§ 25-2-531. HEIGHT LIMIT EXCEPTIONS.

(A)

This section provides exceptions to zoning district height limits.

(B)

Subsection (C) applies to:

(1)

parapet walls, chimneys, vents, and mechanical or safety features including fire towers, stairways, elevator penthouses, heating or cooling equipment, solar installations, and protective covers; and

(2)

ornamental towers, cupolas, domes, and spires that are not designed for occupancy.

(C)

A structure described in Subsection (B) may exceed a zoning district height limit by the greater of:

(1)

15 percent;

(2)

the amount necessary to comply with a federal or state regulation;

(3)

for a stack or vent, the amount necessary to comply with generally accepted engineering standards; or

(4)

for a spire, 30 percent.

(D)

The height of a home radio or television receiving antenna or a flagpole may not exceed the lesser of:

(1)

a .50 feet; or

(2)

if attached to a building, 25 feet above the building; or

(3)

if located on the ground, 125 percent of the zoning district height limit.

(E)

A radio tower operated by a licensed amateur radio operator may not exceed a height of 60 feet plus 15 feet for antennae. The Land Use Commission may approve a greater height as a conditional use.

(F)

An antenna located on a building in a non-residential zoning district may exceed the zoning district height limit by not more than 20 feet.

(G)

A fly tower that is constructed within a performing arts theater that seats 300 or more people may be up to 80 feet in height, regardless of the zoning district height limit, unless a lower height limit is required by City Code Chapter 25-2, Article 10 ( Compatibility Standards ). The fly tower must be:

(1)

located on land owned by the City of Austin; and

(2)

designed and used for moving set pieces, lights, microphones, and other equipment on and off stage.

Source: Section 13-2-608; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 040826-67; Ord. 20080724-082; Ord. 20100923-132.