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Berthoud City Zoning Code

30-3-104

Principal and conditional uses permitted by zoning district

General application of uses. Uses contemplated in the Town's Zone Districts can be found in Table 3.3. Those uses listed on the table with a "P" require approval of a Site Plan Permit; with a "S" require approval of a Use by Special Review Permit; and with a "B" require approval of a Building Permit following land use approval, as may be required. Those land uses not specifically listed on the Table shall be presumed to be prohibited. A change in land use may necessitate a land use permit as found in Table 3.3.

Measurement of residential density. Allowable or maximum residential densities as identified in this Code will be measured as gross densities where the number of residential units is divided by the total acreage of the subject property.

A.

UR Urban Residential and Commercial District.

Intent. The Urban Residential and Commercial (URC) District is intended to provide for a variety of housing types and limited commercial uses in a dense, walkable environment built at a human scale.

1.

Principal or Conditional uses. Principal or conditional uses for the SRC District are found on Table 3.10.

2.

Area and Bulk Requirements. See Tables 3.11, 3.12, 3.13, 3.14, 3.15, 3.16 and 3.17.

B.

SR Suburban Residential and Commercial District.

Intent. The Suburban Residential and Commercial (SRC) District is intended to provide for neighborhoods with primarily single-family detached, and single family attached (townhomes and paired homes) homes and limited commercial uses.

1.

Principal or Conditional uses. Principal or conditional uses for the SRC District are found on Table 3.7.

2.

Area and Bulk Requirements. See Table 3.8.

C.

CD Conservation District.

Intent. The Conservation District (CD) is intended to provide for a primarily low-density housing types and large areas of conservation.

1.

Principal or Conditional uses. Principal or conditional uses for the CD District are found on Table 3.5.

2.

Area and Bulk Requirements. See Tables 3.4 and 3.6.

D.

AG Agricultural District.

Intent. The AG District provides for the continuation of agricultural activities on property annexed to the Town. Newly annexed areas that are predominately used for agricultural purposes may be zoned AG until other zoning is requested by the property owner. Agricultural zoning is intended to either support the continued agricultural activity on open farmlands near the Berthoud community or be used as a temporary "holding" zone until development at an urban scale is proposed.

1.

Principal or Conditional uses. Principal or conditional uses for the AG District are found on Table 3.3.

2.

Area and Bulk Requirements. See Table 3.1.

3.

Maximum density. Development in the AG District is limited to one unit per acre where connection to public water and wastewater systems is present, and one unit per 2.29 acres for properties without connection to public water or wastewater systems.

E.

[Reserved.]

F.

R1 Single Family District.

Intent. The R1 District provides for the development of low to moderate density single family residential dwellings.

1.

Principal or Conditional uses. Principal or conditional uses for the R1 District are found on Table 3.3.

2.

Area and bulk requirements. See Table 3.1.

G.

R2 Limited Multi-Family District.

Intent. The R2 District provides for the development of areas containing low to moderate density with both single and multi-family residential uses.

1.

Principal or Conditional uses. Principal or conditional uses for the R2 District are found on Table 3.3.

2.

Area and bulk requirements. See Table 3.1.

H.

R3 Multi-family District.

Intent. The R3 District is a moderate to higher-density residential zone that allows the development of multiple dwelling units on the same lot.

1.

Principal or Conditional uses. Principal or conditional uses for the R3 District are found on Table 3.3.

2.

Area and bulk regulations. See Table 3.1

I.

R4 Mixed Use District.

Intent. The purpose of the R4: Mixed Use Zone District is to allow for the development of variety of residential, commercial, business and employment land uses within pedestrian-oriented neighborhoods.

1.

Principal or Conditional uses. Principal or conditional uses for the R4 District are found on Table 3.3.

2.

Area and bulk regulations. See Table 3.1.

3.

Maximum density or lot coverage.

a.

Accessory dwelling units in the R4 District count as .33 units towards the overall project density.

J.

R5 Manufactured/Mobile Home Park District.

Intent. The intent of this district is to provide for the development of manufactured home parks and subdivisions. Mobile Home Parks or subdivisions are also included within this District.

1.

Principal or Conditional uses. Principal or conditional uses for the R5 District are found on Table 3.1.

2.

Area and bulk requirements. See Figure 3.6 and Table 3.1.

3.

Maximum density. Development in the R5 District shall not exceed 12 dwelling units per gross acre.

4.

Open space required. Development in the R5 District shall provide public open space (parks, trails, open lands) per Chapter 30, Section 2 of this Code.

K.

Table 3.2 Revised Lot and Density Standards Commercial and Industrial. [See figures and tables at the end of this section.]

L.

C1 Neighborhood Commercial District.

