[Ord. No. 2974 §1(Art. 12 §181), 11-2-2004]
Subject to the provisions of Sections
400.633 (Cluster Subdivisions) and 400.635 (Architecturally Integrated Subdivisions), all lots in the following zones shall have at least the amount of area indicated in the following table:
Zone
|
Minimum Area
(square feet)
|
---|
R-1
|
5,000
|
R-2
|
5,000
|
R-3
|
3,000
|
R-4
|
8,000
|
C-1
|
6,000
|
C-2
|
6,000
|
C-3
|
6,000
|
C-4
|
no minimum
|
C-5
|
no minimum
|
M-1
|
no minimum
|
M-2
|
no minimum
|
[Ord. No. 2974 §1(Art. 12 §182), 11-2-2004]
A. Subject to Subsection
(B) and the provisions of Section
400.633 (Cluster Subdivisions) and Section
400.635 (Architecturally Integrated Subdivisions), every lot developed for residential purposes shall have the area per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.
|
Zone
|
Lot Minimum Area (square feet) per Dwelling Unit
|
---|
|
R-1
|
5,000
|
|
R-2
|
2,500
|
|
R-3
|
1,000
|
|
R-4
|
8,000
|
|
C-1
|
1,500
|
|
C-2
|
3,000
|
|
C-3
|
4,500
|
B. Two-family conversions and primary residences with an accessory apartment
shall be allowed only on lots having at least one hundred fifty percent
(150%) of the minimum square footage required for one (1) dwelling
unit on a lot in such district. With respect to multi-family conversions
into three- or four-dwelling units, the minimum lot size shall be
two hundred percent (200%) and two hundred fifty percent (250%) respectively
of the minimum required for one (1) dwelling unit.
[Ord. No. 2974 §1(Art. 12 §183), 11-2-2004]
A. No lot, except common ground or utility lot, may be created that
is so narrow or otherwise so irregularly shaped that it would be impracticable
to construct on it a building that:
1.
Could be used for any purposes that are permissible in that
zoning district; and
2.
Could satisfy any applicable setback requirements for the district.
B. Without limiting the generality of the foregoing standard, the following table indicates minimum lot widths that are recommended and are deemed presumptively to satisfy the standard set forth in Subsection
(A). The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot.
|
Zone
|
Lot Width
(in feet)
|
---|
|
R-1
|
50
|
|
R-2
|
50
|
|
R-3
|
50
|
|
R-4
|
80
|
|
C-1
|
none
|
|
C-2
|
50
|
|
C-3
|
70
|
|
C-4
|
100
|
|
C-5
|
100
|
|
M-1
|
100
|
|
M-2
|
100
|
C. No lot created after the effective date of these regulations that
is less than the recommended width shall be entitled to a variance
from any building setback requirement.
[Ord. No. 2974 §1(Art. 12 §184), 11-2-2004; Ord. No. 3002 §1, 6-7-2005; Ord.
No. 3176 §1, 8-21-2007; Ord. No. 3382 §1, 2-16-2010; Ord.
No. 3483 §1, 9-6-2011; Ord. No. 3483 §1, 9-6-2011]
A. Subject to Sections
400.628,
400.635 and
400.640 and the other provisions of this Section, no portion of any building or any freestanding structure may be located on any lot closer to any lot line or the street right-of-way line than is authorized in the provisions of this Section.
1.
The setback shall be measured from the lot boundary line.
2.
Corner lots shall have one (1) street identified as the front
and the other as the side at the discretion of the Zoning Administrator.
The street identified as the side shall have a minimum setback of
ten (10) feet.
3.
As used in this Section, the term "building" includes any substantial
structure which by nature of its size, scale, dimensions, bulk or
use tends to constitute a visual obstruction or generate activity
similar to that usually associated with a building. Without limiting
the generality of the foregoing, the following structures shall be
deemed to fall within this description:
a.
