Chapter 23.701 — Height Measurement And Exceptions

The purpose of this chapter is to provide the rules for determining and calculating height of structures in the city. Additionally, it includes exceptions to the height requirements of the underlying zoning district based on use type and features. The intent of these regulations is to provide for compatibility of building height when adjacent lots have different maximum height limits or there are different grade levels between a development site and its adjacent roadway.

(Ord. 27-2008 § 1 (Exh. A § 4.1.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

• A. Generally. Except as otherwise provided by this chapter or any other provisions of this title, all structures shall be limited to the maximum height identified in the underlying (or applicable overlay) zoning district as identified in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards), to the maximum height allowed for accessory structures as identified in Chapter 23.734 RCMC (Accessory Structures), or to the maximum height allowed for telecommunication facilities as identified in RCMC § 23.907.020 (Telecommunication facilities). The height provisions for buildings or structures shall be interpreted so that both the limitation as to the number of stories and the limitation of the height in feet shall both apply when both standards are listed.

• B. Height Compatibility with Single-Family Development. Whenever a structure is proposed on a lot that is adjacent to a singlefamily residential zone (e.g., CMU adjacent to RD-5), the proposed structure shall maintain the same maximum height allowed in the adjacent single-family residential zone (i.e., the RD-5 lot) within 100 feet of the shared property line. From that point measured 100 feet from the shared line, the maximum height of the proposed structure may increase to the maximum allowed by its underlying zoning at a two-to-one ratio. See Figure 23.701-1 (Height Compatibility with Single-Family Development). In the instance where the zones are separated by a public right-of-way, this rule shall still apply and the 100-foot distance measurement shall begin from the property line of the residential zone adjacent to the right-of-way.

Figure 23.701-1: Height Compatibility with Single-Family Development

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• C. Height Limits in Aircraft Approach Zones. In any zone, no tree or other object of natural growth shall be allowed to grow and no building or appurtenance thereon, tower, or other structure shall be erected or maintained to exceed the height limits developed for aircraft approach and take-off areas, nor the imaginary surfaces as defined by the Federal Aviation Administration. Such approach and take-off areas may be depicted on the zoning map for reference.

• (Formerly 23.701.030; Ord. 27-2008 § 1 (Exh. A § 4.1.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

The height of a structure shall be measured as the vertical distance from the finish grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade (see Figure 23.701-2, Measurement of Height).

Figure 23.701-2: Measurement of Height

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(Formerly 23.701.040; Ord. 27-2008 § 1 (Exh. A § 4.1.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

Exceptions to the height regulations are as follows:

• A. General Height Exceptions. Towers, penthouses, and other roof structures for the purpose of shelter for mechanical equipment, cupolas, water tanks, church steeples, carillon towers, radio/television antennas, and similar structures and necessary mechanical appurtenances may be erected on a building, or on the ground, to a height greater than the limit otherwise established within the underlying zone, or for that use; provided, that no such exception shall cover at any level more than 15 percent of the area of the lot nor have an area at the base greater than 1,600 square feet. (See RCMC § 23.907.020 (Telecommunication facilities) for dish antenna regulations.) All construction is subject to approval of building inspection. Signs may not be placed on such structures at any height exceeding the height of an otherwise permitted building. Fences or walls may be required and conditioned to exceed six feet in height for a project, as determined by the approval authority related to a planning entitlement hearing on the same parcel of land.

• B. Height Exceptions for Residential Zones. As part of design review, the designated approval authority may allow apartment houses, schools, churches, public buildings, and other similar buildings to be erected to a height not to exceed 75 feet; provided, that the required yards are increased one foot for each one foot of height increase of said building.

• C. Mixed-Use, Automotive, and Industrial Zones. As part of design review, the designated approval authority may permit the maximum height for buildings in the mixed-use, automotive, and industrial zones to be increased to a maximum of 150 feet; provided, that all portions of the building exceeding the underlying height maximum are set back from the ultimate right-of-way line of all abutting streets and freeways a distance at least equal to the height of that portion of the building. For any residential portion of a hotel or a residential use, all required yards and courts shall be increased one square foot for each foot that such building exceeds the maximum height of the underlying zoning district. In any case, the floor area to lot area ratio shall not exceed that allowed in the underlying zoning district or two-and-one-half to one when no maximum is specified.

• (Formerly 23.701.050; Ord. 27-2008 § 1 (Exh. A § 4.1.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))