Effective on: 5/20/2019

1. Economic Development. Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local economy, by promoting the vitality and development of commercial and industrial districts.
2. Public Health and Safety. Protect public health and safety and environmental quality by:

1. 1. Ensuring an adequate street network in order to lessen congestion in the streets;

1. 2. Ensuring the provision of adequate open space for  light, air, and fire safety;
   3. Preventing the overcrowding of land and promoting a healthful and convenient distribution of population by regulating the density and intensity of development;
   4. Facilitating the adequate provision of transportation, water, drainage, sewerage, schools, parks and other public requirements; and

   5. Preserving and protecting existing trees and vegetation, woodlands, floodplains, stream and riparian corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development.

3. Quality of Life. Protect the quality of life of City residents, business owners, employees, and visitors by:

1. 1. Improving the city’s appearance through the regulation of design, where such regulations are appropriate;
   2. Avoiding both undue concentration of population and urban sprawl; 
   3. Protecting property against blight and depreciation by facilitating reinvestment, redevelopment, and infill development; and 
   4. Protecting the character and stability of agricultural, residential, institutional, commercial, industrial and natural areas. 

4. Fiscal and Functional Health . Protect the fiscal and functional health of the City by:

1. 1. Encouraging the most appropriate, efficient, and compatible use of land, buildings and other structures throughout the City;
   2. Securing economy in government private sector expenditures by promoting efficiency in development review; and 
   3. Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access.

Effective on: 5/20/2019

1. 1. Generally. All provisions of this UDC apply within the corporate limits of the City of Dayton.
   2. Extraterritorial Jurisdiction (ETJ). In order to ensure orderly, fiscally, and environmentally responsible growth of the City and its one-mile area of subdivision control, all provisions of this UDC apply in the ETJ except for:

1. 1. 1. Section 14.102, Base Districts and Standards;
      2. Section 14.103, Specific Use Standards; and
      3. Section 14.204, Trees, Landscaping, and Buffering.

Effective on: 5/20/2019

1. May 20, 2019; or
2. The date that the City Council adopts the Official Zoning Map. 

Effective on: 5/20/2019

5. Official Zoning Map.

1. 1. Generally. Zoning districts are shown on the map entitled "Official Zoning Map" of the City of Dayton. An official copy of the map is on file and available for inspection during regular business hours at the office of the Director. 
   2. Force and Effect. The Official Zoning Map, together with all legends, references, symbols, boundaries, and other information, is part of, and has the same force of law as the text of this UDC.
   3. Status of the Zoning Map. The Official Zoning Map that is on file with the City Clerk shall control in the event of a conflict between the map that is on file and any other paper or digital reproduction of the map.
   4. Interpreting the Zoning Map. 
      1. Where the map appears to be unclear regarding the location of district boundaries, the Director shall make a determination using the following criteria:

1. 1. 1. Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the center line of the rights-of-way or easement. Where the location of these features on the ground differs from that shown on the Official Zoning Map, the features on the ground control.
      2. City Limits. Where district boundaries are indicated as approximately following City limits, such City limits shall be considered the district boundaries.
      3. Property Lines. Where the boundaries are indicated as approximately following property lines, such lines shall be construed to be the boundaries.
      4. Watercourses. Boundaries shown as following, or approximately following, the centerline of drainage ways, streams, water bodies, or other watercourses shall be construed as following the centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the centerline.
      5. Vacation or Abandonment. Where a public right-of-way is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street or alley.
      6. Annexed and Undesignated Lands. For the purposes of ensuring that all land has a zoning designation, any land that is annexed into the City shall be zoned in accordance with its associated future land use class(es) as set forth in the Future Land Use and Character Map in the Comprehensive Plan and in Table 14.102.1-1, Zoning Districts.

2. If the boundary remains uncertain, the Board of Adjustment shall interpret the Official Zoning Map to determine the location of the boundary in question. 
    

Effective on: 5/20/2019

2. Land Uses and Off-Street Parking.  Table 14.102.2-2, Permitted Uses and Minimum Off-Street Parking Spaces, show the uses and use categories in a Conventional neighborhood type that are permitted by-right or require a Conditional Use Permit. Section 14.902, Definitions, lists the specific uses that compose each use category. Sec. 14.102.12, Housing Types and Non-Conventional Neighborhood Types, lists permitted uses and use categories for cluster and planned neighborhoods. Any unlisted use or use category is prohibited in this zoning district. Associated minimum off-street parking spaces apply to both conventional and non-conventional neighborhood types. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Not applicable. 
4. Signs. Table 14.102.2-3, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls. 

Effective on: 5/20/2019

Table 14.102.3-1, Development Standards			Figure 14.102.3-1, Development Standards
Max. Dwelling Units per Acre	1.00
(A) Min. Lot Area	1 acre
(B) Min. Lot Width	125 feet
(C) Min. Street Setback	40 feet
(D) Min. Interior Side Setback	20 feet
(E) Min. Exterior Side Setback	25 feet
(F) Min. Rear Setback	60 feet
(G) Max. Building Coverage (%)	NA1
Max. Height	35 feet
Min. Open Space Ratio2 (%)	15
TABLE NOTES: 1NA = Not Applicable; 2Per subdivision, not per lot.

2. Land Uses and Off-Street Parking.  Table 14.102.3-2, Permitted Uses and Minimum Off-Street Parking Spaces, shows the uses and use categories in a Conventional neighborhood type that are permitted by-right or require a Conditional Use Permit. Section 14.902, Definitions, lists the specific uses that compose each use category. Sec. 14.102.12, Housing Types and Non-Conventional Neighborhood Types, lists permitted uses and use categories for Cluster and Planned Neighborhoods. Any unlisted use or use category is prohibited in this zoning district. Associated minimum off-street parking spaces apply to both conventional and non-conventional neighborhood types. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Table 14.102.3-3, Landscape Standards, provides general standards for conventional neighborhood residential development in this zoning district on properties less than two acres in lot area. See Section 14.204, Trees, Landscaping, and Buffering, for more detailed provisions.

Table 14.102.3-3, Landscape Standards			Figure 14.102.3-3, Landscape Standards
Min. Canopy or Evergreen Trees in street yard area per 50' of Street Frontage1, 2	0.375
Min. Ornamental Trees in street yard area per 50' of Street Frontage	0.25
TABLE NOTES: 1For corner lots, applies to the narrower of the two street frontages only.2The resulting number of trees shall be rounded up to the nearest whole number. For example, a corner lot with 125 feet of frontage on one street and 350 feet frontage on another requires 1 canopy trees and 1 ornamental.