Gas pumps, overhead canopies, roofs, awnings and signs. Awnings
and signs affixed to a building or freestanding may overhang sidewalks
in a "C-1" zoning district without regard to the setback, subject
to the approval of the Administrator based upon reasonable safety
concerns.
b.
Fences along lot boundaries adjacent to public street rights-of-way
if such fences exceed six (6) feet in height or are substantially
opaque.
4.
Notwithstanding any other provision of these regulations, a
sign may be erected on or affixed to a structure that:
a.
Has a principal function that is something other than the support
of the sign (e.g., a fence); but
b.
Does not constitute a building as defined in these regulations,
only if such sign is located so as to comply with the setback requirement
applicable to freestanding signs in the district where such sign is
located.
|
Minimum Distance From
|
---|
|
Lot Boundary Line
(Building and Freestanding Sign)
|
---|
Zone
|
Building
|
Freestanding Sign
|
Side
|
Rear
|
---|
R-1
|
25
|
n/a
|
6
|
25
|
R-2
|
25
|
n/a
|
6
|
25
|
R-3
|
25
|
n/a
|
6
|
25
|
R-4
|
25
|
n/a
|
6
|
25
|
C-1
|
—
|
—
|
—
|
—
|
C-2
|
25
|
7.5
|
6
|
10
|
C-3
|
25****
|
7.5
|
6
|
10
|
C-4
|
40*
|
10**
|
6
|
10
|
C-5
|
60
|
10
|
6
|
10
|
M-1
|
40
|
25
|
20***
|
20***
|
M-2
|
40
|
25
|
20***
|
20***
|
Cluster Subdivision
|
20
|
n/a
|
5
|
5
|
*
|
|
**
|
|
***
|
Minimum setback shall be fifty (50) feet when abutting a residential
zoning district.
|
****
|
|
B. Whenever a lot in a non-residential district has a common boundary
line with a lot in a residential district and the property line setback
requirement applicable to the residential lot is greater than that
applicable to the non-residential lot, then the lot in the non-residential
district shall be required to observe the property line setback requirement
applicable to the adjoining residential lot.
C. Setback distances shall be measured from the property line or street
right-of-way line to a point on the lot that is directly below the
nearest extension of any part of the building that is substantially
a part of the building itself and not a mere appendage to it (such
as a flagpole, etc.).
D. Whenever a private road that serves more than four (4) lots or more
than four (4) dwelling units or that serves any non-residential use
tending to generate traffic equivalent to more than four (4) dwelling
units is located along a lot boundary, then:
1.
If the lot is not also bordered by a public street, buildings
and freestanding signs shall be set back from the centerline of the
private road just as if such road were a public street.
2.
If the lot is also bordered by a public street, then the setback
distance on lots used for residential purposes (as set forth above
in the column labeled "Minimum Distance from Lot Boundary Line") shall
be measured from the inside boundary of the traveled portion of the
private road.
E. Extension or enlargement of non-conforming structures in the "C-3"
zoning district on Springfield between Park and Mary Streets.
1.
Structures in this designated area that are currently dimensionally
non-conforming as of September 6, 2011, shall be allowed to add onto
those structures and maintain the existing front setback or ten (10)
feet whichever is greater.
2.
A survey of the property will be required to determine the setbacks
unless property corners have already been identified.
3.
The requirements of Article
XVIII Parking, Section
400.903 General Design Requirements shall be met.
4.
The regulations in Section
400.625 Building Setback Requirements (E) shall not apply to existing structures that as of September 6, 2011 meet the setback requirements of the "C-3" zoning district.
5.
All other regulations of this Code shall still be enforced.
[Ord. No. 2974 §1(Art. 12 §185), 11-2-2004]
A. All accessory buildings in residential districts (i.e., those established by Section
400.503) must comply with the street right-of-way and side lot boundary setbacks set forth in Section
400.625 (except paragraph 3 below), but (subject to the remaining provisions of this Subsection) shall be required to observe only a six (6) foot setback from rear lot boundary lines.
1.
Where the high point of the roof or any appurtenance of an accessory
building exceeds twelve (12) feet in height, the accessory building
shall be set back from rear lot boundary lines an additional two (2)
feet for every foot of height exceeding twelve (12) feet.
2.
Maximum lot coverage of principal and accessory buildings shall
not exceed forty percent (40%) of the lot.
3.
Portable vehicle shelters that are pre-engineered, open sided
structures are permitted as accessory buildings, if located a minimum
of one (1) foot on the side yard and five (5) feet behind the front
yard property line. Portable vehicle shelters must house an automobile
or pickup truck. The shelter may not be used for other storage purposes.
[Ord. No. 2974 §1(Art. 12 §186), 11-2-2004]
A. For purposes of this Section:
1.
The height of a building shall be the vertical distance measured
from the mean elevation of the finished grade at the front of the
building to the highest point of the building.
2.
A point of access to a roof shall be the top of any parapet
wall or the lowest point of a roof's surface, whichever is greater.
Roofs with slopes greater than seventy-five percent (75%) are regarded
as walls.
B. Subject to the remaining provisions of this Section, building height
limitations in the various zoning districts shall be as follows:
|
District
|
Height Limitation
(in feet)
|
---|
|
R-1
|
35
|
|
R-2
|
35
|
|
R-3
|
45
|
|
R-4
|
35
|
|
C-1
|
60
|
|
C-2
|
45
|
|
C-3
|
45
|
|
C-4
|
60
|
|
C-5
|
60
|
|
M-1
|
85
|
|
M-2
|
85
|
C. Subject to Subsection
(D), the following features are exempt from the district height limitations set forth in Subsection
(B):
1.
Chimneys, church spires, elevator shafts and similar structural
appendages not intended as places of occupancy or storage;
2.
Flagpoles and similar devices;
3.
Heating and air-conditioning equipment, solar collectors and
similar equipment, fixtures and devices.
D. The features listed in Subsection
(C) are exempt from the height limitations set forth in Subsection
(B) if they conform to the following requirements:
1.
Not more than one-third (1/3) of the total roof area may be
consumed by such features.
2.
The features described in Subdivision (C)(3) above must be set
back from the edge of the roof a minimum distance of one (1) foot
for every foot by which such features extend above the roof surface
of the principal building to which they are attached.
3.
The permit issuing authority may authorize or require that parapet
walls be constructed (up to a height not exceeding that of the features
screened) to shield the features listed in Subdivisions (C)(1) and
(3) from view.
E. Notwithstanding Subsection
(B), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any non-residential building or any multi-family residential building containing four (4) or more dwelling units may not exceed thirty-five (35) feet unless the Fire Chief certifies to the permit-issuing authority that such building is designed to provide adequate access for fire fighting personnel or the Building Inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.
F. Towers and antennas are allowed in all zoning districts to the extent
authorized in the Table of Permissible Uses, use classification 18.000.
[Ord. No. 2974 §1(Art. 12 §187), 11-2-2004]
A. In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required by Section
400.618 if such developer complies with the provisions of this Section and if the lots so created are not smaller than the minimums set forth in the following table:
|
Zoning District
(Single-family)
|
Minimum Lot Area
|
---|
|
R-1
|
4,000
|
|
R-2
|
4,000
|
|
R-3
|
2,000
|
|
R-4
|
6,000
|
B. The intent of this Section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by Section
400.618. Consequently, if the proposed lot sizes are equal to or greater than the size allowed in Section
400.618, this Section does not apply.
C. The amount of usable space that must be set aside shall be determined
by:
1.
Subtracting from the standard square footage requirements set forth in Section
400.618 and the amount of square footage of each lot that is smaller than that standard;
2.
Adding together the results obtained in (1) for each lot.
D. The provisions of this Section may only be used if the usable open space set aside in a subdivision comprises at least ten thousand (10,000) square feet of space that satisfies the definition of usable open space set forth in Section
400.660 and if such usable open space is otherwise in compliance with the provisions of Article
XIII.
E. The setback requirements of Sections
400.625 and
400.628 shall apply in cluster subdivisions.
[Ord. No. 2974 §1(Art. 12 §188), 11-2-2004]
A. In any architecturally integrated subdivision, the developer may
create lots and construct buildings without regard to any minimum
lot size, lot width or setback restrictions except that:
1.
Lot boundary setback requirements shall apply where and to the
extent that the subdivided tract abuts land that is not part of the
subdivision; and
2.
Each lot must be of sufficient size and dimensions that it can
support the structure proposed to be located on it, consistent with
all other applicable requirements of these regulations.
B. The number of dwelling units in an architecturally integrated subdivision may not exceed the maximum density authorized for the tract under Section
400.620.
C. To the extent reasonably practicable, in residential subdivisions the amount of land "saved" by creating lots that are smaller than the standards set forth in Section
400.618 shall be set aside as usable open space.
D. The purpose of this Section is to provide flexibility, consistent
with the public health and safety and without increasing the overall
density, to the developer who subdivides property and constructs buildings
on the lots created in accordance with a unified and coherent plan
of development.
[Ord. No. 2974 §1(Art. 12 §189), 11-2-2004]
A. Subject to the other provisions of this Section, if:
1.
Any portion of a tract lies within an area designated on any
officially adopted City plan as part of a proposed public park, greenway,
roadway or bikeway; and
2.
Before the tract is developed, the owner of the tract, with
the concurrence of the City, dedicates to the City that portion of
the tract so designated, then when the remainder of the tract is developed
for residential purposes, the permissible density at which the remainder
may be developed shall be calculated in accordance with the provisions
of these regulations.
B. If the proposed use of the remainder is a single-family detached residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of Sections
400.633 and
400.635 except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the City in accordance with Subsection
(A).
C. If the proposed use of the remainder is a two-family or multi-family
project, then the permissible density at which the remainder may be
developed shall be calculated by regarding the dedicated portion of
the original lots as if it were still part of the lot proposed for
development.
D. If the portion of the tract that remains after dedication as provided in Subsection
(A) is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus" provided for in Subsections
(B) and
(C).
[Ord. No. 3382 §2, 2-16-2010]
A. As used in this Section, the terms "zero (0) lot line lot" or "zero (0) lot line" is a lot created with no
side yard setback on one (1) or more sides of the lot. This may be
used to divide two (2) or more units where the common wall between
the units is determined to be the common boundary line to create two
(2) or more separate attached single-family dwelling units. Although
each unit is located on a separate lot, this development shall be
classified as a multi-family housing development and is subject to
all the standards of this Section.
B. Multi-Family Housing Development Layout And Design.
1.
Zero (0) lot lines shall apply only to side setbacks that serve as common walls between units. Front, rear and side yard setbacks shall comply with existing requirements of Section
400.625.
2.
Zero (0) lot line lots may be less than the minimum acreage
for the zoning district as long as the development does not exceed
the maximum density for the zoning district.
3.
With approval from the Engineering Department, zero (0) lot
line lots may be allowed for attached units only according to the
following regulations:
a.
Detached single-family homes shall not be allowed on lots with
zero (0) setbacks.
b.
Common walls shall be attached a minimum sixty percent (60%)
of the length of the entire building wall.
c.
Preliminary plat for a zero (0) lot line development shall show
building footprints for the development.
d.
Covenants and restrictions shall be submitted prior to final
approval and shall include a maintenance agreement and appearance
standards for the owners of all zero (0) lot line parcels to ensure
equal and reasonable maintenance and repair schedules are conducted
for all single-family attached residential units.
e.
An eight (8) foot maintenance easement, four (4) feet on each
side of any zero (0) lot line side property line to allow for normal
maintenance of each single-family attached residential unit, shall
be shown on the final plat. This shall apply only to the exterior
portion of the building.