§ 156.403 EXCEPTIONS TO HEIGHT AND SETBACK REGULATIONS.
   (A)   Height limitations.
      (1)   The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observations towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts aerials, and similar structures.
      (2)   Secondary height. As allowed in § 156.302 – Zoning Districts – Intent and Dimensional Requirements, maximum building height may vary between the primary and secondary height limitations, provided that:
         (a)   For each two feet the building exceeds the primary height limitation, the front and each side setback shall be increased by one foot, or fraction thereof.
         (b)   No building shall exceed the secondary height limitation established in the zoning district.
   (B)   Front yard setbacks for dwellings. The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on each side of the proposed dwelling within the same block and zoning district and fronting on the same side of the street is less than the minimum required front yard depth. In such case, the setback on such lots may be less than the required setback, but not less than the average of the existing on the aforementioned lots, or within ten feet of the street right-or-way line, whichever is greater.
   (C)   When no side setback is required. In cases where no side yard is required, if a side yard is provided it must be at least four feet in width to allow for maintenance, cleaning, and the like.
(Res. 2022-23, passed 8-1-2022)