10-7-11: EXCEPTION TO HEIGHT LIMITATIONS AND SCREENING REQUIREMENTS:

Rooftop elements may be installed on the roof of a building structure in any zone. Flagpoles and windsocks shall be limited to twelve feet (12') above the lower of the maximum building height as allowed or as built. Elevator penthouses and stair enclosures shall be limited to eight feet (8') above the lower of the maximum building height as allowed or as built, unless a greater height is necessary to comply with the requirements of the U.S. Americans with Disabilities Act, as determined by the building official. All other rooftop elements shall be limited to six feet (6') above the lower of the maximum building height as allowed or as built. For renewable energy production systems, such as solar panels and wind turbines, the Land Use Authority may establish a greater height limit on Rooftop Elements than provided in this section and may modify the architectural screening requirements in sections 10-6A-12, 10-6C-12, and 10-6D-13, upon application by a property owner. In reviewing such an application, the Land Use Authority shall consider:

   A.   The benefits of the proposed renewable energy production system;

   B.   The necessity of granting an exception to the requirements of this section and sections 10-6A-12, 10-6C-12, and 10-6D-13, including the availability of alternate renewable energy equipment and installation locations; and

   C.   The impacts of granting an exception to the requirements of this section and sections 10-6A-12, 10-6C-12, and 10-6D-13, including:

      1.   Impacts upon views;

      2.   Visual impacts upon and harmony with surrounding natural areas and structures;

      3.   Impacts upon wildlife; and

      4.   Other relevant factors. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)