[Ord. No. 738 § 15, 1-9-1961]
A.
In Districts "R-1", "R-2", "R-3", "B-1", B-3 and "M-1", public or
semipublic buildings, such as hospitals, sanitariums or schools, either
public or private, where permitted, may be erected to a height not
exceeding seventy-five (75) feet; provided, that such buildings shall
be set back one additional foot on all sides for each additional foot
that such buildings exceed the specified height limit as established
by the regulations of the district in which such buildings are situated.
B.
Dwellings in Districts "R-1" and "R-2" may be increased in height
not exceeding ten (10) feet, in addition to the limitation prescribed
in such districts; provided, that two side yards of not less than
fifteen (15) feet in width each are provided. In no case shall such
dwelling, however, exceed three (3) stories in height.
C.
Parapet walls shall not extend more than six (6) feet above the height
limit in any given zoning district. Flagpoles, chimneys, cooling towers,
elevator bulkheads, penthouses, finials, gas tanks, grain elevators,
stacks, storage towers, radio towers, ornamental towers, monuments,
cupolas, domes, spires, standpipes and necessary mechanical appurtenances
may exceed the established height restrictions by twice the otherwise
allowable height in B-1, B-2, B-P and M-1 zoning districts and 1.5
times the allowable height in R-1, R-2, R-3, B-T, M-H zoning districts.
[Ord. No. 2818 § 1, 7-20-2015]
D.
On through lots of one hundred twenty-five (125) feet in depth, the
height of a building may be measured from the curb level of either
street. On through lots of more than one hundred twenty-five (125)
feet in depth, the height regulations for the street permitting the
greater height shall apply, to a depth of not more than one hundred
twenty-five (125) feet from that street.
[Ord. No. 738 § 15, 1-9-1961]
A.
For any building used jointly for business and residential purposes,
the number of families permitted by the lot area requirements per
family shall be reduced in the same proportion as the floor area devoted
to business bears to the entire floor area of the building; provided,
that floor area below the first floor of such building shall not be
included in any calculation under this provision.
B.
For any building providing jointly for hotel and apartment house
use, the number of families permitted in apartments by the lot area
requirements per family shall be reduced in the same proportion as
the total floor area devoted to hotel or non-housekeeping rooms bears
to the total area devoted to both uses.
[Ord. No. 738 § 15, 1-9-1961; Ord.
No. 1448 § 1, 8-15-1988; Ord. No. 1603 § 25, 3-18-1991; Ord.
No. 1648 § 1, 11-18-1991; Ord. No. 1914 § 1, 8-5-1996]
A.
In Districts "R-1", "R-2", "R-3", "B-2" and "M-1", where lots comprising
forty percent or more of the frontage, on the same side of a street
between two intersecting streets (excluding reverse corner lots),
are developed with buildings, the average of the front yards of such
building shall establish the minimum front yard depth for the entire
frontage; except, that where a recorded plat has been filed showing
a setback line which otherwise complies with the requirements of this
Chapter, yet is less than the established setback for the block as
provided above, such setback line shall apply; provided, that the
Board may permit variations in case of hardship, or where the configuration
of the ground is such as to make conformity with the front yard requirements
impractical.
B.
Where an official line has been established for future widening or
opening of a street upon which a lot abuts, the depth or width of
a yard shall be measured from such official line to the nearest line
of the building.
C.
Every part of a required yard or court shall be open from the lowest
level of such yard or court to the highest point of any boundary wall
and to the sky unobstructed, except for the ordinary projection of
sills, belt courses, cornices, chimneys, buttresses, ornamental features
and eaves; provided, that none of the above projections shall extend
into a court more than six (6) inches, nor into a minimum yard more
than twenty-four (24) inches, and provided further, that canopies
or open porches having a roof area not exceeding sixty (60) square
feet may project a maximum of six (6) feet into the required front
yard. Open decks without roofs and stoops and porches without roofs
may project not more than ten (10) feet into a required front or rear
yard, and existing open porches and open decks extending into the
required yard shall not be enclosed except by railings. However, no
open decks without roofs extending into a required yard and above
the ground shall be used as a roof for either a carport or for storage.