4. Signs. Table 14.102.3-4, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls.

Effective on: 5/20/2019

Table 14.102.4-1, Development Standards			Figure 14.102.4-1, Development Standards
Max. Dwelling Units per Acre	4.00
(A) Min. Lot Area	10,890 Sq Ft
(B) Min. Lot Width	70 feet
(C) Min. Street Setback	30 feet
(D) Min. Interior Side Setback	12 feet
(E) Min. Exterior Side Setback	20 feet1
(F) Min. Rear Setback	40 feet
(G) Max. Building Coverage (%)	NA2
Maximum Height	35 feet
Minimum Open Space Ratio3(%)	10
TABLE NOTES: 1Garage must be setback a minimum of 25 feet if it opens to an exterior side setback. 2NA = Not Applicable. 3Per subdivision, not per lot.

2. Land Uses and Off-Street Parking. Table 14.102.4-2, Permitted Uses and Minimum Off-Street Parking Spaces, shows the uses and use categories in a Conventional neighborhood type that are permitted by-right or require a Conditional Use Permit. Sec. 14.102.12, Housing Types and Non-Conventional Neighborhood Types, lists permitted uses and use categories for Cluster and Planned Neighborhoods. Any unlisted use or use category is prohibited in this zoning district. Associated minimum off-street parking spaces apply to both conventional and non-conventional neighborhood types. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Table 14.102.4-3, Landscape Standards, provides general standards for conventional neighborhood residential development in this zoning district. See Section 14.204, Trees, Landscaping, and Buffering, for more detailed provisions.

Table 14.102.4-3, Landscape Standards			Figure 14.102.4-3, Landscape Standards
Min. Canopy or Evergreen Trees in street yard per 50' of Street Frontage1, 2	0.25
Min. Ornamental Trees in street yard per 50' of Street Frontage	0.5
TABLE NOTES: 1For corner lots, applies to the narrower of the two street frontages only. 2The resulting number of trees shall be rounded up to the nearest whole number. For example, a corner lot with 70 feet of frontage on one street and 156 feet frontage on another requires 1 canopy tree and 1 ornamental.

4. Signs. Table 14.102.4-4, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls.

Effective on: 5/20/2019

2. Land Uses and Off-Street Parking. Table 14.102.6-2, Permitted Uses and Minimum Off-Street Parking Spaces, shows the uses and use categories that are permitted by-right or require a Conditional Use Permit. Section 14.902, Definitions, lists the specific uses that compose each use category. Any unlisted use or use category is prohibited in this zoning district. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Table 14.102.6-3, Landscape Standards, provides general standards for conventional neighborhood residential development of townhouses, duplexes, and multiplexes in this zoning district. See Section 14.204, Trees, Landscaping, and Buffering, for more detailed provisions, including those related to apartment complexes.

Table 14.102.6-3, Landscape Standards1			Figure 14.102.6-3, Landscape Standards (Multiplex)
Minimum Landscape Surface Ratio	25%
Min. Canopy or Evergreen Trees in street yard area per 50' of Street Frontage2,3	0.25
Min. Ornamental Trees in street yard area per 50' of Street Frontage	0.5
TABLE NOTES: 1For townhouses, the applicant may apply to the each grouping of units, rather than lot-by-lot.  2For corner lots, applies to the narrower of the two street frontages only 3The resulting number of trees shall be rounded up to the nearest whole number. For example, a corner lot with a multiplex and with 100 feet of frontage on one street and 100 feet frontage on another requires 1 canopy tree and 1 ornamental.

4. Signs. Table 14.102.6-4, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls.

Effective on: 5/20/2019

Table 14.102.7-1, Development Standards			Figure 14.102.7-1, Development Standards
Maximum Floor Area Ratio (FAR) - 1 story - 2 stories - 3 stories	0.962 1.852 2.680
(A) Minimum Lot Width	30 feet
(B) Min. Street and Exterior Side Setback	0 feet
(B) Max. Street and Exterior Side Setback	5 feet1
(C) Minimum Interior Side Setback	0 feet
(D) Minimum Rear Setback	15 feet
(E) Maximum Building Coverage	99%
Maximum Height	3 stories2
Minimum Height	2 stories
TABLE NOTES: 1If a public entrance is at the corner of a building, the angular façade containing the entrance may be recessed a maximum of 10 feet from the intersection of the two right-of-way lines. Buildings may exceed a five-foot setback up to a maximum of 10 feet to provide: - A sidewalk along the building frontage; or - A public gathering area or plaza that offers seating or dining, landscape or hardscape enhancements, public displays, or other pedestrian amenities.  2A Conditional Use Permit is required for an additional story.

2. Land Uses and Off-Street Parking. Table 14.102.7-2, Permitted Uses and Minimum Off-Street Parking Spaces, shows the uses and use categories that are permitted by-right or require a Conditional Use Permit. Section 14.902, Definitions, lists the specific uses that compose each use category. Any unlisted use or use category is prohibited in this zoning district. Except for upper-story dwellings, permitted and conditional uses in this district do not require off-street parking. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Table 14.102.7-3, Landscape Standards, provides general standards for development in this zoning district on properties less than two acres in lot area. See Section 14.204, Trees, Landscaping, and Buffering, for more detailed provisions.

Table 14.102.7-3, Landscape Standards			Figure 14.102.7-3, Landscape Standards
(A) Min. Landscape Surface Ratio (LSR)	1%1
Min. Canopy Trees per 50' of Street Frontage (Tree wells where applicable)2, 3	2
TABLE NOTES: 1Tree wells in the public right-of-way may count toward the LSR with approval of the Public Works Director. 2For corner lots, applies to both frontages. 3The resulting number of trees shall be rounded up to the nearest whole number. For example, a corner lot with a duplex and with 30 feet of frontage on one street and 140 feet frontage on another requires 7 canopy trees.

4. Signs. Table 14.102.7-4, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls.

Effective on: 5/20/2019

Table 14.102.8-1, Development Standards			Figure 14.102.8-1, Development Standards
Maximum Floor Area Ratio (FAR) - 1 story - 2 stories	0.280 0.335
(A) Minimum Lot Area - Abutting residential zoning1 - Abutting other zoning	10,890 sq ft2 1 acre
(A) Maximum Lot Area - Abutting residential zoning1 - Abutting other zoning	1 acre NA2
(B) Minimum Lot Width	60 feet
(C) Min. Street and Exterior Side Setback - Abutting expressway or arterial - Abutting other street classes	25 feet 20 feet
(D) Minimum Interior Side Setback	10 feet3
(E) Minimum Rear Setback	10 feet3
Maximum Height	45 feet4
TABLE NOTES: 1Also applies to permitted nonresidential development in a residential zoning district.  2 Sq Ft = Square Feet; NA = Not Applicable.  320 feet if abutting a residentially used or zoned property or if permitted nonresidential development in a residential zoning district. 4A Conditional Use Permit is required for an additional story.

