[Amended 6-6-1994 by Ord.
No. 94-06]
The regulations in this chapter shall be subject to the interpretations
and exceptions in this article.
[Amended 6-6-1994 by Ord.
No. 94-06]
Essential services serving the City shall be permitted as authorized
and regulated by law and ordinances of the municipality. Overhead
or underground lines and necessary poles and towers to be erected
to service primarily those areas beyond the municipality shall receive
the review and approval, after a public hearing, of the City Council
acting in the capacity of appeal board. Such review shall consider
abutting property and uses as they relate to easements, rights-of-way,
overhead lines, poles and towers, and further shall consider injurious
effects on property abutting or adjacent thereto and on the orderly
appearance of the City.
[Amended 6-6-1994 by Ord.
No. 94-06]
The provisions of this chapter shall not be so construed as
to interfere with the temporary use of any property as a voting place
in connection with a municipal or other public election.
[Amended 6-6-1994 by Ord.
No. 94-06]
The height limitations of this chapter shall not apply to farm
buildings, chimneys, church spires, flagpoles, public monuments or
television antennas for personal use; provided, however, that the
City Council may specify a height limit for any such structure when
such structure requires authorization as a conditional use.
[Amended 6-6-1994 by Ord.
No. 94-06]
Any lot existing and of record on June 10, 1994, may be used for any principal use permitted in the district which such lot is located, other than conditional uses for which special lot area requirements are specified in this chapter, whether or not such lot complies with the lot area and width requirements of this chapter. Such use may be made provided that all requirements other than lot area and width prescribed in this chapter are complied with and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this chapter for required lot area for each dwelling unit. (See also § 86-334, pertaining to nonconforming lots.)
[Amended 6-6-1994 by Ord.
No. 94-06]
When yard regulations cannot reasonably be complied with, or
where their application cannot be determined on lots of peculiar shape
or topography or due to architectural or site arrangement, such regulations
may be modified as determined by the Zoning Board of Appeals.
[Amended 6-6-1994 by Ord.
No. 94-06; 11-19-2007 by Ord. No. 07-03]
An open, covered, glass or screened in porch, or paved terrace
may project into a front yard a distance not to exceed 10 feet excluding
the necessary uncovered stairs, landing, or ramp. In no case shall
such porch or terrace be nearer than 10 feet from the edge of the
street right-of-way.
[Amended 6-6-1994 by Ord.
No. 94-06]
Architectural features, not including vertical projections,
may extend or project into a required side yard not more than three
inches for each one foot of width of such side yard, and may extend
or project into a required front yard or rear yard not more than three
feet.
[Amended 6-6-1994 by Ord.
No. 94-06]
For the purpose of this chapter, access drives may be placed
in the required front or side yard so as to provide access to rear
yards or accessory or attached structures. These drives shall not
be considered as structural violations in front and side yards. Further,
any walk, terrace or other pavement servicing a like function, and
not in excess of nine inches above the grade upon which placed, shall
for the purpose of this chapter not be considered to be a structure,
and shall be permitted in any required yard.
[Amended 6-6-1994 by Ord.
No. 94-06]
Canopies and awnings offering partial protection from the weather,
but not fully enclosed, and which extend into a public right-of-way
or required yard, may be considered for approval subject to the following
conditions:
(1)
Projection into public right-of-way. Canopies and awnings extending
into a public right-of-way are subject to the following requirements:
a.
Such approval shall only be granted by the City Council following
Planning Commission recommendation.
b.
Any such structure shall not extend closer than 24 inches to any
vehicular parking space or moving vehicle lane.
c.
Any such structure shall not conflict with necessary sight distances
for proper vehicular and pedestrian movements.
d.
Any such structure shall not conflict with any existing or proposed
landscape features, traffic control device, adjacent properties and
signs, and pedestrian movements.
e.
The height, location, materials, construction and signage involved
in any such structure shall specifically be subject to review and
approval by the City Council.
f.
The structure shall be maintained in such a manner as to continue
its original appearance and provide proper safety to the persons and
property it may affect.
g.
The City, its officials and employees, and any of its representatives
shall be guaranteed full protection against any liability or damages
resulting from the construction and existence of any such structure.
The nature of such protection and its continuous effect shall be subject
to City Council determination.
(2)
Projection into required yard. Canopies and awnings extending into
a required yard are subject to the following requirements:
a.
Such approval shall only be granted by the Planning Commission.
b.
Any such structure shall not extend closer than the height of the
structure to any property line adjacent to a residential district.
c.
Any such structure shall not conflict with necessary sight distances
for proper vehicular and pedestrian movements.
d.
Any such structure shall not conflict with any existing or potential
development on adjacent property.
e.
The height, location, materials, construction and signage involved
in any such structure shall specifically be subject to review and
approval.
f.
The structure shall be maintained in such a manner as to continue
its original appearance and provide proper safety to the persons and
property it may affect.
[Amended 6-6-1994 by Ord.
No. 94-06]
A deck which is associated with a residential structure shall
maintain a distance of at least 15 feet from the rear lot line and
shall not occupy any required side yard or front yard area, and shall
be subject to the following restrictions:
(1)
The portion of a deck which occupies the required rear yard shall
not be above the elevation of the first floor of the residence.
(2)
No more than 25% of any deck shall be covered with structures such
as a gazebo or a screened porch, and such structures shall be nonhabitable;
provided that the portion of a deck which occupies the required rear
yard shall not contain any such covered structures.
(3)
The portion of a deck which occupies the required rear yard shall
not be converted into any enclosed habitable space.
(4)
A deck shall be subject to lot coverage limitations.
