[Added 4-25-2023 by Ord. No. 23-06[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VII,
RS1 - Single-Family Residential District, as amended 11-11-1992; 5-25-1993
by Ord. No. 93-07; 12-7-1993 by Ord. No. 93-12; 5-13-1997 by Ord.
No. 97-09; 10-14-1997 by Ord. No. 97-21; 10-13-1998 by Ord. No. 98-18;
3-14-2000 by Ord. No. 00-05; 3-13-2001 by Ord. No. 01-02; 1-15-2002
by Ord. No. 02-01; 1-15-2002 by Ord. No. 02-02; 6-24-2003 by Ord.
No. 03-14; 2-28-2006 by Ord. No. 06-03; 3-25-2008 by Ord. No. 08-05;
6-23-2009 by Ord. No. 09-11; 12-15-2009 by Ord. No. 09-33; and 1-25-2011
by Ord. No. 11-03.
A.Â
Area requirements
(with public sewer).
District
|
Requirement
|
Single-Family Dwelling
|
Duplex
|
Townhouse
|
Multiplex2
|
Apartment2
|
Mobile/ Manufactured Home Park2
|
---|---|---|---|---|---|---|---|
AC
|
Lot size (square feet)
|
10,000
|
-
|
-
|
-
|
-
|
-
|
Frontage (feet)1
|
75
|
-
|
-
|
-
|
-
|
-
| |
Lot width (feet)
|
75
|
-
|
-
|
-
|
-
|
-
| |
Density3 (units per acre)
|
3
|
-
|
-
|
-
|
-
|
-
| |
Maximum impervious cover
|
40%
|
-
|
-
|
-
|
-
|
-
| |
AR
|
Lot size (square feet)
|
8,000
|
-
|
-
|
-
|
-
|
-
|
Frontage1 (feet)
|
70
|
-
|
-
|
-
|
-
|
-
| |
Lot width (feet)
|
70
|
-
|
-
|
-
|
-
|
-
| |
Density3 (units per acre)
|
3
|
-
|
-
|
-
|
-
|
-
| |
Maximum impervious cover
|
40%
|
-
|
-
|
-
|
-
|
-
| |
RS1
|
Lot size (square feet)
|
7,500
|
5,000
|
-
|
-
|
-
|
-
|
Frontage1 (feet)
|
65
|
45
|
-
|
-
|
-
|
-
| |
Lot width (feet)
|
65
|
45
|
-
|
-
|
-
|
-
| |
Density3 (units per acre)
|
3.5
|
3.5
|
-
|
-
|
-
|
-
| |
Maximum impervious cover
|
40%
|
40%
|
-
|
-
|
-
|
-
| |
RMH
|
Lot size (square feet)
|
6,000
|
5,000
|
-
|
-
|
-
|
3,000 of berthing space
|
Frontage1 (feet)
|
65
|
45
|
-
|
-
|
-
|
-
| |
Lot width (feet)
|
60
|
45
|
-
|
-
|
-
|
-
| |
Density3 (units per acre)
|
6
|
6
|
-
|
-
|
-
|
8
| |
Maximum impervious cover
|
40%
|
40%
|
-
|
-
|
-
|
40%
| |
RS5
|
Lot size (square feet)
|
6,000
|
4,000
|
1,600
|
-
|
-
|
-
|
Frontage1 (feet)
|
65
|
40
|
16
|
-
|
-
|
-
| |
Lot width (feet)
|
60
|
40
|
16
|
-
|
-
|
-
| |
Density3 (units per acre)
|
6
|
6
|
6
|
6
|
-
|
-
| |
Maximum impervious cover
|
60%
|
60%
|
60%
|
60%
|
-
|
-
| |
RM
|
Lot size (square feet)
|
6,000
|
4,000
|
1,600
|
-
|
-
|
3,000 of berthing space
|
Frontage1 (feet)
|
60
|
40
|
16
|
-
|
-
|
-
| |
Lot width (feet)
|
50
|
40
|
16
|
-
|
-
|
-
| |
Density3 (units per acre)
|
10
|
10
|
10
|
10
|
10
|
10
| |
Maximum impervious cover
|
80%
|
80%
|
80%
|
80%
|
80%
|
80%
|
NOTES:
| |
1
|
Minimum frontage of 100 feet on any nonsubdivision street.
|
2
|
Minimum parcel size of five acres.
|
3
|
Areas partially within the Growth Zone with central sewer and
water shall be a calculated number of dwelling units per acre based
on the formula below:
|
(Area within Growth Zone x permitted density) + (Area outside
overlay zone x permitted density) = Total dwelling units permitted.
| |
Total dwelling units permitted/total site area = Site density
|
C.Â
Setbacks.
