(a)

All buildings, uses, and parcels of land shall comply with the dimensional standards set forth in the table below. Exceptions to the standards for each zoning district are provided in the supplemental standards sections following the table.

¹ See § 36-108 F.

(b)

General notes. The following notes shall be applicable to all zoning districts.

(1)

Solar collectors shall not be counted in the determination of maximum allowable lot coverage.

(2)

Solar greenhouses and similar heat traps, which being habitable spaces integrated into the structure, shall be included in the calculation of lot coverage at one-third (⅓) of their actual square foot area, provided that not more than twenty (20) percent of their thermal mass, or transferring medium, is obscured from the radiant energy of the sun by other architectural elements.

(3)

Concrete flatwork, pavers or other impervious surfaces may not exceed twenty-five (25) percent of the total site area, forty (40) percent of the front yard or twenty-five (25) percent of the rear yard, unless another standard is specified in the supplemental standards section following the table. Nonconforming lots of record regulated by 36-614, however, may not exceed twenty-five (25) percent of the total site area, fifty (50) percent of the front yard or twenty-five (25) percent of the rear yard coverage by concrete flatwork, pavers or other impervious surface. No concrete flatwork, pavers or other impervious surface may be installed over any utility easement or within two feet of a property line. The remainder of the front yard shall be grass area(s) and shall be planted with sod and/or grass seed. Well-maintained ornamental flowerbeds are permitted as long as they are organized and aesthetically in harmony with the neighborhood. A front yard that consists of seventy-five (75) percent or more of unorganized wildflowers and/or freely growing/overgrown perennial flowers is prohibited.

(Ord. No. H-07-01, § 5.01, 7-24-07; Ord. No. H-09-03, § I, 4-28-09; Ord. No. H-10-07, § IIIA, 11-23-10)

(a)

Lot width.

(1)

Any existing lot created prior to the effective date of this chapter shall be considered a buildable lot in the R1 district provided the lot width is equal to or greater than the predominant (most commonly occurring) lot width of the lots on both sides of the street between the two (2) closest intersecting streets or within eight hundred (800) feet, which ever is less.

(2)

Any lot created after the effective date of this chapter located in a subdivision that was established prior to the effective date of this chapter shall conform to the predominant (most commonly occurring) lot width of the lots on both sides of the street between the two (2) closest intersecting streets or within eight hundred (800) feet, which ever is less.

(3)

Any lot in a residential development (site condominium, subdivision, etc.) created after the effective date of this chapter shall have a minimum lot width of sixty (60) feet.

(b)

Lot area.

(1)

Any existing lot created prior to the effective date of this chapter shall be considered a buildable lot in the R1 district provided the lot area is equal to or greater than the predominant (most commonly occurring) lot area of the lots on the same side of the street between the two (2) closest intersecting streets, or within eight hundred (800) feet, which ever is less.

(2)

Any lot created after the effective date of this chapter located in a subdivision that was established prior to the effective date of this chapter shall conform to the predominant (most commonly occurring) lot area of the lots on both sides of the street between the two (2) closest intersecting streets or within eight hundred (800) feet, which ever is less.

(3)

Any lot in a residential development (site condominium, subdivision, etc.) created after the effective date of this chapter shall have a minimum lot area of six thousand (6,000) square feet.

(c)

Maximum gross livable area. For all lots in the R1 district, the maximum gross livable area of all structures shall be fifty-five (55) percent of the total lot area. Maximum gross livable area is defined as the total floor area of all inhabited portions of all structures on a lot, including upper floors.

(d)

Front yards. In cases where twenty-five (25) percent or more of the frontage on the same side of the street between two (2) intersecting streets has been built upon, the minimum front yard shall be established by using the average depth of the front yards provided on the lots built upon.

(e)

Side yards.

(1)

The total combined side yard required shall be thirty (30) percent of the lot width. The least required side yard shall be ten (10) percent of the lot width.

(2)

On lots larger than sixty (60) feet wide, the least required side yard shall be six (6) feet and the combined total shall be not less than eighteen (18) feet.

(3)

On each side of a school, church, or other permitted use other than a single-family residence, a minimum side yard of twenty-five (25) feet shall be provided on both sides of the nonresidential structure.

(4)

The minimum side yard setback of ten (10) percent of the lot width shall not be located adjacent to the minimum side yard setback of an adjacent lot. The building official may allow modifications from this requirement based on existing site conditions.

(f)

Rear yards. In cases where the lot depth is one hundred twenty (120) feet or less, the minimum rear yard setback shall be thirty (30) feet.

