SEC. 51A-4.412. RESIDENTIAL PROXIMITY SLOPE.
(a) Definitions of general terms. In this section:
(1) PRIVATE PROPERTY means any property not dedicated to public use, except that “private property” does not include
(A) A private street or alley.
(B) Property on which a utility and public service use listed in Section 51A-4.212 is being conducted as a main use.
(C) A railroad right-of-way.
(D) A cemetery or mausoleum.
(2) RESTRICTED BUILDING OR STRUCTURE means the building or structure whose height is restricted by a
residential proximity slope.
(3) SITE OF ORIGINATION means any private property in:
(A) an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF-2(A), or MF- 2(SAH) district; or
(B) an identifiable portion of a planned development or conservation district, which portion is restricted to residential
uses not exceeding 36 feet in height. See the sections in this chapter governing planned development and
conservation districts for specific guidance as to how to treat identifiable portions of those districts.
(b) Residential proximity slope defined. The residential proximity slope is a plane projected upward and outward from every site of origination as defined in Subsection (a). Specifically, the slope is projected from the line formed by the intersection of:
(1) the vertical plane extending through the boundary line of the site of origination; and
(2) the grade of the restricted building or structure.
(c) Angle and extent of projection. The angle and extent of projection of the residential proximity slope depends on
the zoning category of the site of origination as follows:
(d) Calculation of height restrictions. The horizontal distances used to calculate the height restrictions imposed by the residential proximity slope may be determined by using the lot, block, and right-of-way dimensions as shown on the official plat or zoning maps of the city, or by scale measurement of the distances on such official maps. All dimensions and methodology used in determining the distance measurement are subject to the approval of the building official.
(e) Exemption. Certain structures are exempt from the residential proximity slope. See Section 51A-4.408. (Ord. Nos. 19455; 19786; 20308; 21663; 26578)