Intent. The Neighborhood Commercial District is intended to provide for the development of mixed use, retail, commercial and service businesses to support residential neighborhoods. New development or redevelopment in this district should be scaled in size to fit the adjacent neighborhood. This District does not support larger retail, public, religious or other uses commonly referred to as "big box" type uses.

1.

Principal or Conditional uses. Principal or conditional uses for the C1 District are found on Table 3.3.

2.

Area and bulk requirements. See Table 3.2.

M.

C2 General Commercial District.

Intent. The C2 District is intended to be a setting for development of a wide range of service businesses, retail uses, offices and personal and business establishments. This District supports both smaller (neighborhood) commercial and retail uses as well as larger uses (commercial, retail, religious, etc.) commonly referred to as "big box" uses.

1.

Principal or Conditional uses. Principal or conditional uses for the C2 District are found on Table 3.3.

2.

Area and bulk requirements. See Table 3.2.

N.

M-1 Light Industrial District.

Intent. This district is intended to provide locations for a variety of workplaces including light industrial uses, research and development offices and institutions. This district is also intended to accommodate secondary uses that complement and support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child care.

1.

Principal or Conditional uses. Principal or conditional uses for the M1 District are found on Table 3.3.

2.

Area and bulk requirements. See Table 3.2.

O.

M2 Industrial District.

Intent. This zoning district is intended to provide a location for a variety of employment opportunities such as manufacturing, warehousing and distributing, indoor and outdoor storage and a wide range of commercial and industrial operations.

1.

Principal or Conditional uses. Principal or conditional uses for the M2 District are found on Table 3.3.

2.

Area and bulk requirements. See Table 3.2.

P.

Transitional District.

Intent. The intent of the T: Transitional District is to accommodate properties which are in a transitional stage with regard to their ultimate use or plans for development.

1.

Permitted uses. The following uses are permitted by right in the T district: No use shall be permitted except such use as existed on the date the property was placed in this zoning district. No permanent structures shall be constructed on any land in this district, except that which is expressly authorized by the Town Board at the time of zoning property into this district. The Town Board of Trustees may grant a variance permitting expansion of any existing use, or installation or enlargement of a permanent structure to be used in connection with the use of the property, at the time of such zoning upon the following conditions:

a.

The owner of the property, prior to the Town Board meeting at which the zoning is to be heard, shall submit a site plan showing in reasonable detail the proposed expansion of current use or installation of permanent structure on the property.

b.

The Town Board shall grant such variance upon a finding that the strict application of the zoning ordinance would result in exceptional or undue hardship upon the owner of the property and that the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this code.

2.

Change of zoning. The owner of any property in the T District may at any time petition the Town to remove the property from this zoning district and place it in another zoning district, in accordance with the procedures and requirements of this code.

Q.

Planned Unit Development (PUD) Overlay District.

Intent. The Planned Unit Development (PUD) Overlay District was used as an overlay zone to supplements one or more underlying standard zone districts as found in this Code. The PUD Overlay District is no longer available as an option to zoning. Previously-approved PUDs are recognized. Any unimproved property with an approved PUD is encouraged to rezone their property to a zone district recognized in the Town's Zoning Chapter of the Development Code. Amendments to an existing PUD Overlay District will require the applicant to rezone the property and provide a Neighborhood Master Plan. Further subdivision processes may be required.

[R.]

General application of uses. Uses contemplated in the Town's Zone Districts can be found in Table 3.3. Those uses listed on the table with a "P" require approval of a Site Plan Permit; with a "S" require approval of a Use by Special Review Permit; and with a "B" require approval of a Building Permit following land use approval, as may be required. Those land uses not specifically listed on the Table shall be presumed to be prohibited. A change in land use may necessitate a land use permit as found in Table 3.3.

[Figures and Tables Follow]

Figure 3.6: R5 — Manufactured/Mobile Home Park District
Figure 3.6: R5 — Manufactured/Mobile Home Park District

Table 3.1 Revised Lot and Density Standards Residential

Dimensions R-1 R-2 R-3 R-4 R-5 AG
Maximum Density Per Gross Acre 8 Dwelling units 16 dwelling units 20 dwelling units 24 dwelling units 12 dwelling units 1 dwelling unit (unless on septic)
Maximum building height 35 35 40 50③ 16 40
Minimum lot width ① : 30 20② 16② 16② 150
Minimum setback:
Front yard Front loaded (with garage) 20* 20* 20* 20* 25 (entire park) 25
Front Yard Rear loaded (rear, or no garage) 15 10 10 10⑦ 25 (entire park) 25
Rear yard With front loaded garage 20⑧ ⑩ 10⑧ 10⑧ 10⑦⑧ 15 (entire park) 25
Rear yard With rear loaded garage 5-8⑧⑨ 5-8⑧⑨ 5-8⑧⑨ 5-8⑧⑨ 15 (entire park) 25
Side: MF: 3 Storeys 5⑧ 5④⑧ 5④⑧ 10 5④⑤⑧ 10 15 (entire park) 15
Corner Side 10 10 10 10 15 (entire Park) 15
Minimum lot area: 3,500 2,000 1,400 1,200 3,000 1 acre

