FOOTNOTES TO SCHEDULE OF REGULATIONS

   a.   The minimum floor area per dwelling unit shall not include areas of basements, breezeways, unenclosed porches, terraces, attached garages, attached sheds, or utility rooms.

   b.   In all residential, office through industrial districts, the required front yard setback shall not be used for off-street parking, loading, or unloading, and shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials, or vehicle access drives, as directed by the Planning Commission. Steps and wooden handicapped ramps shall also be permitted to intrude into required front yard setback space.

   c.   Except where otherwise provided in this ordinance, all exterior side yards abutting a street shall be provided with a setback equal to the front yard setback requirement of the district in which located and all regulations applicable to a front yard shall apply, except further, where a nonresidential district abuts a residential district, the exterior side yard setback requirement shall not be less than the minimum front yard setback requirement of the abutting residential district, but may be more depending on the applicable setback requirement of the nonresidential district.

   d.   Density calculation for the RM district indicated shall be based upon the area of the parcel exclusive of:

      (1)   Publicly designated properties;

      (2)   Public or utility easements;

      (3)   Lands reserved for nonresidential purposes, except that designated recreation space being considered for public dedication may be included in the density calculation; and

      (4)   Land not physically usable for residential purposes, such as ravines and swamp lands.

   e.   Minimum land area required for each dwelling unit in the RM district shall be:

 

 

   f.   For every lot on which a multiple, row, or terrace dwelling is erected, there shall be provided a side yard on each side of the lot, as indicated in the schedule.  Each side yard shall be increased beyond the yard spaces indicated by 1 foot for each 10 feet or part thereof by which the length of the multiple, row, or terrace dwelling exceeds 40 feet in overall dimension along the adjoining side lot line.

   g.   Required minimum floor area for each dwelling unit shall be:

 

 

   h.   Lot width and depth is based upon lot area requirements.

   i.   Minimum land area required for each dwelling unit in the HRM district shall be:

 

 

   j.   The minimum front, side, and rear yard requirements shall be 40 feet.  For every 5 feet the building exceeds 40 feet in height, the yard requirement shall be increased by 1 foot.  Where 2 or more buildings are erected on the same lot, the yard spaces between those buildings shall be at least 40 feet.

   k.   Every lot in the R-O, C-1, C-2, and C-3 districts, used as a business, shall have an area sufficient in size to comply with the requirements pertaining to the particular use with an adequate and safe water supply and a safe and adequate sewage disposal system as established by standards required by the State or County Health Department rules and regulations.  In no case shall a business lot be less than 4,000 square feet in area.

   l.   Where existing front setback line has been established by existing commercial buildings occupying 40% or more of the frontage within the same block, that established setback shall apply.

   m.   In a C-1 or C-2 district, side yards are not required along interior side lot lines if all walls abutting or facing those lot lines are of fireproof construction and wholly without windows or other openings, but if the side wall is not of fireproof construction, or if fireproof construction but containing windows or other openings, a 10-foot side yard shall be provided.

   n.   Where an alley separates the C-1, C-2, and C-3, and C-4 commercial districts from any residential district, the full alley width may be counted as part of the required yard.

   o.   Where motels are permitted in the C-3 district, a minimum of 250 square feet of floor area per motel unit shall be provided.

   p.   The City Council may approve waivers in the regulations for the R-O district in regard to area, height, and placement requirements after a written advisory recommendation has been received from the Planning Commission, provided the following conditions are met:

      (1)   No structure shall exceed 10 stories or 100 feet in height;

      (2)   The location of the proposed site shall reflect the intent and purpose of the land use plan;

      (3)   The proposed site shall have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the site shall be directly onto the thoroughfare;

      (4)   The minimum yard width between buildings and adjoining lot lines and between unconnected buildings on the same lot shall be at least 40 feet plus 5 feet for each story in the building; and

      (5)   Off-street parking shall be provided in accordance with the requirements of §§ 157.110et seq. of this code.

   q.   Cluster subdivisions (as in § 157.093) approved in SE and R-1A districts shall permit lot sizes and widths of lesser areas and dimensions as provided for under § 157.035(B)(5) for the SE district, and § 157.036(B)(6) for the R-1A district, and as regulated by § 157.093 of this code.

   r.   Where a P-1 district is contiguous to a residentially zoned district which has a common frontage on the same block with the P-1 district, and wherein residential structures have been erected, there shall be provided a yard space equal to the average setback of homes in the block on the same side of the street.

      Where the P-1 district is contiguous to a residentially zoned district which has a common frontage in the same block with the P-1 district, and wherein residential structures have been erected having a front yard of greater than 20 feet in depth, there shall be provided a yard space equal in depth to the minimum distance of any residential structures so located, or to the minimum distance required by those restrictions, except in cases where residential structures have been erected at the rear lots.  In those cases, the yard space shall not be less than 20 feet in depth and a protective wall as set forth in § 157.048(I).

   s.   Where a P-1 district (on ground level) is contiguous to side lot lines of premises in a residentially zoned district, there shall be provided a side yard not less than 10 feet in width between the side lot lines and the parking area.

      Where the P-1 district lies across a street and opposite a residentially zoned district where the side lot lines are contiguous to that street, there shall be provided a yard space not less than 10 feet in depth.  When the parking structure (5 ft. - 3 off) is contiguous to side lot lines of a residentially zoned or used district, there shall be provided a minimum side yard of 15 feet between those side lot lines and the structure.

   t.   Permitted height of any parking structure shall not exceed 30 feet.  For every 1 foot the parking structure exceeds 10 feet in height, the yard requirements shall be increased by 1 foot beyond the minimum 15-foot requirement.

   u.   Shall be measured as road frontage.