This schedule gives limits for height, bulk, density and area by zoning district. Letters in parentheses refer to notes in § 82-427.

 

(Ord. passed 10-12-1992; Ord. passed 11-12-2002(2))

   (A)   See § 82-428, averaged lot size, and § 82-429, subdivision open space plan, regarding flexibility allowances.

   (B)   For all uses permitted other than single family residential, the setback shall equal the height of the main building or the setback required in § 82-108 or § 82-426, whichever is greater. For all lots of record having less than 70 feet of lot width, the minimum required side yards shall be 5 feet and 10 feet.

   (C)   In the case of a rear yard abutting a side yard, the side yard setback abutting a street shall not be less than the minimum front yard setback of the district in which located and all regulations applicable to a front yard shall apply.

   (D)   In an RM-2 Multiple Family District, the total number of rooms, not including kitchen, dining and sanitary facilities, shall not be more than the area of the parcel, in square feet, divided by 1,200. All units shall have at least 1 living room and 1 bedroom, except that not more than 10% of the units may be of an efficiency apartment type. For the purpose of computing the permitted number of dwelling units per acre, the following room assignments shall control:

      Efficiency      =   1 room

      One bedroom      =   2 rooms

      Two bedroom      =   3 rooms

      Three bedroom   =   4 rooms

      Four bedroom      =   5 rooms

Plans presented showing 1, 2 or 3 bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density. The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or bounding roads. For the RM-1 District a minimum of 4,000 square feet of lot or site area shall be provided for each dwelling unit.

   (E)   In all RM-1 and RM-2 Multiple Family Residential Districts, the minimum distance between any 2 buildings shall be regulated according to the length and height of such buildings, and in no instance shall this distance be less than 30 feet. Parking may be permitted within a required side or rear yard but shall not cover more than 30% of the area of any required yard or any minimum distance between buildings. The formula regulating the required minimum distance between 2 buildings in all RM Districts is as follows:

         LA + LB + 2(HA + HB)
   S   =                                        
             6

Where:

   S   =   Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either.

   LA   =   Total length of building A. The total length of building A is the length of that portion of a wall of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.

   LB   =   Total length of building B. The total length of building B is the length of that portion of a wall of building B from which, when viewed directly from above, the lines drawn perpendicular to building B will intersect any wall of building A.

   HA   =   Height of building A. The height of building A at any given level is the height above natural grade level of any portion of a wall along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion of the wall along the total length of the building.

   HB   =   Height of building B. The height of building B at any given level is the height above natural grade level of any portion of a wall along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion of the wall along the total length of the building.

   (F)   The distance from the front lot line to the nearest point of a principal building shall not be less than 25 feet, except that where an entire block frontage is developed at one time, under single ownership or control, then the minimum setback may be reduced to 20 feet, provided that the average setback for all structures shall not be less than 25 feet.

   (G)   Off-street parking shall be permitted to occupy a portion of the required front yard, provided that there shall be maintained a minimum unobstructed and landscaped setback of 10 feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way line as indicated on the Thoroughfare Plan of the Master Plan of Future Land Use.

   (H)   No side yards are required along the interior side lot lines of the district, except as otherwise specified in the Building Code, provided that if walls of structures facing such interior side lot lines contain windows, or other openings, side yards of not less than 10 feet shall be provided. On a corner lot which has a common rear lot line with a residential district, there shall be provided a setback of not less than 10 feet on the side bordering the residential district or street.

   (I)   Off-street loading space shall be provided in the rear yard in the ratio of at least 1 space for each establishment and shall be provided in addition to any required off-street parking area. Off-street loading space shall further meet the requirements of § 82-457. This provision shall not apply in the CBD District. In those instances where properties abut an alley, such alley may be substituted for off-street loading requirements in business districts. In office districts off-street loading may take place in undesignated places in parking lots, provided such loading is of a short-term nature.

   (J)   No building shall be closer than 75 feet to any adjacent residential district or to any major thoroughfare.

   (K)   Off-street parking shall be permitted in a required side yard setback.

   (L)   Off-street parking may be permitted within the required front yard, provided that such off-street parking is not located within 20 feet of the front lot line.

   (M)   No building shall be located closer than 50 feet or the height of the building, whichever is the greater, to the outer perimeter (property line) of such district when the property line abuts any residential district.

   (N)   All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than 6 feet high, or with a chainlink type fence and a greenbelt planting so as to obscure all view from any adjacent residential, office, or business district or from a public street.

(1993 Code, § 82-427) (Ord. passed 10-12-1992)

   The intent of this section is to permit the subdivider or developer to vary lot sizes and lot widths so as to average the minimum size of lot per unit as required in the schedule of regulations in this article for each one-family residential district. If this option is selected, the following conditions shall be met.

      (1)   In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than 10% below that area or width required in the schedule of regulations and shall not create an attendant increase in the number of lots.

