108-7-5 Building Or Structure Height Requirements

a. Measuring height. For the purpose of determining "height of building," as defined in section 1011-7, the following shall apply: a. Average elevation. Average elevation shall be determined by averaging the highest elevation and the lowest elevation at the exterior footprint of the building or structure, including any support posts that require a footing. An alternative means of calculating average elevation may be approved by the planning director for an individual building if it follows industry best practices and is proposed by a licensed surveyor, engineer, or architect. b. Fill affecting building height. Except as provided in this subsection, when grading a site to obtain the finished grade, as defined in section 101-1-7, no fill may exceed five vertical feet at any point from the site's natural grade, as also defined in section 101-1-7. 1. Additional fill is allowed if required by city, state, or federal law, or to meet the standards of the National Flood Insurance Program. In this case the fill shall be no higher than the minimum of the other regulation or standard; or a. If the building or structure is within 75 feet of a public or private street upon which its lot or parcel has frontage, fill is allowed that will provide an average elevation of finished grade that is equal to the elevation of the street. In this case, the street's elevation shall be determined to be at the midpoint of the lot's front lot line. If on a corner lot the elevation of both streets at the midpoint of each lot line shall be averaged. b. This subsection shall not apply to normal agricultural grading, irrigation improvements, soil conservation work, drainage improvements, or other accepted agricultural land management practices that do not involve residential or commercial building pads. c. Driveway slope. The slope of a driveway shall not exceed 15 percent. The planning director may modify the applicability of this if it can be demonstrated that there is no other reasonable configuration of a driveway to avoid slopes over 15 percent. d. Site plan submittal requirements. A site plan shall contain both existing and proposed topographic contours at two foot intervals for the entire limits of disturbance, unless more is required by another section of this Land Use Code or by the planning director or city engineer for the purpose of determining compliance with other laws or standards. Grading that is proposed across lot or parcel lines shall require the consent of all affected owners. Building elevation drawings shall display natural grade and finished grade, and shall present the finished grade's elevation at each corner of the building. This requirement may be waived by the planning director or city engineer for sites that are relatively flat, or if evidence is presented that clearly show the proposed structures will not exceed the maximum height of the zone. b. Roof structure height exception. Steeples and flagpoles are permitted up to 15’ higher than the maximum height of the zone. Screening and Roof structures for the housing of elevators, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, cupolas, solar panels, chimneys, wireless or television masts, or similar structures may be erected above the height limit of the zone in which they are located, but no space above the height limit shall be allowed for the purpose of providing additional floor space, and at no time shall the height be greater than 6 feet higher than the maximum height of the zone. Design review shall apply only to exterior screening of mechanical equipment where visible from a public street or adjacent residential use and shall not apply to agricultural structures, solar energy systems, silos, water tanks, or other functional infrastructure unless specifically required elsewhere in this code. c. Air traffic height conflicts. If in proximity to an airport, no building or structure or other appurtenance is permitted above the maximum height allowed by the Federal Aviation Administration, or other applicable airport or airspace regulation. d. Minimum height of a dwelling. No dwelling shall be constructed below finished grade in a manner that creates health or safety risks. This provision shall not prohibit single-story dwellings, accessible design, alternative construction methods, or agricultural or rural housing types otherwise permitted by this code.