(g)

Corner lots.

(1)

Lot width. All corner lots in residential projects developed after the effective date of this chapter shall have a minimum width of sixty-five (65) feet in all new residential development.

(2)

Side yard setbacks. On corner lots in residential projects developed after the effective date of this chapter, there shall be maintained along the side yard abutting a street a minimum setback equivalent to the average setback for all structures and accessory structures on the same side of the street between two (2) intersecting streets in all new residential development.

(h)

Maximum building height. The building height of the principal structure located on a lot that is less than sixty (60) feet wide in the R1 district shall not exceed thirty (30) feet. The building height of the principal structure located on a lot that is sixty (60) feet wide or greater in the R1 district shall not exceed thirty-five (35) feet.

(i)

Minimum floor area per dwelling unit. The minimum floor area shall not include basements, porches, attached garages, or utility rooms.

(j)

Senior citizen housing. (See also section 36-148, Senior citizen housing.)

(1)

For senior citizen housing units, there shall be provided three thousand (3,000) square feet of lot area per unit.

(2)

Minimum side yard setbacks for senior citizen housing units shall be twenty (20) feet on each side.

(3)

Minimum usable floor area per dwelling unit for senior citizen housing developments in any zoning district shall be at least:

a.

Five hundred (500) square feet for a one-bedroom unit, and

b.

Seven hundred fifty (750) square feet for a two-bedroom unit.

(k)

Multiple-family dwellings in single-family residential districts.

(1)

Intent. It is a goal of the city to provide for the development of a broad range of housing types. To accomplish this, limited types of multiple-family housing (e.g., townhouses) may be permitted on the periphery of traditional single-family neighborhoods, subject to planning commission approval as provided for in article XIV, division 3, Special approval.

(2)

Dimensional standards. Setbacks, building separation, and minimum floor area shall be as required for a similar use in the RM district.

(3)

Density. The overall density shall be no greater than that permitted for detached residential uses in the same district.

(4)

Parking. Adequate off-street parking for multiple-family dwellings shall be provided per article IX, Parking, Loading, and Access Management. If the required parking is to be provided in enclosed garages, garage doors shall not be located on any facade that fronts on a public street.

(Ord. No. H-07-01, § 5.03, 7-24-07; Ord. No. H-08-02, § 1A, 3-25-08; Ord. No. H-10-07, § IIIB, 11-23-10)

(a)

Front yards. In cases where twenty-five (25) percent or more of the frontage in any one (1) block between two (2) adjacent streets has been built upon, the minimum front yard shall be established by using the average depth of the front yards provided on the lots built upon.

(b)

Side yards. For any building in the RM district that has a length, parallel to the side lot line, greater than forty (40) feet, the minimum side setback shall be increased by one (1) foot for every ten (10) feet or portion thereof of additional building length.

(c)

Rear yards. For any lot of record in the RM district that has a depth of less than one hundred (100) feet, the minimum rear setback may be reduced by the difference between the lot depth and one hundred (100) feet.

(d)

Detached dwellings. For any single-family or two-family dwelling in the RM district, all dimensional standards shall be as required for a similar use in the R1 zoning district.

(e)

Residential density. The minimum lot area per dwelling unit for any attached residential use in the RM district shall be as follows:

(1)

Efficiency units—Two thousand (2,000) square feet.

(2)

One-bedroom units—Two thousand (2,000) square feet.

(3)

Two-bedroom units—Three thousand (3,000) square feet.

(4)

Three-bedroom units—Four thousand (4,000) square feet.

(5)

Units with more than three (3) bedrooms—Four thousand (4,000) square feet plus five hundred (500) square feet for each additional bedroom.

(f)

Minimum building separation. The minimum horizontal distance between any two (2) residential buildings in the RM district shall be as follows:

(1)

Front to front: Thirty (30) feet for single-story buildings, sixty (60) feet for taller buildings.

(2)

Front to rear: Thirty (30) feet for single-story buildings, sixty (60) feet for taller buildings.

(3)

Rear to rear: Thirty (30) feet for single-story buildings, sixty (60) feet for taller buildings.

(4)

Side to side: Twenty (20) feet.

(5)

Front or rear to side: Thirty (30) feet.

(g)

Corner lots. On corner lots in the RM district, there shall be maintained along each street frontage a setback equivalent to the required front yard setback for all structures and accessory structures.

(h)

Minimum floor area per dwelling unit.

