Sec. 48-151. - Height.

(a)

Generally. Except as specified in the following subsection of this section, the height of a building or structure hereafter erected or altered in respect to height in a residence district shall not exceed that given in the following table:

(b)

Exceptions. The height of a building or structure as specified in subsection (a) of this section may be exceeded in the following instances:

(1)

A public school, any other public building except a recreation building in a park, playground or athletic field, a parochial school, church, private club or lodge, college or university, hospital or charitable institution may, where permitted in an R-1, R-2, R-2-A, R-3, R-4 or R-5-A district under division 2 of this article, be erected to a height of four stories or 60 feet; provided, that if in an R-1 or R-2 district, it shall be set back from every street line by not less than five feet more than is required under section 48-154

(2)

A dome, spire, cupola, belfry, chimney or pinnacle serving as an architectural embellishment may be erected in any district to a height in excess of that authorized in subsection (a) of this section and subsection (1) of subsection (b) of this section for the district in which it is located; provided, that the aggregate area of the bases of all such structures does not exceed 25 percent of the ground floor area of the building.

(3)

In any district, the provisions of this section do apply to flagstaffs, water tanks or towers or hose towers; provided, that no part of any such structure shall extend to within 30 feet of any street line or party lot line.

(4)

In any R-4, R-5-A, R-5-A-1 or R-5-B district the provisions of this section do not apply to roof bulkheads, elevator or stairway enclosures, or structures housing air conditioning equipment or machinery; provided, that all such structures are set back at least five feet from the exterior walls of the building and the aggregate area of the bases of all such structures does not exceed 35 percent of the ground floor area of the building.

(5)

In any district, the provisions of this section do not apply to a conventional television antenna attached to a building. In any district, the height limitations of this section may be exceeded by up to 15 feet for a satellite television antenna and for an amateur radio antenna, minor structure, if roof-mounted or otherwise anchored to a building, except that in R-5-C districts, any such antenna so anchored may exceed the actual height of the building by up to 15 feet. The height limitations of this section may be exceeded by an amateur radio antenna, subject to the provisions of article XI, division 20.

(6)

Any emergency sirens included in the city-wide emergency warning system that are installed and operated by the office of emergency management in accordance with chapter 7 of the City Code.

(Code 1968, § 48-14; Ord. No. 92-028, § 2, 6-4-92; Ord. No. 04-082(sub 1), § 1, 12-9-04)

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Sec. 48-152. - Minimum lot dimensions.

(a)

Generally. Except as prescribed in the following subsections of this section, the minimum dimensions of a lot in a residence district shall be as given in the following table:

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(b)

Exceptions—Certain improved lots. In the case of a lot with a dwelling on it as of March 8, 1962 but with an area of lot or width of lot less than that prescribed in subsection (a) of this section for the district in which it is located, such dwelling may be altered; provided, that the same residential use is maintained, or a new building erected thereon, provided, that it complies with all other provisions of this chapter.

(c)

Same—Certain unimproved lots. In the case of a lot unimproved as of March 8, 1962 and not adjoining either another unimproved lot or an improved lot controlled by the owner of the lot in question, a building may be erected thereon if both the area of the lot and the width of lot are at least 80 percent of that prescribed in subsection (a) of this section for the district in which it is located; provided, that it complies with all other provisions of this chapter with the exception of off-street parking requirements for new construction of one-family and two-family dwellings, but if such off-street parking is provided, it shall be constructed in accordance with the provisions of article XI, division 3 of this chapter.

(Code 1968, § 48-15; Ord. No. 92-028, § 2, 6-4-92)

Sec. 48-153. - Floor area ratios.

The maximum permitted floor area ratio in a residence district shall be as given in the following table:

(Code 1968, § 48-16; Ord. No. 92-028, § 1, 6-4-92)

Sec. 48-154. - Building setback lines.

(a)

Generally. Except as provided in section 48-473 and the following subsections of this section, each story or part of a building in a residence district shall be set back from the street line so as not to project beyond the building setback line established by the following table:

(b)

Exceptions—Existing average setback. If within 100 feet of the side lot lines of the lot in question and within the same block front and within the same zoning district or, if within part of a different zoning district that is a more restrictive one, the average setback of existing buildings or their corresponding stories or parts is less than the setback required for a proposed building by subsection (a) of this section, such proposed building need not be set back any further than such average setback.