Notwithstanding anything to the contrary herein, no open decks without
a roof or stoops or porches without a roof shall extend into a required
front yard to such an extent that less than six (6) feet of the required
front yard remains. Steps leading to an open deck without a roof or
a stoop or porch without a roof shall be considered part of said open
deck, stoop or porch in determining whether the said open deck, stoop
or porch meets the yard requirements in this subsection. Patios flush
with the ground shall be treated the same as sidewalk and shall not
be subject to any minimum yard requirements.
D.
An open fire escape may project into a required side yard not more
than half the width of such yard and not more than four feet from
the building. Fire escapes, solid floored balconies and enclosed outside
stairways may project not more than four (4) feet into a rear yard.
E.
A terrace garage in a District "R-1" to "R-3", inclusive, may be
located in a front or side yard; provided, that it is completely recessed
into the terrace and that the height of the terrace is sufficient
to cover and conceal the structure from above, and further provided,
that the doors, when open, shall not project beyond any property line
and that the structure be set back at least four (4) feet from the
front property line.
F.
In any district, a detached accessory building not exceeding twenty-four
(24) feet or two (2) stories in height, or in any case not higher
than the main building, may occupy not more than thirty percent (30%)
of a rear yard; except, that in Districts "R-3", "B-1", "B-2" or "M-1",
if such building is not more than one story or sixteen (16) feet high,
it may occupy forty percent (40%) of a rear yard. A detached accessory
building may be connected with the main building by a lightly constructed,
covered passage, open on each side, not more than six (6) feet wide
inside, the roof of which is not more than twelve feet high at its
highest point and is not an extension of the roof of the main building.[2]
G.
Except as specifically required adjacent to a District "R-1" to "R-3",
inclusive, and except as specifically required in District "B-2" where
the side line of a lot borders upon a street, buildings in Districts
"B-1", "B-2" or "M-1", used wholly or partially for business or industrial
purposes, need not provide a side yard; provided, that portions of
such buildings which are designed or used for dwelling purposes shall
provide, on any floor so used, in addition to the front and rear yard
requirements, open space equivalent to the area of side yards for
buildings used exclusively for dwelling purposes in the district in
which such building is situated. Such open space may be in the form
of additional front or rear yards, or one or more courts opening to
the street or rear yard; provided, that
H.
No rear yard shall be required in Districts "B-1" to "M-1", inclusive,
on any lot used for business or industrial purposes, the rear line
of which adjoins a railway right-of-way or which has a rear railway
track connection.
I.
In computing the depth of a rear yard for any building where such
yard abuts an alley, one-half (1/2) of such alley may be assumed to
be a portion of the rear yard.
J.
In any district where buildings on adjoining lots, used exclusively
for dwelling purposes, do not conform to the side yard requirements
of this Chapter, the Board may vary the side yard requirements; provided,
that no building may be built nearer than three (3) feet to the side
lot line, and provided, that the width of the building allowable under
the regulations of this Chapter may not be increased.
K.
Notwithstanding the provisions of Subsection (C), a canopy or awning
on a structure with a permitted business use may extend into the required
yard, provided that no structure or pole supporting the canopy or
awning is attached to the ground within the required yard. Such canopy
or awning shall not extend beyond the property line, provided that
where a business structure abuts a public sidewalk, the canopy or
awning may extend over the public sidewalk but no farther than the
curbline of the street. Where such a canopy or awning does overhang
a public sidewalk, it shall not obstruct or interfere in any way with
streetlights, traffic devices, highway signs, utilities, public improvements,
or other public uses located on any public property or right-of-way.
Such a canopy or awning constructed after March 18, 1991 shall be
placed at a minimum height of seven (7) feet, six (6) inches, as measured
from the lowest point of the canopy or awning to the public sidewalk.
L.
Notwithstanding the provisions of Subsection (C), in District "R-1",
"R-2", or "R-3", a one-family dwelling or two-family dwelling that
does not have an attached garage and to which has been granted a Certificate
of Occupancy For Nonconforming use because a preexisting front yard
failed to meet depth requirements, may have a detached canopy of a
quality in harmony with that of the dwelling to which it relates,
provided the canopy: is open on all four (4) sides, does not exceed
twelve (12) feet in width or twenty-one (21) feet in length, is erected
over a paved driveway, does not extend into a required front yard
a distance of more than eight (8) feet from the existing front line
of the dwelling, does not extend any closer than ten (10) feet from
the front lot line, and does not extend into any other required yard.
