(A) Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but the modification shall be in accord with the following:
(1) Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter;
(2) Special structures, such as elevator penthouses, gas tanks, grain elevators, electric generating stations, lightening rods, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, smoke stacks and flag poles are exempt from the height limitations of this chapter;
(3) Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter;
(4) Communication structures, such as radio and television transmission relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line; and
(5) Public or semi-public facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet; provided, all required yards are increased not less than one foot for each foot the structure exceeds the district’s maximum height requirements.
(B) Yards. Residential accessory uses and detached, residential garages, storage sheds and other similar buildings are permitted in the rear yard only, shall comply with all minimum front yard requirements of this code, but may be constructed five feet from the rear lot line and three feet to an interior lot line. They shall not exceed more than 25 feet in height. However, a detached residential garage proposed to be constructed having its vehicular access doors facing toward the front lot line shall not be closer than 25 feet from the front property line. These restrictions do not apply to structures used only for agricultural purposes.
(1) Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed six feet and not closer than three feet to any lot line.
(2) Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard; but the projection shall not exceed two feet.
(3) Residential fences are permitted to be erected on the property line; provided that, in any required front yard, they shall be no higher than four feet in height and shall be of an open type (such as, chain link or wrought iron) which does not limit, inhibit or restrict reasonable visibility through it by pedestrians, cyclists or motorists. Fences erected along interior lot lines or the rear property line may be solid and shall not exceed eight feet in height.
(4) Security fences for commercial, industrial or governmental uses are permitted to be erected on property lines; provided that, they shall be no higher than ten feet in height, shall be of an open type such as chain link or wrought iron and not in conflict with § 155.081.
(5) Accessory uses and detached accessory structures may be permitted, provided that they are not proposed to be constructed or erected in the front yard and comply with the remaining provisions of this chapter.
(6) Essential services, utilities, electrical power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(7) Landscaping and vegetation may be planted and maintained on property lines. Landscaping planted in the front shall be of the type and variety that it does not limit, inhibit or restrict reasonable visibility through it by either pedestrians, cyclists or the motorists. It shall be the responsibility of the property owner to maintain, trim or otherwise ensure that landscaping and vegetation do not encroach upon any public way or cause visibility problems.
(C) Additions. Additions in the front yards of existing structures shall not project beyond the average of the existing front yards on the abutting lot or parcels.
(D) Average front yards. The required front yards may be decreased to the average of the existing front yards of the abutting structures on each side.
(E) Noise. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are not to be enjoined under the performance standards section of this chapter.
(F) General filling. Filling of low areas with earth or gravel or with earth covered bricks, blocks, broken concrete or broken paving material, all free from refuse, as may be permitted by the State Environmental Protection Agency and the County Health Department; provided that, the areas are not located in the special flood hazard area. This provision shall not relieve any property owner from compliance with any other applicable laws, regulations or agreements.
(Prior Code, § 152.091) (Ord. passed 3-9-1976; Ord. passed 9-14-1989; Ord. passed 9-14-1995; Ord. passed 12-14-1995; Res. 2016-01, passed 1-21-2016) Penalty, see § 155.999