2. Land Uses and Off-Street Parking. Table 14.102.8-2, Permitted Uses and Minimum Off-Street Parking Spaces, shows the uses and use categories that are permitted by-right or require a Conditional Use Permit. Section 14.902, Definitions, lists the specific uses that compose each use category. Any unlisted use or use category is prohibited in this zoning district. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Table 14.102.8-3, Landscape Standards, provides general standards for this zoning district. See Section 14.204, Trees, Landscaping, and Buffering, for more detailed provisions.

Table 14.102.8-3, Landscape Standards			Figure 14.102.8-3, Landscape Standards
(A) Min. Landscape Surface Ratio (LSR)	15%
(B) Street Bufferyard Type
- Adjacent to Arterial Street	B
- Adjacent to Collector Street	A
- Adjacent to Local Street	A
(C) District Bufferyard Type
- Adjacent to RA, SR, SU, EN, UR, DT, MP	B
- Adjacent to BP, IN	A

4. Signs. Table 14.102.8-4, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls.

Effective on: 5/20/2019

Table 14.102.9-1, Development Standards			Figure 14.102.9-1, Development Standards
Maximum Floor Area Ratio (FAR) - 1 story - 2 stories - 3 stories	0.962 1.852 2.680
(A) Minimum Lot Area	2 acres
(B) Minimum Lot Width	300 feet
(C) Min. Street and Exterior Side Setback	0 feet
(C) Max. Street and Exterior Side Setback	65 feet
(D) Minimum Interior Side Setback	01 feet
(E) Minimum Rear Setback	25 feet
Maximum Height	3 stories2
TABLE NOTES: 125 feet if adjacent to residentially zoned of used property;  2A Conditional Use Permit is required for an additional story.

2. Land Uses and Off-Street Parking. Table 14.102.9-2, Permitted Uses and Minimum Off-Street Parking Spaces, shows the uses and use categories that are permitted by-right or require a Conditional Use Permit. Section 14.902, Definitions, lists the specific uses that compose each use category. Any unlisted use or use category is prohibited in this zoning district. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Table 14.102.9-3, Landscape Standards, provides general standards for this zoning district. See Section 14.204, Trees, Landscaping, and Buffering, for more detailed provisions.

Table 14.102.9-3, Landscape Standards			Figure 14.102.9-3, Landscape Standards
(A) Minimum Open Space Ratio - Per development - Percentage of required open space assembled into a central open space	15% 50%
(B) Street Bufferyard Type
- Adjacent to Arterial Street	B
- Adjacent to Collector Street	B
- Adjacent to Local Street	B
(C) District Bufferyard Type
- Adjacent to RA, SR, SU, EN, UR, DT, GC	C
- Adjacent to BP, IN	B

4. Signs. Table 14.102.9-4, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls.

Effective on: 5/20/2019

Table 14.102.10-1, Development Standards			Figure 14.102.10-21 Development Standards
(A) Minimum Lot Area	0.5 acre
Maximum Floor Area Ratio (FAR) -1 story -2 stories -3 stories	0.342 0.435 0.478
(B) Minimum Lot Width	125 feet
(C) Minimum Street Setback	35 feet
(D) Maximum Street Setback	100 feet
(E) Minimum Interior Setback	15 feet1
(F) Minimum Exterior Side Setback	25 feet
(G) Minimum Rear Setback	35 feet1
Maximum Height	45 feet2
TABLE NOTES: 150 feet if abutting a residentially used or zoned property.  2A Conditional Use Permit is required for additional height.

2. Land Uses and Off-Street Parking. Table 14.102.10-2, Permitted Uses and Minimum Off-Street Parking Spaces, shows the uses and use categories that are permitted by-right or require a Conditional Use Permit. Section 14.902, Definitions, lists the specific uses that compose each use category. Any unlisted use or use category is prohibited in this zoning district. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Table 14.102.10-3, Landscape Standards, provides general standards for this zoning district. See Section 14.204, Trees, Landscaping, and Buffering, for more detailed provisions.

Table 14.102.10-3, Landscape Standards			Figure 14.102.10-3, Landscape Standards
(A) Min. Landscape Surface Ratio (LSR)	20%
(B) Street Bufferyard Type
- Adjacent to Arterial Street	C
- Adjacent to Collector Street	C
- Adjacent to Local Street	B
(C) District Bufferyard Type
- Adjacent to RA, SR, SU, EN, UR, DT, MP	C
- Adjacent to BP, IN	A

4. Signs. Table 14.102.10-4, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls.

Effective on: 5/20/2019

Table 14.102.11-1, Development Standards			Figure 14.102.11-1, Development Standards
(A) Minimum Lot Area	1 acre
(B) Minimum Lot Width	250 feet
(C) Minimum Street Setback	25 feet
(D) Minimum Interior Setback	20 feet1
(E) Minimum Exterior Side Setback	25 feet
(F) Minimum Rear Setback	20 feet1
Maximum Height	60 feet2
TABLE NOTES:  150 feet if abutting a residentially used or zoned property. 2A Conditional Use Permit is required for additional height.

2. Land Uses and Off-Street Parking. Table 14.102.11-2, Permitted Uses and Minimum Off-Street Parking Spaces, shows the uses and use categories in a Conventional neighborhood type that are permitted by-right or require a Conditional Use Permit. Section 14.902, Definitions, lists the specific uses that compose each use category. Any unlisted use or use category is prohibited in this zoning district. See Section 14.203, Parking, Loading, Stacking, and Access, for more detailed provisions.

3. Landscaping and Buffering. Table 14.102.11-3, Landscape Standards, provides general standards for this zoning district. See Section 14.204, Trees, Landscaping, and Buffering, for more detailed provisions.

