Height limitation. A. No permit shall be issued for any new or expanded building or structure of more than 35 feet above average grade level, except if approved through a shoreline variance permit.
B. To exceed 35 feet, an applicant must apply for a shoreline variance permit, and comply with the following criteria in addition to the shoreline variance permit criteria:
1. Overriding considerations of the public interest will be served.
2. The view of a substantial number of residences on areas adjoining shorelines will not be obstructed.
Height limitation. A. No permit shall be issued for any new or expanded building or structure of more than 35 feet above average grade level, unless in accordance with regulation 7.1(4)A.1 or regulation 7.1(4)A.2, below.
1. In areas of shoreline jurisdiction zoned Light Industrial (M-1) or Low Density Commercial (C-2) on the effective date of the City’s Shoreline Master Program, water-oriented structures may exceed a height of 35 feet if allowed under zoning regulations. The applicant must demonstrate compliance with the following criteria:
a. Overriding considerations of the public interest will be served.
b. The view of a substantial number of residences on areas adjoining shorelines will not be obstructed.
2. To otherwise exceed 35 feet, an applicant must apply for a shoreline variance permit, and comply with the following criteria in addition to the shoreline variance permit criteria:
a. Overriding considerations of the public interest will be served.
b. The view of a substantial number of residences on areas adjoining shorelines will not be obstructed.
Height limitation. LICENSEE may not install any portions of the Antenna Facilities above the existing height of the Tower, or extend the height of the Tower, without LICENSOR’S prior written consent, which consent shall be in LICENSOR’S sole but reasonable discretion. If an extension of the Tower is necessary to accommodate the Antenna Facilities, (i) LICENSOR and LICENSEE shall cooperate in the design, permitting and construction of the extension, (ii) LICENSOR shall undertake the construction, and (iii) LICENSEE shall bear all costs required to permit and construct the Tower extension.
Height limitation. Lessee shall not direct, permit, or maintain upon the Premises any structure, tree, or other stationary or attached object (except an aircraft) which penetrates the Federal Aviation Regulation Part 77 surface without consent of the Federal Aviation Administration.
Height limitation. The maximum building height on the Property may not exceed ninety- five (95) feet, as measured in accordance with Boise City Code; provided, however, rooftop enclosures (such as elevator, stairway and mechanical penthouses), mechanical equipment (and any related screening elements) may exceed the foregoing height limitation to the extent permitted by the Boise City Code.
Height limitation. LESSEE and the LESSEE’s successors and assigns agree not to erect or lease any structure unless it complies with all FAA and Airport Land Use Compatibility Plan (“ALUCP”) height limitations. If this covenant is breached in any way, CITY reserves the right to remove the structure or object at the expense of the LESSEE.
Height limitation. In the event of Clause 7.1 sentence 1 letter b), EVAS's liability shall be limited to the damage typically foreseeable for a contract of this type.
Height limitation. LESSEE and LESSEE’S successors, sublessees and assigns agree not to erect or permit any structure or tree on the premises to reach a mean sea level elevation of 600 feet. If this covenant is breached in any way, CITY reserves the right to enter the premises and remove the structure, object, or tree, at the expense of LESSEE.
Height limitation. AWN Collocator may not install any portions of the New AWN Communications Equipment above the existing height of the Tower except in any space above the top of the Tower that is part of the AWN Primary Tower Space, or extend the height of the Tower without Tower Operator’s prior written consent, which consent shall be in Tower Operator’s reasonable discretion. If any extension of the Tower is necessary to accommodate the New AWN Communications Equipment: (i) Tower Operator and AWN Collocator shall cooperate in the design, structural analysis, permitting and construction of the extension and related Modifications of the Tower; (ii) Tower Operator shall perform the design, structural analysis, permitting and the construction of such extension and related Modifications of the Tower; (iii) to the extent such extension and related Modifications of the Tower is required for 20160526v2 the New AWN Communications Equipment, except as otherwise provided in this Section 11(a): (A) the design, permitting and construction of such extension and related Modifications shall be at AWN Collocator’s sole cost (except that the permitting and construction shall be at AWN Collocator’s sole cost only if AWN Collocator approves the plans for such extension and related Modifications); and (B) AWN Collocator will pay Tower Operator the Structural Analysis Fee; and (iv) to the extent that any additional height or capacity is requested by Tower Operator in excess of that necessary to accommodate the New AWN Communications Equipment, Tower Operator shall bear a pro-rata portion of all costs of the extension and related Modifications based upon the additional height or capacity requested by Tower Operator. If Tower Operator increasing the height of a Tower at the request of AWN Collocator results in a requirement for FAA mandated lighting of such Tower, AWN Collocator shall pay the cost of installing such lighting, the cost of obtaining or amending the FCC Antenna Structure Registration for the Tower, including, but not limited to, any environmental studies, and the cost of industry-standard lighting equipment for Tower Operator to monitor the lighting of such Tower, similar to the monitoring equipment at other lighted Sites and the reasonable and customary ongoing electrical expense and other operating expenses associated with maintaining such Tower lighting; provided, however, that such lighting and lighting monitoring equipment shall be considered Tower Operator Equipment for which...
Height limitation. NT Collocator may not install any portions of the New NT Communications Equipment above the existing height of the Tower except in any space above the top of the Tower that is part of the NT Tower Space, or extend the height of the Tower without Tower Owner’s prior written consent, which consent shall be in Tower Owner’s reasonable discretion. If an extension of the Tower is necessary to accommodate the New NT Communications Equipment and Tower Owner consents to such extension: (i) Tower Owner and NT Collocator shall cooperate in the design, permitting and construction of the extension; (ii) Tower Owner shall undertake the construction; and (iii) the costs related to the extension shall be assumed by NT Collocator.
