§ 3.22.8. Height of buildings.

A.

The maximum height of buildings shall be based upon the zones shown on the zoning map amendment adopted pursuant to section 3.22.3 which zoning map amendment shall incorporate the zone designations reflected in the Emory Village regulating plan dated March 23, 2007, adopted by the board of commissioners as part of the official zoning map amendment previously incorporated herein by reference.

B.

All buildings shall contain a story meeting the definition of sidewalk level, subject to the requirements of section 3.22.7.A.

C.

The maximum permitted building height shall be regulated by both the number of stories and the total building height, subject to the following restrictions:

1.

Buildings at sidewalk level in Zones 2, 3, and 4 shall have a minimum height of twelve (12) feet and a maximum height of eighteen (18) feet above the closest build-to-line except as authorized in Zone 3 for parking levels.

2.

Buildings at sidewalk level in Zone 1 shall have a minimum height of nine (9) feet and a maximum height of twelve (12) feet above the closest build-to-line.

3.

All other stories shall have a minimum height of nine (9) and a maximum height of twelve (12) feet; and

4.

Stories of buildings not meeting the parameters of C.1. through C.3. are prohibited.

D.

Within Zones 1, 2, and 4 and unless otherwise limited by a fixed elevation above mean sea level, the maximum height of sidewalk levels and buildings in feet shall be measured from a horizontal plane established at the finished grade's highest elevation along the closest adjacent build-to-line adjoining said parcel. Parcels with more than one hundred twenty (120) feet of frontage along a build-to-line shall establish the finished grade's maximum elevation and accompanying building height limit not less than once for every one hundred twenty (120) linear feet of frontage.

E.

No building shall be less than two (2) stories in height along the build-to-line.

F.

The maximum height of buildings shall meet each requirement below within each zone:

1.

Zone 1:

Diagram A: Zone 1 Heights

a.

Three (3) stories or less above the adjacent build-to-line.

b.

Thirty-six (36) feet or less above the adjacent build-to-line, which shall include all roof structures except parapet walls having a maximum height of thirty (30) inches.

c.

See Diagram A for illustration.

2.

Zone 2:

Diagram B: Zone 2 and 3 Heights

a.

Four (4) stories or less above the adjacent build-to-line.

b.

Fifty-four (54) feet or less as measured from grade which shall not include unoccupied roof structures nor parapet walls having a maximum height of thirty (30) inches.

c.

See Diagram B for illustration.

3.

Zone 3:

a.

Four (4) stories or less above the adjacent build-to-line. For the purpose of calculating the number of stories in this zone, parking levels shall be treated as being two-thirds ( 2/3 ) of a story.

b.

Fifty-four (54) feet or less above grade, which shall not include parapet walls, which shall not exceed thirty (30) inches in height.

c.

See Diagram B for illustration.

4.

Zone 4:

Diagram C: Zone 4 Heights

a.

Three (3) stories or thirty-six (36) [feet] or less above the adjacent build-to-line and subject to item ii. below.

b.

In no case shall any structure, including authorized parapet walls, extend beyond nine hundred fifty (950) feet above mean sea level.

c.

See Diagram C for illustration.

G.

Basements and below-grade parking levels shall not count towards the minimum and maximum numbers of stories.

H.

The foundation of the building fronting the build-to-line shall not extend higher than one (1) foot above the build-to-line.

( Ord. No. 15-06 , 8-25-2015)