§ 17.40.060. Height Requirements and Exceptions

A.

Purpose. This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Zoning Code, and exceptions to those height limits.

B.

Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Article 2 (Zoning Districts and Allowable Land Uses), other provisions of this Article, Article 5 (Standards for Specific Land Uses), or by any height limit (HL) overlay zone (Section 17.16.040), except as otherwise provided by this Section.

C.

Height measurement.  

1.

The maximum allowable height of a structure shall be measured from the lowest elevation of the existing grade at an exterior wall of the structure to the highest point of the structure, except as otherwise specified by this Zoning Code. See Figure 4-3.

Figure 4-3 - Height Measurement

2.

The highest point of the structure shall be considered its highest ridge or parapet.

3.

Where the height limits of the applicable zoning district require measurement to the top plate, the height shall be measured from the lowest elevation of the existing grade at the exterior wall of the structure to the top plate elevation

4.

If a single structure crosses a zoning or height district boundary (e.g., where one structure is located in two or more different zoning or height districts), the maximum height shall be measured separately for each portion of the structure in order to ensure compliance with the zoning or height district in which it is located. See Figure 4-4.

Figure 4-4 - Height with site divided by zoning

D.

Height limit exceptions.  

1.

Chimney exceptions. A chimney may exceed the height limit established by the applicable zoning district by a maximum of two feet.

2.

Roof mounted exceptions.  

a.

Commercial and industrial structures. For commercial and industrial structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limit established by the applicable zoning district by a maximum of 15 feet.

(1)

The Design Commission may allow the appurtenance height to go to a maximum of 20 feet if the DC finds that the additional height provides an improved architectural design (e.g., towers or other architectural features).

(2)

If the project is not subject to Design Review, the Director may allow the height to go to a maximum of 20 feet if the Director finds that the additional height provides an improved architectural design (e.g., towers or other architectural features).

b.

Multi-family structures. For multi-family structures, appurtenances covering not more than 25 percent of the roof area may exceed the height limit established by the applicable zoning district by a maximum of 10 feet. For projects subject to the City of Gardens provisions (17.22.060) enclosed or trellised roof decks may exceed the height limit upon approval of a minor conditional use permit.

c.

Roof-top garden railings. An open railing around a roof-top garden may be allowed to exceed the height limit established by the applicable zoning district; provided the railing is the minimum height required under the Building Code (for safety purposes) and the railing is stepped back so as not to be visible from the street. See Figure 4-5.

Figure 4-5 - Roof-top garden railings

(Ord. 7099 § 21, 2007)