(3)Â
Front setbacks from nonsubdivision streets shall be 40 feet.
(4)Â
For major subdivision and land development applications, the Regional
Planning Commission, upon the request of an applicant, may authorize
a reduction in the required front yard setback to achieve an overall
neighborhood design objective, if alleys are proposed. Two off-street
parking spaces per unit will still be required.
D.Â
Height limits.
(1)Â
AC, AR, RS1, RS5, RMH Zoning Districts: maximum height of 35 feet.
(2)Â
RM Zoning District: maximum height of 50 feet.
(4)Â
Principal nonresidential structures:
(a)Â
Shall have all yard and setback requirements increased to be
equal to the highest part of the structure when exceeding the height
limits of a principal structure listed above.
(b)Â
AC, AR: maximum height of 80 feet.
(c)Â
RS1, RMH: maximum height of 35 feet.
(d)Â
RS5, RM: maximum height of 60 feet.
A.Â
Area requirements.
AC/AR
| |
Frontage (feet)
|
200
|
Lot width (feet)
|
150
|
Maximum impervious cover
|
25%
|
RS1
| |
Frontage (feet)
|
150
|
Lot width (feet)
|
100
|
Maximum impervious cover
|
30%
|
RMH
| |
Frontage
|
150 feet
|
Lot width
|
100 feet
|
Maximum impervious cover
|
30%
|
RS5
| |
Frontage
|
150 feet
|
Lot width
|
100 feet
|
Maximum impervious cover
|
60%
|
RM
| |
Frontage
|
150 feet
|
Lot width
|
100 feet
|
Maximum impervious cover
|
80%
|
Maximum density and minimum lot size as provided in Chapter 187, Subdivision and Land Development, § 187-53D(8), Table X-2. Minor subdivision follows same.
|
C.Â
Front setbacks from nonsubdivision streets shall be 40 feet.
D.Â
Height limits.
(1)Â
AC, AR, RS1, RS5, RMH Zoning Districts: 35 feet.
(2)Â
RM Zoning District: 50 feet.
(3)Â
Maximum height may be increased above the limitation of Subsection
D(1)and (2) of this section for elevation required by the National
Flood Insurance Program.
(4)Â
Principal nonresidential structures.
(a)Â
Shall have all yard and setback requirements increased to be
equal to the highest part of the structure when exceeding the height
limits of a principal structure listed above.
(b)Â
AC, AR: maximum height of 80 feet.
(c)Â
RS1, RMH: maximum height of 35 feet.
(d)Â
RS5, RM: maximum height of 60 feet.
A.Â
Area requirements.
BN/OC
| |
Setbacks
| |
Front: 40 feet
| |
Side: 10 feet
| |
Rear: 25 feet
| |
Lot size
| |
No minimum with sewer 0.5 acre without public sewer
| |
Frontage
|
100 feet
|
Lot width
|
100 feet
|
Maximum height
|
35 feet
|
BG
| |
Setbacks
| |
Front: 40 feet
| |
Side: 20 feet
| |
Rear: 40 feet
| |
Lot size
|
N/A
|
Frontage
|
150 feet
|
Lot width
|
150 feet
|
Maximum height
|
35 feet
|
IL
| |
Setbacks
| |
Front: 40 feet
| |
Side: 25 feet
| |
Rear: 40 feet
| |
75 feet from residential dwellings on adjacent parcels
| |
Lot size
|
1 acre
|
Frontage
|
100 feet
|
Lot width
|
100 feet
|
Maximum height
|
75 feet
|
IG
| |
Setbacks
| |
Front: 60 feet
| |
Side: 50 feet
| |
Rear: 50 feet
| |
100 feet from residential dwellings on adjacent
parcels
| |
Lot size
|
1 acre
|
Frontage
|
150 feet
|
Lot width
|
150 feet
|
Maximum height
|
75 feet
|
All districts:
| |
75% maximum impervious surface coverage.
| |
Maximum height may be increased above the limitation
of this section for elevation required by the National Flood Insurance
Program.
|
A.Â
Setbacks.
