§ 22.10.090. Height Measurement and Height Limit Exceptions.

A.

Purpose. This Section limits the height of structures as needed to: support public safety; protect access to natural light, ventilation, and direct sunlight; support the preservation of neighborhood character; and to preserve viewsheds and scenic vistas.

B.

Measurement of height. The height of a building or structure shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the vertical plane of the exterior walls would touch the natural grade level of the site; except that finished grade instead of natural grade shall be the basis for height measurement where:

1.

A site is graded or filled in compliance with approved subdivision improvement plans, or a grading permit that was approved to authorize.

a.

Grading or fill to conform the elevation of the building site with that of adjoining developed sites; or

b.

Fill to mitigate flood hazards in compliance with the provisions of Section 22.14.060 et seq.; or

c.

Fill determined by the Environmental Coordinator and Director to be necessary to mitigate the impacts of allowable development on archeological resources, which shall not exceed a depth of 24 inches unless specifically authorized by the Director.

2.

The site was graded or filled in compliance with a grading permit approved before June 25, 1992.

3.

An adjustment (22.70.030) is approved by the Director on the basis that the site was filled before January 1, 1981.

Figure 10-2: Measurement of Height - Example 1

Figure 10-3: Measurement of Height - Example 2

C.

Height limits. The maximum height for new structures is as follows, except where other height limits are established by planning area standards of Chapter 22.09 (Community Planning Standards). (For allowed fence heights, see Section 22.10.080.C.)

1.

Maximum allowed height by land use category.

Land Use Category	Maximum Height
Agriculture, Rural Lands	35 feet
Commercial
In Central Business District	45 feet
Elsewhere	35 feet
Industrial	45 feet
Office & Professional	35 feet
Open Space	25 feet
Recreation	35 feet
Public Facilities	45 feet
Residential
Single Family, Rural and Suburban	35 feet
Multi-Family
Low intensity	35 feet
Medium Intensity	35 feet
High intensity	45 feet

 

2.

Exceptions to height limitations.

a.

Commission modifications. Buildings and structures exceeding the heights permitted in Subsection C.1. may be authorized through Conditional Use Permit approval, provided the Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties, and that the modified height will not exceed the lifesaving equipment capabilities of the fire protection agency having jurisdiction.

b.

Residential exceptions.

(1)

Additional height. The height limitations specified by Subsection C.1 for residential buildings may be adjusted (Section 22.70.030) to allow additional height to a maximum of 45 feet, provided that the required side, rear and interior setbacks shall be increased one foot in width for each foot of height over 35 feet.

(2)

Downhill lot. Where the average front-to-back slope of a lot is greater than one foot of fall in seven feet of distance (14.2 percent average slope) from the centerline of the street to the rear face of the proposed building, up to 5 feet may be added to the allowed height limit (Subsection C.).

c.

Uninhabited structures. The height limits specified in Subsection C.1. do not apply to the following structures (measurement of height is from the ground, as set forth in Subsection A.):

(1)

Radio and television receiving antennas. The type customarily used for home radio and television receivers, as well as amateur and commercial transmitting antennas, when 50 feet or less in height.

(2)

Flagpoles. 50 feet or less in height.

(3)

Agricultural structures. Barns, grain elevators, silos, water tanks, windmills, wind generators and all other similar structures not containing residential uses and located in the Agriculture, Rural Lands, Residential Rural, Residential Suburban and Industrial land use categories.

(4)

Chimneys. No more than 100 feet in height located in the Industrial category; and all other chimneys and roof vents extending no more than three feet above the height limit specified in Subsection C.1.

(5)

Industrial. Industrial towers, non-portable equipment and other uninhabited structures no more than 60 feet in height located in an Industrial land use category.

(6)

Construction equipment. All portable construction equipment.

(7)

Public utilities. Poles and structures for providing electrical and communications services.

(8)

Solar collectors. Not more than five feet above the height limit specified in Subsection C.1.

[Amended 1984, Ord. 2163; 1986, Ord. 2267; 1988; Ord. 2344; 1992, Ord. 2553] [22.04.120, 122, 124]