(1)

The minimum floor area shall not include basements, porches, balconies, stairwells, attached garages, or utility rooms.

(2)

The minimum floor area per dwelling unit for detached single-family or two-family residential uses in the RM district shall be the minimum floor area required for similar uses in the R1-60 district.

(3)

The minimum floor area per dwelling unit for any attached residential use in the RM district shall be as follows:

a.

Efficiency units—Three hundred fifty (350) square feet.

b.

One-bedroom units—Six hundred (600) square feet.

c.

Two-bedroom units—Eight hundred (800) square feet.

d.

Three-bedroom units—One thousand (1,000) square feet.

e.

Units with more than three (3) bedrooms—One thousand (1,000) square feet plus one hundred (100) square feet for each additional bedroom.

(i)

Senior citizen housing. (See also section 36-148, Senior citizen housing)

(1)

For senior citizen housing units in the RM district, there shall be provided one thousand five hundred (1,500) square feet of lot area per unit.

(2)

Maximum lot coverage for senior citizen housing developments in the RM district shall be forty (40) percent.

(3)

Minimum usable floor area per dwelling unit for senior citizen housing developments in any zoning district shall be at least:

a.

Five hundred (500) square feet for a one-bedroom unit, and

b.

Seven hundred fifty (750) square feet for a two-bedroom unit.

(Ord. No. H-07-01, § 5.04, 7-24-07)

(a)

Setbacks. No mobile home, permanent building or facility, or other structure shall be located closer than ten (10) feet from any property boundary line of a mobile home park, nor closer than fifty (50) feet from any public right-of-way if such serves as a boundary line.

(b)

Building height. The height of any storage or service building shall not exceed fifteen (15) feet.

(c)

Minimum building separation. No mobile home shall be closer than:

(1)

Twenty (20) feet from any other mobile home;

(2)

Fifteen (15) feet from any other mobile home, if located parallel to an internal road;

(3)

Ten (10) feet from any attached or detached accessory structure;

(4)

Fifty (50) feet from any permanent building;

(5)

One hundred (100) feet from any baseball, softball, or similar recreational field;

(6)

Twenty-five (25) feet from the fence of a swimming pool;

(7)

Seven (7) feet from the edge of the back of the curb or the edge of an internal road paving surface;

(8)

Seven (7) feet from a parking space on an adjacent home site or parking bay off a home site;

(9)

Seven (7) feet from any sidewalk or bike path; and

(10)

Twenty-five (25) feet from any lake, waterway, watercourse, wetland, or floodplain.

(Ord. No. H-07-01, § 5.05, 7-24-07)

(a)

Front yards.

(1)

Residential uses. For any building in the CX district which does not contain a commercial use, the minimum front setback shall be ten (10) feet.

(2)

Maximum setback. The maximum setback for any building shall be the greater of ten (10) feet or the average depth of front setbacks of developed lots on the block.

(3)

Parking restricted. No automobile or truck parking shall be permitted in the front yard of any lot in the CX district.

(b)

Side yards.

(1)

Residential uses. For any building in the CX district which does not contain a commercial use, the minimum side setback shall be ten (10) feet.

(2)

Adjacent to residential zoning. When the side lot line of any lot in the CX district is directly adjacent to a lot zoned for residential use, the minimum side setback on such side shall be equal to the minimum side setback of the adjacent residential district.

(c)

Rear yards. When the rear lot line of any lot in the CX district is directly adjacent to a dedicated alley, the minimum rear setback shall be zero.

(d)

Building height. Any building in the CX district containing two (2) or more uses may be granted an additional height bonus up to a maximum total height of forty-five (45) feet.

(e)

Lot coverage. The maximum coverage of all impervious surfaces, including parking areas, driveways, sidewalks, patios, and buildings, shall be seventy-five (75) percent of the total lot area for any lot in a flood hazard zone, as described in section 36-317, Flood hazard area overlay zone.

(f)

Minimum floor area per dwelling unit.

(1)

The minimum floor area shall not include basements, porches, balconies, stairwells, attached garages, or utility rooms.

(2)

The minimum floor area per dwelling unit for detached residential uses in the CX district shall be the minimum floor area required for similar uses in the R1-60 district.

(3)

The minimum floor area per dwelling unit for any attached residential use in the CX district shall be as follows:

a.

Efficiency units—three hundred fifty (350) square feet.

b.

One (1) bedroom units—six hundred (600) square feet.

c.

Two (2) bedroom units—eight hundred (800) square feet.

d.

Three (3) bedroom units—one thousand (1,000) square feet.

e.