 

Footnotes:
At required front yard setback line.
Zero lot line: Each residential unit, 20 ft. for R-2; 16 ft. R-3; 16 ft. for R-4;
Height Transition required as provided in Section 30-3-104.D.
On building lots in R-2, R-3, and R-4 dwelling units may be located on the lot at zero feet from one side lot line, if there is a maintenance agreement agreed to by the owner of the lot adjacent to that zero-lot line. Off-setting setbacks, setbacks of 0 ft. and 10 ft. are allowed in each district.
Balconies that are at least 10 feet above the sidewalk may encroach into the front setback or right of way, up to 5 feet, and cantilevered or bay windows that are at least 10 feet above the sidewalk surface, may encroach five feet into the required front setback, and no more than two feet into the required side or rear setbacks. Fire-resistive rating and opening requirements of the building code shall be complied with for exterior walls.
Buffer Areas:
On Arterial: A 30' perimeter buffer is required from all arterial streets.
On Collectors: A 20' perimeter buffer is required from all collector streets.
Mixed Use: A permanent landscape buffer consisting of a hedge or evergreen plant material, or a solid wall or fence, is required screening for Mixed Use buildings or commercial uses abutting a residential zoning district.
Infill Front setbacks as provided in Infill Setbacks 30-3-104 C
Accessory buildings. All unattached accessory buildings shall satisfy Section 30-116-1 a 2, and be five feet from all property lines and no more than 30' in height except for garages with vehicle access on corner side lots, which will follow the regular setbacks of the zoning district; Accessory Dwelling Units must meet be no more than 850 sq. ft. in size, located not forward of the principal structure, match the principal structure, and must follow the district setback standards.
A 5' minimum rear setback for new lots/development; and an 8' minimum setback for development within existing lots of record abutting alleyways.
10' setback on rear yards to any deck, including covered decks and patios.
* For residential properties with a 7-foot or wider tree lawn, the required front setback to a front porch may be reduced by 7 feet.
Front covered porches are allowed a 10' front setback.
Side-loaded garages are allowed a 10' front setback for the garage portion.
Please see Section 30-3-105 for additional encroachments into required setbacks
Additional Density for modular home, or tiny house/park model developments may be considered as a use by Special Review.

 

Table 3.2 Revised Lot and Density Standards Commercial and Industrial

C-1 C-2 M-1 M-2
Maximum Density Per Gross Acre 24 Dwelling units 20 dwelling units N/A N/A
Maximum building height 50 50 40 50③
Minimum lot width ① : 25 50② 50② 50②
Minimum setback:
Front yard 0'②⑥ 25③⑥⑧ 25⑧ 20⑧
Rear yard 0'/20'④ 35⑥⑦⑧ 20⑥⑦⑧ 20⑥⑦⑧
Side: 0/20'⑤⑦ 0/25⑤⑦⑧ 0/20⑤⑦⑧ 0/20⑤⑦⑧
Corner Side 0⑦ 0/25⑤⑦⑧ 20⑦⑧ 20⑦⑧

 

Footnotes:
At required front yard setback line
Building must be built on/to front/street facing setback line.
In the case of large buildings for employment, storage or auto-related uses, where greater setbacks are needed, a minimum of 30 percent of the building shall be brought forward to the front/street facing setback line
Rear setback from adjacent zoning district boundary.
Side setback from adjacent zoning district boundary.
Balconies that are at least ten feet above the sidewalk may encroach into the front setback or right of way, up to five feet, and cantilevered or bay windows that are at least ten feet above the sidewalk surface, may encroach five feet into the required front setback, and no more than two feet into the required side or rear setbacks. Fire-resistive rating and opening requirements of the building code shall be complied with for exterior walls.
A permanent landscape buffer consisting of a hedge or evergreen plant material, or a solid wall or fence, is required screening for commercial or industrial uses abutting a residential zoning district.
Buffer Areas from Residential: All C-2, M-1 and M-2 districts require no less than a 35-foot setback buffer from the property line of a residential zoning district.

