Article XVIII. OTHER PROVISIONS  


(1)

In the C-3 and M districts, buildings may be erected to ten stories or 120 feet provided that any building that exceeds 35 feet in height shall be set back from all required yard lines one foot for each foot the building exceeds 35 feet in height.

(2)

Height limitations shall not apply to:

(a)

Chimneys, church steeples, cooling towers, elevator bulkheads, radio, television and microwave towers, antennas, fire towers, monuments, stage towers, scenery lofts, water tanks, silos, grain elevators, farm buildings, and necessary mechanical appurtenances.

(b)

Storage buildings are exempt from the story limitation, but not the number of feet limitation.

(c)

If a public building, church, temple, hospital, institution, or school is set back an additional distance over yards required for the zone district in which it is located, it may be increased in height one foot over the height limit of 35 feet for each foot of such additional setback.

(3)

On double frontage lots and corner lots, the required front yards shall be provided on both streets.

(4)

There shall be provided two side yards, with minimum widths of eight feet; however, the sum of the widths of both side yards shall be at least 20 feet.

(5)

There shall be provided two side yards, with minimum widths of five feet; however, the sum of the widths of both side yards shall be at least 15 feet.

(6)

On a lot abutting a residential district there shall be the same side yard as required in the residential district. No building shall be located nearer than 50 feet to a road right-of-way.

(7)

In the A agricultural district there may be more than one residential structure on a lot, provided that:

(a)

The structures are situated on the property such that all requirements for an actual subdivided lot are met;

(b)

All property and all structures thereon is [are] vested in single ownership.

(8)

Other requirements:

(a)

In the R-3, C and M districts there may be two or more related buildings on a lot, provided that: (a) the required yards are maintained around the group of buildings, and (b) buildings that are parallel or that are within 45 degrees of being parallel are separated by a horizontal distance that is equal to the height of the highest building.

(b)

Those parts of existing buildings that violate yard height regulations may be repaired or remodeled but not reconstructed or structurally altered.

(c)

Front yards in all districts shall remain open to the sky and unobstructed from the ground upward except for the projection from buildings permitted by this ordinance.

(d)

When the street upon which a lot fronts has an existing right-of-way less than that designated on the major thoroughfare plan and has been designated a major arterial street in the major thoroughfare plan, consultation shall be made with the (city) engineer to determine the building setback line, so as to take into consideration the proposed right-of-way of the major street.

(e)

Where commercially zoned or industrially zoned property adjoins residentially zoned property, prior to the issuance of a building permit, a screening barrier will be erected by the developers of the commercial or industrial property which separates the adjoining yards and adequately screens the residential uses from any noise, sight, sound, odor, or other noxious offense which might be created by the commercial or industrial property use. Refer to plates [in the appendix to this appendix] for guidelines on screening between residential and commercial, industrial uses.

(9)

The following exceptions may be made to the yard requirements:

(a)

In lots of record which do not meet the minimum width requirements, the side yard may be reduced to ten percent of the lot width but not to less than three feet.

(b)

Sills, belt course, cornices, and ornamental features may project a maximum of two feet into a required yard.

(c)

Open fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys into a rear yard for a distance of not more than three and one-half feet, when so placed as to not obstruct light and ventilation, may be permitted by the building official.

(d)

Terraces or patios which are uncovered and not above the level of the first floor may project into a required yard, provided these projections be distant at least two feet from the adjacent lot line.

(e)

Where a garage is entered from an alley, it must be a minimum of ten feet from the alley line.

(f)

Filling station gasoline pumps and service islands must be set back a minimum of 35 feet from the street right-of-way line. The front edge of a service station canopy sheltering service islands must be set back a minimum of 20 feet from the street or right-of-way line.

(g)

The use of any yard area for the accumulation of used, discarded, or worn out materials or manufactured products which may or may not be reusable or saleable is expressly prohibited. Likewise, junk cars as defined herein are expressly prohibited from being located in any yard areas.

(10)

[Area requirements when water and sewer service not available.]

(a)

The lot area requirements listed below apply in all departments [sic] where both water and sewer service are not adjacent to the lot.

In subdivisions having three lots or less: with central water, one acre

In all other subdivisions: 1½ acres

The depth and width of yards and lots for the districts shown on the chart of regulations [in the appendix to this appendix] will apply.

(b)

No building permits shall be issued for a building or facility on a lot approved by the city unless the sewage therefrom shall be collected and treated by a central system (and not a septic tank) or unless the county health department approves in writing the use of a septic tank.