§14-313. Commercial District Rules and Exceptions. [157]


The following shall apply to all Commercial Districts except the "C-4" and "C-5" Commercial Districts.[158]

(1) Appurtenances Above Height Restrictions. The following appurtenances of buildings when directly attached as part of the main building may be erected to heights in excess of the prescribed height limit in a Commercial District:

(a) Chimneys;

(b) Fire-escape towers;

(c) Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, heating and cooling towers, or similar equipment required to operate and maintain the building;

(d) Fire walls;

(e) Radio and television aerials;

(f) Flagpoles;

(g) Airplane beacons.

(2) Use Regulations of Open Area. Open areas required in Commercial Districts shall not be used for permanent storage purposes, but may be used for temporary storage purposes for a period of not more than one month on approval of the Zoning Board of Adjustment, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Board of Adjustment certificate may be issued for a period not exceeding one year in any case.

(3) Decks and Patios.[159] Decks and patios shall be permitted only in accordance with the following requirements:

(a) A deck or patio may not be enclosed by a fence more than forty-two (42) inches in height;

(b) Front yard. A deck or patio shall be prohibited between the street line and the front wall of any building;

(c) Side yard. Any deck or patio shall be prohibited;

(d) Rear yard. Any deck or patio may be permitted between the rear wall and rear property line of any building and shall not be considered as occupied area provided the following conditions are met:
(.1) Extension of commercial use. No deck or patio shall extend the commercial use of the property.

(.2) Roofs, walls, stairs. No deck may be enclosed by walls and/or a roof above the usable surface of the deck, nor enclosed by walls below the usable surface. Stairs from the ground level to the deck shall not be permitted.

(.3) Access to garage. No deck or patio shall be constructed and/or located so as to prevent vehicular access to any existing garage whether or not the garage is providing required off street parking for the use of the lot;

(.4) Minimum distance from driveway and for rear property line. Any deck or patio shall be constructed so that it is not closer at any point then three (3) feet from the edge of any driveway and/or rear property line serving two or more lots;

(.5) Minimum distance from lot lines. Any deck or patio shall be constructed so that all vertical support elements are located at a minimum distance of one foot (1) six inches (6) from all lot lines;

(e) Temporary storage. Decks and patios, and the area below the usable surface, shall not be used for permanent storage purposes, but may be used for temporary storage for not more than one (1) month on approved by the Zoning Board of Adjustment.