Table 14.102.11-3, Landscape Standards			Figure 14.102.11-3, Landscape Standards
(A) Min. Landscape Surface Ratio (LSR)	15%
(B) Street Bufferyard Type
- Adjacent to Arterial Street	B
- Adjacent to Collector Street	B
- Adjacent to Local Street	B
(C) District Bufferyard Type
- Adjacent to RA, SR, SU, EN, UR, DT, MP	C
- Adjacent to BP, IN	A

4. Signs. Table 14.102.11-4, Permitted Sign Types, establishes the sign types that require or do not require a sign permit and contains a cross-reference to sing type standards. Sign types not listed are prohibited in this zoning district. See Section 14.205, Signs, for more detailed provisions. If there is a conflict between the table below and the provisions of Section 14.205, then Section 14.205 controls.

Effective on: 5/20/2019

1. 1. Conventional . A conventional residential neighborhood is a pattern of development that allows residential uses and that provides the majority of property owners with open space on their own property. A conventional neighborhood consists of mostly single-family detached dwelling units developed in accordance with the conventional development standards of this Section, excluding Sec. 14.102.13, Non-Conventional Neighborhood Development Standards. Minimum lot size is a primary factor in the character of a conventional subdivision. See Figure 14.102.12-1, Illustrative Conventional Neighborhood. 

Figure 14.102.12-1, Illustrative Conventional Neighborhood

1. 2. Cluster. A cluster neighborhood consists of single-family detached dwelling units developed in accordance with the cluster development standards in Sec. 14.102.13, Non-Conventional Neighborhood Development Standards, with smaller lots that are clustered together in order to provide for additional common open spaces. Often, the common open space is set-aside for resource features such as parks, recreation areas, woodlands, creeks and streams and their riparian areas,  floodplains, etc. Therefore, cluster development may be used to preserve environmental resources by clustering development on the buildable portions of the property. See Figure 14.102.12-2, Illustrative Cluster Neighborhood.

1. 1. 1. Common open space shall, to the greatest extent practicable, be interconnected with other open space areas, greenways, and trail systems (if provided) within the development and on abutting lands where such integration is practical and does not materially compromise the resource value of the protection areas.

      2. Open space shall be integrated into the development design so as to bring access to significant open space to the maximum number of properties; provided, however, that physical access may be limited if such limitation would material enhance natural resource management.

      3. Where adjacent to existing conventional single-family development, cluster neighborhood lots on the perimeter shall be equal to or greater than the lot area and width of the adjacent conventional lots. Alternatively, the dwelling units on the perimeter cluster lots shall be set back from the boundary of the cluster neighborhood a minimum of the following distances:

         1. One to four lots: Required rear setback; 

         2. Five to 20 lots: 30 feet; and

         3. 21 or more lots: 50 feet.

Figure 14.102.12-2, Illustrative Cluster Neighborhood

3. Planned Neighborhood. A planned neighborhood allows four housing types, and utilizes commonly-owned areas as organizing features.See Figure 14.102.12-3, Illustrative Planned Neighborhood.

1. 1. Different housing types within a planned neighborhood may be integrated together or may be located within separate pods with the required open space provided a buffer between the housing types.
   2. Where single-family detached or single-family attached dwelling units abut multiple-family dwellings, a Type B bufferyard may be used to provide for enhanced compatibility between housing types.
   3. Where a planned neighborhood abuts, is adjacent to, or is located across a local street from existing housing, the housing types that are nearest or across the street shall be comparable to the existing housing types in terms of the housing type, scale, and method of access.
   4. Lots shall take access to an interior street, alley, parking court, or shared driveway. If a perimeter street is also a local street, lots shall front on the perimeter street and may take access from it if the lots across the street also take access from the street.

   5. Where adjacent to existing conventional single-family development, planned neighborhood lots on the perimeter shall be equal to or greater than the lot area and width of the adjacent conventional lots. Alternatively, the dwelling units on the perimeter planned lots shall be set back from the boundary of the planned neighborhood a minimum of the following distances

      1. One to four lots: Required rear setback; 

      2. Five to 20 lots: 75 feet; and

      3. 21 or more lots: 100 feet.

Figure 14.102.12-3, Illustrative Planned  Neighborhood

3. Housing Types. 

Table 14.102.12-4, Single-Family Housing Types
Single-Family Detached:  A building located on a single lot, designed exclusively for occupancy by one family and entirely separated from any other dwelling by setbacks on all sides.	Patio Home:  A single-family detached dwelling with front and rear setbacks and a single side setback.	Single-Family Attached:  Two attached single-family dwellings located on two separately platted lots that share a common firewall along the interior lot line.	Townhouse:  A set of attached dwelling units in a row of at least three, but no greater than seven, of such units, each of which is located on a separate lot and is separated from the others by common fire-resistive walls.

Table 14.102.12-5, Two- and Multi-Family Housing Types
Duplex:  A building containing two dwelling units on a single lot, designed to be occupied by two families living independently of each other.	Multiplex:  A multi-family building with three to four dwelling units on a single lot designed to resemble a large single-family detached dwelling. Units may have either private or shared access and may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under.	Apartment:  A multi-family building located on a single lot designed or altered for occupancy by three or more families living independently of each other and entirely separated from any other dwelling by setbacks on all sides. A single proprietor owns all dwelling units.

Effective on: 5/20/2019

1. Cluster. In the SR zoning district, Cluster neighborhood type:

1. 1. 1. 1. 40 acre parcel proposed for development
         2. 40 acres multiplied by a minimum open space ratio of 0.30 = 12 acres
         3. 40 acres minus 12 acres of open space = 28 buildable acres
         4. 28 buildable acres multiplied by 1.32 units per acre = 36.96 units, rounded to 37 units

2. Planned. In the SR zoning district, Planned neighborhood type:

1. 1. 1. 1. 40 acre parcel proposed for development
         2. 40 acres multiplied by a minimum open space ratio of 0.40 = 16 acres
         3. 40 acres minus 16 acres of open space = 24 buildable acres
         4. 24 buildable acres multiplied by 2.17 units per acre = 52.08 units, rounded to 52 units

3. Housing Types. Except for the standards for the Planned neighborhood type in the SU zoning district, the provisions in Table 14.102.13-1, Non-Conventional Neighborhood Development Standards, are for single-family detached dwellings. Duplexes, single-family attached dwellings, and patio homes are permitted by-right in the SU district planned neighborhood type in addition to single-family detached dwellings. Townhouses require a Conditional Use Permit in the SU district, subject to the standards in the Table.

4. Requirements for Phased Developments. The maximum residential development capacity of the entire parcel proposed for development shall be used for calculating compliance with the minimum open space ratio and maximum dwelling units per acre set out in Table 14.102.13-1, Non-Conventional Neighborhood Development Standards. In addition, the required open space shall be proportionately provided per phase. 

