§ 42-37. Height regulations.
(a)
Maximum height restricted. In any district, no building or structure shall hereafter be erected or structurally altered to a height in excess of that hereinafter specified by the regulations for that district.
(b)
Exceptions. The following shall be excepted from the height regulations of a district; however, the height of any such structure shall not exceed two times the distance from the nearest lot line.
(1)
Chimneys and flues.
(2)
Agricultural buildings used solely for agricultural purposes, but not to exceed 85 feet in height, and then, on farms of 20 acres or more in area only.
(3)
Cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, radio, television and/or communication towers, masts, radio and television receiving antennas, windmill towers and necessary mechanical appurtenances.
(4)
The maximum height of a single story accessory building in any agricultural or residential district may exceed the allowable accessory building height of the district, when the height is increased to allow conformity with the roof pitch of the primary residence, as determined appropriate by the plan commission and town board, provided unique or unusual conditions exist that make full compliance with applicable accessory building height restrictions unreasonably burdensome and where the increase in height sought is otherwise consistent with the purpose and intent of the accessory building height restriction of promoting the health, safety and general welfare of the citizens by facilitating the achievement of an attractive and harmonious community, protecting and enhancing property values, and encouraging the appropriate use and orderly development of land.
(c)
Increase permitted. The maximum height of any building or structure may be increased by not more than ten feet, providing all required offset and setbacks are increased by two feet for each one foot when such building exceeds the height limit of the district in which it is located. Any increase in height of any building or structure, as provided in this section, must be approved by the town plan commission and town board. The town can require screening/landscaping to break up the view of adjacent properties or from the street.
(Ord. of 10-24-2017, § 13-2-11)
Editor's note
Former subsection 42-37(b)(4) was created by Ord. of 10-11-2013.