§ 3.6.10. Height limitations and an administrative variance.

Infill building height within any Residential Infill Overlay District shall not exceed twenty-eight (28) feet.

A.

The height of a structure on an infill lot in this overlay district may exceed twenty-eight (28) feet if the applicant for a building permit establishes to the satisfaction of the planning director that the highest peak of the residential structures on both lots immediately adjacent to the infill lot exceed twenty-eight (28) feet. However, in no case shall the variances exceed thirty-five (35) feet in height. All administrative variances that are granted or denied by the planning director shall be in writing and shall contain detailed reasons for the granting or denial of the variance. Notice of an application for an administrative variance shall be posted on the subject property for a period of not less than ten (10) days from the date of application and prior to decision.

B.

If the placement of a telecommunications tower or antenna within any Residential Infill Overlay District in excess of twenty-eight (28) feet in height is mandated by federal law, said tower or antenna, in addition to meeting all other standards and criteria applicable thereto, shall meet the following design requirements:

1.

No portion of any such tower or antenna shall extend a distance of more than ten (10) feet above the top of the tree canopy existing on the lot upon which the tower or antenna is placed. If no tree canopy exists on said lot, then no portion of such tower or antenna shall extend a distance of more than ten (10) feet above the top of the tree canopy closest to such tower or antenna.

2.

All portions of a tower or antenna that extend above the top of the existing mature tree canopy pursuant to subsection B.1., shall consist of an alternative tower structure that is designed and colored in a way that blends said tower or antenna with the closest tree canopy to a degree that renders said tower or antenna indistinguishable from said tree canopy at a distance of two hundred (200) feet measured horizontally from said tower or antenna.

( Ord. No. 15-06 , 8-25-2015)