Harvey Cedars City Zoning Code
§ 13-8.1
Exceptions to the Height Limits.
[Ord. No. 2002-14; Ord. No. 2014-01]
The following exceptions to the height limit are permitted:
a.
Roof structures for the housing of stairways, tanks, ventilating fans, air conditioning equipment, or similar equipment required to operate and maintain the building, and fire or parapet walls, towers and steeples, are permitted only on commercial structures which are located in the Limited Commercial District, General Business District and Marine Commercial District.
1.
Spires, belfries, cupolas and domes are permitted on churches only.
2.
Chimneys venting fossil burning devices may exceed the height limit by not more than two feet.
b.
Existing ocean front dwellings directly fronting the Atlantic Ocean beach front may, under the following circumstances, exceed the current height limitations. Those circumstances are:
1.
The dwellings were constructed and occupied prior to the effective date of this Subsection b of this section of the Zoning Ordinance.
2.
The first-floor habitable living area has a finished floor elevation lower than 23.
3.
The dwelling owner may then apply to raise the dwelling so that the existing first floor habitable living area does not exceed elevation 23.
4.
This exception shall only apply to the existing homes hereinabove described and shall not apply to current structures where demolition is planned or proposed. It also shall not apply or allow a dwelling owner to add another level to the current structure but is restricted to raising the current structure as above described. Additions to the raised structure will be permitted provided they meet all zoning ordinance requirements including maximum building height as specified in Subsection13-8.1c below.
c.
New ocean front dwellings fronting the Atlantic Ocean beach front:
1.
The first floor living area shall be set at a maximum elevation of 23 feet, 1988 NAVD.
2.
The height above the new first floor elevation shall not exceed 23 feet. A flat-roofed building with a pitch less than one in 12 shall not exceed 20 feet.
3.
Deck railings shall not exceed 23 feet in height above the first-floor elevation.