 

Table 3.3: Land Use Table

Land uses contemplated in the Town's Zone Districts are found in the table below. Those uses listed on the table with a "P" require approval of a Site Plan Permit; with a "S"require approval of a Use by Special Review permit; and with a "B" require approval of a Building Permit following land use approval, as may be required. Those Land uses not specifically listed on the Table shall be presumed to be prohibited. A change in land use may necessitate a land use permit as listed below.
Land Use Zone District
AGCDSRSCURUCR1R2R3R4R5C1C2M1M2
Residential Land Uses
Dwelling, single-family detached B B B B B B B B B B S
Dwelling, Urban House, Single-family detached B
Dwelling, Suburban House, Single-family detached B
Dwelling, two family; and Dwelling, single-family attached; Duplex/Paried Home B B B B B B B
Dwelling, Garden House, Single-family detached or attached B B
Dwelling, Townhome, Multi-family dwelling (3 or more units) P P S P P P S
Dwelling, Apartment/Condo, Multi-family dwelling (4 or more units) P P S P P P S
Manufactured/mobile home and park P
Zero lot line single or two-family dwellings P P P P
Accessory dwelling unit associated with a permitted use, See Section 30-1-116.A.2 B B B,
Dwelling,
single
family
detached
B,
Dwelling,
single
family
detached
B B,
Primary
dwelling
needs
to be
single-
family
Mixed Land Uses
Bed and breakfast establishments P S S;
prohibited
in
Apartment/
Condo
S S S S P P
Boarding and rooming houses S S S S P
Single-room occupancy boarding house S S S S P P
Caretaker dwelling S S
Child care home (up to 12 persons) B B B B B B B B
Family care, elderly day care homes P S P, Dwelling, single family detached P, Dwelling, single family detached P P P P P
Group homes P S, Dwelling, single family detached S, Dwelling, single family detached P P P P P
Live-work units and buildings P P P P P S S
Long-term care facilities P P P P P P
Mixed use buildings (residential, commercial, office, workshops, etc.) P P P P P S S
Safe house for adults or children (up to 8 persons) S S, Dwelling, single family detached S, Dwelling, single family detached P P
Senior housing S S S P P S P S
Nursing facility S S S P P S P S
Commercial, retail or service land uses
Adult entertainment S
Agricultural activity P P P
Appliance sales and service P S P P P P
Automotive service and repair - minor S S S P P P
Automotive service and repair - major S S P P
Banks and financial institutions with our without drive through and/or ATM kiosks P P P P P P P
Bars/taverns/micro-breweries P P P P P P P
Business/Professional offices (professional offices for attorneys, realtors, service contractors, administrative services, and similar service providers) P P P P P P P
Car/motor vehicle washes P P P P
Child care center S P S S S P P P P
Cremation facility S S
Commercial and retail businesses, indoor sales and service P P P P P P P
Contractor's office/shop S P P P P P
Distillery including tasting room and retail sales P P P P P P
Entertainment facilities, commercial theatres, etc. P P P P
Equipment rental (small) establishments without outdoor S P P P
Equipment rental (heavy) establishments with outdoor sales S P
Fireworks sales - temporary P P P P
Gasoline station P S S S P P P
Gas, oil and other hydrocarbon well drilling and production, See Section 11 S S S
Plant nursery and Greenhouses, public or private P P P P P P P P
Grocery store less than 25,000 square feet of floor area P P P P P S S
Grocery store greater than 25,000 square feet of floor area P P S S P S S
Home Occupations, See Section 30-3-112, "P" in this line item represents a Home Occupaion Permit is needed P P P P P P P P P P
Hospital P P S S S S P P P S
Hotel/motel (no room limit) P P S S P P
Inn (up to 12 rooms) P P P P P P
Kennel - small animal P P P P P P S
Laundry and dry cleaning retail outlets S S P P P
Marina P S P P
Medical and dental offices/clinics P P S S S P P P S S
Allowed Marijuana Business, See Section 30-3-113 S S
Mixed Use Building (Building with a variety of uses including Commercial and Residential) P P
Movie theater P P P P P
Natural Medicine Healing Center, see Section on Natural Healing Centers and Other Natural Medicine Businesses P P
Parking lots and parking garages (as principal use) P S S P P P
Passenger terminal or park-n-ride P P P P P P
Personal and business service shops P P P P P P
Push cart (sidewalk/mobile vending) P P P P P
Recycling facilities (including biofuel) processing and sales S S
Research facilities P P P P P P
Restaurant not including drive-through P P P P P P P
Restaurant with drive-through P S S S P P P
Retail sales building/center &lte;50,000 gross square feet P P P P P P P
Retail sales building/center &gte; 50,000 gross square feet P P S S P P P
Retail and supply yard establishmets with outdoor storage S S
Roadside or temporary retail stand/tent P S S P P P P
Sales of farm implements, heavy equipment, Mobile/manufactured homes P
Short-term Rental (max. 10 guests), See Section 30-3-113 P P P P P P P P P
Storage facilities, outdoor storage for RV's, boats, trailers, etc. S S
Storage facilities - enclosed S S
Truck depot S S P P
Vehicle sales including automobiles, motorcycles, RV's, boats and trucks S P P P
Veterinary facilities, small animal clinic with no outside kennels P P P P P P P P
Veterinary facilities, small animal clinic with outside kennels P S S S S S S S
Veterinary hospitals - small animals P P P P P P P P
Veterinary hospitals - large animals P S S S S S
Public, quasi-public, other land uses
Accessory buildings and uses P P P P P P P P P P P P P P P
Alternative power generation facilities S S S S S S S S S S
Bus shelters P P P P P P P P P P P P P P P
Cemetery P S S S
Clubs and lodges P P P P
Community Garden P P P P P P P P P P P P P
Conference / convention center, see Places of Assembly
Farmer's market P P S P P P P
Fire station P P P S S S S P P P P
Municipal uses without equipment yards S P P P P
Municipal uses with equipment yards P P
Museum P P P P P P P P P P
Parks and open space P P P P P P P P P P P P P P
Parks and playgrounds - neighborhood P P P P P P P P P P P
Amphitheater, outdoor P S S S S
Public or other non-profit recreational uses P P P P P P P P P P P P P P
Public utility P P P P P P P P P P P P P P
Places of assembly (neighborhood scale) P P P P P P P P P P P P
Places of assembly (community scale) P P P P P P
Rest stop P P P P
Schools, public and private (preschool - grade 12) P P P P P P P P P P
Schools, including colleges, vocational and technical training P P S P P P
Wireless telecommunications facility, see Section 30-3-111 P S P S P S S P P P
Industrial land uses
Laboratory and/or research facility S S P P
Industrial facility, light S P P P
Industrial facility, heavy P
Manufacturing plants including assembly, sales and service of commodities P P
Other Natural Medicine Businesses, see Section on Natural Healing Centers and Other Natural Medicine Businesses P P
Warehouse and distrubition S P P
Workshops and custom small industry S S P P P P P P