Effective on: 5/20/2019

1. 1. The actual or projected characteristics of the activity in relationship to the stated characteristics of each Use Category;
   2. The amount of site area or floor space and equipment devoted to the activity;
   3. Parking demand;
   4. Average daily and peak hour trip generation (cars and trucks);
   5. Types of vehicles used and their parking requirements;
   6. Building coverage and impervious surface;
   7. Regulated air or water emissions;
   8. Noise, lighting, dust, and odors;
   9. Solid waste generation;
   10. The number of employees on a typical shift;
   11. Potentially hazardous conditions;
   12. Use and storage of hazardous materials;
   13. Character of buildings and structures;
   14. How the use is advertised;
   15. Nature and impacts of operation; and
   16. Hours of operation.

3. Text Amendment Required. If the Director determines that an unlisted proposed use is not similar to any other listed use or does not fit into an established Use Category, then the proposed use is permitted only following an approved Text Amendment in accordance with Sec. 14.604.1, UDC Text Amendment. 

Effective on: 5/20/2019

4. Additional Conditions. The Planning and Zoning Commission may recommend and the City Council may approve a Conditional Use Permit with conditions or modifications of the original submittal that it finds further the purpose of this UDC or bring about greater conformance with the Comprehensive Plan.

Effective on: 5/20/2019

1. 1. Advance the general welfare of the community;
   2. Enhance and protect the aesthetic interests of the community;
   3. Protect property values and lessening the impact that some accessory structures may have on residential properties; and
   4. Promote economic development by making the community a more desirable place to live, conduct business, and recreate. 

2. Generally. An accessory use or structure may be established provided that it is associated with a primary use in the Use Category definitions in Section 14.902, Definitions, and that it complies with the standards of this Section.
3. Standards that Apply to All Accessory Uses and Structures. The following standards shall apply to accessory uses and structures except as this Section or UDC indicate otherwise. 

1. 1. Use. An accessory use or structure may be established provided that it is associated with a primary use in the Use Category definitions in Section 14.902, Definitions, and that it complies with the standards of this Section. No accessory structure may be used unless the primary structure also is being used.

1. 2. Subordination. The accessory use or structure shall be subordinate to and serve a primary use or primary structure. Except as provided in this Section, a non-agricultural accessory structure must be subordinate in height to the primary structure.
   3. Commercial Use. Accessory structures located on residentially zoned or used property shall not be used for commercial purposes other than home occupations that comply with this Section.
   4. Timing of Construction. No detached accessory structure shall be constructed until the construction of the rafters, or general equivalent, of the primary structure has commenced.
   5. Same Property. An accessory use or structure must be located on the same parcel or lot as the primary use or structure.

1. 5.  Separation. No accessory structure shall be located closer than six feet to any other structure.
   6. Setbacks. Accessory structures shall comply with the street, interior side, and exterior side setback standards for the primary structure established in Section 14.102, Base Districts and Standards. Detached accessory structures have a minimum rear setback of 10 feet and attached accessory structures shall comply with the setback that applies to the primary structure.
   7. Easements. Accessory structures permanently affixed to the ground shall not encroach into an easement.
   8. Height. The maximum height for a residential or nonresidential accessory structure is 18 feet.  
   9. Compatibility. Accessory buildings (in excess of 120 square feet) shall be designed to be compatible with the primary building in terms of color and building materials.
   10. Fence Orientation. The finished side of all fences shall face outward toward neighboring property or adjacent rights-of-way. Posts and supports shall face inward toward the subject property.

4. Prohibited Accessory Structures and Uses.

1. 1. Shipping Containers. Shipping containers or pods larger than 100 square feet are prohibited from use as an accessory structure on residential property except as temporary storage units for the purposes of construction or to remove various household goods off of the property. Such units are subject to the temporary structure requirements in Article 4.200, Temporary Storage, of the City Code. Temporary storage units related to construction shall be removed when construction is finished, but in no case shall remain on the property in excess of 180 days without a temporary use permit in accordance with Sec. 14.603.11, Temporary Use Permit. Temporary storage units used to remove various household goods for long-term storage off of the property may remain on the property for a period not to exceed 90 days.
   2. Living Quarters. Portable storage buildings may not be used as a dwelling unit or occupied overnight.

5. Residential Fences and Walls .

1. 1. Applicability. The provisions of this Subsection apply to residentially zoned or used properties, excluding apartments. 
   2. Setbacks. Fences and walls are permitted in any required setbacks.  
   3. Height and Openness. The maximum height of a fence or wall within a required street setback or exterior side setback shall be 42 inches. The maximum height for any other residential fence or wall shall be six feet. On corner lots, fences and walls with greater than 50 percent opacity shall not encroach the street setback or exterior side setback. ​​​​​Fences or walls built parallel to and outside of the exterior side setback may have a maximum height of six feet and have no opacity requirement.
   4. Transitioning. For fences that cross a street or exterior side setback line, a five-foot transition area shall be provided between the six-foot and three and a half-foot sections of the fence. Such five-foot transition section shall be centered on the minimum required setback line. For existing subdivisions that do not have platted building setback lines, a twenty-foot setback shall apply for the purposes of this Subsection.
   5. Prohibited Fence Types. Barbed, razor, or electric wire shall be prohibited.
   6. Subdivision Perimeter Fences or Walls. Fences or walls along the perimeter of a new subdivision adjacent to a public right-of-way shall :
      1. Be installed by the subdivider;
      2. Be six feet in height;
      3. Not encroach into the public right-of-way; 
      4. Include stone or brick columns spaced a minimum of 30 feet apart,
      5. Be maintained by the homeowners' association; and
      6. Be of a consistent design for the entirety of subdivision with a type A bufferyard provided along the fence where adjacent to an arterial street. 

6. Home Occupations.

1. 1. Home occupations with the following characteristics are permitted. 

1. 2. The home occupation shall: 
      1. Be within the principal residence or a permitted accessory building; 
      2. Not occupy more than 25 percent of the gross floor area of the principal residence;
      3. Not have any exterior indication that the home occupation is taking place; 
      4. Have no outside employees who do not live on-site;
      5. Not generate traffic other than that normally associated with a residential use; and 
      6. Not require equipment or processes that would create a nuisance to neighboring properties.

7. Trucks and Business Vehicles in Residential Zoning Districts. No vehicles, trucks, semi-trailers trucks, or vans that are heavier than 15,000 pounds gross vehicle weight shall be parked outside on lots or on street in a residential zoning district.

