Sec. 9-4.2501. Building height.
   (a)   Residential zones.
   (1)   In the R-A, R-E, R-O, R-1, and R-2 Zones, except as described herein, no main building or structure shall exceed twenty-five (25') feet in height. The maximum height may be increased by not more than ten (10') feet provided that each such dwelling has two (2) side yards of not less than fifteen (15') feet each, but such dwellings shall in no event exceed three (3) stories.
   (2)   In the R-P-D Zone, except as described herein, no single-family dwelling shall exceed twenty-five feet (25') in height. In the R-3 and R-P-D Zones, the maximum height for multi-family dwellings must not exceed thirty- five feet (35'). Projects including twenty percent (20%) or more affordable housing units in the very and low-income categories are allowed to exceed thirty-five feet (35') up to forty-five feet (45') as long as the taller portion does not cover more than forty percent (40%) of the building footprint.
   (3)   Accessory buildings shall be limited to a maximum building height of fifteen (15') feet, except accessory dwelling units as provided in Section 9-4.2521.
   (4)   In any R Zone the height of religious facility buildings, including spires, shall be restricted to the height limit set forth in this article for each zone unless waived or modified by the Commission, based on the circumstances of each individual application, so long as the public health, safety, and welfare are upheld.
   (b)   Commercial zones.
   (1)   In the C-1, C-2, and C-3 Zones, no building or structure shall exceed thirty-five (35') feet in height.
   (2)   In the C-4 Zone, no building or structure shall exceed seventy-five (75') feet in height.
   (c)   Manufacturing zones.
   (1)   In the M-1 and M-2 Zones, no building or structure shall exceed thirty-five (35') feet in height.
   (2)   In the M-2 Zone wherever property abuts a residential or commercial zone, the required standard setback on the front, side, or rear yard which abuts the residential or commercial zone shall be increased by one (1') foot for each two (2') feet in height that a structure located in the M-2 zoned property exceeds a height of thirty (30') feet.
   (d)   Height limit overlay zone (h). The building height limits set forth in subsections (b) and (c) of this section may be waived if the subject property is designated within the Height Limit Overlay Zone (H), as defined by Article 33 of this chapter.
(§ 8160, T.O.O.C., as amended by § 6, Ord. 89, §§ 14 and 15, Ord. 126, § XVI, Ord. 173-NS, eff. November 5, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 331-NS, eff. December 7, 1972, §§ I and II, Ord. 495-NS, eff. October 10, 1974, § III, Ord. 997-NS, eff. May 17, 1988, § 30, Ord 1392-NS, eff. June 7, 2002, § 4, Ord. 1569-NS, eff. March 9, 2012, Part 7, Ord. 1678-NS, eff. February 28, 2020, and § 3, Ord. 1698-NS, eff. April 29, 2022)