§ 62-2101.5. Additional building height.

(a)

All building heights above 35 feet, regardless of classification and as otherwise regulated by this chapter, are subject to the following standards, unless otherwise specified herein. For the purpose of this section, the term "residentially zoned parcel" shall mean any parcel zoned for single family detached residential or single lot mobile home residential use, including GU, PA, AGR, AU, ARR, REU, RR-1, SEU, SR, EU, EU-1, EU-2, RU-1-13, RU-1-11, RU-1-9, RU-1-7, RRMH-1, RRMH-2.5, TR-1-A, TR-1, TR-2, TRC-1 and comparable tracts in PUD or RPUD.

(1)

The distance between the building and the lot line of any adjacent parcel (regardless of zoning or use) shall be no less than the sum of (a) the setback required by the applicable zoning classification, and (b) the product of the height of the building in excess of 35 feet (as measured from the average elevation of the finished development grade of the building site) multiplied by 1.25. This may also be expressed as the formula [(X-35)×1.25]+ Z, where the variable "X" is the total building height in feet as measured from the average elevation of the finished development grade of the building site, and the variable "Z" is the setback required by the applicable zoning classification. For example, if the applicable setback is 20 feet, and the building height is 55 feet, the minimum distance between the building and the lot line of the adjacent parcel would be [(55-35)×1.25]+20, or 45 feet.

(2)

In no event shall the ratio of the distance between the lot line of any residentially zoned parcel and the height of the structure be less than two to one. For example, a building 55 feet in height (as measured from the average elevation of the finished development grade of the building site) must be no less than 110 feet from the lot line of an adjacent residentially zoned parcel.

(b)

Additional building height above the maximum thresholds as provided by this chapter is available on parcels only in the following specific zoning classifications or circumstances.

(1)

For parcels zoned PUD or RPUD, or parcels designated "DRI" on the Future Land Use Element of the Comprehensive Plan, the height of a structure may exceed the height threshold only under the following conditions:

a.

Those conditions described in subsections (a)(1) and (2) above (applied to the perimeter of the project), and

b.

Structures within the above-described distance must not exceed the height permitted in the adjacent zoning classification.

(2)

For commercial (BU-1, BU-2, PBP) or government managed (GML) parcels, the height of a structure may exceed the height threshold only under the following conditions:

a.

Those conditions described in subsections (a)(1) and (2) above, and

b.

The parcel is located in an urban area described as 30 units per acre or 15 units per acre by the comprehensive plan, and

c.

The parcel does not abut any residentially zoned parcel, and

d.

The structure contains a mix of both commercial and residential uses, with at least the first floor being entirely commercial, and at least one other floor being entirely residential (except GML).

(3)

For industrial (PIP, IU, IU-1) or government managed (GML) parcels, the height of a structure may exceed the height threshold only under any of the following conditions:

a.

If the height of the structure is mandated by a state or federal agency in order to satisfy an environmental regulation, then only that condition described in subsection (a)(2) shall apply.

b.

If the parcel abuts only other IU or IU-1 zoned parcels, then only that condition described in subsection (a)(2) shall apply.

c.

If the parcel abuts any combination of parcels which in their entirety are zoned either industrial or commercial or both, and which include at least one parcel zoned PIP or at least one parcel zoned commercially, then both those conditions described in subsections (a)(1) and (2) shall apply.

(Ord. No. 01-30, § 21, 5-24-01; Ord. No. 07-34, § 1, 7-10-07; Ord. No. 08-40, § 3, 10-2-08; Ord. No. 2013-13, § 1, 4-30-13)