A.Â
Purpose and intent. The purpose of Article XI of this chapter is to:
(1)Â
Provide a framework for enabling legislation to aid in the creation
of various overlay zoning districts, each with special regulations,
requirements and standards;
(2)Â
Provide a description of special regulations, requirements and standards
associated with each overlay zoning district; and
(3)Â
Provide guidelines for the application of each overlay zoning district
created to assure conformity with the purpose and development objectives
of the applicable overlay zoning district.
B.Â
General provisions.
(1)Â
This Article XI of this chapter establishes overlay zoning districts that include additional specific regulations, requirements and standards of limited application to certain designated areas within Paxtang Borough.
(2)Â
Overlay zoning districts provide additional considerations for development within specific designated areas of Paxtang Borough that are identified as possessing special and/or unique conditions, characteristics, circumstances and/or resources of importance, interest and/or value to Paxtang Borough. Such overlay zoning districts are established for the purposes of protecting the health, safety and general welfare, and furthering the community development objectives set forth in Article I of this chapter relating to purpose of enactment.
(3)Â
Overlay zoning districts may encompass one or more applicable underlying
or base zoning districts and impose additional or different regulations,
requirements and standards than those which are required by the applicable
underlying or base zoning districts.
(4)Â
Applications for development are subject to the provisions of both
the applicable underlying or base zoning district and the overlay
zoning district.
(5)Â
Although overlay zoning districts may be more or less restrictive than the applicable underlying or base zoning district, unless otherwise specified in this Article XI of this chapter, wherever and whenever the regulations, requirements, and standards of overlay zoning districts are at variance with the regulations, requirements and standards of the applicable underlying or base zoning districts, the most restrictive or that imposing the higher standards shall govern development.
C.Â
Overlay zoning districts established. The following overlay zoning districts as set forth in Table 11-1 and associated special regulations, requirements and standards are hereby established, and the respective overlay zoning districts are shown on the "Borough of Paxtang, Dauphin County, PA: Zoning Map" listed in Article III of this chapter relating to Zoning Map: CI.
A.Â
Application. The regulations and standards contained in this section
shall apply to all applications for development within the Airport
Overlay Zoning District of Paxtang Borough to:
B.Â
Purpose and intent. The purpose of the Airport Overlay Zoning District
is to:
(1)Â
Create an overlay zoning district that considers safety issues around
the Capital City Airport (CXY);
(2)Â
Regulate and restrict the heights of established uses, constructed
structures and objects of natural growth;
(3)Â
Create appropriate related zones, establishing the boundaries thereof
and providing for changes in the restrictions and boundaries of such
zones; and
(4)Â
Create a permitting process for certain uses, structures and objects
within said related zones.
C.Â
Relation to other zoning districts. The Airport Overlay Zoning District
shall not modify the boundaries of any other overlay zoning district.
Where identified, the Airport Overlay Zoning District shall impose
certain requirements on land use, construction and development in
addition to those contained in the applicable underlying or base zoning
district and/or applicable overlay zoning district for the same area.
D.Â
Establishment of airport zones. The Airport Overlay Zoning District is hereby established and certain zones within the Airport Overlay Zoning District, defined in Article II of this chapter relating to Definitions and depicted on Figure 11.1[1] and illustrated on "Borough of Paxtang, Dauphin County, PA: Zoning Map" listed in Article III of this chapter relating to Zoning Map, as follows:
(1)Â
Approach Surface Zone.
(2)Â
Conical Surface Zone.
(3)Â
Horizontal Surface Zone.
(4)Â
Primary Surface Zone.
(5)Â
Transitional Surface Zone.
[1]
Editor's Note: Figure 11.1 is attached to this chapter.
E.Â
Permit applications.
(1)Â
As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), proposals for applications to: a) erect a new structure; b) add to or increase the height of an existing structure; or c) establish, erect and/or maintain any use, structure or object (natural or man-made) in the Airport Overlay Zoning District (APO), shall first notify PennDOT's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. PennDOT's BOA response shall be included with this permit application for it to be considered complete. If PennDOT's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this section, Airport Overlay Zoning District. If PennDOT's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F below.
(2)Â
Exceptions. In the following circumstances, notification of an approval
by PennDOT's Bureau of Aviation (BOA) shall not be required:
(a)Â
No permit is required for the routine maintenance and repairs
to, or the replacement of, parts of existing structures which do not
enlarge or increase the height of an existing structure.