8. Outdoor Display for Nonresidential Uses and Districts.

1. 1. Generally. Permanent or seasonal outdoor display of merchandise is permitted in the GC zoning district subject to the requirements of this Section.
   2. Accessory Use. The outdoor display area involves items for sale by a business that is located within a permanent structure or a designated area on the same site.
   3. Attached to Principal Building. An outdoor display area that is attached to a principal building (see Figure 14.103.3-1, Attached Outdoor Display Area) is permitted if the outdoor display area is:

1. 1. 1. Adjacent to a wall of a principal structure;
      2. Configured as a walled and/or decoratively fenced area that is architecturally integrated into the principal building;
      3. If covered, the display area shall be covered with a roof structure that is architecturally integrated into the primary building, except that nursery areas may be covered by greenhouse roofing, screening, or another cover material that is appropriate for protecting plant stock;
      4. Within the buildable area of the site formed by the required setbacks;
      5. Not larger than 15 percent of the gross floor area of the principal building; and
      6. Not located in areas that are required or used for parking, loading, or vehicular circulation.

Figure 14.103.3, Attached Outdoor Display Area

9. Outdoor Storage for Nonresidential Uses and Districts.

1. 1. Generally. Outdoor storage is permitted in the GC and IN zoning districts subject to the standards of this Section. At the time any building, use, or structure is instituted, erected, enlarged, or converted from one land use to another land use which utilizes outdoor space for the storage or display of motor vehicles, equipment, or materials, on-site outdoor storage facilities shall be provided in accordance with these regulations. Such areas shall be provided in order that such vehicles, equipment, or materials may be displayed or stored without encroaching on or interfering with the public use of streets, alleys, and sidewalks.
   2. Surfacing and Drainage.
      1. All outdoor storage facilities, except for those in the IN, Industrial, zoning district, including access aisles, driveways and maneuvering areas, shall be composed of an all-weather surface and shall meet the drainage requirements of this UDC and of the Public Works Director.
      2. In the IN zoning district, access aisles and maneuvering areas of enclosed outdoor storage areas may be composed of gravel. 

1. 3. Placement. An outdoor storage facility shall be located to the rear or side of the primary structure and away from the public right-of-way and adjacent residentially zoned or used property.

1. 4. Public Views. Outside storage shall be maintained to prevent public view of interior storage.

   5. Maneuvering of Inventory. The site shall be of adequate size, shape, and design to ensure:

      1. All maneuvering of inventory will be contained on site;

      2. No inventory will backed onto the site from the public right-of-way;

      3.   All on-site maneuvering shall occur without encroaching onto adjacent properties or rights-of- way; and
      4.   Inventory will be maneuvered without conflicting with vehicular use areas.
   6. Buffering and Screening. Outdoor storage areas shall be screened from the public right-of-way and from adjacent properties with a Type B bufferyard as established in Section 14.204, Trees, Landscaping, and Buffering, together with a fence or wall that is a minimum of six feet and a maximum of eight feet in height.
   7. Exemptions. The following types of outdoor storage are exempt from the screening requirements of this Section: 

1. 1. 1. Retail planting stock and landscape stone or similar landscape materials, associated with a nursery or greenhouse;
      2. Commercial vehicles related to a permitted business on-site; and
      3. Finished recreational vehicles, automobiles, portable buildings, boats, trailers, manufactured homes and other similar vehicles or equipment sold by a permitted use on-site.

10. Multifamily and Nonresidential Dumpsters and Loading Docks. The following dumpster requirements shall apply to multifamily, nonresidential and mixed use zoned or used properties:

1. 1. Placement.​

1. 1. 1. Commercial refuse storage containers shall be located in the side or rear yard out of view from public right-of-way. Where site constraints and access make rear yard locations infeasible, containers may be placed in unobtrusive locations in side yards with screening as required in Subsection 2. below.
      2. Openings into enclosures shall be positioned so that view of the containers from residentially zoned or used properties and from the street right-of-way is eliminated.
      3. Containers shall be located in such a manner that they can be serviced by a refuse hauling vehicle without such vehicle encroaching on or interfering with the public use of streets or sidewalks, and without such vehicle backing out of the property onto the public right-of-way.
      4. Containers shall be placed on a paved surface of either concrete or asphalt.
      5. Loading docks shall not be permitted to be visible from the street or from residentially zoned property unless otherwise determined by the Director.

1. 2. Screening. Containers visible from the street right-of-way view shall be screened with a structural screen of wood or masonry enclosure that is architecturally compatible, in material and color, with the primary structure on the property. The enclosure shall extend at least one foot above the container top.

11. Outdoor Activities Requiring a CUP. A Conditional Use Permit shall be required if an otherwise permitted use contains any of the following activities and the space for such activities is within 50 feet of the adjoining property line of a single- or two-family use:

1. 1. Fuel sales;
   2. Outdoor on-premise consumption of alcohol; and
   3. Outdoor kennel or dog run.

Effective on: 5/20/2019

1. 1. Structures intended only for and capable only of use as amateur radio facilities;
   2. Ground based telecommunications towers that do not exceed a height of 40 feet from the base of the tower that are not lattice style towers or towers secured by guy wires;
   3. Telecommunications facilities and tower structures that are attached to, placed upon, or constructed on top of a building, provided the height of the tower structure does not exceed 20 feet above the height of the building upon which the tower is constructed and the tower structure is not a lattice style tower or tower secured by guy wires;
   4. Towers or other facilities placed on land or right-of-way owned by the federal government, the State of Texas or the City of Dayton; and
   5. Telecommunications equipment that is mounted on a pre-existing operational telecommunications facility, light mast, or operational engineered structure other than a telecommunications facility, such as a sign.
       

Effective on: 5/20/2019

1. 1. Removal or Demolition. An existing stand-alone mobile home located outside a manufactured home park, as of November 6, 2000, may remain on-site until it is removed from the City or until the condition of the mobile home violates this UDC or other parts of the City Code. When the condition of the mobile home violates the City Code, the Building Official shall require the owner to move the mobile home out of the City or demolish it.
   2. Replacement of Mobile Home.

1. 1. 1. A mobile home located within the City limits and outside a manufactured home park on November 6, 2000, may be replaced one time and one time only with a manufactured home. The replacement manufactured home must be installed within 90 days of the removal of the mobile home, upon the same site location as the replaced mobile home, and comply with all provisions of the City Code effective on the date of installation.
      2. In the case of fire or natural disaster resulting in irreparable damage to a mobile home, a replacement manufactured home may be installed within 180 days following the fire or natural disaster, upon the same site location as the damaged mobile home, and shall comply with all provisions of the City Code effective on the date of installation.
      3. Upon the removal or destruction of the replacement manufactured home described in paragraphs a. or b., above, the subject property shall no longer be considered eligible as a location for a manufactured home.

