§ 165.271 HEIGHT STANDARDS.
   This height standards section applies to the following zoning districts: PR; AG; IA; R1; R2; R3; UR; M1; M2; MP; UV; IS; NC; LC; GC; OC; CB; HC; EP; IC; I1; I2; and HI. The intent of the height standards is to ensure adequate fire and life-safety protection for taller structures, and to protect the health, safety and welfare of the residents in the zoning jurisdiction of the city. The following standards apply.
   (A)   Cross-reference. Telecommunication towers are not regulated by the height standards. See telecommunication facility standards (§ 165.290) for applicable height standards.
   (B)   Applicability. If a height standard does not appear on the layout for a zoning district, then a standard does not apply to that particular zoning district.
      (1)   Maximum structure height for a primary structure. The maximum structure height for a primary structure shall be per the layout for the applicable zoning district as found in §§ 165.085 through 165.108.
      (2)   Maximum structure height for an accessory structure. The maximum structure height for an accessory structure shall be per the layout for the applicable zoning district as found in §§ 165.085 through 165.108.
      (3)   Exceptions. When permitted, the following types of structures or features shall be exempt or partially exempt from the maximum structure height standards as described.
         (a)   Grain elevators and grain silos used for agricultural purposes may exceed the maximum structure height, but shall not exceed 100 feet in height.
         (b)   Barns used predominantly for agricultural purposes may exceed the maximum structure height, but shall not exceed 50 feet in height.
         (c)   Church steeples, bell towers and religious symbols may exceed the maximum structure height, but shall not exceed 200% of the height of the existing or proposed primary structure.
         (d)   Functional chimneys may exceed the maximum structure height, but shall not extend more than ten feet above the roof’s highest point, or as required by the Indiana Building Code.
         (e)   Awnings shall be constructed to allow clear passage beneath the awning. Specifically, no fabric, structural component, decorative element or the like shall be less than eight feet above the surface beneath the awning.
         (f)   Public utility structures and private water towers may exceed the maximum structure height, but shall not exceed 150 feet.
         (g)   Roof-mounted antennas that are not located on a front roof plane may exceed the maximum structure height, but shall not exceed five feet over the maximum structure height for a primary structure, per the applicable zoning district, or ten feet above the primary structure’s height, whichever is less.
         (h)   Lattice or pole type towers used for an antenna, when located in a rear yard, may exceed the maximum structure height, but shall not exceed 20 feet over the maximum structure height for a primary structure, per the applicable zoning district, or 30 feet above the primary structure’s height, whichever is less.
         (i)   Roof-mounted mechanical equipment, including elevator bulkheads, may exceed the maximum structure height, but shall not extend any more than 15 feet above the roof’s highest point; provided that it is architecturally integrated into the building’s features or is generally screened from view by an architectural enclosure, parapet or similar feature. Industrial uses shall be exempt from the integration and screening requirement.
         (j)   Flagpoles may exceed the maximum structure height, but shall not exceed 30 feet, or ten feet above the height of the primary structure’s height, whichever is greater.
         (k)   Ham radio towers shall be exempt from the maximum structure height if the ham radio tower is located on a lot owned by a ham radio operator that has a valid and active license from the Federal Communication Commission (FCC).
(Ord. 10-2010, passed - -2010, § 5.33)