(A) Structures permitted above height limits.
(1) Except as otherwise prohibited by the UDO, a district’s height limitations shall not apply to the following uses, provided the structures meet the required State Building Code, however, features, appurtenances or structures shall not be higher than Federal Aviation Agency (FAA) standards for airport approach clear zones.
(a) Architectural features and mechanical appurtenances such as church spires, belfries, cupolas, domes, antennas, ventilators or chimneys which occupy no greater than 5% of the total area of a building; and
(b) Monuments, water towers, observation towers, power transmission towers, silos, grain elevators, smokestacks, derricks, conveyors, flag poles, radio, television and communication towers, masts, aerials and similar structures.
(2) If applicable, documentation shall be provided by the applicant noting compliance with all FAA standards particularly for construction or alteration of structures that might interfere with aviation operations and that the construction or alteration meet lighting and marking criteria per FAA.
(B) Prevailing front yard setback. Where 50% or more of the lots in a recorded subdivision on the same side of the street as the lot in question are developed with less than the required front yard setbacks, the average setback of the two principal buildings nearest that lot shall be observed as the required minimum setback.
(C) Encroachments into required setbacks.
(1) Encroachments permitted in required setback. The following are permitted in required setbacks, provided there is no interference with any sight area, as defined in Chapter 163:
(a) Landscaping features, including, but not limited to, planted buffer yards, hedges, fences, walls, ornamental water features, planting boxes, sculpture, arbors, trellises and birdbaths;
(b) At grade patios, play equipment or outdoor furniture, ornamental entry columns and gates, flag poles, lamp posts, address posts, mailboxes, outdoor fire places, public utility wires and poles, pumps or wells;
(c) HVAC/mechanical equipment;
(d) Fences and retaining walls;
(e) Handicapped ramps; and
(f) Water-dependent structures (i.e., boat ramps, docks and the like).
(2) Structures permitted in required setbacks. The following structures may encroach into required setbacks, as follows:
(a) Cornices, overhanging eaves, window sills and gutters may project not more than two feet into any required setback, and shall not be closer than three feet to any property line;
(b) Balconies, bay windows, chimneys and fireplaces, steps, fire escapes, fire balconies and fire towers or similar architectural features, may project not more than three feet into any required setback, and shall not be closer than three feet to any property line;
(c) Porches, patios and decks may encroach into the required front, side and rear setbacks only as noted in Table 155-1:
(d) Canopy projections: gas station and convenience store pump island canopies may be located in the front setback provided that no equipment or part of a canopy is located closer than 12 feet to a street right-of-way.
(D) Easement and right-of-way encroachments.
(1) Drainage maintenance and utility easements. Water-related improvements, such as boat docks, may be placed or constructed within drainage maintenance and utility easements with the approval of the utility provider having jurisdiction over the easement.
(2) Public street rights-of-way. No structure or landscaping plantings may be placed within a public street right-of-way without the express approval of the public entity having jurisdiction over the right-of-way.
(E) Setbacks from thoroughfares. Where proposed street alignments have been established, in accordance with an adopted Thoroughfare Plan, or city adopted small area plan or city resolution, building setbacks shall be measured from the future right-of-way line of the proposed street.
(F) Setbacks from private streets. Building setbacks from approved private streets shall be the same distance as specified in Table 155-9, but shall be measured from the private street right-of-way, private street easement or the boundary line of the common area reserved for the private street.
(G) Setbacks on flag lots. The “flagpole” portion of this type of lot shall not be used to calculate building setbacks.
(H) Setbacks where no rights-of-way exist. In situations where no street right-of-way exists, the setback from the street shall be calculated by adding 30 feet to the applicable front yard setback required in Table 155-9.
(I) Visibility at intersections. A building, structure, wall, fence, shrub or tree shall not be erected, maintained or planted on any lot which would obstruct the horizontal or vertical sight distance area as defined in Chapter 163.
(Ord. passed 7-25-2011)