3. Temporary Use. The Director may approve the temporary placement of a manufactured home in accordance with the procedures in Sec. 14.603.11, Temporary Use Permit, and according to the standards for recreational vehicles in Sec. 14.103.6.C, Temporary Use. Proof of the permit approval shall be conspicuously posted on a readily accessible window (facing out) of the permitted manufactured home. The City shall charge each person whose application is approved all the prevailing, applicable fees that are required to be paid to the City for residential inspections, electrical, water, and wastewater connections.
4. Placement in Manufactured Home Park.
   1. Required Placement. A manufactured home shall only be moved into a manufactured home park. A stand-alone manufactured home is not permitted on a lot or parcel. 
   2. Nonconforming Park. No manufactured home may be moved into or be relocated to or within a manufactured home park that does not comply with the applicable standards of this UDC. 
5. Maximum Density. A maximum of 10 manufactured home stands shall be situated per gross acre.
6. Building Separation.

1. 1. Manufactured homes shall be separated from each other and from buildings and structures by a minimum of 15 feet on the sides and shall have an end-to-end clearance of 10 feet.
   2. An accessory structure is considered part of the manufactured home for purposes of separation requirements if it: 
      1. Has a horizontal area exceeding 25 square feet,
      2. Is attached to or located within 10 feet of the manufactured home; and
      3. Has an opaque top or roof that is higher than the nearest window of the manufactured home.

7. Recreation Areas.

1. 1. Threshold. All parks accommodating or designed to accommodate 25 or more manufactured homesshall have a minimum of one recreation area that shall be easily accessible to all park residents.
   2. Area Size. The size of such recreation areas shall be a minimum of 100 square feet per manufactured home stand. No outdoor recreation area shall contain less than 2,500 square feet.
   3. Central Location. Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

8. Separation Requirements.  A manufactured home park shall be located 750 feet or more from an existing single- or two-family residence, place of worship, or public or private elementary, middle or high school.
9.   Park Street Construction and Design Standards.
   1. General. The street pattern of a manufactured home park should provide adequate circulation within the park and shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety and convenience. The street layout shall be devised for the most advantageous development of the entire neighborhood and shall conform to connecting streets in land adjacent to the new park. The street system layout shall be so designed insofar as practicable to preserve natural features such as trees, brooks, hilltops, scenic views and other such features. The street system layout shall provide for the acceptable disposal of storm water and provision shall be made by the developer to handle storm water to comply with Sec. 14.302.12, Storm Drainage.
   2. Street Network and Cross Section. All streets shall be designed and constructed to the local street standards in Table 14.302.4-1, New Street Standards. . Alleys and cul-de-sacs, where provided, shall be designed and constructed as required in Sec. 14.302.3, Street Network and Design.
   3. Intersections.
      1. All streets and alleys shall be designed and constructed to the standards in Sec. 14.302.3.C, Intersections.
      2. Streets shall be extended to tie into the existing external street network.
10. Manufactured Home Stands.

1. 1. The manufactured home stand shall be improved to provide adequate drainage for the entire area under the manufactured home, securing the superstructure for the placement and tie-down of the manufactured home.
   2. The manufactured home stand shall not lean, shift or settle unevenly under the weight of the manufactured home due to inadequate drainage, vibration or other forces acting on the superstructure.
   3. Manufactured homes shall be secured according to the building code, to prevent against uplift, sliding, rotation and overturning.

11. Utilities. All manufactured homes shall be served with wastewater, water, natural gas, and electrical power, which shall be placed underground, and shall be provided in accordance with Article 4.500, Manufactured Home, of the City Code.
12. Solid Waste.

1. 1. The storage, collection and disposal of solid waste in a manufactured home park shall be conducted in a manner that will not create health hazards, rodent harborage, insect breeding areas, accidental fire hazards and/or air pollution. There shall be one yard container for each 10 manufactured homes. All containers shall be placed for ease of pickup by the solid waste disposal service, on a concrete pad with curbs, with a three-sided high fence that is six feet in height.
   2. For individual pickup, each resident shall put all refuse in lidded trash container, which shall at all times be lidded.

Effective on: 5/20/2019

3. Temporary Occupancy. The Director may approve the temporary placement of a recreational vehicle in accordance with the procedures in Sec. 14.603.11, Temporary Use Permit, and according to the following standards. Proof of the permit approval shall be conspicuously posted on a readily accessible window (facing out) of the permitted recreational vehicle. The City shall charge each person whose application is approved all the prevailing, applicable fees that are required to be paid to the City for residential inspections, electrical, water, and wastewater connections.

1. 1. Visitors. A temporary recreational vehicle may be approved to accommodate the needs of City residents wishing to have temporary visitors. The recreational vehicle shall be on site for a maximum of two weeks at a time, from the date the application is approved, per calendar year. 
   2. Laborers. 

1. 1. 1. A temporary recreational vehicle may be approved when the primary purpose of such recreational vehicle is the temporary housing of one or more construction workers who are bona fide, full-time volunteers, employees, contractors, sub-contractors, or workers at a construction site or construction project within the City limits or the city's extraterritorial jurisdiction. The city shall charge each person whose application is approved all the prevailing, applicable fees that are required to be paid to the City for residential inspections, electrical, water and sewer connections.
      2. A recreational vehicle for laborers shall not be moved from the approved location except for its removal from the City. An approved recreational vehicle shall be removed from the City limits upon the first to occur of the following events:
2. 1. 1. 1. Completion of the occupant's work at construction site;
         2. Cessation of the use of the recreational vehicle as a temporary residence for one or more bona fide construction workers; or
         3. Expiration of 30 days from the date of approval of the Temporary Use Permit.
3. 3. Disaster-Related.
4. 1. 1. A temporary recreational vehicle may be approved when the sole purpose of such recreational vehicle is the temporary housing of one or more persons whose home within the City limits has been damaged to the extent that it cannot be inhabited. Any such temporarily placed recreational vehicle shall be placed on the same lot as the damaged home (or on an adjoining lot under the same ownership) subject to the setback requirements of the zoning district and other requirements of the City Code. The recreational vehicle shall be on site for a maximum of 90 days from the date the application is approved, unless such time is extended by the City Council for up to 90 additional days.
5. 1. 2. A disaster-related recreational vehicle shall not be moved from the approved location except for its removal from the City. An approved recreational vehicle shall be removed from the City limits upon the first to occur of the following events:
6. 1. 1. 1. Completion of the repair work at the home that was damaged;
         2. Cessation of the use of the recreational vehicle or manufactured home as the temporary residence for one or more bona fide owners or occupants of the damaged home; or
         3. Expiration of 90 days from the date of approval of the application for the Temporary Use Permit.

