§ 23.38.002. Additional requirements, exceptions and modifications.

The requirements and standards specified heretofore in this title shall be subject to the following provisions set forth in this chapter and to Chapter 13.08.

(1)

HEIGHT LIMITATIONS. Height limitations as set forth in "R-1," "R-2," and "R-3," districts elsewhere in this title may be increased without special permit by fifty percent when applied to the following:

(a)

Antenna, radio and TV;

(b)

Church spires and steeples;

(c)

Belfries;

(d)

Water tower (private);

(e)

Flag poles;

(f)

Smokestacks;

(g)

Cooling towers;

(h)

Elevator penthouse;

Heights in excess thereof for such purposes may be permitted only by a conditional use permit granted by resolution of the governing body determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent property.

(2)

FRONT YARD VARIANCE. In any "R" district, wherever a platted block or otherwise subdivided area has dwellings located on fifty percent or more of the parcels located between two streets, the front yard setback line may be reduced below the minimum which would be therein required, but shall in no case be less than either the average front setback lines already established by the dwellings located in such block or area, or fifteen feet whichever is greater.

(3)

SIDE YARD ALLOWANCES.

(a)

In any "R" district, whenever a platted block or otherwise subdivided area has a residential dwelling upon an existing lot and due to a zoning ordinance change, the existing side yard setback line is less than required under the zoning law as changed, the side yard setback line for expansions or additions to the existing principal dwelling or attached accessory building may be reduced below the minimum which would be required but shall in no case be less than the setback line of the existing structure.

(b)

In any "R" district, whenever a platted lot or portion thereof which is in existence prior to the effective date of the ordinance codified in this chapter, has a front lot width less than now required; the required minimum side yard which does not abut a street may be reduced by the percentage that the front lot width differs from the now required minimum width, but in no case shall such side yard be reduced below five feet.

(c)

In no case may any structure except for fences be constructed in utility easement areas along front, side or rear property lines. As long as the owner understands that any fence installed in a utility easement area may be removed by a public or private utility provider and the owner may be responsible to pay for the removal and the owner will have to reinstall the fence or pay to have the fence reinstalled at no cost to the city or the utility provider.

(d)

If a detached accessory building is constructed three feet (or less by variance) from the property line, the roof overhang on the building will be limited to one foot including stormwater gutters.

(4)

RESIDENTIAL FRONTAGE. No residence shall hereafter be erected upon any parcel unless such parcel abuts upon a street for at least fifty feet.

(5)

REZONING. Rezoning for any individual business or industry shall not be permitted unless it is an extension of an existing business or industrial district, or is designated to be a part of a business or industrial area as designated on the Huron comprehensive plan.

(6)

USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS. Whenever in any district a use is neither specifically permitted nor denied, the council, the commission, or a property owner may request a study by the commission to determine whether the particular use is compatible with the Huron comprehensive plan, what zoning district would be most appropriate and the determination as to conditions and standards relating to the use. The council may upon receipt of the study initiate an amendment to Title 23 to provide for the particular use under consideration or find that the use is not compatible.

(7)

REQUEST FOR A VARIANCE—CONDITIONAL USE PERMIT OR AMENDMENT LIMITS. A request for a variance, conditional use permit, or amendment which has been acted upon may not be requested again until a period of six months has passed unless the applicant can show to the satisfaction of the commission that the conditions which were present when the earlier request was filed have changed or that the request is substantially different.

(8)

LOTS NOT SERVED BY PUBLIC SEWER AND WATER. In any district, where either public water supply or public sanitary sewer is not accessible, the otherwise specified lot area per dwelling and width requirements shall be a minimum of fifteen thousand square feet of lot area and one hundred feet of lot width or as specified in district if larger.

(9)

RECREATIONAL VEHICLES. It is permissible to park recreational vehicles within the residential districts subject to the following:

(a)

Parking is permitted within a garage or carport which conforms to the zoning requirements of the zoning district in which it is located;

(b)

Parking is permitted outside as follows:

(1)

In any rear yard of the principal structure; side of the principal structure if it does not encroach on a required side yard; or side yard serves as a driveway to a private garage,

(2)

If space is not available in the areas provided in subsection (1) of this section or where there is no reasonable access to these areas; parking is permitted in a side yard provided it is not nearer than two feet to the lot line,

(3)

If space is not available in the areas provided in subsection (2) of this section or where there is no reasonable access to these areas, parking is permitted in a front yard on a driveway,

(4)

Parking on the boulevard shall be subject to Sections 15.24.030 and 16.28.090,

(5)

A corner lot or a lot abutting an alley is always considered to have reasonable access to a rear yard,

(6)

A fence is not deemed to prevent reasonable access to a side or rear yard;

(c)

A recreational vehicle may be parked anywhere within a lot during active loading or unloading; and the use of electricity or propane fuel is permitted when necessary to prepare the recreational vehicle for use;

(d)

When a dwelling unit is being constructed or remodeled the owner/resident thereof may utilize a recreational vehicle for dwelling purposes for a reasonable period of time which has been approved by the city building inspector;

(e)

Recreation vehicles shall not be:

(1)

Used for dwelling purposes, except for overnight sleeping for a maximum of thirty days per calendar year, nor more than fifteen consecutive days and except as provided in subsection (d) of this section,

(2)

Permanently connected to sewer lines or water lines; the unit may be connected to electricity temporarily for charging batteries.

(10)

LOT/STRUCTURE FRONTAGE. A structure may or may not face the "Lot Line—Front" as defined.

(Ord. 2025 (part), 2007; Ord. 1888 (part), 2000; Ord. 1505, 1984; Ord. 1510, 1984; Ord. 1332, 1978: Ord. 985 (part), 1971).

(Ord. No. 2086, 9-27-2010; Ord. No. 2160-23-389, 6-1-2015)