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AN ORDINANCE AMENDING AND REENACTING SECTION 2 (5) OF ARTICLE II; SECTION 10 OF ARTICLE IV; SECTION 18 OF ARTICLE VI; SECTION 34 OF ARTICLE X, AND SECTION 38 OF ARTICLE XI OF APPENDIX II OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1959, WHICH SECTIONS RELATE TO THE HEIGHT OF BUILDINGS PERMITTED IN THE CITY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT SECTION 2 (5) OF ARTICLE II; SECTION 10 OF ARTICLE IV; SECTION 18 OF ARTICLE VI; SECTION 34 OF ARTICLE X, AND SECTION 38 OF ARTICLE XI OF APPENDIX II OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1959, WHICH SECTIONS RELATE TO THE HEIGHT OF BUILDINGS PERMITTED IN THE CITY BE AMENDED AND REENACTED TO READ AS FOLLOWS: ARTICLE II, SECTION 2 (5). DEFINITIONS - BASEMENT. A STORY HAVING PART BUT NOT MORE THAN ONE HALF OF ITS HEIGHT BELOW GRADE. A BASEMENT IS COUNTED FOR THE PURPOSE OF HEIGHT REGULATIONS IF SUBDIVIDED AND USED FOR BUSINESS OR DWELLING PURPOSES BY OTHERS THAN JANITORIAL OR HOUSEHOLD PERSONNEL EMPLOYED ON THE PREMISES. ARTICLE IV, SECTION 10. R-1 RESIDENTIAL DISTRICT - HEIGHT REGULATIONS. NO BUILDING SHALL EXCEED THIRTY-FIVE (35) FEET IN HEIGHT, EXCEPT AS PROVIDED IN ARTICLE XIII HEREOF. ARTICLE VI, SECTION 18. R-3 MULTIPLE DWELLING DISTRICT - HEIGHT REGULATIONS. SUBJECT TO THE RESTRICTIONS OF TABLE 6 OF THE CITY BUILDING CODE NO BUILDING SHALL EXCEED EIGHTY-FIVE (85) FEET IN HEIGHT ABOVE THE AVERAGE STREET LEVEL. THIS AVERAGE STREET LEVEL SHALL BE DETERMINED BY TAKING THE AVERAGE BETWEEN THE LEVEL OF THE HIGHEST AND LOWEST STREETS ADJACENT TO THE PROPERTY. THE EIGHTY-FIVE (85) FOOT HEIGHT LIMITATION SHALL NOT APPLY TO THE HEIGHT OF APPURTENANCES NECESSARY FOR THE USE AND OPERATION OF THE BUILDING AND THE HEIGHT OF ACCESSORY BUILDINGS SHALL BE AS PROVIDED IN ARTICLE XIII HEREOF. ARTICLE X, SECTION 34. B-3 BUSINESS DISTRICTS - HEIGHT REGULATIONS. SUBJECT TO THE RESTRICTIONS OF TABLE 6 OF THE CITY BUILDING CODE NO BUILDING SHALL EXCEED ONE HUNDRED (100) FEET IN HEIGHT ABOVE THE AVERAGE STREET LEVEL. THE AVERAGE STREET LEVEL SHALL BE DETERMINED BY TAKING THE AVERAGE BETWEEN THE LEVEL OF THE HIGHEST AND LOWEST STREETS ADJACENT TO THE PROPERTY. THE ONE HUNDRED (100) FOOT HEIGHT LIMITATION SHALL NOT APPLY TO THE HEIGHT OF APPURTENANCES NECESSARY FOR THE USE AND OPERATION OF THE BUILDING AND THE HEIGHT OF ACCESSORY BUILDINGS SHALL BE AS PROVIDED IN ARTICLE XIII HEREOF. ARTICLE XII, SECTION 38. M-1 RESTRICTED INDUSTRIAL DISTRICTS - HEIGHT REGULATIONS. A BUILDING OR STRUCTURE MAY BE ERECTED TO ANY HEIGHT NOT IN CONFLICT WITH OTHER CITY ORDINANCES EXCEPT THAT NO BUILDING OR STRUCTURE WHICH ADJOINS A DWELLING OR B, B-1 OR B-2 DISTRICT SHALL EXCEED A HEIGHT OF EIGHTY-FIVE (85) FEET ABOVE THE AVERAGE STREET LEVEL, UNLESS SET BACK FROM THE REQUIRED YARD LINES ONE (1) FOOT FOR EACH ONE (1) FOOT OF HEIGHT ABOVE EIGHTY (80) FEET. THE AVERAGE LEVEL SHALL BE DETERMINED AS SET FORTH IN SECTION 18. THE EIGHTY-FIVE (85) FOOT HEIGHT LIMITATION SHALL NOT APPLY TO THE HEIGHT OF APPURTENANCES NECESSARY FOR THE USE AND OPERATION OF THE BUILDING AND THE HEIGHT OF ACCESSORY BUILDINGS SHALL BE AS PROVIDED IN ARTICLE XIII HEREOF. ADOPTED BY THE COUNCIL APRIL 5, 1965 AYES: MR. HAGGERTY, MR. MOUNT, MR. PONTON, MR. RENNOLDS AND MR. SCRIBNER. NOES: NONE. CLERK PRESIDENT