Effective on: 5/20/2019

Table 14.104.1-1, Measurements
Measurement	Methodology	Illustration
Building Coverage	The area of a parcel occupied by permanently anchored primary buildings and accessory buildings.
Floor Area Ratio	The gross floor area of all buildings on a lot, divided by the lot area.
Gross Density	The number of dwelling units divided by gross acres. With gross acres being the site area minus the area of open space.
Gross Floor Area	The total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.
Height	Buildings: The vertical distance from the grade level of that portion of a parcel covered by the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the average height between eaves and the ridge of a gable, hip or gambrel roof.
	Walls or Fences: The vertical distance from the grade level of that portion of a parcel immediately abutting a wall or fence to the highest point of the wall or fence.
	Sloping Ground: Where a building, wall, or fence is located on sloping ground, the lower point of measurement is the average grade across a 40-foot horizontal span.
Landscape Surface Ratio	The ratio of landscaped surface compared to lot or parcel area.
Lot Area	The total horizontal area included within property lines.
Lot Width	For an interior parcel, the horizontal distance between the side property lines, measured at the required front setback line. For a cul-de-sac parcel, the horizontal distance between the side property lines measured at the front building line.
Open Space Ratio	The area of required common or public open space in a subdivision, outside of the lots platted for development, divided by the subdivision area.
Setback	The horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward. The front and side setback lines span the entire width of the property.  The interior side and exterior side setback lines extend from the required front setback line to the required rear setback line.
Sight Triangle	The triangular area formed by a diagonal line connecting two points located on intersecting street right-of-way lines, or a right-of-way line and the curb or edge of a driveway. The horizontal dimensions of this triangle are measured 35 feet along the property line from the intersection involving an arterial street; 25 feet for an intersection involving a collector or local street or a street and driveway; and 15 feet along both the street and alley line from the intersection of a street and an alley. The vertical dimensions of this triangle are 3 feet to 6 feet above finished grade.
Sign Area	Cabinet Signs:  Where a sign is enclosed in a frame or cabinet, the area of the entire surface of the sign face within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of the sign. That perimeter does not include any structural or framing elements lying outside the limits of the sign face unless such elements consist of a corporate logo that is part of the face, frame, or cabinet of the sign. Channel Letters: Where a sign consists of individual letters, words or symbols attached to a surface, the area of the smallest rectangle that completely encompasses all such letters, words or symbols and any accompanying background of a color different than the color of the wall or sign face.
Sign Height	Freestanding Signs: The vertical distance from the base of the sign’s supportive structure at its point of attachment to the ground, to the highest point of the sign structure. Attached Signs: The vertical distance from the point where the supporting wall meets the ground to the top of the highest point of the wall sign
Sign Setback	The shortest distance from each property line to the leading edge of the sign.

Effective on: 5/20/2019

2. Lot Area and Width.

1. 1. Lot Averaging. Lot averaging is a design technique that replaces minimum lot dimensions with an average lot width and size. On an optional basis, the lot area and width dimensions in Section 14.102, Base Districts and Standards, may be averages for each zoning district. Lot averaging may only be applied where both of the following conditions apply:
      1. Equal to or Greater. The average lot area and average lot width are equal to or greater than the lot area and lot width specified in Section 14.102.
      2. Greater than 90 Percent. No lot has a lot area or lot width that is less than 90 percent of the lot area or lot width specified in Section 14.102 (see Figure 14.104.2-1, Lot Averaging).

1. 2. Adjoining Lots. The owner of two adjoining residential lots may obtain a building permit to construct a house or structure under the following circumstances: 
      1. The building or structure crosses the interior building setback lines of the recorded lots provided that no subsequent platting or replatting of the property shall be permitted while the building is present on the property; or
      2. The owner combines the lots under a single deed recorded with the Liberty County Clerk in accordance with Sec. 14.603.2, Deed Consolidation. ​

3. Setbacks.

1. 1. Architectural Features. Except where a minimum side setback is less than five feet, cornices, canopies, gutters, eaves or other architectural features may project into required setbacks a maximum of two and one-half feet.
   2. Balconies, Decks and Porches. Unenclosed balconies, decks and porches may project into a front or rear setback a maximum of 10 feet, but shall not be closer than 10 feet from the front property line.
   3. Bay Windows and Chimneys. Bay windows and chimneys may project into required setbacks a maximum of two feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located and provided they are set back a minimum of three feet from all property lines.
   4. Outdoor Seating. Outdoor seating associated with a Restaurant Use Category may project a maximum of five feet into a required front setback, provided the space is at grade and is separated from the right-of-way by landscaping or a vertical barrier.

   5. Building Setback Lines and Easements. Where building lines established by restrictive covenant in a recorded subdivision or where public easements are in excess of the setback requirements of the zoning district, the easement or the platted building line controls.

   6.  Petroleum Pipeline Easements. Where a lot contains a petroleum pipeline easement, a building setback line shall be established 25 feet from the centerline of the easement. If such pipeline easement exceeds 50 feet in width, the building setback line shall be established at the edge of the easement.

4. Building Coverage and Impervious Area. 

1. 1. Building Coverage. The square footage of structures that house permitted agricultural uses, as established in the Agriculture Use Category definition in Section 14.902, Definitions, does not count toward the maximum building coverage limitation. 
   2. Impervious Area Bonus. Properties that utilize a green roof or on-site water collection and micro-storage via barrels, rain gardens, vegetated gardens, or reuse for irrigation purposes may increase the allowable impervious area by up to 10 percent of the lot area.  

5. Height. 

1. 1. Exemptions from Height Requirements. Unless otherwise expressly stated, the height regulations in this UDC do not apply to belfries, chimneys, conveyors, cooling towers, elevator bulkheads, fire towers, flag poles, public monuments, ornamental towers and spires, stage towers or scenery lofts, tanks, and water towers. 
   2. Setback Plane. Where a multifamily, nonresidential, or mixed use building adjoins a property with a single-family dwelling or duplex, where allowed by Conditional Use Permit, the building may be increased beyond the maximum permitted height if the setback nearest the adjoining single-family dwelling or duplex is increased one foot for each one foot of height above the maximum permitted height.  

Effective on: 5/20/2019