Any structure, use or building hereafter established, erected or altered shall comply with the space limitations of the zone in which it is located except as specified in this Chapter. However, no exception listed in this Chapter shall allow a structure to exceed the height restriction of the airport hazard overlay zone.

The following appurtenances may exceed the prescribed height limit provided they are normally required for a use permitted in the zone in which they are erected or constructed: Flagpoles, chimneys, cooling towers, condensers, solar energy collectors and energy storage units, elevator bulkheads, belfries, silos, storage towers, observation towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and other necessary mechanical appurtenances and their protective housing. Provided however, such appurtenance may not appreciably shade a solar energy collector located on nearby property. Electrical transmission towers and lines, electronic transmission or receiving towers may exceed the height limit in any zone when approved as a conditional use as provided for in this Title.

Public and semi-public buildings and structures, such as hospitals, churches, sanitariums, schools, and water 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 additional foot of yard space on all sides for each foot by which such a building or structure exceeds the height limit of the zone in which it is located.

The required yard space for any building, structure or use shall be contained on the same development site and upon land falling in a zone or zones in which the building, structure or use is permitted. Any required yard space shall be open from the ground to the sky except as excepted by this Chapter. No required front yard shall be used for parking in a residential zone, except as specifically modified under the off-street parking provisions of this Title. Each development site having multiple street frontages shall have front yards adjacent to such frontages. Yards adjacent to inside lot lines leading from frontage lot lines, shall be side yards.

Detached accessory structures shall be set back a minimum of five feet from the rear or side lot line as measured to the wall line of the structure, however, no setback is required from an alley line but no part of a structure may project over an alley.

(Ord. No. 2703-2015, § 3, 8-3-2015)

Eaves and cornices may extend one foot into required yard space and additionally eaves may encroach three feet into a yard which is seven feet or more wide.

Chimneys, when not more than four feet wide may extend one foot into any required yard space. Chimneys in excess of four feet wide may extend two feet into any yard which is seven feet or more wide.

Open uncovered porches or terraces no higher than the floor level of the first floor above grade on the side of the building to which they are attached and in no event higher than 26 inches above grade of the lot on the side of the building where such a porch or terrace is located, may extend three feet into any required side yard or ten feet into a front yard or without limit into any rear yard. No railing or other barrier higher than 42 inches shall be placed around such porch or terrace in a front yard and no solid wall or barrier which blocks light or air shall be within five feet of any property line in any zone where yard spaces are required.

An air conditioning condenser may extend four feet into any required yard, provided such a condenser is no more than three feet high and not more than 30 cubic feet in bulk. Solar energy collectors and heat storage units of up to 200 square feet of collector surface area may extend on foot into any required yard and two feet into any yard of seven feet or more.

Unroofed balconies, when their width is not more than half the width of the building face, may project four feet into a required front yard or three feet into a required side yard. Unroofed balconies of any width may project four feet into a required rear yard.

Canopies, marquees or other over hands on any side of a conforming business building may extend four feet into a required yard space of seven feet or more or two feet into a yard of less than seven feet.

Signs mounted on conforming commercial or industrial buildings may project into a required front or rear yard according to the table of height projection ratios found in the Uniform Sign Code. Signs may project into a required side yard in a commercial or industrial district not more than 18 inches.

Fences or hedges located at intersections shall follow the provisions of Section 10A-57-15, Vision Clearance. However, fences such as chain link which are not site obscuring, may be allowed to the height of allowed front yard fences or hedges. Fences or hedges located at property lines or within a required yard shall not exceed four feet in any front yard or eight feet in any other yard. Hedges or continuous foliage shall fall under the fence rule if continuous for five feet or more. Not withstanding the above, fences or hedges may be mandated at a different height as a condition or granting a conditional use permit or variance.

Fences or hedges falling within a portion of the development site on which a principal building, but not an accessory structure, may be built or grown to the height limits specified for principal buildings in that zone.

The height of fences, hedges and other continuous foliage shall be measured from the top of the adjacent street curb, surface of alley or the official grade thereof. On inside lot lines height shall be measured from the average grade of the lot line of the parcel having the lower elevation at the location of the fence, hedge or wall.

1.

A barbed-wire fence along a sidewalk or public way or in residential districts of the City shall not be permitted.

2.

Barbed-wire may be placed on the top of fences to prevent access to enclosed hazardous areas or facilities and provided further that barbed-wire may be placed on tops of fences in commercial and/or industrial zones of the City with an administrative variance, but under no circumstances shall barbed-wire be less than 75 inches from the ground, and the same shall not overhang the sidewalk, public way, and/or abutting land owner's property.

3.

A barbed-wire topped security fence shall be erected around outdoor facilities that store empty bins and pallets as prescribed in Chapter Four, Section 5-4 of the City Code.

Electrically charged fences are prohibited, However, an electric fence may be temporarily authorized by the Hearing Officer through a temporary use permit. A temporary use permit for installation of an electric fence shall only be authorized under the following conditions:

1.

The fence shall be electrically charged no more than seven days in any calendar year for any particular location;

2.

The fence shall be installed in such a location that said fence does not abut any sidewalks, streets, or other publicly owned rights-of-way;

3.

The fence shall be installed in such a location that the fence does not abut any adjoining property;

4.

Electrically charged fences shall be erected only in public facility zoned properties.

No portion of any building or structure may project into or over a public right-of-way except that signs in the C-3, Central Commercial Zone, may project as provided by the Uniform Sine Code, and marquees and awnings may project as provided in the Uniform building Code. Projection of signs over right-of-way in any other zone shall only be by motion of the City Council.

No structure shall be erected, altered, or maintained, and no natural object shall be allowed to grow to a height in excess of the applicable height limit herein established for each of the airport imaginary surfaces as follows.

1.

Instrument approach imaginary surface (Runway 14/32). Slopes 34 feet outward for each foot upward (34:1) beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

2.

Transitional zones imaginary surface. Slopes seven feet outward for each foot upward 7:1 beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet and above the airport elevation which is 2,189 feet above mean sea level. In addition to the forgoing, there are established height limits sloping seven feet outward for each foot upward (7:1) beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface.

3.

Horizontal zone imaginary surface. Established at 150 feet above the airport elevation or at a height of 2339 feet above mean sea level.

4.

Conical zone imaginary surface. Slopes 20 feet outward for each foot upward (20:1) for 4,000 feet beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

No use may be made of land or water which falls beneath the boundaries of the airport imaginary surfaces established by this Section in such a manner as to create electrical interferences with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others; nor shall any use within the approach and transition zones result in glare in the eyes of pilots, impair visibility, create bird strike hazards, or otherwise, in any way, endanger or interfere with landing, takeoff or maneuvering of aircraft.