 

Table 3.4: Conservation Development Site Design

Conservation Development Type Required Residual Land in Conservation (%) 1 Permitted Developable Land in Cluster(s) (%)
No public water/sewer 80 20
Provides public sewer 80 20 1
1 Conservation Subdivisions may increase underlying density found in Table 3.6 by up to 30 percent.

 

Table 3.6 Conservation Subdivision Standards

Dimensions Conservation Subdivision Primary Structure Accessory Buildings
Individual Lot Size Must comply with existing Larimer or Weld County Septic Standards (no less than 2 acres).
If on sewer, no lot size requirement.
N/A
Density 80% of 35 acre minimum must be reserved in residual tract, remaining 20% can be developed with a density consistent with Larimer and Weld County septic standards (no less than 2 acres) N/A
Maximum Building Height 30' 0'
Front Yard Setback See Building Envelope Must be behind the principal structure
Rear Yard Setback: See Building Envelope 15'
Side Yard Setback See Building Envelope 10'
Conservation Easement Total Minimum Size 35 acres N/A
Proportion in Conservation Easement/Dedicated Open Space 80%
Access: No direct individual driveway access on Primary Roads; private streets required for interior streets and access

 

Table 3.8 Suburban Residential Standards

Dimensions  Suburban Detached House Duplex/Paired Home Townhomes
Maximum building height 30 30 30
Minimum lot width: 40 ① 20 ① 16
Front yard Front loaded (with garage) 20 ⑤⑦ * 20 ⑤⑦ * N/A
Front Yard Rear loaded (rear, or no garage) 10 ⑤⑦ 10 ⑤⑦ 10 ⑤⑦
Rear yard with front loaded garage 20⑧ ⑩ 20⑧ ⑩ N/A
Rear yard with rear loaded garage 5-8⑧⑨ 5-8⑧⑨ 5-8⑧⑨
Side: 5②④⑥⑧ 5②④⑥⑧ 5②④⑥⑧
Corner Side 10 ②④⑥ 10 ②④⑥ 10 ②④⑥
Minimum lot area: 2,500 sq. ft. / 3,500 sq.ft. ③ 3,000 sq.ft. 1,600 sq.ft.
Pedestrian Access: Architectural emphasis from the street through use of a courtyard; or columns; or tower element; or a covered porch having a minimum depth of six (6) feet and minimum square footage of forty-eight (48) square feet Architectural emphasis from the street through use of a courtyard; or columns; or tower element; or a covered porch having a minimum depth of six (6) feet and minimum square footage of forty-eight (48) square feet Architectural emphasis from the street through use of a courtyard; or columns; or tower element; or a covered porch having a minimum depth of six (6) feet and minimum square footage of forty-eight (48) square feet
Garage: Garage doors shall not extend across more than 50% of the street facing façade of the primary residential structure Garage doors shall not extend across more than 40% of the street facing façade of the primary residential structure Alley/Rear-Loaded Only. Front access garages are prohibited.
Four-Sided Architecture: Side or rear elevations shall not be a solid blank wall with no articulation; structures shall be designed so as to break up long walls by the use of offsets, shadow lines, façade treatments and the architectural theme on the front of the house shall be continued on the sides and rear of the structure to maintain the integrity of design throughout the structure. Side or rear elevations shall not be a solid blank wall with no articulation; structures shall be designed so as to break up long walls by the use of offsets, shadow lines, façade treatments and the architectural theme on the front of the house shall be continued on the sides and rear of the structure to maintain the integrity of design throughout the structure. Side or rear elevations shall not be a solid blank wall with no articulation; structures shall be designed so as to break up long walls by the use of offsets, shadow lines, façade treatments and the architectural theme on the front of the house shall be continued on the sides and rear of the structure to maintain the integrity of design throughout the structure.

