Chapter 17.44 — HEIGHT AND AREA EXCEPTIONS

The height and area regulations set forth in this title shall be subject to the exceptions and amplifications set forth in Sections 17.44.020 through 17.44.110 .

(Prior code § 30.300)

• A. Public and Semi-Public Buildings. In the thirty-five and forty-five foot height districts, public or semi-public buildings, hospitals, sanitariums, or schools may be erected to a height not exceeding seventy-five feet when the front, side, and rear yards are increased an additional foot for each foot such buildings exceed thirty-five and forty-five feet, respectively, in height.

• B. Dwellings. Dwellings in the thirty-five foot height district may be increased in height by not more than ten feet when two side yards of not less than fifteen feet each are provided.

• C. Penthouses or Roof Structures. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, television aerials or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits prescribed by the height and area regulations, but no penthouse or roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space.

• (Prior code § 30-300.1)

When residentially zoned lots comprising forty percent or more of the frontage of a block are developed with buildings having front yards which vary in depth by not more than six feet, the front yard required for any building or structure hereafter erected or structurally altered shall be no less than the average of such established front yards; provided, that this regulation shall not be so interpreted as to require a front yard of more than twenty-five feet nor less than the minimum front yard required in the district in which the property is located (Prior code § 30-3 00.2 (A)

The front and side yard requirements for dwellings shall be waived for any dwelling which, in its entirety is located or established directly above stores, shops, or garages, in the commercial districts unless such yards are also required to be provided for said stores, shops, or garages under the provisions of this title.

(Prior code § 30-300.2 (B))

On any lot which abuts an alley, no building shall project or extend nearer than five feet to the alley property line. (Prior code § 30-300.2 (C))

On any parcel of land with an average width of fifty feet or less, which parcel was under one ownership at the time of, or is shown as a lot on any subdivision map filed in the office of the county recorder of the county of Del Norte, prior to the effective date of the ordinance codified in this chapter, the width of each side yard may be reduced to ten percent of the width of such parcel, but in no case to less than three feet. (Prior code § 30-300.2 (D))

Every part of a required yard shall be open from its lowest point to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than twenty-four inches nor into a minimum front or rear yard more than forty-eight inches. (Prior code § 30-300.2 (E))

Eaves, cornices and marquees on buildings for which no front yard or street side yard is required may project over the street property line providing that no such eaves, cornices or marquees shall project over the street line more than six feet. (Prior code § 30-300.2 (F))

Open fire escapes, open porches, outside stairways and balconies may project into the minimum front and rear yards not more than four feet.

(Prior code § 30-300.2 (G))

Chimneys, flues and water softener tanks and air conditioners may project into a minimum side yard; provided, that such structures or equipment shall not extend or project nearer than three feet to the side property line. (Prior code § 30-300.2 (H))

In the case of a reverse corner lot where the rear of a lot in a commercial or industrial district abuts upon the side of a lot in any residential district, there shall be a rear yard of not less than ten feet; provided, that where a public alley separates the rear of the lot on a commercial or industrial district and the side of a lot in a residential district, no rear yard shall be required. (Prior code § 30-300.2 (I))