Chimneys, domes, spires, belfries, cupolas, antennas, water tanks, ventilators, or other similar necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy may exceed the maximum height requirement for the zoning district in which the property is located, subject to the following provisions:
(A) Maximum height permitted. The maximum height of such structure shall not exceed 40 feet in total height within any residential zoning district and shall not exceed 90 feet in total height within any other type of zoning district. Any greater overall height than those stated above shall be considered a conditional use and shall require approval by the Board of Zoning Appeals after public hearing.
(B) Required setback from residential lots. Structures and/or appurtenances granted an exception shall be set back a distance equal to or greater than its height from any boundary of a residential lot within a residential zoning district.
(C) Aircraft hazard prohibited. Structures and/or appurtenances shall not be granted an exception to the maximum height regulations where it is determined that a hazard will be created for the safe landing and takeoff of aircraft at an established airport or landing strip, as determined by applicable federal, state, and local agencies.
('80 Code, § 152.175) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999