5-10(C)   BUILDING HEIGHT

All development in the R-A, R-1, R-MC, R-T, and R-ML zone districts shall comply with the standards in this Subsection 14-16-5-10(C).

5-10(C)(1)   The building height shall not exceed the relevant heights shown in Table 5-10-1 or the maximum building height allowed by the zone district, whichever is less. The building heights in the table were determined based on the distance cardinally south from the northern property line and an angle plane of 32 degrees angle that allows 1 hour of Winter Solstice sunlight to hit at least 2 feet up on a southern-facing wall located 10 feet from the property line. Distances from the northern property line that were not whole numbers were rounded down, unless the decimal was .9 or more, in which case they were rounded up.

Table 5-10-1: Solar Rights Maximum Building Heights
Distance from Northern Lot Line, ft.	Maximum Building Height, ft.	Distance from Northern Lot Line, ft.	Maximum Building Height, ft.
0	8	26	24
1	8	27	25
2	9	28	25
3	10	29	26
4	10	30	27
5	11	31	27
6	12	32	28
7	12	33	28
8	13	34	29
9	13	35	30
10	14	36	30
11	15	37	31
12	15	38	32
13	16	39	32
14	17	40	33
15	17	41	33
16	18	42	34
17	18	43	35
18	19	44	35
19	20	45	36
20	20	46	37
21	21	47	37
22	22	48	38
23	22	49	38
24	23	50	39
25	23

 

5-10(C)(2)   The ZEO shall waive or adjust the provisions of Subsection (1) above if the ZEO finds that beneficial solar access can be protected for a lot to the north without compliance with the provisions of Subsection (1) because:

5-10(C)(2)(a)   The lot(s) to the north are large enough or higher in elevation than the lot to the south, so that there are many good locations for passive or active solar collector that would not be blocked by proposed construction that does not comply with the height restrictions of Subsection (1) above.

5-10(C)(2)(b)   The development on the lot(s) to the north is already served by as much solar collector area as is likely to ever be needed for that lot, and solar access to those collector surfaces will not be impaired by the proposed construction.

5-10(C)(2)(c)   In the R-A, R-1, R-MC, or R-T zone districts, the owner or builder proposing the height limit waiver has demonstrated that there will clearly not be a primary building on the lot to the north within 35 feet north of the proposed building.

5-10(C)(2)(d)   In the R-ML zone district, the owner or builder proposing the height limit waiver has demonstrated that there will clearly not be a primary building on the lot to the north within 45 feet north of the proposed building.

5-10(C)(2)(e)   The owner or builder proposing the height limit waiver is also the owner of the lot to the north and has indicated that no solar rights are necessary.

5-10(C)(2)(f)   In the R-A, R-1, R-MC, or R-T zone districts, the owner or building proposing the height limit waiver has demonstrated that there is public right-of-way over 35 feet in width north of the proposed building.

5-10(C)(2)(g)   In the R-ML zone district, the owner or building proposing the height limit waiver has demonstrated that there is public right-of-way over 45 feet in width north of the proposed building.