(b)Â
In the areas lying within the limits of the horizontal zone
and/or conical zone, no permit shall be required for any tree or structure
less than 185 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(c)Â
In the areas lying within the limits of the approach zones,
but at a horizontal distance of not less than 4,200 feet from each
end of the runway, no permit shall be required for any tree or structure
less than 185 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(d)Â
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zones, no permit shall be required
for any tree or structure less than 185 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour or topographic feature, would extend above the height
limit prescribed for such transition zones.
(e)Â
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction or
alteration of any structure or growth of any tree in excess of any
of the height limits established by this Airport Overlay Zoning District,
except that no permit is required to make maintenance repairs to,
or to replace parts of, existing structures which do not enlarge or
increase the height of an existing structure.
F.Â
Variances. In addition to the provisions set forth in Article XVII of this chapter relating to the Zoning Hearing Board, any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the Federal Aviation Administration's (FAA) and PennDOT's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1)Â
No objection. The subject construction is determined to not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination a variance shall be granted.
(2)Â
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection I below.
(3)Â
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied,
and the reasons for this determination shall be outlined to the applicant.
Such requests for variances shall be granted where it is duly found
that a literal application or enforcement of the regulations will
result in unnecessary hardship and that relief granted will not be
contrary to the public interest, will not create a hazard to air navigation,
will do substantial justice, and will be in accordance with the purpose
and intent in this section.
G.Â
Use restrictions. Notwithstanding any other provisions in this section,
no use shall be made of land, water or structure within the Airport
Overlay Zoning District in such a manner as to:
(1)Â
Create electrical interference with navigational signals or radio
communications between the airport and aircraft;
(2)Â
Make it difficult for pilots to distinguish between airport lights
and others;
(3)Â
Impair visibility within the Airport Overlay Zoning District of Paxtang
Borough;
(4)Â
Create bird strike hazards; or
(5)Â
Otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft utilizing the airport(s).
H.Â
Nonconforming uses, structures and/or trees. The regulations prescribed by this section shall not be construed to require the removal, lowering or otherwise change to or alteration of any use, structure and/or tree identified as nonconforming to the regulations of this section as of the effective date of this chapter, or to otherwise interfere with the continuance of a nonconforming use, structure and/or tree. No nonconforming use or structure shall be altered, nor tree permitted to grow higher, so as to increase the nonconformity (relating to height and the use restrictions set forth in this section). A nonconforming use, structure or tree, once abandoned or damaged or destroyed as per to the standards in Article XV of this chapter relating to existing nonconforming uses and structures, may only be reestablished consistent with the provisions of this section and Article XV of this chapter relating to existing nonconforming uses and structures.
I.Â
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this section and Article XVII of this chapter may be conditioned according to the process described in Subsection F above to require the owner of the structure or object of natural growth in question to permit the Borough, at its own expense, or require the person requesting the permit or variance, to install, operate and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
See Chapter 220, Floodplain Management, of the Code of the Borough of Paxtang, relating to floodplains.
A.Â
Application. The regulations, standards and guidelines contained
in this section shall apply to applications for new development activity,
specifically including but not limited to new uses, replacement, infill
and redevelopment within the Development Compatibility Standards Overlay
Zoning District of Paxtang Borough, unless otherwise noted in this
chapter.
B.Â
Purpose and intent. The purpose of the Development Compatibility
Standards Overlay Zoning District is to:
(1)Â
Protect and enhance the development patterns and characteristics
of well established neighborhoods and other important character areas
in Paxtang Borough by accommodating applications for new development
activity, specifically including but not limited to new uses, replacement,
infill and redevelopment that are consistent and compatible with the
character and scale of the established development patterns and distinctive
features of the neighborhoods and other important character areas
via the development compatibility design guidelines and standards
set forth in this section below.
(2)Â
Address the purposes, objectives and standards of Article VII-A of
the MPC.
(3)Â
Provide a manual of written and graphic design guidelines to assist
applicants in the preparation of proposals for new development activity
specifically including but not limited to new uses, replacement, infill
and redevelopment in accordance with Section 708-A of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10708-A.
