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1.0B <br />ACKGROUND <br />18 <br />Over the course of the past year and a half the Planning Division has reviewed <br />19 <br />areas of the Zoning Ordinance for sections that are unclear and ambiguous. In the <br />20 <br />case of this request, the ambiguity lies with not being able to definitively <br />21 <br />determine whether a structure is exempt or not from height limitations or <br />22 <br />requirements. <br />23 <br />Section 1011.07 Height Exemptions in all Districts, includes a list of specific <br />24 <br />structures that are exempt from maximum height requirements within each zoning <br />25 <br />district, however, this list is not inclusive and the Planning Division seeks to <br />26 <br />include additional structures and desires to amend the language to afford the <br />27 <br />Community Development Department the ability to determine whether a specific <br />28 <br />structure is similar. The Code section reads as follows: <br />29 <br />1011.07 Height Exemptions in All Districts: <br />30 <br />A. The building and structure height limitations established for each zoning <br />31 <br />district shall apply to all buildings and structures, except that the following <br />32 <br />shall be exempt from said height limitation: <br />33 <br />1.Church spires <br />34 <br />2.Belfries <br />35 <br />3.Cupolas and domes which do not contain usable space <br />36 <br />4.Monuments <br />37 <br />5.Water towers <br />38 <br />6.Fire and hose towers <br />39 <br />7.Observation towers <br />40 <br />8.Flagpoles <br />41 <br />9.Electrical transmission towers <br />42 <br />10.Chimneys <br />43 <br />11.Smokestacks <br />44 <br />12.Parapet walls extending not more than 3 feet above the limiting height of the <br />45 <br />building <br />46 <br />13.Cooling towers <br />47 <br />14.Grain elevators <br />48 <br />15.Elevator penthouses <br />49 <br />Exception: <br />B.If, in the opinion of the Community Development Department, <br />50 <br />such structure would adversely affect adjacent property, such greater height <br />51 <br />shall not be authorized except by the City Council pursuant to the appeals <br />52 <br />procedure established in Section 1009.08. <br />53 <br />The heart of the Planning Division’s concern or issue is regarding two existing <br />54 <br />properties where such industrial silos reside and which the Code does not <br />55 <br />currently support. The property at eight silos that contain various products used <br />56 <br />in the production process, which the property at 2500 County Road C includes <br />57 <br />two silos. <br />58 <br />Amdt11_RCA_052013.doc <br />Page 2 of 4 <br /> <br />