(A) No person, firm or corporation shall build any structure in any single-family, two-family, or rural residential zone in the city without complying with all of the provisions of this section.
(B) No person, firm or corporation shall build or place any structure taller than the height set forth in the applicable zoning district, unless the structure comes within the exceptions set forth in division (C) below.
(C) An applicant must obtain approval from the Planning Commission for a building higher than the limitation set forth in division (B) above, where the applicant can show any one of the following conditions.
(1) There is an existing principal residence building on an adjacent lot and the roof of the building will not be shaded by the building for more than one hour in any day at any time of the year, except one hour after sunrise and one hour before sunset.
(2) There is an adjacent lot with no principal residence building and the proposed building will not shade any part of the lot on which the building is permitted by law and by applicable restrictions on the real estate, at a height of 18 feet, for more than one hour in any day at any time of the year, except one hour after sunrise and one hour before sunset.
(3) The adjacent lot is zoned for commercial or industrial purposes and is not in use for residential purposes.
(D) New subdivisions may be designed with innovative ways of preventing shading of residential buildings. Any design will be deemed to comply with the requirements of this section if that design results in no roof of any residence building being shaded for more than one hour in any day at any time of year, except one hour after sunrise and one hour before sunset.
(Prior Code, § 1286.01) (Ord. passed 11-12-2009)