C.Â
Boundaries. The boundaries of the Development Compatibility Standards Overlay Zoning District are hereby established as shown on the Borough of Paxtang, Dauphin County, PA: Zoning Map listed in Article III of this chapter relating to the Zoning Map.
D.Â
Permitted uses. Proposals for applications for new development activity,
specifically including but not limited to new uses, replacement, infill
and redevelopment, shall be permitted in accordance with the regulations
of the applicable underlying or base zoning district, provided that
all such uses, activities and/or development shall be undertaken in
compliance with the development compatibility design guidelines and
standards set forth in this section below.
E.Â
Application of development compatibility design guidelines and standards.
The development compatibility design guidelines and standards are
enabled by Section 708-A of the MPC as the manual of written and graphic
design guidelines.
(1)Â
These development compatibly design guidelines and standards provide
the Borough officials, residents, business owners, developers, builder,
and other interested parties with a written and visual set of compatibility
design standards and characteristics prevalent in and important to
the protecting and enhancing of the established development patterns
and features of neighborhoods and important character areas in Paxtang
Borough.
(2)Â
These design guidelines and standards provide the desired direction
for applications for new development , specifically including but
not limited to new uses, replacement, infill and redevelopment within
neighborhoods and other important character areas in Paxtang Borough
to ensure consistency and compatibility between new development, including
new uses, replacement, infill and redevelopment, and established building
and development types, styles and, patterns.
(3)Â
In addition to the general building and land requirements set forth
elsewhere in this chapter, proposals for development shall be consistent
with the compatibility design standards and guidelines set forth in
this section. If a design guideline or standard is not specifically
indicated in these compatibility design guidelines and standards,
refer to the most recent version of the Paxtang Borough Comprehensive
Plan and/or other applicable plans adopted by Paxtang Borough, for
additional information.
(4)Â
These compatibility design guidelines and standards highlight important
design characteristics relating to buildings and land development
via written standards and visual images which are intended to provide
guidance and inspiration for implementing the desired design concepts
set forth in the most recent version of the Paxtang Borough Comprehensive
Plan and/or other applicable plans adopted by Paxtang Borough. The
images and visual examples of these design guidelines and standards
are provided for general illustrative purposes only and shall not
be construed to be operative language of the chapter. The written
standards of these design guidelines and standards shall take precedence
over the images and visual examples, and therefore govern.
(5)Â
Applications for zoning and/or building permits.
(a)Â
Limited applicability and compliance. The applicability of specific
development compatibility design guidelines and standards are limited
only to those specific guidelines and standards relating to and affecting
the specific building and development features proposed, listed on,
and applied for as part of a zoning and/or building permit application.
[1]Â
Example 1: If an applicant for a zoning/building permit proposes
to only enclose a front porch on an existing one-story building used
for a single-family residential dwelling and which is located on a
block and surrounded by three-story buildings, the only development
compatibility design guidelines and standards that would apply would
be limited to front porch enclosures only.
[2]Â
Example 2: If an applicant for a zoning/building permit proposes
to construct a new building to be used for a medical office on a vacant
lot located on a block and surrounded by three-story buildings, then
the development compatibility design guidelines and standards that
would apply would include and not be limited to: building setbacks;
building height; building orientation; building facades; building
roofs; building footprint; lot access and parking; nonresidential
uses within an enclosed building; refuse and servicing facilities;
and hours of operation.
(b)Â
In addition to the information required in Article XVII of this chapter, applications for new development activity, specifically including but not limited to new uses, replacement, infill and redevelopment in the Development Compatibility Standards Overlay Zoning District, shall be submitted with the following information unless the Zoning Officer determines such information is unnecessary to determine compliance with this section:
[1]Â
A complete set of calculations (e.g., required building setbacks,
building heights, lot access, etc.) used to determine and demonstrate
compliance with all applicable standards set forth in this section
below and the applicable underlying or base zoning district in which
it is situated.
[2]Â
A schematic architectural drawing of the principal building's
proposed front facade(s).
(6)Â
Development compatibility design guidelines and standards. Specific
building and development compatibly design guidelines and standards
shall apply to the following features:
(a)Â
Front building setback.
(b)Â
Building height.
(c)Â
Building orientation.
(d)Â
Building facade.
(e)Â
Building roof.
(f)Â
Reuse of existing or formerly residential building.
(g)Â
Building footprint.
