1.

Within the Griffin Overlay District, there shall be three development tiers for the purpose of establishing allowable building heights (See Figures 722.1, 722.2, and 722.3).

a.

All buildings within the Griffin Overlay District shall be a minimum of two stories tall and 28 feet in height except for single-family detached houses and commercial buildings in the neighborhood tier.

b.

Single-family attached townhomes or live/work units in all of the development tiers shall not exceed three stories or 45 feet, whichever is less.

c.

Buildings in the Corridor tier and Village tier shall be permitted to exceed the maximum building height limit established in Table 7.5 and Table 7.6 below based on bonuses. Mixed use buildings are permitted to use more than one of the bonuses established below up to the maximum established in Table 7.5 and Table 7.6. Other buildings can only employ one bonus option. Bonuses can be granted, provided the building meets one or more of the following:

i.

Buildings are permitted to add one additional story if 15 percent of the total number of residential units within a development of 15 units or more are priced for "workforce housing" or moderate income households, as defined by HUD;

ii.

Commercial, mixed use and multi-family developments are permitted to add one additional story to each building on a given lot if a contiguous publicly accessible open space, not including on-street parking and public sidewalks along roadways, comprising at least 15 percent of the development, is provided; or

iii.

Commercial, mixed use and multi-family buildings fronting Hill Street, Broad Street and Broadway Street are permitted to add one additional story to the respective building if 75 percent or more of the ground-floor space is used for retail or service commercial uses with storefronts oriented toward a public street.

iv.

Exception: Height averaging shall be employed if the new development is located between two contributing buildings. The average height of all the buildings in one block shall be used.

d.

The maximum building height with any combination of height bonuses listed above shall be dependent upon building use according to the charts below. Special land use permits and variances shall not alter or allow structures taller than the maximum building heights provided herein within the Griffin Overlay District:

i.

Exception: A building up to eight stories or 100 feet may be allowed by special permit by the board of commissioner but must employ a step-back design over five stories which preserves the perception of the height from street level. The planning and zoning board will review the special permit request based on:

a.

Proximity to commuter rail station:

i.

½ mile: Seven stories or 90 feet.

ii.

¼ mile: Eight stories or 100 feet.

iii.

Figure 722.3-A on the Mixed-Use Corridor Tier Summary shows the parcels within either a ½ mile or ¼ from the proposed commuter rail station. If a parcel is cut by the radius line the owner may request the maximum height allowed at that for the entire parcel. The Planning and Zoning Board has the right to approve or deny this request.

b.

Other factors:

i.

Distance from contributing buildings

ii.

Approval of the increased height is consistent with the purpose and intent of this ordinance

iii.

The increased height will not violate an established view corridor.

e.

Transitional height planes. Where a lot on the external boundary of the Griffin Overlay District is used for nonresidential purposes and adjoins the boundary of any property outside the district that is zoned for any residential classification without an intervening street, height within the tier shall be limited as follows: No portion of any structure shall protrude through a height limiting plane beginning 35 feet above the buildable area boundary nearest to the common residential district boundary and extending inward over the commercial subarea at an angle of 45 degrees. In addition, when a new development in the corridor tier abuts a property in the neighborhood tier used as residential, the transitional height plane shall apply.