§ 16-08.006. Transitional uses, structures, requirements.

The following height limitations shall apply to all uses approved by special permits as well as permitted uses in all RG zoning districts except RG-1 and RG-2:

a.

No portion of any structure shall protrude through a height limiting plane beginning the specified number of feet above the point set forth in subsection 16-08.006(b) below and extending inward over the RG district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-08.006:

i.

R-1 through R-5;

ii.

RG-1 and RG-2;

iii.

MR-1, MR-2, and MR-MU; and

iv.

Landmark, Historic, PD, and SPI districts and or district subareas having with allowable uses and densities predominantly similar to those permitted in the district classifications listed in subsections (i) through (iii) above.

b.

Proximity to districts and measurement applications:

i.

For parcels in an RG district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required RG setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in an RG district that are not contiguous to but are within 150 feet of a protected district, the transitional height plane shall be measured beginning 15 feet above the nearest lot line of the protected district, provided this transitional height plane shall not extend more than 150 linear feet (measured along the ground) from the protected district up to and into the RG district. (See diagrams at section 16-29.001(62).)

c.

The purpose and intent of this provision is to provide protection for the named protected districts from nearby looming structures regardless of the presence of an intervening public right-of-way or park or space, public or private street or alley, or any lot or parcel remnant.

d.

Transitional height plane measurements shall be applied to parcels on a point-by-point basis and not average grade.

(Code 1977, § 16-08.006; Ord. No. 2019-09(18-O-1581), § 10.23, 1-31-19 )