(h)Â
Fire escape.
(i)Â
Lot access and parking.
(j)Â
Residential garage location and design.
(k)Â
Nonresidential uses within an enclosed building.
(7)Â
If new development activity, specifically including but not limited to new uses, replacement, infill and redevelopment in the Development Compatibility Standards Overlay Zoning District cannot to the maximum extent feasible be designed in accordance with the applicable standards in this section, the applicant shall demonstrate by credible evidence that the new development cannot to the maximum extent feasible be designed due to structural limitations of the building(s) and structure(s) and/or physical limitations and constraints of the lot. Persons aggrieved by the Zoning Officer's determination may appeal to the Zoning Hearing Board in accordance with Article XVII of this chapter relating to the Zoning Hearing Board.
F.Â
Front building setback.
(1)Â
Front building setbacks on the lot proposed for development shall
respect and maintain the predominant development pattern, context
and character of the principal buildings and other features on the
abutting lots and, to the maximum extent feasible, shall incorporate
the predominant character of the majority of the existing principal
buildings on the same shared block face (between two intersecting
streets) along the same side of the street.
(2)Â
For a lot proposed for development, the distance that the front of
the principal building is set back from the street right-of-way shall
be similar to the distances between an existing principal building
and the street right-of-way on abutting lots in accordance with the
following standards:
(a)Â
Identify the existing principal building on each lot abutting
the lot proposed for development.
(b)Â
Calculate the distances that the existing principal buildings
are set back from the street rights-of-way line(s) on the abutting
lots.
[1]Â
If an abutting lot is vacant, the required building setback
of the abutting vacant lot shall be assumed to be the front building
setback standards required in the applicable underlying or zoning
district in which it is situated.
[2]Â
For corner lots, the standards set forth in this subsection
shall be calculated using each abutting lot, which includes those
abutting lots having frontage on and the existing principal buildings
oriented toward the intersecting street.
(c)Â
The front building setback for the building on the lot proposed
for development shall be no closer toward (minimum) and no farther
away from (maximum) the street right-of-way than the front building
line of existing buildings on abutting lots, unless all buildings
on the abutting lots have the same building setback distance.
[1]Â
Covered front porches shall be permitted to fulfill this requirement.
(d)Â
No building shall extend into any street right-of-way.
(3)Â
Front building setback graphic examples.
(e)Â
Figure 11.6, Typical Front Setback Conditions.
Example 1: Front Setback Calculation for Lot B.
| ||
Lot A and Lot C abut Lot B
| ||
Lot A front setback = 0 feet
| ||
Lot C front setback = 0 feet
| ||
Since Lot A (0 feet) and Lot C (0 feet) have the same front
setback, then Lot B shall have the same front setback (0 feet)
| ||
Front building setback for Lot B = 0 feet
|
Example 2: Front Setback Calculation for Lot E.
| ||
Lot D and Lot F abut Lot E
| ||
Lot D front setback = 10 feet
| ||
Lot F front setback = 15 feet
| ||
Since Lot D (10 feet) and F (15 feet) have different front setbacks,
then Lot E shall be no closer than 10 feet (minimum) and no further
than 15 feet (maximum) from the street right-of-way.
| ||
Front building setback for Lot E = 10 feet minimum and
15 feet maximum
|
G.Â
Building height.
(1)Â
Roof heights, cornice lines, eaves, parapets and porches of the principal
building on the lot proposed for development shall respect and maintain
the predominant development pattern, context and character of the
principal buildings and other features on the abutting lots and, to
the maximum extent feasible, shall incorporate the predominant character
of the majority of the existing principal buildings on the same shared
block face (between two intersecting streets) along the same side
of the street.
(2)Â
For a lot proposed for development, the height of the principal building
shall be similar to those principal building heights (in stories and/or
feet) for existing principal buildings on abutting lots in accordance
with the following standards:
(a)Â
Identify the existing principal building on each lot abutting
the lot proposed for development.
(b)Â
Calculate the average number of stories and/or feet of the heights
of the existing principal buildings on the abutting lots.
[1]Â
If an abutting lot is vacant, the number of stories for an abutting
vacant lot shall be assumed to be one story, unless the building height
standards defined in the applicable underlying or base zoning district
in which it is situated have a different minimum building height,
in which case, the number of stories shall be that required by the
applicable underlying or base zoning district.
