4-6.1

Structures permitted above height limits. Except as otherwise prohibited by the airport overlay district, the height limitations of this Ordinance shall not apply to public buildings, church spires, belfries, cupolas and domes not intended for residential purposes, or to monuments, water towers, observation towers, power transmission towers, silos, grain elevators, chimneys, smokestacks, derricks, conveyors, flag poles, radio, television and communication towers, masts, aerials and similar structures, provided such structures meet the required state building Code.

4-6.2

Prevailing street setback. Where 50 percent or more of the lots on the same side of the block as the lot in question are developed with less than the required street setbacks, the average setback of the two principal buildings nearest that lot shall be observed as the required minimum setback.

4-6.3

Encroachments into required setbacks. See Figure 4-F.

(A)

Encroachments permitted in required setback. The following are permitted in required setbacks provided there is no interference with any sight area:

1)

Landscaping features, including but not limited to, ornamental pools, planting boxes, sculpture, arbors, trellises, and birdbaths;

2)

Pet shelters, at grade patios, play equipment or outdoor furniture, ornamental entry columns and gates, flag poles, lamp posts, address posts, HVAC equipment, mailboxes, outdoor fire places, public utility wires and poles, pumps or wells, and fences or retaining walls subject to the requirements of article VI (Development standards);

3)

Handicapped ramps; and

4)

Gatehouses/guardhouse and bus shelter.

(B)

Structures permitted in required setbacks. The following structures may encroach into any required setback:

1)

Cornices, steps, overhanging eaves and gutters, window sills, bay windows or similar architectural features, chimneys and fireplaces, fire escapes, fire balconies, and fire towers may project not more than two and one-half feet into any required setback, but in no case shall be closer than three feet to any property line; and

2)

Porches may encroach into the required front and rear setbacks as follows:

(C)

Permitted projections. Canopies, awnings, and marquees or similar covers attached to a building in the GB districts may project into the street right-of-way provided that:

1)

No portion of the cover is located closer to the face of the street curb than a horizontal distance of three feet;

2)

No portion of the cover or sign hanging below the cover is less than nine feet above the grade; and

3)

No cover requiring vertical support to the sidewalk is located over a sidewalk with a total width of less than eight feet.

(D)

Canopy projections. Gas station and convenience store pump canopies may be located in the street setback provided that no equipment or part of a canopy is located closer than 15 feet to a street right-of-way line.

4-6.4

Easement encroachments.

(A)

Utility easements. In addition to the lines, boxes, structures, and substation buildings for which utility easements are intended, fences without foundations may be located within utility easements. (Note: Prior to fence construction the property owner should contact ULOCO.)

(B)

Drainage maintenance and utility easements. Water-related improvements, such as boat docks, may be placed or constructed within drainage maintenance and utility easements

(C)

Water quality conservation easements. Water-related improvements, such as boat docks and soil erosion and sedimentation control structures, may be placed or constructed within water quality conservation easements.

4-6.5

Setbacks from thoroughfares. Where proposed street alignments have been established, building setbacks shall be measured from the future right-of-way line or centerline of the proposed street.

(Ord. of 4-9-2007(1))