§ 156.102  HEIGHT AND SIZE OF BUILDINGS AND/OR STRUCTURES.
   (A)   Principal buildings.
      (1)   No building or structure shall hereafter be erected, altered, or moved so as to exceed 35 feet in height, except that buildings located in special flood hazard areas shall not exceed 40 feet in height, unless otherwise permitted by alternate zoning or the Building Height Plan Map of the town, which is adopted by reference and made a part of this chapter, including any amendments thereto, now or in the future.
      (2)   Height shall be measured vertically from the highest point on a structure to the ground level of the grade where the walls or other structural elements intersect the ground, unless otherwise specified in this chapter. Unless necessary to meet drainage or other applicable requirements of this Code, lots shall not be filled in order to artificially increase building height.
      (3)   Exceptions.
         (a)   Purpose and intent. The purpose and intent of this provision is to allow a certain category of features to exceed the maximum height limitation for buildings and/or structures that would otherwise be unreasonably restrictive. Such features shall not accommodate human occupancy and shall be the minimum necessary to achieve a specified purpose.
         (b)   The height limitations of this section shall not apply to the following specific listing and any like-kind elements comporting with division (a) above: any chimney or antenna on a building; church spires or the sanctuary portion of a church building; belfries, cupolas, and domes not intended for human occupancy; transmission or telecommunications towers; smokestacks; aerials; the judicious application of portions of a building containing or shielding from view electrical or mechanical equipment; elevator penthouses; masts; and construction cranes or ships; or to other similar elements such as decorative railings. Any areas intended for human occupancy, such as but not limited to, rooftop decks, pergolas and the like may not exceed the height limitations of this section, unless otherwise specified in this chapter.
   (B)   Accessory use buildings.  Buildings allowed as accessory uses, as defined in § 156.110, shall be restricted to the height limitations set forth in § 156.111.
('81 Code, § 155.82) (Ord. passed 8-13-79; Am. Ord. passed 6-9-92; Am. Ord. 96051, passed 11-12-96; Am. Ord. 99012, passed 4-21-99; Am. Ord. 2024, passed 6-11-02; Am. Ord. 06015, passed 5-15-06; Am. Ord. 08002, passed 2-12-08; Am. Ord. 08062, passed 11-11-08; Am. Ord. 09043, passed 7-14-09; Am. Ord. 09056, passed 8-12-09; Am. Ord. 09044, passed 9-9-09; Am. Ord. 14047, passed 8-12-14; Am. Ord. 19066, passed 11-13-19)  Penalty, see § 156.034