      (2)   Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located.

      (3)   All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.

(1993 Code, § 82-428) (Ord. passed 10-12-1992)

   (A)   The intent of the subdivision open space plan is to promote the following objectives:

      (1)   Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets;

      (2)   Encourage developers to use a more creative approach in the development of residential areas;

      (3)   Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and allowing the developer to by-pass natural obstacles on the site;

      (4)   Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.

   (B)   Modifications to the standards as outlined in the schedule of regulations in this article may be made in the one-family residential districts when the following conditions are met.

      (1)   The lot area in all one-family residential districts, which are served by a public sanitary sewer system, may be reduced up to 20%. In the R-1 District, this reduction may be accomplished in part by reducing lot widths up to 5 feet. In the R-2 Districts, this reduction may be accomplished in part by reducing lot widths up to 10 feet. These lot area reductions shall be permitted provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each one-family district under the schedule of regulations in this article. All calculations shall be predicated upon the one-family districts having the following gross densities (including roads):

   R-1   =   3.8 dwelling units per acre.

   R-2   =   2.7 dwelling units per acre.

      (2)   Rear yards may be reduced to 30 feet when such lots border on land dedicated for park, recreation and/or open space purposes, provided that the width of the dedicated land shall not be less than 100 feet measured at the point at which it abuts the rear yard of the adjacent lot.

      (3)   Under the provisions of subsection (B)(1) of this section, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in the schedule of regulations, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision in a manner approved by the municipality.

      (4)   The area to be dedicated for subdivision open space purposes shall in no instance be less than 4 acres and shall be in a location and shape approved by the Planning Commission.

      (5)   The land area necessary to meet the minimum requirements of this section shall not include bodies of water, swamps or land with excessive grades making it unsuitable for recreation. All land dedicated shall be so graded and developed as to have natural drainage. The entire area may, however, be located in a floodplain.

      (6)   This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the City Council and the subdivider or developer.

      (7)   This plan, for reduced sizes, shall be started within 6 months after having received approval of the final plat and must be completed in a reasonable time. Failure to start within this period shall void all previous approval.

      (8)   Under this planned unit approach, the developer or subdivider shall dedicate the total park area (see subsection (B)(1) of this section) at the time of filing of the final plat or any portion of the plat.

(1993 Code, § 82-429) (Ord. passed 10-12-1992)

   The intent of this section is to permit the development of single-family residential patterns which, through design innovation, will introduce flexibility so as to provide for the sound physical handling of site plans in situations where the normal subdivision approach would otherwise be unnecessarily restrictive. To accomplish this, the following modifications to the single-family residential standards shall be permitted subject to the conditions herein imposed.

      (1)   Under this section, the attaching of single family homes will be permitted when the homes are attached through a common party wall which does not have over 60% of its area in common with an abutting dwelling wall; by means of an architectural wall detail which does not form interior room space; or through a common party wall in only the garage portion of adjacent structures, there being no common party wall relationship permitted through any other portion of the residential unit.

      (2)   The number of units attached in the above manner shall not exceed 4.

      (3)   Yard requirements may be modified as follows.

         (a)   Yards abutting a street may be reduced to not less than 25 feet.

         (b)   Spacing between groups of attached units or individual units shall be at least 20 feet in the R-1 District and 15 feet in the R-2 District.

         (c)   That side of a cluster adjacent to a service drive or private land shall not be nearer to said drive or land than 10 feet.

      (4)   In all single-family residential districts on parcels of land meeting certain criteria, densities in a cluster development may be increased to the following maximum (including street right-of-way):

   R-1 District   =   4.5 dwelling units/acre.

   R-2 District   =   3.7 dwelling units/acre.

      (5)   The Planning Commission may approve the clustering or attaching of buildings on parcels of land, under single ownership and control, which, in the opinion of the Planning Commission, have characteristics which would make sound physical development under the normal subdivision approach impractical because of parcel size, shape or dimension or because of steep topography, soil problems or similar natural conditions. In approving an area for cluster development at the densities permitted in subsection (4) of this section, the Planning Commission shall find at least 1 of the following conditions to exist.

         (a)   The parcel to be developed is generally parallel to, and generally does not exceed 400 feet in depth, on those unsubdivided parcels of land abutting a major thoroughfare or freeway of at least 120 feet of right-of-way width so as to provide transition between the major thoroughfare and adjacent single-family detached housing.

         (b)   The parcel contains major topographic problems which, in the opinion of the Planning Commission, would make sound physical development under the normal subdivision approach impractical. In approving these areas for single-family cluster development, the Planning Commission shall find that:

            1.   Slopes within the site in excess of 10% appear as a typical feature of the site rather than an exceptional or infrequent feature of the site;

            2.   The achieving of the road grades of less than 10% is impossible unless the site was mass graded. The providing of one-family clusters will, in the opinion of the Planning Commission, allow a greater preservation of the natural setting.

