(A) General purpose. The purpose of this section is to provide uniform measures for interpretation and enforcement of this code.
(B) Setback regulations. This section establishes setback standards to ensure the provision of open areas for access to and around structures, maintain natural light and ventilation for individual properties, separation of incompatible land uses, and space for landscaping, privacy, traffic safety, and visibility.
(1) Setback requirements. All structures shall conform to the setback requirements as provided within this chapter, unless otherwise provided in division (B)(3) below.
(2) Setback measurement. Setbacks shall be measured as follows:
(a) Front setback. The front setback shall be measured at right angles from the nearest point on the front property line to the nearest wall of the structure.
(b) Side and street side setback. The side and street side setbacks shall be measured at right angles from the nearest point on the side property line to the nearest wall of the structure, establishing a setback line parallel to the side property line, that extends between the front and rear yards.
(c) Rear setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest wall of the structure, establishing a setback line parallel to the rear property line that extends between the side yards.
(3) Setback encroachment. Every part of a required yard shall be unobstructed from ground level to the sky, except as follows:
(a) Setback restrictions do not apply to: slabs, uncovered patios, walks, steps, fences, hedges, or freestanding walls. Freestanding walls are subject to any sight triangle regulations; or
(b) Certain architectural features and improvements may encroach into required setbacks as follows:
1. Ordinary projections of window sills, cornices, eaves and other ornamental features may project a distance not exceeding two feet into any required yard.
2. Patio covers and ornamental features may project into any required side yard, provided such features shall be a minimum of three feet from any lot or setback line whichever is most restrictive.
3. Air conditioning units, pool pumps or similar mechanical equipment may project into any required side yard, provided such features shall be a distance of at least three feet from any lot line or setback line whichever is most restrictive. Any mechanical equipment located in a required side yard, based on the minimum requirements above, should be placed within a side yard with no gate access to front yard.
4. Vestibules, bay windows, nooks, chimneys or similar wall projections with or without footings may encroach not more than three feet into any required front or rear yard and not more than three feet into any required side yard, provided the aggregate width of all such projections adjacent to any yard does not exceed ten feet.
5. Uncovered open decks, patios and terraces less than 30 inches in height may encroach into any required yard by not more than three feet.
(C) Height regulations. This section establishes height standards to promote compatible transitions between differing land uses, ensure adequate light and air to individual properties, and to accommodate equipment height capabilities, and good design.
(1) Maximum height. All structures and appurtenances shall conform to the height requirements as provided within this chapter, unless otherwise provided in division (C)(3) below.
(2) Height measurement. The maximum allowable height shall be measured as follows:
(a) The vertical distance measured from the average finished grade at the perimeter of the base of a building and/or structure to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof.
(b) For lots with slopes of 5% or more, the height of a building and/or structure is measured as the vertical distance from the bottom of the floor slab or joists to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof.
(3) Height exceptions for appurtenances. Notwithstanding specific regulations provided elsewhere in this chapter, the following appurtenances are permitted to exceed the height limits within any district where the use is allowed, subject to the following requirements:
(a) Parapet walls or cornices may extend to a maximum of three feet above the building height limit;
(b) Private communication, radio and television antennas, or satellite dishes attached to principal structure may only extend five feet above the allowed maximum height of the base zoning district;
(c) Cupolas, chimneys may project up to five feet above the allowed maximum height of the underlying base zoning district or as required to meet applicable building code requirements;
(d) Heating and ventilation equipment and all other mechanical equipment may extend up to five feet above the maximum height limit provided the equipment complies with screening requirements set forth in § 152.057;
(e) Church spires or belfries may be up to 25% or ten feet greater than the maximum allowed height provided they are designed without provision for occupancy and plans receive prior approval of the city;
(f) Flagpoles and alternative energy generating systems in residential zoning districts may extend to a maximum of ten feet above the allowed maximum height of the underlying base zoning district, and in commercial and industrial zoning districts they may extend as high as permitted by the flagpole manufacturer, upon approval by the city;
(g) Wind generating systems and solar panels attached to a building may extend up to five feet above the allowed maximum height of the underlying base zoning district;
(h) Commercial telecommunication and cell tower facilities shall be developed in accordance with the provisions of § 152.045(CC), but the support structure and antennae shall not exceed 90 feet; and
(i) No appurtenances shall be constructed for the purpose of providing additional floor area in the building.
(D) Limited Modifications to Requirements. Where, in the opinion of the Director, and as approved by City Council, there exists extraordinary conditions of topography, rock outcroppings, soil conditions, land ownership, adjacent development, or other circumstances not provided for in these regulations, City Council may modify the provisions of this Code in such a manner, and to such extent as it may deem appropriate to the public interest. The burden of proof for City Council determination of a modification rests with the applicant. The written request for modification shall be made to the City and shall be submitted to the Planning and Zoning Commission and City Council after said modifications have been sufficiently reviewed by the Site Plan Review Committee. A recommendation of said modification(s) by the Planning and Zoning Commission shall then be sent to City Council for a final decision. Modifications are specific to each case and do not set a precedent due to the extraordinary and specific circumstances involved with each case.
(1) In modifying the standards and/or requirements of these provisions, as outlined above, City Council may make such additional requirements as deemed necessary to be in the best interest of the public, and without creating an undue hardship upon the applicant, to secure substantially the objectives and general intent of the standards or requirements so modified.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)