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A. Notwithstanding any other provision of this code and subject to the restrictions set forth in this section, the planning commission may permit, as part of a planned development pursuant to article 18.4 of this chapter, mixed use developments in the M-PD-2 zone to exceed height, story and density limitations otherwise applicable to mixed use developments in order to permit the establishment of rooftop pools and spas and related restroom facilities provided that:
1. The planning commission makes the findings set forth in subsection 10-3-2804B of this chapter regarding the rooftop restroom facilities.
2. The additional height above the maximum height limit otherwise applicable to the mixed use development will not exceed ten feet (10').
3. The mixed use development includes a maximum of two (2) rooftop restroom facilities.
4. The aggregate floor area of all rooftop restroom facilities permitted pursuant to this section shall not exceed two hundred (200) square feet or such minimum floor area as may be required by federal or state law, whichever is greater.
5. Any rooftop restroom facilities permitted pursuant to this section shall not exceed thirty three percent (33%) of the roof area upon which they are located.
6. Any rooftop restroom facilities permitted pursuant to this section shall be set back from the face of any exterior wall of the floor immediately below so that a forty five degree (45°) angle to the vertical plane of the nearest outside wall is not intersected.
7. Notwithstanding the provisions of subsection A6 of this section, a rooftop structure may intersect a forty five degree (45°) angle to the vertical plane of the nearest outside wall provided that the exterior wall of the rooftop structure is constructed in the same plane as the exterior wall of the floor below and the rooftop structure will not exceed the applicable maximum allowable height otherwise permitted by more than forty five inches (45").
8. No food or beverage service, other than vending machines, shall be provided in connection with any rooftop pool use.
9. Use of the rooftop pool facilities shall be restricted to residents and guests of residents of the mixed use development.
10. No admittance or use fees shall be charged to use the rooftop pool facilities. Nothing in this provision shall prohibit the imposition or collection of home owner association fees on residents of a mixed use development to offset the costs of operating and maintaining such rooftop pool facilities.
11. Notwithstanding the provisions of this chapter permitting certain elements to be located above maximum height limits, only those elements required by law to project above the roof deck shall be permitted to exceed the ten foot (10') height limit of the structure enclosing the rooftop use permitted hereby. (Ord. 02-O-2417, eff. 1-3-2003)