Use
|
AC, AR, RS1, RS5, RM, RMH
| |
---|---|---|
Side/Rear Setback1
(feet)
|
Setback from Dwelling Not on Premises
(feet)
| |
An accessory structure, enclosure, coop or run used to house
or shelter a domestic (pet) animal or domestic fowl
|
25
|
N/A
|
An accessory structure, enclosure, coop or run used to house
or shelter or sell livestock other than a domestic (pet) animal 2
|
502
|
1502
|
Chicken houses
|
100 (front, side, and rear)2
|
300 (front, side, and rear)2
|
Manure storage
|
100 (front, side, and rear)2
|
200 (front, side, and rear)2
|
NOTES:
| |
1
|
Not permitted within the front setback.
|
2
|
Must be in association with a bona fide farm.
|
A.Â
Except as otherwise provided by this chapter, an accessory structure
shall not be located in the front yard or front setback of any parcel
(as defined by this chapter) unless the accessory structure is located
at least 100 feet from the front property line and/or side street
line.
B.Â
An accessory structure may be located no closer than five feet from
the side or rear property line of any conforming or legal nonconforming
parcel.
D.Â
Temporary fencing used primarily for construction projects and soil
erosion protection shall not be used for permanent residential or
commercial fencing. This type fencing includes, but is not limited
to, such fencing as the bright fluorescent orange fencing and the
solid black fencing.
A.Â
Accessory structures.
(1)Â
Accessory structures or accessory uses shall be limited and located
on the same lot with the principal structure or use to which they
are necessary.
(2)Â
Any accessory structure attached to a principal structure, including
attachment by means of a breezeway or roof passage, shall comply with
the requirements of this chapter concerning principal structures.
All other accessory structures shall conform to the requirements for
accessory structures in the district in which they are located.
(3)Â
In an AC, AR, RMH, RM, RS5, or RS1 Residential District, an accessory
structure on the same lot with a residential use may not be used for
residential purposes except properly approved ECHO housing or a properly
approved accessory dwelling unit.
(4)Â
An accessory structure may dominate the area of the principal structure
by not more than 10%. The total square footage of both the principal
and accessory structures shall be calculated using the definition
of floor area in this chapter with the inclusion of attached garages
and covered porches.
(5)Â
A noncommercial antenna structure or satellite dish may be authorized
as an accessory structure in any residential district, provided that:
(a)Â
The height of the structure does not exceed the lesser of:
(b)Â
The setback for the central vertical portion of the antenna
structure is at least 10 feet from each property line for a structure
up to 35 feet high, and 10 feet plus one additional foot for each
three feet in excess of 35 feet for a structure over 35 feet high:
and
(c)Â
Each rigid radiating element of an antenna structure is set
back at least 10 feet from any property line; and
(d)Â
The construction is of a type required by the Division of Inspections
and Enforcement to form a safe and durable structure.
B.Â
Street frontage.
(1)Â
No lot may be created without adequate street frontage, and such
lots shall be determined to be unbuildable.
(2)Â
Except as provided in a specific zoning district, a structure may
not be used in whole or in part for residential purposes unless the
lot in which it is located:
(3)Â
No more than one structure used in whole or in part for residential
purposes shall be permitted for each frontage or easement, except
that a common easement of access measuring at least 40 feet wide may
be provided for two or more structures.
(4)Â
On a corner lot, the front street shall be the street with the shorter
street frontage.
C.Â
Setbacks.
(1)Â
Any setback or other open space allocated to a structure shall be
located on the same lot as the structure.
(2)Â
Except as provided in this subsection, required setback and open
space shall be unobstructed and open to the sky.
(3)Â
Architectural features for principal structures, such as windows,
sills, chimneys, bilco doors, egress windows, cornices, eaves, or
bay windows may project no more than three feet into a required yard
area and no closer than five feet from any lot line. The sum of the
bay window projections on a wall may not exceed 1/4 of the length
of the wall.
