§ 93.04

For the purpose of this section, a "high-rise building" is defined as a building or structure which exceeds 35 feet in height or as otherwise permitted. In all cases, high-rise buildings shall be subject to approval of a conditional use permit or planned development district, pursuant to Section 94.02.00 or Section 94.03.00, and shall be considered in only those zones where specifically permitted, pursuant to the following standards:

• A. Sixty percent of a site area for high-rise building shall be developed as usable landscaped open space and outdoor living and recreation area and shall be so designated on the site plan. The remaining 40% of a site area may be used for buildings and parking. Required landscaping for surface parking areas shall not be included in the 60% open space requirement. To insure that all required open space shall remain in perpetuity, the owner shall offer to dedicate development rights for all open space required by this Zoning Code.

B.

1. Maximum height of high-rise buildings shall be 60 feet. An additional 15 feet maximum may be allowed for stairways, elevators and mechanical equipment on the roof; provided, the bulk of the building does not appear to be over 60 feet.

2. On Indian Land, the maximum height of high-rise buildings shall be 100 feet. This shall include all appurtenances on such buildings, and shall be measured from any point of the natural elevation of the ground at the building line, before grading, to the maximum projection on top of the building above the same point.

• C.

1. A high-rise building shall have a minimum setback of three feet of horizontal setback for each one foot of vertical rise of the building. This setback requirement is to be measured from property lines except when a site in question abuts a street. Then it shall be measured from the right-of-way line on the opposite site of the abutting street. The city's general plan street plan shall be used to determine the right-of-way line, and in no case shall more than 100 feet of street right-of-way be used in determining a setback distance. The minimum setback for any structure, regardless of height, shall be as prescribed by the underlying zone.

2. Exception.

In industrial zones, except for properties which abut a property in a residential zone, a highrise building shall have a minimum setback of one foot of horizontal setback for each one foot of vertical rise of the building. This setback requirement is to be measured from all property lines.

3. On Indian Land, a high-rise building shall have a minimum setback of one foot of horizontal setback distance from the short dimension of the lot and one and one-half (1 1/2) feet of horizontal setback distance from the long dimension of the lot for each one foot of vertical rise of the building. All setbacks shall be measured from property lines.

• D. Proximity to Low-density Development.

When a high-rise building is adjacent to or across the street from an R-1 zone or properties in an area designated on the general plan for low-density residential development, such high-rise building shall have a minimum setback from the closest part of said R-1 zone or low-density residential designation of six feet of horizontal distance for each one foot of vertical rise of the building, as measured in subsection C of this section.

• E. Deleted by Ord. 1418.

• F. High-rise buildings shall be designed to insure that each structure fits into the resort character of the community and blends in with the natural surroundings.

• G. The city council may alter the provisions of this section upon finding that the intent of this section is met.

• (Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1553, 1998)