§ 933.

EXEMPTIONS FROM HEIGHT LIMITS

The following features shall be exempt from the height limits established by this Article, subject to limitations indicated:

1. Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself (including chimneys, ventilators, cooling towers, water tanks, panels or devices for the collection of solar or wind energy and window washing equipment) and elevator, stair, and mechanical penthouses, and skylights. The horizontal areas of all the features listed in this paragraph shall not exceed 20% of the horizontal area of the roof above which they are situated. This exemption shall be limited to the top 10 feet of such features where the height limit is 65 feet or less, and the top 16 feet of such features where the height limit is more than 65 feet.

2. Enclosed space related to the recreational use of the roof, not to exceed 10 feet in height where the height limit is 65 feet or less or 16 feet in height where the height limit is more than 65 feet.

3. Additional building volume used to enclose or screen from view the features listed under Paragraph (1) above and to provide additional visual interest to the roof of the structure. The rooftop form created by the added volume shall not exceed 10 feet in height where the height limit is 65 feet or less or 16 feet where the height limit is more than 65 feet, measured as provided in Section 932, and may not exceed a total volume, including the volume of the features being enclosed, equal to three/fourths of the horizontal area of all upper tower roof areas of the building measured before the addition of any exempt features times 10 where the height limit is 65 feet or less or times 16 where the height limit is more than 65 feet.

4. In MB-R-1 and MB-R-2 Districts, an occupied dwelling unit, and in the MB-CI District, live/work units, not to exceed one half the square footage of the last full floor and located within a sloping roofline with a series of dormers, are permitted within the building volume permitted by Paragraph 3 to enclose and screen from mechanical equipment and appurtenances, elevator, stair and mechanical penthouses, and other features permitted by Paragraph (1) above.

5. Ornamental and symbolic features of public and religious buildings and structures, including towers, spires, cupolas, belfries and domes, where such features are not used for human occupancy.

6. Railings, parapets and catwalks, with a maximum height of four feet.

7. Open railings, catwalks and fire escapes required by law, wherever situated.

8. Unroofed recreation facilities with open fencing, including tennis and basketball courts at roof level, swimming pools with a maximum height of four feet and play equipment with a maximum height of 10 feet.

9. Unenclosed seating areas limited to tables, chairs and benches, and related wind screens, lattices and sunshades with a maximum height of 10 feet.

10. Landscaping, with a maximum height of four feet for all features other than plant materials.

11. Flag poles and flags, and weather vanes.

12. Cranes, scaffolding and batch plants erected temporarily at active construction sites.

History

(Added by Ord. 63-91, App. 2/27/91)

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