§ 33-284.18. Structure height.

The Community Zoning Appeals Board shall have the authority to determine structure height as hereinafter provided under plan review standards; provided, however, that the Community Zoning Appeals Board shall not permit any structure to be of a height greater than that established by the following criteria:

There are three (3) steps in the procedure by which the ultimate height limit is determined. Steps A and B establish a height envelope based on existing adjacent zoning. Step C sets a height limit within the envelope based on the on-site zoning. In all cases the most restrictive limit shall govern.

Step A establishes the first part of the height envelope as it applies to a one-hundred-foot strip along the entire perimeter of the subject property. In this strip, the height envelope equals the maximum height and number of stories permitted by the zoning district immediately adjacent to the property. Where the property is adjacent to the Atlantic Ocean, the permitted height shall be thirty-five (35) feet. Where the existing adjacent zoning varies, it shall be directly reflected in the height envelope. At corners and at other areas where more than one (1) control overlaps, or any situation where there is a conflict, the more restrictive shall govern.

Step B establishes a height control line for the property interior to the one-hundred-foot perimeter strip, providing for gradually increasing height upward and toward the center of the site. This line is the projection of a twenty-two-and-one-half-degree angle from the perimeter height limit at the inner edge of the perimeter strip toward the center of the property. At corners and at other areas where more than one (1) height control overlaps, or in any situation where there is conflict, the more restrictive shall govern. The lines established in Steps A and B constitute the height envelope.

Step C establishes a height control based on the most liberal existing residential zoning district on the subject property plus an additional twelve (12) feet or one (1) story; provided, however, that additional height may be permitted in a building in which, for purposes of light, air, view and recreation, one (1) story is left unclosed and unencumbered with parking [and] provided the story is seventy (70) percent open and appropriately developed as usable open space. In no case shall any structure be permitted having an overall height greater than that permitted by the height envelope.

Where the entire tract fronts on one (1) public road, it shall be assumed for height limitation purposes that the property with the most liberal zone fronts on the public road.

Cross Section Sketch of Height Controls

Step A: Height requirement(s) for one-hundred-foot perimeter strip is determined by adjacent zoning

Step B: Height requirement(s) interior to the perimeter strip is determined by a twenty-two-and- one-half-degree line projected upward toward center of the site

Step C: No structure shall exceed the height permitted by the most liberal on-site residential zoning district plus one (1) floor and plus additional height for unenclosed floors

(Ord. No. 73-28, § 2, 3-20-73; Ord. No. 74-41, § 1, 6-4-74; Ord. No. 78-39, § 11, 6-6-78; Ord. No. 96-127, § 25, 9-4-96)