[2]Â
For corner lots, the standards set forth in this subsection
shall be calculated using each abutting lot, which includes those
abutting lots having frontage on and the existing principal buildings
oriented toward the intersecting street.
[3]Â
When determination of the number of stories and/or feet results
in a requirement of a fraction, any fraction up to and including 1/2
may be disregarded, and fractions over 1/2 shall be interpreted as
one story or one foot, as applicable.
[4]Â
The height of the principal building shall not have less stories
and/or height in feet than the shortest principal building on the
abutting lots, and shall not have more stories and/or height in feet
than the tallest existing building on abutting lots.
H.Â
Building orientation.
(1)Â
Principal building orientation on the lot proposed for development
shall respect and maintain the predominant development pattern, context
and character of the principal buildings and other features on the
abutting lots and, to the maximum extent feasible, shall incorporate
the predominant orientation and character of the majority of the existing
principal buildings on the same shared block face (between two intersecting
streets) along the same side of the street.
(2)Â
Unless otherwise noted in this section, for a lot proposed for development,
the orientation and location of the main or everyday front entrance,
doors, porches, stoops and/or windows for the principal building shall
be similar to the orientation and location of the main or everyday
front entrance, doors, porches, stoops and/or windows on existing
principal buildings on abutting lots in accordance with the following
standards:
(a)Â
Interior lots. Principal buildings shall have their primary
front facades, provided with a main or everyday front entrance, doors,
porches, stoops and/or windows, oriented toward and facing the public
street, excluding alleys.
(b)Â
Corner lots. Principal buildings on lots abutting more than
one public street shall have their primary front facades, provided
with a main or everyday front entrance, doors, porches, stoops and/or
windows, oriented towards and facing (in order of preference):
(c)Â
Lots abutting Derry Street or Paxtang Avenue. Principal buildings
on lots abutting Derry Street and/or Paxtang Avenue shall have their
primary front facades, provided with a main or everyday front entrance,
doors, porches, stoops and/or windows, oriented toward and facing
Derry Street and/or Paxtang Avenue in accordance with the following
standard:
[1]Â
Interior lots. Principal buildings shall have their primary
front facades, provided with a main or everyday front entrance, doors,
porches, stoops and/or windows, oriented toward Derry Street and/or
Paxtang Avenue.
[2]Â
Corner lots. Principal buildings on lots fronting on more than
one public street shall have their primary front facades, provided
with a main or everyday front entrance, doors, porches, stoops and/or
windows, oriented towards and facing (in order of preference):
[a]Â
Both Derry Street and Paxtang Avenue and the intersecting
street, excluding alleys; or
[b]Â
The corner with one entrance located at and oriented
toward the corner with an appropriate building feature or detail,
such as a covered front porch, chamfered corner, turret, canopy or
other similar building feature.
(d)Â
In the event that a principal building's main or everyday front
entrance is not located on the building facade facing the public street,
excluding alleys, said facade should be designed to appear to have
a main or everyday front entrance, doors, porches, stoops and/or windows,
and other architectural details similar to those found on the actual
main entrance.
I.Â
Building facade.
(1)Â
Building facades on the lot proposed for development shall respect
and maintain the predominant development pattern, context and character
of the principal buildings and other features on the abutting lots
and, to the maximum extent feasible, shall incorporate the predominant
character of the majority of the existing principal buildings on the
same shared block face (between two intersecting streets) along the
same side of the street.
(2)Â
For a lot proposed for development, the facade of principal building
shall be similar to those building facades for existing principal
buildings on abutting lots in accordance with the following standards:
(a)Â
Blank walls on building facades shall not be permitted.
[1]Â
A minimum of 50% of the first floor of a new building's facade(s)
shall include some combination of the main or everyday entrance, windows,
porches, stoops and overhangs, and/or balconies. Door frames and window
frames and shutters shall be permitted to fulfill this requirement.
[2]Â
Glass shall have a minimum light transmittance of 70%. Stained,
ornamental or privacy glass is exempted.
(b)Â
Where a new principal building is proposed to have a facade
greater than 45 feet in width, such facade shall incorporate recesses,
projections, different facade materials, colors and/or designs, and/or
different rooflines and roof pitches, to reduce the effect of a monotonous
blank wall appearance.