         (c)   A small parcel which is shaped in such a way that it contains acute angles which would make a normal subdivision difficult to achieve and has frontage on a major or secondary thoroughfare.

         (d)   A substantial part of the parcel's perimeter is bordered by a major thoroughfare which would result in a substantial proportion of the lots of the development abutting the major thoroughfare.

         (e)   The parcel contains a floodplain or poor soil conditions which result in a substantial portion of the total area of the parcel being unbuildable. Soil test borings, floodplain maps or other documented evidence must be submitted to the Planning Commission in order to substantiate the parcel's qualification for cluster development.

         (f)   The parcel contains natural assets which could be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, unusual topographic features, or other natural assets which, in the opinion of the Planning Commission, should be preserved. Requests for qualification under these conditions must be supported by documented evidence which indicates that the natural assets would qualify the parcel under this option.

      (6)   The area in open space accomplished through the use of one-family clusters shall represent at least 15% of the horizontal development area of a one-family cluster development.

      (7)   In order to provide an orderly transition where the project proposed for use as a cluster development abuts a one-family residential district, the Planning Commission shall determine that the abutting one family district is effectively buffered by means of 1 of the following within the cluster development: single-family lots subject to the standards of the schedule of regulations, open or recreation space, changes in topography which provides an effective buffer, a major or secondary thoroughfare, some other similar means of providing a transition.

      (8)   Any area to be dedicated for park, recreation or open space purposes as a result of the application of this section shall be subject to review and approval of the Planning Commission for minimum size, shape, location, access, the character of any improvement and assurance of the permanence of the open space and its continued maintenance.

      (9)   In submitting a proposed layout under this section, the sponsor of the development shall include, along with the site plan, the proposed building elevations and typical floor plans, an indication of existing and proposed public easements, soil information or data sufficient to determine the buildability of the site, topography drawn at a 2 foot contour interval, all computation relative to acreage and density, and any other details which will assist in reviewing the proposed plan.

      (10)   Approval of a site plan under this section shall be effective for a period of 1 year. Development not started in this period shall be considered as abandoned and authorization shall expire requiring that any proposed development thereafter shall be reviewed and approved by the Planning Commission. Any proposed change in site plan or building plans, after approval has been received, shall require review and approval by the Planning Commission prior to effecting the change.

      (11)   Application of this option shall only be permitted when the site plan has been reviewed and approved by the Planning Commission.

(1993 Code, § 82-430) (Ord. passed 10-12-1992)

   (A)   The intent of this section is to permit the development of single-family detached dwellings by site planning the layout of individual dwellings, streets and open space. To accomplish development under this option, the following conditions shall apply. In the one-family residential districts, the site planning of individual single-family dwellings may be permitted after review of a site plan by the Planning Commission in accordance with the public hearing requirements set forth and regulated in § 82-34(C).

   (B)   The Planning Commission in making its review shall find that the following minimum standards are fully met.

      (1)   The maximum number of individual single family dwellings per acre, throughout the entire site, shall not exceed the dwelling unit density level of the one-family district in which the site is located. These densities, including roads, are as follows:

         (a)   R-1 One-Family Residential Districts   =   3.8 dwellings/acre.

         (b)   R-2 One-Family Residential Districts   =   2.7 dwellings/acre.

      (2)   An area equal to the minimum land area requirement of the district shall be provided for each dwelling unit, including the building envelope.

      (3)   Setbacks shall be provided for each building envelope equal to the minimum setback requirements of the district as set forth below.

         (a)   Front setback shall be measured from the street right-of-way, or from the similar line of a private street easement, to the front of the building envelope.

         (b)   Side setback shall be measured from building envelope to building envelope and shall be at least equal to the total minimum side yard setback requirement of the district between 2 single family detached dwellings.

         (c)   Rear setback shall be measured from the rear line of the building envelope to the rear property line or to the nearest common space area.

      (4)   All streets shall be built to public street standards and may be dedicated to the city as public streets or remain as private streets. All public streets shall be located within an appropriate right-of-way as set forth in the city's Master Plan. Private streets shall be located within an easement equal in width to the appropriate street right-of-way.

      (5)   All streets, utilities and improvements required for subdivision shall be installed to applicable city standards.

      (6)   The condominium subdivision plan shall include all necessary easements granted to the city for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including conveyance of sewage, water and stormwater run-off across, through and under the property subject to the easement, and excavating and refilling ditches and trenches necessary for the location of the structures.

      (7)   The maximum number of stories and building height restrictions of the district shall be met as shall the minimum floor area requirements of the district. Any detached accessory uses shall comply with the applicable standards of this chapter for such uses. Setbacks required for such uses shall be measured from the outer perimeter of the land area boundaries as required in this section for each individual single-family detached dwelling.

(1993 Code, § 82-431) (Ord. passed 10-12-1992)