 

Footnotes:
At required front yard setback line.
Zero lot line or Townhouse: Each residential unit, 20 ft.
Smaller lot sizes are allowed if the principal structure is alley/rear loaded and less than 1,250 sq. ft. of total floor area.
Dwelling units may be located on the lot at zero feet from one side lot line, if there is a maintenance agreement agreed to by the owner of the lot adjacent to that zero-lot line. Off-setting setbacks, setbacks of 0 ft. and 10 ft. are allowed in each district.
Balconies that are at least 10 feet above the sidewalk may encroach into the front setback or right of way, up to 5 feet, and cantilevered or bay windows that are at least 10 feet above the sidewalk surface, may encroach five feet into the required front setback, and no more than two feet into the required side or rear setbacks. Fire-resistive rating and opening requirements of the building code shall be complied with for exterior walls.
Buffer Areas:
On Arterial: A 30' perimeter buffer is required from all arterial streets.
On Collectors: A 20' perimeter buffer is required from all collector streets.
Infill Front setbacks as provided in Infill Setbacks 30-3-104 C
Accessory buildings. See Section xx
A 5' minimum rear setback for new lots/development; and an 8' minimum setback for development within existing lots of record abutting alleyways.
10' setback on rear yards to any deck, including covered decks and patios.
* Side-loaded garages are allowed a 10' front setback for the garage portion.
Please see Section 30-3-105 for additional encroachments into required setbacks

 

Table 3.9 Suburban Commercial Standards

Dimensions  Suburban Commercial
Maximum building height 40' (see height transition)
Minimum Lot Area 4,000 sq. ft.
Front yard and Corner Lot Build to Line Min/Max 50% of Building within 10' min.
Side Build to Setback 50% of the Building within 10'
Rear yard 10⑧ ⑩
Drive Thru Shall not be accessed from primary street or be located in front or corner side yard.
Drive Thru Screening Berm, garden wall or landscaping so drive aisle is not visible from ROW.
Surface Parking No parking shall be located forward of the building, and only 20% of parking is permitted in the side yard.
Road Access: Access shall be primarily from secondary streets; individual curb cuts shall be minimized to the greatest extent possible on primary streets.
Pedestrian Access: Architectural emphasis from the street through use of a courtyard; or columns; or tower element; or a covered porch
Architecture/Design: See Section 30-3-114 D (Mountain Avenue East Architecture Guidelines)

 

Footnotes:
At required front yard setback line.
Zero lot line or Townhouse: Each residential unit, 20 ft.
Garages See Section XX
Dwelling units may be located on the lot at zero feet from one side lot line, if there is a maintenance agreement agreed to by the owner of the lot adjacent to that zero-lot line. Off-setting setbacks, setbacks of 0 ft. and 10 ft. are allowed in each district.
Balconies that are at least 10 feet above the sidewalk may encroach into the front setback or right of way, up to 5 feet, and cantilevered or bay windows that are at least 10 feet above the sidewalk surface, may encroach five feet into the required front setback, and no more than two feet into the required side or rear setbacks. Fire-resistive rating and opening requirements of the building code shall be complied with for exterior walls.
Buffer Areas:
On Arterial: A 30' perimeter buffer is required from all arterial streets.
On Collectors: A 20' perimeter buffer is required from all collector streets.
Infill Front setbacks as provided in Infill Setbacks 30-3-104 C
Accessory buildings. See Section xx
A 5' minimum rear setback for new lots/development; and an 8' minimum setback for development within existing lots of record abutting alleyways.
10' setback on rear yards to any deck, including covered decks and patios.
* The required front setback to a front porch may be reduced by 7 feet.
Side-loaded garages are allowed a 10' front setback for the garage portion.
Please see Section 30-3-105 for additional encroachments into required setbacks

