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The building height limits under this chapter do not apply to belfries, chimneys, cupolas, domes, flagpoles, flues, monuments, television antennae or aerials, spires, tanks, water towers, water tanks, air conditioning units, solar energy panels, or similar roof structures, and mechanical appurtenances, or, if associated with an optional method development project and where recommended in an approved urban renewal plan, rooftop architectural features, except:
(a) Where such structures are located within an airport approach area, as designated on the zoning map; or
(b) In the case of air conditioning units or similar roof structures and mechanical appurtenances located on buildings in the RT-6.0, RT-8.0, RT-10.0, RT-12.5 and R-30 Zones or constructed under the standard method of development procedures in the CBD-0.5, CBD-R, and CBD-1 Zones, this exemption is limited to 8 feet.
A roof structure must not have a total area greater than 25 percent of the roof area except that a larger area may be approved for buildings approved by the Planning Board under the optional method of development procedures in the central business district zones. A roof structure must not be used for any purpose other than a use incidental to the main use of the building. Exempt space must not be used for retail, general and professional offices, or similar uses.
(Legislative History: Ord. No. 10-14, § 1; Ord. No. 10-53, § 2; Ord. No. 14-10, § 2; Ord. No. 15-03, § 3; Ord. No. 15-54, § 2; Ord. No. 17-45, § 1.)
Editor’s note-The above Section is cited in Permanent Financial Corporation v. Montgomery County, 308 Md. 239, 518 A.2d 123 (1986).