Article 33 — Height Limit Overlay Zone (H)

The H or Height Limit Overlay Zone is intended to be applied as an overlay zone of the C-1, C-2, C-3, M-1, and M- 2 Zones on properties where it may be appropriate to consider a waiver of the building height limit specified by the underlying commercial or industrial zone to a maximum of seventy-five (75') feet. The application of the Height Limit Overlay Zone (H) shall be in the manner specified for all rezoning applications by the provisions of Article 29 of this chapter. When property has been rezoned to the Height Limit Overlay Zone (H), all the regulations of the underlying commercial or manufacturing zone shall apply, except as set forth in this article. Property in the Height Overlay Zone

(H) shall be so designated by the appropriate zoning symbol on the zoning maps. For example, property zoned C-3, with a Height Limit Overlay Zone (H), shall be designated C-3-H on the zoning maps. (§ XI, Ord. 495-NS, eff. October 10, 1974)

Within the Height Limit Overlay Zone (H), the height limit of the underlying zone may be waived by the Commission or Council upon the review of an individual application. In no case, however, shall a building or structure exceed seventy-five (75') feet in the Height Limit Overlay Zone (H).

(§ XI, Ord. 495-NS, eff. October 10, 1974)

• (a) Commercial zones.

(1) In the C-2 Zone, lots in the Height Limit Overlay Zone (H) shall have a front yard of twenty (20') feet, or the average setback of adjacent buildings, plus one foot for each one foot of building height excess of thirty-five (35') feet. Such front setback area shall not be used for vehicular parking.

• (2) In the C-1 and C-3 Zones, lots in the Height Limit Overlay Zone (H) shall comply with the front yard setback specified by the underlying zone.

• (b) Manufacturing zones.

• (1) In the M-2 Zone, lots in the Height Limit Overlay Zone (H) shall have a front yard setback of ten (10') feet, plus one foot for each one foot of building height in excess of thirty-five (35') feet.

• (2) In the M-1 Zone, lots in the Height Limit Overlay Zone (H) shall comply with the front yard setback specified by the underlying zone.

(§ XI, Ord. 495-NS, eff. October 10, 1974)

(a) Commercial zones.

(1) In the C-2 Zone, lots in the Height Limit Overlay Zone (H) which have buildings in excess of thirty-five (35') feet in height shall have side yards equal to or greater than one-half (1/2) the front yard setback set forth in subsection (1) of subsection (a) of Section 9-4.3302 of this article.

(2) In the C-1 and C-3 Zones, lots in the Height Limit Overlay Zone (H) shall comply with the side yard setbacks specified by the underlying zone.

• (b) Manufacturing zones.

(1) In the M-2 Zone, lots in the Height Limit Overlay Zone (H) which have buildings in excess of thirty-five (35') feet in height shall have side yards equal to or greater than ten (10') feet or one-half (1/2) the front yard setback set forth in subsection (1) of subsection (b) of Section 9-4.3302 of this article, whichever is greater.

• (2) In the M-1 Zone, lots in the Height Limit Overlay Zone (H) shall comply with the side yard setbacks specified by the underlying zone.

(§ XI, Ord. 495-NS, eff. October 10, 1974)

(a) Commercial zones.

(1) In the C-2 Zone, lots in the Height Limit Overlay Zone (H) which have buildings in excess of thirty-five (35') feet in height shall have rear yards equal to or greater than one-half (1/2) the front yard setback set forth in subsection

• (1) of subsection (a) of Section 9-4.3302 of this article.

• (2) In the C-1 and C-3 Zones, lots in the Height Limit Overlay Zone (H) shall comply with the rear yard setbacks specified by the underlying zone.

• (b) Manufacturing Zones.

(1) In the M-2 Zone, lots in the Height Limit Overlay Zone (H) which have buildings in excess of thirty-five (35') feet in height shall have rear yards equal to or greater than ten (10') feet in height shall have rear yards equal to or greater than ten (10') feet or one-half (1/2) the front yard setback set forth in subsection (1) of subsection (b) of Section 9-4.3302 of this article, whichever is greater.

• (2) In the M-1 Zone, lots in the Height Limit Overlay Zone (H) shall comply with the rear yard setbacks specified by the underlying zone.

(§ XI, Ord. 495-NS, eff. October 10, 1974)

Within the Height Limit Overlay Zone (H), buildings or structures in excess of thirty-five (35') feet in height shall have a minimum parcel size of two (2.0) acres. All parcels within the Height Limit Overlay Zone (H) having a building or structure in excess of thirty-five (35') feet in height shall have a minimum width of one hundred fifty (150') feet, except that corner lots may have a minimum lot width of one hundred twenty (120') feet. (§ XI, Ord. 495-NS, eff. October 10, 1974)