 

Table 3.11 Urban Residential Standards

URBAN RESIDENTIAL STANDARDS
DimensionsUrban Residential HousePaired Homes/
Duplex
Townhouse/
Row House
Garden Court HouseApartments/
Condos
Maximum building height 30' 30' 30' 35' 40'
Lot Size 2,500 sq. ft 2,000 sq. ft. 8,000 sq. ft. min for all buildings, 1,600 sq. ft. min for each lot/unit 12,000 sq. ft. for all attached buildings, 1,200 sq. ft. min for each lot/unit 8,000 sq. ft. min for entire site
Side Wall Height, for Pitched Roof, within 15' Side Street (max) 25' 25' 24' max or 2 stories 24' max or 2 stories 24' max or 2 stories
Minimum lot width: 25' 20' 16' 100' for all buildings, 25' min for each lot/unit 50'
Front Yard (build to line): 8'-12' 8'-12' 8'-12' 60% 10' min, 20' max
Rear yard with rear loaded garage 5' 5' 5' 10' 10' alley, 20' no alley
Side: 5' 0' attached, 5' side lot line 0' attached, 5' side lot line 7.5' 7.5', 20' entire site and for interior abutting apartments/condo buildings (between buildings)
Corner Side 10' 10' 10' 10'
Vehicle Access/Garage: Alley'; f no alley, a 12' max side driveway to detached garage to the rear of the principal structure Alley Only Alley Only Alley or Rear loaded Alley or rear loaded street only
Pedestrian Access: Through an entry feature such as porch or stoop to primary street. Entry Feature such as porch or stoop to primary street. Entry Feature such as porch or stoop to primary street Entry Feature such as porch or stoop Entry feature such as porch/stoop fronting onto garden court
Dimensions Accessory Dwelling Unit/Detached Garage Detached Garage Detached Garage Detached Garage Structure Common Detached Garage Structure Common
Total Size: 850 sq. ft. max living area/850 sq. ft. max 850 sq. ft. max 850 sq. ft. max
Max Height: 25'/17' unless combined with ADU 17' (1 story) 17' (1 story) 17' (1 story) 17' (1 story)
Side Setback: 10' for two stories/5' 0' (maintenance easement required for garages with a setback of 3' or less) 5' 10' 10'
Rear Setback: 5'/5' 5' 5' 10' 10'
Location: Rear 35% of lot only/At least 3' behind primary structure At least 3' behind structure Entirely behind primary structure Entirely behind primary structure Entirely behind apartments/condos
Vehicle Access Alley only/Alley, or if no alley, a 12' width max side driveway to detached garage to the rear of the principal structure Alley Only Alley Only Alley or rear loaded Alley or Side/Rear loaded public street
Garage Type Attached garage, max one car per Dwelling Unit

 

Table 3.12 Urban Residential Detached House Standards

Dimensions  Urban Residential House Dimensions Accessory Dwelling Unit Detached Garage
Maximum building height 30 Total Size 850 sq. ft. max living area 850 sq. ft. max
Lot Size 2,500 sq. ft Lot Size: 4,000 sq. ft. required 3,000 sq. ft. max
Side Wall Height, for Pitched Roof, within 15' Side Street (max) 25' Max Height: 25' 17' (1 story) unless combined with ADU
Minimum lot width: 25' Side/Corner Side Setback: 10' for two stories 5'
Front Yard (build to line): 10' Rear Setback 5'-8' 5'
Rear yard with rear loaded garage 5-8' Location: Rear 35% of lot only At least 3' behind primary structure.
Side: 5' Vehicle Access Alley only Alley; or if no alley, a 12' max side driveway to detached garage to the rear of principal structure
Corner Side 10'
Vehicle Access/Garage: Alley'; f no alley, a 12' max side driveway to detached garage to the rear of the principal structure
Pedestrian Access: Through an entry feature such as porch or stoop to primary street.

 

Table 3.13 Urban Residential Paired Home/Duplex Standards

Dimensions   Paired Home/Duplex Dimensions Detached Garage
Maximum building height 30 Total Size 850 sq. ft. max
Lot Size 2,000 sq. ft Lot Size: 3,000 sq. ft. max
Side Wall Height, for Pitched Roof, within 15' Side Street (max) 25' Max Height: 17' (1 story)
Minimum lot width: 20' ① Side/Corner Side Setback: 0' (maintenance easement require for garages with a setback of 3' or less
Front Yard (build to line): 10' Rear Setback 5'
Rear yard with rear loaded garage 5-8 Location: At least 3' behind primary structure.
Side: 0' attached; 5' lot line Vehicle Access Alley only;
Corner Side 10
Vehicle Access/Garage: Alley only
Pedestrian Access: Entry Feature such as porch or stoop to primary street.