[1]Â
In the DT Zoning District, all facades of new principal buildings
shall have their main or everyday front entrance accentuated and provided
with some weather protection. Permitted entrance types include: recessed
or protruding covered porch, canopy, awning, portico or overhang.
(c)Â
In the mixed use districts, where a new principal building is
proposed at least 75% of the facade shall be located on the required
front building setback line. Covered front porches shall be permitted
to fulfill this requirement.
J.Â
Building roof.
(1)Â
Principal building roofs on lots proposed for development shall respect
and maintain the predominant development pattern, context and character
of the principal buildings and other features on the abutting lots
and, to the maximum extent feasible, shall incorporate the predominant
character of the majority of the existing principal buildings on the
same shared block face (between two intersecting streets) along the
same side of the street.
(2)Â
For a lot proposed for development, the roof of the principal building
shall be similar to those building roofs for existing principal buildings
on abutting lots in accordance with the following standards:
(a)Â
Principal buildings in residential districts shall have a pitched
roof with a conventional slope or steep slope of no less than 4/12.
(b)Â
Principal buildings in the PAC, TN and MNB Zoning Districts
shall have a pitched roof with a conventional slope or steep slope
of no less than 6/12.
(c)Â
Principal buildings in the DT Zoning District may have a flat
roof, but if a pitched roof is proposed, then the pitched roof shall
have a conventional slope or steep slope of no less than 6/12.
K.Â
Reuse of existing or formerly residential building.
(1)Â
Modification of existing or formerly residential building.
(a)Â
In addition to other standards of this chapter, for the reuse
of existing or formerly residential buildings for all permitted nonresidential-use,
multifamily-dwelling-use and mixed-use establishments, the existing
or formerly residential building shall maintain an exterior appearance
that resembles and is compatible with any existing residential dwellings
and residential buildings in the neighborhood. No modifications or
alterations to the external appearance of building facades which would
alter its existing or formerly residential character shall be permitted,
except for permitted signs, front porch enclosures, provided for in
this subsection below, fire and safety requirements, etc.
[1]Â
Building modifications shall occur to the rear and/or nonpublic
street, excluding alleys, side of the existing principal building.
(b)Â
Covered front porch enclosures. Front porch enclosures shall
comply with the following standards:
[1]Â
The applicant shall demonstrate that expansion to the rear and/or
side of the existing principal building, including enclosing any side
and rear porches, is not feasible.
[2]Â
Front porch enclosures shall be limited to the existing front
porch footprint.
[3]Â
Front porch enclosures shall include the use of glass or screens
that leave intact the original elements of the porch including: the
percentage of open area (including windows and doors) to percentage
of structural area (solid wall space), as well as the railings, transoms,
columns and roof.
[4]Â
Front porch enclosures shall include the use of materials and
colors that are consistent and compatible with the principal building.
[5]Â
Multiple-story front porch enclosures shall not be permitted.
(2)Â
L.Â
Building footprint.
(1)Â
Building footprints on lots proposed for development shall respect
and maintain the predominant development pattern, context, and character
of the principal buildings and other features on the abutting lots,
and when to the maximum extent feasible, shall incorporate the predominant
character of the majority of the existing principal buildings on the
same shared block face (between two intersecting streets) along the
same side of the street.
(2)Â
For a lot proposed for development, the building footprint of a new
principal building shall be similar to the building footprint of existing
principal buildings on adjacent lots on the same shared block face
(between two intersecting streets) along the same side of the street
in accordance with the following standards:
(a)Â
Principal buildings in the:
[1]Â
Residential districts shall have a maximum building footprint
of not more than 3,000 square feet.
[2]Â
PAC, TN and MNB Zoning Districts shall have a maximum building
footprint of not more than 6,000 square feet.
[3]Â
DT Zoning District shall have a maximum building footprint of
not more than 12,000 square feet.
M.Â
Fire escape.
(1)Â
For a lot proposed for development, the location of fire escapes
on the exterior of principal buildings shall be similar to those fire
escape locations for existing principal buildings on abutting lots
in accordance with the following standards:
(a)Â
Fire escape locations shall respect and maintain the predominant
development pattern, context and character of the principal buildings
and other features on the abutting lots and, to the maximum existent
feasible, shall incorporate the predominant character of the majority
of the existing principal buildings on the same shared block face
(between two intersecting streets) along the same side of the street.
