10-3-2503: HEIGHT:
Except as provided in section 10-3-2522 of this article for view preservation lots, as provided in section 10-3-2516 of this article for walls and fences, and as provided below for uphill lots, construction over a slope, construction over fill, and small level pads, the maximum permitted height for a structure constructed on a site area in the Hillside Area shall be twenty six feet (26'). However, a structure may exceed this height if the structure is constructed within a height envelope that begins at twenty two feet (22') in height at the front setback line and increases toward the rear of the site at a thirty three degree (33°) slope to a maximum height of thirty feet (30').
   A.   Uphill Lots: If a site area in the Hillside Area has a level pad elevation that is at least ten feet (10') higher than any adjacent portion of a street, then the structures constructed on that site area shall be constructed within a height envelope that begins at fourteen feet (14') in height at the level pad setback line and increases toward the center of the level pad at a slope of thirty three degrees (33°) to a height of thirty feet (30').
   B.   Construction Over A Slope: Notwithstanding the height limits set forth in this section, if a building extends beyond the edge of the level pad by at least twenty feet (20'), measured horizontally to the pad, then the maximum permitted height for that portion of the building located on the pad shall be thirty feet (30'). The maximum permitted height for a structure constructed over a slope shall be twenty two feet (22'). However, the vertical distance between the lowest exposed point of the structure and the highest element of the structure shall not exceed fifty five feet (55').
   C.   Construction Over Fill: Notwithstanding any other height limit set forth in this section, the maximum permitted height for a structure constructed over fill shall be reduced by the maximum height of any retaining wall or walls for that fill if such retaining wall or walls are located within ten feet (10') of the structure.
   D.   Small Level Pads: Notwithstanding the height limits set forth above, if a site contains no level pad, or a site contains a level pad that does not exceed seven hundred fifty (750) square feet in area, then the maximum height of that portion of a structure within forty feet (40') of the front setback line of the site shall be twenty six feet (26'). However, a structure may exceed this height if the structure is constructed within a height envelope that begins at twenty two feet (22') in height at the front setback line and increases toward the rear of the site at a thirty three degree (33°) slope to a maximum height of thirty feet (30').
For that portion of a structure located more than forty feet (40') from a front setback line, the maximum height shall be twenty two feet (22'). However, the vertical distance between the lowest exposed point of the structure and the highest element of the structure shall not exceed fifty five feet (55'). (Ord. 92-O-2147, eff. 9-4-1992; amd. Ord. 95-O-2239, eff. 7-7-1995)