 

Table 3.14 Urban Residential Townhouse/Row House Standards

Dimensions  Townhouse Dimensions Detached Garage
Maximum building height 30 Total Size 850 sq. ft. max
Lot Size Minimum for all attached buildings 8,000 sq. ft Lot Size: 3,000 sq. ft. max
Lot Size Individual lot/unit 1,600 sq. ft. Max Height 17' (1 story)
Side Wall Stepback Height (end units abutting public street) 24' Max; or 2 stories Side/Corner Side Setback 5'
Minimum lot width: 16' Rear Setback: 5'
Front Yard (build to line): 8' Location Entirely behind primary structure
Rear yard with rear loaded garage 5-8' Vehicle Access Alley Only
Side: 0' attached; 5' side lot line
Side Setback entire site and for interior abutting townhomes: 20'
Corner Side 10'
Vehicle Access/Garage: Alley only
Pedestrian Access: Entry Feature such as porch or stoop to primary street.

 

Table 3.15 Urban Residential Garden Court Homes Standards

Dimensions  Garden Court Homes Dimensions Detached Garage Structure Common
Maximum building height 35 Garage Type Attached garage, one car per Dwelling Unit
Lot Size Minimum for all attached buildings 12,000 sq. ft Max Height 17' (1 story)
Garden Court (street facing) width 40 Side/Corner Side Setback (entire garage) 10
Garden Court Depth 40 Rear Setback 10
Side Wall Stepback Height (end units abutting public street) 24' Max; or 2 stories Location Entirely behind garden court homes
Minimum site lot width: 100' Vehicle Access Alley or Rear loaded public street.
Rear Yard 10
Side Setback 7.5
Side Setback entire site and for interior abutting townhomes: 10
Vehicle Access/Garage Alley or Rear loaded Street only
Pedestrian Access Entry Feature such as porch/stoop fronting onto garden court

 

Table 3.16 Urban Residential Apartments/Condos Standards

Dimensions  Apartment/Condo Dimensions Detached Garage Structure Common
Maximum building height 40 (see height transition Garage Type Attached garage, one car per Dwelling Unit
Lot Size Minimum for all attached buildings 8,000 sq. ft Max Height 17' (1 story)
Lot width 50 Side/Corner Side Setback (entire garage) 10
Front Setback/Build to Line Min/Max 60% 10' Min; 20' max. Rear Setback 10
Side Wall Stepback Height (end units abutting public street) 24' Max; or 2 stories Location Entirely behind Apartments/Condos
Side Setback 7.5' Vehicle Access Alley or Side or Rear loaded public street.
Side Setback entire site and for interior abutting apartments/condo buildings 10'
Rear Yard 10' alley; 20' no alley
Parking No surface parking between primary street or side street
Vehicle Access/Garage Alley or Rear loaded Street only
Pedestrian Access Entry Feature such as porch/stoop fronting onto garden court

 

Table 3.17 Urban Commercial Standards

Dimensions  Urban Commercial
Maximum building height 40 for mix use building/30' for commercial only
Lot Size Minimum for all attached buildings 3,000 sq. ft
Lot width 24'
Front Setback/Build to Line Min/Max 75% to 0'; 10' max (courtyard only)
Side Wall Stepback Height (end units abutting public street) 24' Max; or 2 stories
Side Setback 7.5'
Side Setback entire site and for interior abutting buildings 10'
Rear Yard 10' alley; 20' no alley
Parking No surface parking between primary street or side street
Vehicle Access/Garage Alley or Rear loaded Street only; no drive-thrus
Pedestrian Access Entry Feature
Glazing/Transparency 60% primary street; 25% side facing street
Design Standards See Section 30-3-114, 3, A

 

(Ord. No. 1252, § 1(Exh.), 9-25-2018; Ord. No. 1276, § 1(Exh.), 10-8-2019; Ord. No. 1280, § 1(Exh. B), 1-28-2020; Ord. No. 1299, § 1(Exh. A), 12-14-2021; Ord. No. 1322, § 1(Exh. A), 9-26-2023; Ord. No. 1326, § 1(Exh. A), 11-28-2023; Ord. No. 1329, § 1(Att.), 12-12-2023; Ord. No. 1333, § 2(Exh. B), 1-23-2024; Ord. No. 1342, 8-13-2024; Ord. No. 1343, § 1(Att. A), 9-10-2024; Ord. No. 1353, § 1(Exh. A), 4-22-2025)