Chapter 9.54 — LH LIMITED HEIGHT OVERLAY ZONE

Note: Prior ordinance history: Ord. 80.

The purpose and intent of the limited height overlay zone is to provide a method to protect views and privacy in certain areas of the city where views are a significant property amenity, especially in areas

where the existing buildings are predominantly one story in height. The LH overlay only establishes regulations regarding heights of buildings. (Ord. 247 § 3, 1989; Ord. 862 § 2, 2022)

Notwithstanding any provision regarding building height regulations of the base zone, buildings in areas subject to the LH overlay shall not exceed sixteen feet in height, except as specified herein. (Ord. 247 § 3, 1989; Ord. 862 § 2, 2022)

The planning commission may permit an increase in the limited height up to twenty-six feet. In addition to any conditions placed on an application by the planning commission, all buildings over sixteen feet in height shall be so designed and constructed to meet all requirements of this overlay zone.

(Ord. 247 § 3, 1989; Ord. 862 § 2, 2022)

No portion of the building shall exceed sixteen feet in height as measured ten feet from any interior side lot line.

(Ord. 247 § 3, 1989; Ord. 862 § 2, 2022)

To provide protection of privacy, buildings over sixteen feet in height shall have no windows lower than sixty inches from the floor of the second story which face directly towards or directly overlook any interior side property line. In addition, evergreen trees that at maturity reach a height of at least twenty-five feet shall be planted in locations that protect privacy of the adjacent properties as determined by the city planner. The planning commission may deny or condition an application for height increase if it finds that such increase will result in undue invasion of privacy for adjacent properties. The planning commission may also add conditions for an approval to protect privacy. (Ord. 247 § 3, 1989; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

Buildings over sixteen feet in height shall be so designed as to protect views of neighboring properties. The planning commission may deny or condition an application for height increase if it finds that such increase will result in undue obstruction of view from neighboring properties. The planning commission may also add conditions for an approval to protect views. (Ord. 247 § 3, 1989; Ord. 862 § 2, 2022)

When making findings regarding privacy or view protection, the planning commission shall recognize that it is not possible or necessary that all privacy and views be maintained. The goal of these regulations is to provide sufficient safeguards so privacy is not unnecessarily invaded or views

unreasonably blocked to a point that the livability and value of surrounding properties is adversely impacted. (Ord. 247 § 3, 1989; Ord. 862 § 2, 2022)

The planning commission review of such an increase shall be made through a design review application. In making their determination, the planning commission shall consider the topography of the site, finished grading of the subject site, the heights of buildings on adjacent lots and general compatibility of such increase in height with other buildings in the immediate vicinity. (Ord. 247 § 3, 1989; Ord. 862 § 2, 2022)

In addition to requirements of the design review application, the applicant shall submit a graphic presentation showing all possible view obstructions and/or loss of privacy of neighboring properties. These graphics may be photographs, elevation plans, cross-sectional plans, grading plans, view projection plans, or any other graphics that will allow the planning commission to make an informed judgment.

(Ord. 247 § 3, 1989; Ord. 862 § 2, 2022)