Units with more than three (3) bedrooms—one thousand (1,000) square feet plus one hundred (100) square feet for each additional bedroom.

(g)

Building size and placement.

(1)

All buildings and uses with the CX district shall comply with the dimensional standards of section 36-106. In the event of adjacent pre-existing setbacks or established building line, or the appropriate use of other design elements to define the streetwall, an adjustment may be allowed or required by the planning commission.

(2)

All buildings shall have their principal pedestrian entrance facing the street.

(3)

First-floor awnings may encroach upon a public sidewalk, but must avoid street trees; at least eight (8) feet of clearance above the sidewalk shall be provided; and awnings shall be set back a minimum of two (2) feet from the road curb.

(4)

Upper-floor awnings shall be permitted only on vertically proportioned windows, provided that the awning is only the width of the window and projects outward from the building no more than three (3) feet.

(5)

First floor space must be designed with a minimum clearance between the finished floor and the finished ceiling of twelve (12) feet, to allow the space to be converted to/from residential and nonresidential uses.

(h)

Access standards.

(1)

All principal buildings shall front on to a public right-of-way, dedicated public open space, or permanently preserved open space.

(2)

The planning commission may require shared access or connections between adjacent developments as a means to limit conflict points along public roads.

(3)

Street connections to adjacent parcels and the existing road network shall be provided where there is the possibility to create future street connections as determined by the planning commission. Road stubs for future connections shall be improved to the parcel or lot line.

(4)

The proposed use shall be designed to minimize the impact of traffic generated by the use to the extent that is reasonably feasible, giving consideration to economic and site conditions. Consideration shall be given to the following as reviewed by the city staff, and/or the city's consultants:

a.

Relationship between the proposed development and existing and proposed streets;

b.

Estimated traffic generated by the proposed use;

c.

Location and access to off-street parking; and,

d.

Provisions for vehicular traffic.

(i)

Parking and loading standards.

(1)

Loading docks and service areas shall be permitted only within rear open space. Doors for access to interior loading docks and service areas shall not face a public or private street, but may face a public or private alley.

(2)

Parking and loading shall be provided in accordance with article IX, provided that any modification to the requirements of said section are considered and permitted in accordance with section 36-370, Modification of standards.

(3)

All parking facilities shall be screened in accordance with the provisions in subsection 36-392(f), Parking lot landscaping.

(j)

Architectural design review. Architectural design is a key element in establishing a sense of place for a community. Buildings of high quality contribute to the attractiveness and economic well-being of a community, making it a better place to live and work. The community recognizes the importance of good architecture and its lasting impact.

(1)

Objective. The objective of these design standards is to direct builders toward creating buildings of timeless character that are in harmony with the natural and built environment. This is a function of good architectural principles such as selecting durable materials, composing elevations using appropriate proportions, selecting harmonious colors, and combining all the architectural elements in a balanced composition.

(2)

Requirements.

a.

Building materials shall possess durability and aesthetic appeal.

b.

A minimum of fifty (50) percent of that portion of the first floor facade of a building with a commercial use(s) on the first floor and that faces a public street, private street, public open space or permanently preserved open space shall contain clear glazing.

c.

The building design shall include architectural features on the building facade that provide texture, rhythm, and ornament to a wall.

d.

Colors shall be natural and neutral colors that are harmonious with both the natural and man-made environment. Stronger colors can be used as accents to provide visual interest to the facade.

e.

The building design shall provide an interesting form to a building through manipulation of the building massing. This can be achieved through certain roof types, rooflines, and massing elements such as towers, cupolas, and stepping of the building form.

f.

These architectural elements shall be arranged in a harmonious and balanced manner.

(Ord. No. H-07-01, § 5.06, 7-24-07; Ord. No. H-07-03, § 1A, 1-8-08; Ord. No. H-10-07, § IIIC, 11-23-10)

(a)

Front yards. In cases where twenty-five (25) percent or more of the frontage in any one (1) block between two (2) adjacent streets has been built upon, the minimum front yard shall be established by using the average depth of the front yards provided on the lots built upon or twenty (20) feet whichever is less.

(b)

Side yards. When the side lot line of any lot in the C1 district is directly adjacent to a lot zoned for residential use, the minimum side setback on such side shall be equal to the minimum side setback of the adjacent residential district.

(c)

Rear yards. When the rear lot line of any lot in the C1 district is directly adjacent to a dedicated alley, the minimum rear setback shall be zero.

