§ 10-7.408. Height.

(a)

No structure shall exceed two (2) stories or thirty (30) feet whichever is the lesser height, and no wall or fence shall exceed eight (8) feet except when permitted by a conditional use permit.

(b)

Any second-story portion of any dwelling or accessory building, including additions or alterations to the exterior portions of an existing dwelling or accessory building, shall be subject to development plan review by the Director or designee in accordance with Chapter 9, Article 10, except as hereinafter specifically excepted. In conducting the plan review, the Director shall consider:

(1)

The relationship of second-story windows, doors, exterior stairways, exterior balconies, sundecks, etc. with the privacy of the neighbors.

(2)

The relationship of building mass with the neighbors' views and use and enjoyment of their yards.

(3)

The relationship of building mass with the neighbors' accessories such as solar collectors and satellite antennas.

(c)

A second-story development is not subject to second-story plan review if at least one (1) of the following two (2) conditions is met:

(1)

A building permit is issued on the subject lot within ten (10) years of the recordation of the final subdivision map creating the subject lot, and providing that each adjacent residential lot meets at least one (1) of the following criteria:

(a)

The adjacent residential lot was created by a final subdivision map recorded within the past ten (10) years.

(b)

The adjacent residential lot is greater than one (1) acre in size and contains no dwelling units within forty (40) feet of any lot line abutting the subject lot.

(2)

All second-story portions of any dwelling unit on the subject lot meet the following setback provisions in relation to any adjacent residential lot:

(a)

Twelve (12) feet where no glazing other than fixed, translucent type is proposed.

(b)

Forty (40) feet where any clear glazing or decks/balconies are proposed. This 40-foot setback shall be measured from the outside edge of the deck or balcony to the respective property line.

(3)

The term "adjacent residential lot" as used in this subsection (c) means each lot zoned or used residentially, even if separated by an alley, that abuts the side or rear lot line of the subject lot, including those which touch only at a corner.