§ 21-293. Building Height.

(a)

The maximum Height of a flat roof deck or the midpoint of a sloped roof of any Principal Building or Structure, other than decorative architectural roof features, Mechanical Equipment or Rooms, elevator equipment Rooms, water storage facilities, air conditioning equipment, accessory recreational facilities, fences, wall and similar facilities (non-habitable roof features) shall be 275 feet above the average Street Grade adjoining the Property. Non-habitable roof features may extend above the height of the Building by no more than 25 feet.

(b)

In the OF Ocean Front District, for the purposes of calculating maximum Building coverage pursuant to section 21-287, and Setbacks pursuant to section 21-291, a Story shall not exceed 11 feet. The 11-foot Story Height referenced herein shall not be interpreted to restrict the Height of an individual Story to 11 feet or any other dimension, but shall only serve as a means to measure and restrict Building coverage and Setbacks.

(c)

Roof Structures designed and utilized for the housing of Mechanical Equipment such as elevators, water storage, air conditioning and similar facilities shall not be considered in calculating the number of Stories, provided:

(1)

The Structure is fully enclosed or screened and does not exceed 25 feet in Height.

(2)

The outside walls of the roof Structure are set back a minimum of 20 feet from the exterior walls of the principal Structure.

(3)

No Guest Rooms, dwelling units, business establishments or other accommodations or public spaces, are contained within this Structure.

(d)

Rooftop accessory recreational facilities shall be visually screened from neighboring oceanfront Lots by fences, walls or other screening materials or features that are no shorter in height than the object to be screened, all as approved by the Architectural Review Board.

(e)

For the purpose of this section, the determination of the average Street Grade for those Lots or portions of Lots in proximity to the Haulover Cut Bridge shall be measured as the combined average elevations of the adjoining frontage road and the road surface of the bridge adjoining the subject Property (westerly extension of the Property lines to the bridge). The determination of the average elevation shall be as follows:

(1)

Based upon the roadway frontage adjoining the subject Property, establish an imaginary extension of the Property line to the eastern edge of the frontage road right-of-way and the bridge Structure;

(2)

At the intersection of the extension of the Property line and the centerline of the frontage road and bridge roadway surface, determine the elevations of the road surfaces at the north and south Property line extensions and divide by four.

(Ord. No. 169, § 6-9(m), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-26-81; Ord. No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 335, § 3, 7-24-89; Ord. No. 473, § 2, 6-18-02; Ord. No. 512, § 2, 10-17-06)