§ 261.

ADDITIONAL HEIGHT LIMITS APPLICABLE TO CERTAIN USE DISTRICTS

a.

General. Notwithstanding any other height limit established by this Article 2.5 to the contrary, the height of dwellings in certain use districts established by Article 2 of this Code shall be further limited by this Section 261. The measurement of such height shall be as prescribed by Section 260.

b.

Height Limits Applicable to the Entire Property.

1.

No portion of a dwelling in any RH-1(D), RH-1 or RH-1(S) District shall exceed a height of 35 feet, except that:

A.

The permitted height shall be increased to 40 feet, as measured at curb per Section 102.12, where the average ground elevation at the rear line of the lot is higher by 20 or more feet than at the front line thereof;

B.

The permitted height shall be reduced to 30 feet where the average ground elevation at the rear line of the lot is lower by 20 or more feet than at the front line thereof; and

C.

The permitted height shall be reduced to 25 feet where the average ground elevation at the rear line of the lot is lower by 40 or more feet than at the front line thereof.

2.

No portion of a dwelling in any RH-2 District shall exceed a height of 40 feet, except that the permitted height shall be reduced to 35 feet where the average ground elevation at the rear line of the lot is lower by 20 or more feet than at the front line thereof.

c.

Height Limits Applicable to Front Portion of the Property. Except in cases where the average ground elevation at the rear line of the lot is higher by 20 or more feet than at the front line thereof, the following additional height limits shall apply to the front portion of properties containing dwellings in all RH-1(D), RH-1, RH-1(S) and RH-2 Districts:

1.

Basic Requirement. The height limit shall be 30 feet at the front lot line or, where the lot is subject to a legislated setback line or required front setback as described in Section 131 or Section 132 of this Code, then at such setback; and shall increase at an angle of 45 degrees from the horizontal toward the rear of the lot until the height limit prescribed by Subsection (b) above is reached.

2.

Increase Based Upon Conditions on Adjacent Lots. At the front wall of the building, and at every vertical cross-section of the building, parallel to the front lot line, to which the limit prescribed by Paragraph (c)(1) above is applicable, said limit shall be increased to the average of the heights of the two adjacent buildings measured in the same vertical plane; or, if there is only one adjacent building, then to the height of the one adjacent building measured in the same vertical plane. For purposes of this provision, an adjacent building shall mean a building on a lot adjoining the subject lot along a side lot line.

AMENDMENT HISTORY

History

(Amended by Ord. 443-78, App. 10/6/78; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

Division (b)(1)(A) amended; Ord. 56-13 , Eff. 4/27/2013.

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