Elk Horn City Zoning Code

Any building hereafter erected or altered shall comply with the height limitations of the zone in which it is located except as specified below. However, no exception listed below shall exceed the height restrictions of an aircraft approach and turning zone.

1. 17.1.1
   Height Exceptions, Appurtenances. The following appurtenances may exceed the prescribed height limit except when they would violate the height restrictions of an aircraft approach and turning zone provided they are normally required for a use permitted in the zone in which they are erected or constructed: flagpoles, chimneys, cooling towers, elevator bulkheads, belfries, penthouses for other than living purposes, grain elevators, stacks, silos, storage towers, observation towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and other necessary mechanical appurtenances and their protective housing provided, however, that any of the above except flagpoles and chimneys when located in any zone with a height limit of forty feet (40’) or less, shall be allowed only upon finding of the Board that such appurtenances will not be unduly detrimental to the surrounding property.
2. 17.1.2
   Height Exceptions, Electronic Towers. Radio, television, microwave and other electronic transmission or receiving towers in excess of height limits may be allowed in any zone as a conditional use, upon a finding by the Board that topographic or other physical considerations make it necessary that they be located outside of a zone where they are permitted as a matter of right and that the proposed tower or towers will not be unduly detrimental to surrounding property. Exceptions to height restrictions shall not be granted in cases where they would violate height restrictions of an airport approach and turning zone.
3. 17.1.3
   Height Exceptions, Public and Semi-Public Buildings. Public and semi-public buildings and structures such as hospitals, churches, sanitariums, schools and water reservoir towers may exceed the height limits of the zone in which they are located provided that such buildings and structures shall provide at least one (1) additional foot of yard space on each side for each additional foot that such building or structure exceeds the specified height limit of the zone in which it is located and further provided that a finding is made by the Board that such additional height will not be materially detrimental to surrounding property.

Effective on: 1/1/1901

Any building, structure or use hereafter erected, altered or established shall comply with the yard space requirements of the zone in which it is located, except as specified below. The required yard space for any building, structure or use and such required yard space shall fall entirely upon land in a zone or zones in which the principal use is permitted. Any required yard space shall be open from thirty inches (30”) above the ground to the sky, except as specified herein.

1. 17.2.1
   Yard Space Encroachments, Eaves. Eaves, cornices and similar features may extend one (1) foot into a required yard space, except that eaves may encroach three (3) feet into a yard space when such yard space is ten (10) feet or more in width.
2. 17.2.2
   Yard Space Encroachments, Chimneys. Chimneys when not more than four (4) feet wide, may extend one (1) foot into any required yard space. Chimneys in excess of four (4) wide may extend two (2) feet into any yard space, when such yard is ten (10) feet or more in width, but shall not encroach upon a yard space of lesser width.
3. 17.2.3
   Yard Space Encroachments, Porches and Terraces. Open, uncovered porches or terraces no higher than the first floor above grade on the side of the building to which they are appurtenant and in no event higher than thirty (30) inches above grade of the lot on the side of the building where such porch or terrace is located, may extend into any required side yard. No railing or other barrier higher than thirty-six inches (36”) shall be placed around such porch or terrace and no such barrier which interferes appreciably with the passage of light or air shall be within five (5) feet of any property line, except as otherwise provided in this article. Any such porch or terrace when located on a lot at the intersection of two streets or a street and an alley shall comply with the provisions designed to insure proper sight distances as set forth in this chapter for fences and hedges. Any side yard on a corner lot when such yard is twenty (20) feet or more in width may be considered as a front yard for the purposes of determining permitted encroachments.
4. 17.2.4
   Yard Space Encroachments, Rear Yard. Accessory buildings shall be permitted to occupy a required rear yard with the following restrictions:

   1. A.
      Distance from Street and Height. No such accessory building shall be greater than fifteen (15) feet in height, nor be closer than twenty (20) feet from any street line.
   2. B.
      Distance from Inside Lot Line. An accessory building may be constructed within two (2) feet of an inside lot line when the entire structure is within forty (40) feet of the rear property line, or on the rear half of a lot if the adjacent lot is built upon and the accessory building will be entirely to the rear of the line of any principal building on the said neighboring lot.
   3. C.
      Party Walls. Adjoining property owners may construct accessory buildings with party walls in lieu of the two (2) foot side yard, but in compliance with the general location rules of 17.242 above, provided such walls conform with the requirements of the building code, if so adopted, and a finding is made by the Board that such party wall development will be appropriate to topographic conditions and in harmony with the character of development of the neighborhood.
5. 17.2.5
   Yard Space Encroachments, Canopies. Canopies and overhangs on any side of a business building may extend four (4) feet into a required yard space. Signs mounted on the face of any such canopy or overhang shall not exceed eight (8) inches in height in any zone in which flat wall signs are specified. Canopies and awnings on a residential building may extend four (4) feet into any required side yard or seven (7) feet into any required front or rear yard when they are attached to and supported entirely by or from a wall of the building.
6. 17.2.6
   Yard Space Exception, Steep Slopes. Automobile storage garages may be allowed within a required front or side yard when such garage will be entirely below the grade of the lot and after a finding by the Board that topographic conditions make such a location necessary, that such orientation will not create a hazard to automobile or pedestrian traffic in the street, and that such orientation will be in harmony with the character of development of the neighborhood.

Effective on: 1/1/1901

A single-family dwelling may be built on any platted lot of record containing seventy-five percent (75%) of the required lot area for the district in which the lot is located if said lot was in separate ownership and separate control at the effective date of these regulations, provided the front, side and rear yard requirements for the district in which the lot is located are met and provided dwellings are permitted in the district in which the lot of record is located. It is not the intention of this exception to allow building as a matter of right on a platted parcel which was never intended as a building site, but rather was numbered on a plat for identification purposes under a scheme in which multiple lots were intended to provide one (1) building site. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of these regulations, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this article, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by these regulations, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in these regulations.

Effective on: 1/1/1901

Except in zones allowing the construction of buildings to the property line, there shall be provided an unobstructed view across the triangle formed by joining points measured twenty (20) feet distance along the property line from the intersection of two (2) streets or fifteen (15) feet along both the street and alley line from the intersection of a street and an alley. Within said triangle there shall be no sight obscuring or partly obscuring wall, fence or foliage higher than thirty (30) inches above curb grade or in the case of trees, foliage lower than five (5) feet. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest side of the triangle or if no curb exists, from the edge of the nearest traveled way.

1. 17.4.1
   Fences and Hedges, Other Than Corner. On portions of a lot not covered by street or alley intersection restrictions, the height of fences or structures of any length, and foliage continuous for five (5) feet or more, shall be limited to forty- two (42) inches on any street line and the front fifty (50) feet of any side lot line. On all other portions of lot lines, fences, hedges and continuous foliage barriers may not exceed a height of eighty (80) inches.
2. 17.4.2
   Fences and Hedges, Within Building Lines. Fences, structures and hedges erected within a portion of a zoning lot on which a principal building, but not an accessory building, may be erected, may conform with height limits of buildings which may be erected on such lot, but shall be subject to any building code provisions, if so adopted, which may be applicable for buildings.
3. 17.4.3
   Fences and Hedges, Measurement Rule. Heights of fences, structures, hedges and other continuous foliage shall be measured from the adjacent top of the street curb, surface of an alley or the official established grade thereof whichever is the higher. On inside lot lines the measurement shall be from the average grade thereof, whichever is higher.
4. 17.4.4
   Fences and Hedges, Exception, Board of Adjustment. The Board may approve, or may direct as a condition for granting an appeal, that fences or plantings of a height in excess of these regulations be placed as shielding between different uses, or between like uses upon agreement between the parties affected thereby, provided that no such approval shall have the effect of reducing corner visibility as provided for herein.

Effective on: 1/1/1901