(4)Â
An open unenclosed porch, patio, or deck may project into required
side and rear setback areas, provided that all such structures shall
observe a minimum setback of 10 feet from all side and rear property
lines or may extend into the required front yard setback no more than
40% of the required front yard setback, and no closer than 15 feet
to the right-of-way line. Furthermore, if a nonconforming front yard
setback exists, created by the lawful construction of the principal
structure, the 40% shall be determined based on the legal nonconforming
front yard setback. This section does not extend to properties where
variances were granted for relief of the front yard setback. All open
unenclosed porches, patios, and decks that project into the required
setback shall be constructed at grade or at the first-floor level
of the building. Any enclosed porch, patio, or deck, or porch having
a roof and capable of being enclosed, shall be considered a part of
the structure in the determination of the size of the setback or the
amount of lot coverage, except that a porch, patio, or deck with only
a roof and no walls of any type may project into the required front
setback by no more than six feet. Any porch, patio, or deck, both
enclosed and unenclosed, shall not occupy more than 30% of the minimum
required side or rear yard setback area.
(5)Â
Notwithstanding any provision to the contrary, if the average front
yard setback of structures located on either side of a lot differs
from the minimum setback required by this chapter, the setback shall
approximate the average setback of the next nearest structures.
(6)Â
Handicapped ramps open, unenclosed and not covered by a roof or canopy
shall maintain a five-foot setback from the front, side, and rear
property lines.
(7)Â
Fences, walls, and hedges.
(a)Â
The setback requirements of this chapter do not prohibit an
otherwise lawful fence or wall, if the fence or wall does not impair
visibility at any access to a public road and does not conflict with
the provisions of this section.
(b)Â
Except for patio homes, an ornamental fence or wall not more
than four feet in height may project into or enclose any required
front or side setback to a depth from the street line equal to the
required depth of the front setback. Ornamental fences or walls may
project into or enclose other required setbacks, provided that such
fences and walls do not exceed a height of seven feet.
(c)Â
A structure, fence, wall, hedge or planting more than two feet
high as measured above the street surface at the nearest edge of the
pavement may not be erected, placed or maintained on a corner lot
within a triangular area formed by the intersecting street lines.
The sides of the triangular area shall measure 25 feet from the point
where the street lines will intersect if extended to the apex. The
provisions of this subsection do not apply to trees more than six
feet apart or to existing trees, provided that all branches are located
at least six feet above the ground.
(8)Â
Recreation facilities (residential and nonresidential).
(a)Â
A private recreational facility, such as a tennis court, basketball
court, aboveground swimming pool, or at-grade swimming pool that is
permitted as an accessory use on a residential lot for a single-family
or two-family use, shall be located so that the edge of the facility,
including any deck or patio is at least 10 feet from each lot line.
(b)Â
Each community recreational facility, such as a tennis court,
basketball court or at-grade swimming pool, shall be located at least
30 feet from each lot line, structure, or dwelling unit, 25 feet from
any right-of-way, and shall be screened in accordance with the provisions
of this chapter.
D.Â
Height requirements and exemptions.
(1)Â
Applicability.
(a)Â
Except within an Airport Approach Zone, the height limitations
specified in this chapter do not apply to:
(b)Â
The features enumerated above shall be created only to a height
necessary to accomplish the purpose intended and in no event more
than 15 feet above the lowest point of contact with the roof.
(2)Â
Roof features, such as water tanks, cooling towers, air-conditioning
units, elevator shafts and bulkheads, shall be enclosed within the
walls of the structure and designed in harmony with the main walls
of the structure on which they are located.
(3)Â
A public governmental building, place of worship or hospital may
be erected to a greater height than otherwise permitted, provided
that the front, side and rear setbacks are increased not less than
one foot for each foot by which the structure exceeds the height limitation
established for the district in which the structure is located.
(4)Â
Unless otherwise provided in this section, a parapet wall may extend
not more than five feet above the height limit for the district in
which it is located.
E.Â
Slope development.
(1)Â
Slopes with a grade of 15% or greater may not be developed unless:
(2)Â
A fifty-foot planted buffer area shall be located and maintained
between the principal structure and the crest of slopes with a grade
of 25% or greater.
(3)Â
Drainage for structures and lots may not be channelized toward any
slope of a 15% grade or greater.