(b)Â
Fire escapes, where required to be mounted on the exterior of
the building, shall be located (in order of preference):
N.Â
Lot access and parking.
(1)Â
Where a lot proposed for development abuts an alley and where the
majority of the existing principal buildings on the same shared block
face (between two intersecting streets) along the same side of the
street take access from the alley and have parking to the rear of
the lot, then new lot access and parking areas shall be provided in
a similar manner and location.
(a)Â
Lot access shall be provided at the rear of lots from the alley
for those lots abutting alleys.
(b)Â
For lots abutting alleys, no new curb cut for a driveway or
access drive shall be provided along a public street, excluding alleys.
(c)Â
In the mixed use districts, for a lot proposed for development
and abutting an alley, required off-street parking lots and areas
shall:
[1]Â
To the maximum extent feasible, be provided to the rear of the
principal building first. If not feasible, then they may be located
in the side yard behind the facade of the principal building;
[2]Â
Not be located in the front yard between the principal building
and the public street, excluding alleys.
[4]Â
In the case of a corner lot, not be located at or adjacent to
the intersection of two streets.
(2)Â
For a lot proposed for development that does not abut an alley, or for a lot proposed for development that abuts an alley where the majority of the existing adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street have access to the public street from the front of the lot, new lot access may be taken from the front of the lot via curb cuts for access drives and driveways in accordance with Article XIV of this chapter relating to driveways and access drives and the standards below:
(a)Â
Where sidewalks are installed, the access drive or driveway
surfacing shall end at the building side of the sidewalk and on the
street side of the sidewalk, such that no access drive or driveway
surfacing shall extend over the sidewalk area.
(b)Â
No nonresidential off-street parking lots or areas shall be
located in the front yard between the principal building and the public
street, excluding alleys.
(3)Â
Lot access and parking graphic examples.
O.Â
Residential garage location and design.
(1)Â
To the maximum extent feasible, residential dwelling units shall
be designed so that garages or carports are not an overly prominent
part of the view from public street rights-of-way. For purposes of
this section, the term "garage door" shall also include a carport's
front entry opening, unless otherwise specified in this chapter.
(2)Â
For a lot proposed for development, the location and design of accessory
garages and carports serving residential uses and dwelling units shall
be provided in a similar manner and location to existing accessory
garages and carports on abutting lots and in accordance with the following
standards:
(a)Â
Within the mixed use districts, residential accessory garages shall be located behind the rear wall of the principal building and lot access provided in accordance with Article XIV of this chapter relating to driveways and access drives.
(b)Â
Within the residential districts:
[1]Â
Front-loaded garages and carports shall be limited as follows:
[a]Â
A garage door with a width of greater than or equal
to 50% of the width of the principal building's front facade shall
be prohibited.
[b]Â
A garage door with a width greater than or equal
to 25% but less than 50% of the width of the principal building's
front facade shall be set back at least 20 feet behind the front building
line.
[c]Â
A garage door with a width less than 25% of the
width of the principal building's front facade may be parallel with
(incorporated as part of) or behind the principal building's front
facade.
[d]Â
In no case shall a front-loaded garage or carport
extend closer toward the front lot line than the principal building's
front facade.
[3]Â
Garages and carports shall be architecturally designed to be
compatible in design and harmonize with the residential use or dwelling
to which they are appurtenant. Garages shall be located so that the
swing of the opening door shall not in any case extend beyond any
lot line.
(3)Â
Residential garage location and design graphic examples.
P.Â
Nonresidential uses within an enclosed building.
(1)Â
Unless otherwise permitted as an essential and/or customary element
of operating a permitted principal nonresidential use in the applicable
zoning district, or unless otherwise permitted elsewhere in this chapter,
all permitted principal nonresidential uses shall be conducted within
a completely enclosed building. Uses exempt from this regulation include
but are not limited to:
(a)Â
Community gardens in the residential districts and the mixed
use districts.
(2)Â
Unless otherwise permitted as an essential and/or customary element
of operating a permitted principal nonresidential use in the applicable
zoning district, or unless otherwise permitted elsewhere in this chapter,
all permitted accessory uses as part of permitted principal nonresidential
uses shall be conducted within a completely enclosed building. Uses
exempt from this regulation include but are not limited to: