CHAPTER 1177

Height and Yard Modifications

1177.01 Other limitations not applicable.
1177.02 Front yards.
1177.03 Computation of rear and side yards.
1177.04 Side yard modifications.
1177.05 Rear and side yards reduced.

CROSS REFERENCES

Height of building defined - see P. & Z. 1101.04(18)
Yard defined - see P. & Z. 1101.04(89) et seq.
Side yard, least width, how measured - see P. & Z. 1101.04(94)
Yard requirement along zoning boundaries - see P. & Z. 1109.07
Yard projections - see P. & Z. Ch. 1181


1177.01 OTHER LIMITATIONS NOT APPLICABLE.
The height limitations stipulated elsewhere in this Zoning Code shall not apply to the following:

(a) Barns, silos or other farm buildings or structures on a farm; church spires, belfries, cupolas and domes; monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; and parapet walls extending not more than four feet above the limiting height of the building.

(b) Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

(c) Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.


All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than fifty feet in all parts from every lot line not a street lot line.
(Ord. 196. Passed 11-21-63.)


1177.02 FRONT YARDS.

(a) In any R-District, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Zoning Code, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of such existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However, the depth of a front yard on any lot shall be at least ten feet and need not exceed fifty feet.

(b) In any R-District where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming to the requirements of this Zoning Code, such garage may be located within such front yard, but not in any case closer than six feet to the street line.

(c) Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; however, applicable front yard must be provided on both streets.
(Ord. 196. Passed 11-21-63.)


1177.03 COMPUTATION OF REAR AND SIDE YARDS.
In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, no side yard shall be less at any point than three feet, and no rear yard less than ten feet.
(Ord. 196. Passed 11-21-63.)


1177.04 SIDE YARD MODIFICATIONS.

(a) Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty feet.

(b) Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width. However, such side yard shall not be narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case.

(c) A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R-District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
(Ord. 196. Passed 11-21-63.)


1177.05 REAR AND SIDE YARDS REDUCED.
The depth of a rear yard or width of each side yard may be reduced by four inches for each foot by which a lot, at the time of enactment of this Zoning Code, is less than 100 feet deep or less than fifty feet wide. However, no side yard shall be less at any point than three feet, or less, in the case of a side yard along a side street lot line, than five feet; and no rear yard shall be less than ten feet.


The width of one side yard may be reduced, when authorized by the Board of Zoning Appeals, in the case of a one-family or two-family dwelling, to a width of not less than three feet; provided the sum of the widths of the two side yards is not less than the required minimum, and the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot, is not less than the required minimum sum of the widths of two side yards. However, such reduction may be authorized only when the Board finds it warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
(Ord. 196. Passed 11-21-63.)


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