§ 35-517. Building Height Regulations.

(a)

Generally. Building height shall conform to the requirements of section 35-310, Dimensional Matrix.

(b)

Measurement. Building height shall be measured as provided in the International Building Code.

(c)

Height Exceptions. The height limits for the various districts do not apply to church spires, belfries, cupolas, or domes not used for human habitation, nor to chimneys, ventilators, skylights, parapet walls, cornices, solar energy systems, or necessary mechanical appurtenances usually located on the roof level, provided that such features are limited to the height necessary for their proper functioning and do not exceed the limitations of the airport hazard zoning regulations.

(d)

Setbacks for Height Increases.

(1)

With the exception of residential uses located in single-family residential zoning districts, any portion of a structure in any zoning district may be erected to exceed the height limit established in section 35-310.01, Table 310-1, provided that such portion is located back from the side and rear setback lines one (1) foot for each two-foot of height in excess of the height limit prescribed in such section unless otherwise prescribed in subsections (2) and (3), below or through a specific use authorization and further provided the height does not exceed the limitations of the airport hazard zoning regulations. Distance credits shall be allowed for space occupied by structures of conforming height extending from the setback lines, except as specified in Table 310-1(k). The requirements of subsection (2) and (3) shall only apply to permits for new construction submitted after December 31, 2010.

(2)

The maximum height of any portion of a commercial, office or multi-family zoning district located within fifty (50) linear feet of the property line of an established single-family residential use shall be limited to the maximum height of the single-family district. The height limit shall not apply where a property is zoned single-family residential but not used for residential purposes, such as a church, school, park or golf course. The measurement of fifty (50) feet shall occur from the property line of the residential use to the structure in the zoning district subject to this subsection.

For example, where a C-2 zoned property abuts single-family property with R-5 zoning, the C-2 property shall be limited in height to thirty-five (35) feet or two and one-half (2½) stories for that portion of the property within fifty (50) feet of the property line with the R-5 district.

(3)

For portions of a zoning district subject to the height limit of subsection (2) the maximum height limit may be exceeded through the specific use authorization ("S") process.

Illustration based on rear setback example:

(Ord. No. 2010-11-18-0985, § 2, 11-18-10)