(c)

Same—Steps and porches generally. Uncovered steps, or a one-story open porch or enclosed porch may project not more than ten feet beyond the building setback line in an R-1, R-2 or R-2-A district and not more than eight feet in an R-3, R-4, R-5-A, R-5-A-1, R-5-B or R-5-C district.

(d)

Same—Porches on apartment houses. In an R-5-A, R-5-A-1, R-5-B or R-5-C district, if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, a multistory open porch or enclosed porch may be constructed on the front of an apartment house, subject to the conditions specified below in each case:

(1)

It shall project not more than eight feet beyond the building setback line;

(2)

The railings of porches above the first story shall extend not less than 36 inches above the porch floor; and

(3)

It shall not impair the usefulness of adjoining property or detract from the character of the neighborhood.

(e)

Same—Certain steps, retaining walls, fences and railings. The provisions of this section shall not apply to any step or retaining wall which is less than one foot high above the ground or to any fence or railing which is less than one-fourth solid and less than four feet above the ground.

(f)

Corner lots. In the case of a corner lot, the building setback line along the side street shall be determined by the side yard requirements on a corner lot as established by section 48-156

(g)

Fire escapes. No fire escape shall be permitted to be located on, along, or attached to any side of any building or structure that faces the right-of-way along any street line; provided, that a fire escape may be so located and face the right-of-way along a street line if such placement has been determined to be necessary for use by the occupants of the building or structure in an emergency and has been specifically approved for the same by the commissioner of licenses and inspections.

(Code 1968, § 48-17; Ord. No. 92-028, § 1, 6-4-92)

Sec. 48-155. - Rear yards.

(a)

Generally. A rear yard shall be provided on every lot in a residence district, the minimum depth of which shall be as prescribed in the fol-lowing table, subject to the special provisions of the succeeding subsections of this section:

(b)

Exceptions—Generally. If the depth of the lot is less than 100 feet as of March 8, 1962, the required depth of a rear yard in an R-1, R-2, R-2-A, R-3 or R-4 district shall be decreased one-half of such deficiency; provided, that no rear yard depth less than 15 feet shall be permitted and that no rear yard depth greater than 50 feet shall be required.

(c)

Same—Through lots. In the case of a through lot, no rear yard is required, but each street frontage shall be subject to the building setback line required under section 48-154 for the district in which it is located.

(d)

Same—Chimney. A chimney may project not more than 30 inches into the required yard.

(Code 1968, § 48-18; Ord. No. 92-028, § 1, 6-4-92)

Sec. 48-156. - Side yards.

(a)

Generally. Side yards shall be provided on lots in residence districts as prescribed in the following table, subject to the special provisions of the succeeding subsections of this section:

(b)

Exceptions—R-3 and R-4 districts. In an R-3 or R-4 district a detached building shall have two side yards each not less than five feet in width and a semidetached building shall have one side yard not less than five feet in width.

(c)

Same—Corner lots. In the case of a corner lot, a side yard shall be provided along the side street line with a minimum width as required by the following table:

(d)

Same—Certain buildings more than three stories high. In the case of a building more than three stories in height in an R-5-A-1, R-5-B or R-5-C district located on a lot adjoining an R-1, R-2, R-2-A, R-3, R-4 or R-5-A district, the side yard along the side lot line coinciding with the district boundary shall be as required under subsection (a) of this section; except, that in no case shall it be less than eight feet in width.

(e)

Same—Chimney. A chimney may project not more than 30 inches into the required yard.

(Code 1968, § 48-19; Ord. No. 92-028, § 2, 6-4-92)

Sec. 48-157. - Courts.

(a)

Generally; minimum dimensions. Whenever any room in which one or more persons live, sleep, work or congregate cannot be adequately lighted or ventilated from the street, a front yard, a side yard, or a rear yard, an open space in the form of a court shall be provided and shall have the minimum dimensions specified below:

(1)

The width of a court at its lowest level shall be not less than four inches for each foot of height or fraction thereof in the case of an outer court, and eight inches for each foot of height or fraction thereof in the case of an inner court, but in no case less than ten feet. In each case the height of the court shall be measured from the top of the sills in the lowest windows facing on the court to the highest portion of the adjoining walls.

(2)

The cross-sectional area of a court shall not be less than twice the square of the required width of the court.

(b)

Maximum dimensions. The dimensions of any court shall not exceed those specified below:

(1)

The length of any court shall not exceed twice the width of the court.

(2)

In any court, the length of any corner cut-off shall not exceed two-thirds of the minimum permitted width of the court.

(Code 1968, § 48-20)

Secs. 48-158—48-180. - Reserved.