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No mixed use development shall be constructed, altered, or enlarged in the M-PD-3 zone except in accordance with the following height restrictions:
A. Commercial Component: No building, structure, improvement, or any part thereof, erected constructed or maintained as part of the commercial component of a mixed use development in the M-PD-3 zone shall exceed sixty one feet (61') in height, measured as set forth in this chapter, or five (5) stories, whichever is less.
B. Residential Component: No building, structure, improvement, or any part thereof, erected constructed or maintained on any part of the project in the R-1 underlay zone shall exceed thirty three feet (33') in height, with a pitched roof, measured as set forth in this chapter, or three (3) stories, whichever is less.
C. Unoccupied Architectural Features: Notwithstanding any other provision of this code, unoccupied architectural features in portions of the project subject to the C-3 underlying zone such as skylights and clerestories may exceed the height limits established by this section by not more than ten feet (10') in height if such unoccupied architectural features are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter and do not exceed thirty three percent (33%) of the roof area upon which they are located and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal. (Ord. 07-O-2532, eff. 12-14-2007)