(d)

Lot coverage. The maximum coverage of all impervious surfaces, including parking areas, driveways, sidewalks, patios, and buildings, shall be seventy-five (75) percent of the total lot area for any lot in a flood hazard zone, as described in section 36-317, Flood hazard area overlay zone.

(Ord. No. H-07-01, § 5.07, 7-24-07; Ord. No. H-07-03, § 1B, 1-8-08; Ord. No. H-10-07, § IIIC, 11-23-10)

(a)

Front yards. In cases where twenty-five (25) percent or more of the frontage in any one (1) block between two (2) adjacent streets has been built upon, the minimum front yard shall be established by using the average depth of the front yards provided on the lots built upon or twenty (20) feet whichever is less.

(b)

Side yards. When the side lot line of any lot in the C2 district is directly adjacent to a lot zoned for residential use, the minimum side setback on such side shall be equal to the minimum side setback of the adjacent residential district.

(c)

Rear yards. When the rear lot line of any lot in the C2 district is directly adjacent to a dedicated alley, the minimum rear setback shall be zero.

(d)

Lot coverage. The maximum coverage of all impervious surfaces, including parking areas, driveways, sidewalks, patios, and buildings, shall be seventy-five (75) percent of the total lot area for any lot in a flood hazard zone, as described in section 36-317, Flood hazard area overlay zone.

(Ord. No. H-07-01, § 5.08, 7-24-07; Ord. No. H-10-07, § IIIC, 11-23-10)

(a)

Front yards. In cases where twenty-five (25) percent or more of the frontage in any one (1) block between two (2) adjacent streets has been built upon, the minimum front yard shall be established by using the average depth of the front yards provided on the lots built upon or twenty (20) feet whichever is less.

(b)

Side yards. When the side lot line of any lot in the C3 district is directly adjacent to a lot zoned for residential use, the minimum side setback on such side shall be equal to the minimum side setback of the adjacent residential district.

(c)

Rear yards. When the rear lot line of any lot in the C3 district is directly adjacent to a dedicated alley, the minimum rear setback shall be zero.

(d)

Lot coverage. The maximum coverage of all impervious surfaces, including parking areas, driveways, sidewalks, patios, and buildings, shall be seventy-five (75) percent of the total lot area for any lot in a flood hazard zone, as described in section 36-317, Flood hazard area overlay zone.

(Ord. No. H-07-01, § 5.09, 7-24-07; Ord. No. H-10-07, § IIIC, 11-23-10)

(a)

Side yards. When the interior side lot line of any lot in the O district is directly adjacent to a lot zoned C1, C2, C3 or CX, the minimum interior side setback shall be zero.

(b)

Lot coverage. The maximum coverage of all buildings and structures shall be forty (40) percent of the total lot area. The maximum coverage of all impervious surfaces, including parking areas, driveways, sidewalks, patios, and buildings, shall be seventy-five (75) percent of the total lot area for any lot in a flood hazard zone, as described in section 36-317, Flood hazard area overlay zone.

(Ord. No. H-07-01, § 5.10, 7-24-07; Ord. No. H-10-07, § IIIC, 11-23-10)

(a)

Building height. Any building in the MX district containing two (2) or more uses may be granted an additional height bonus up to a maximum total height of forty-five (45) feet.

(b)

Lot coverage. The maximum coverage of all buildings and structures shall be forty (40) percent of the total lot area. The maximum coverage of all impervious surfaces, including parking areas, driveways, sidewalks, patios, and buildings, shall be seventy-five (75) percent of the total lot area for any lot in a flood hazard zone, as described in section 36-317, Flood hazard area overlay zone.

(c)

Building size and placement. All buildings and uses with the MX district shall comply with the dimensional standards of section 36-106. Adjustments may be allowed or required by the planning commission.

(d)

Access standards.

(1)

All principal buildings shall front on to a public right-of-way, dedicated public open space, or permanently preserved open space.

(2)

The planning commission may require shared access or connections between adjacent developments as a means to limit conflict points along public roads.

(3)

Street connections to adjacent parcels and the existing road network shall be provided where there is the possibility to create future street connections as determined by the planning commission. Road stubs for future connections shall be improved to the parcel or lot line.

(4)

The proposed use shall be designed to minimize the impact of traffic generated by the use to the extent that is reasonably feasible, giving consideration to economic and site conditions. Consideration shall be given to the following as reviewed by the city staff, and/or the city's consultants:

a.

Relationship between the proposed development and existing and proposed streets;

b.

Estimated traffic generated by the proposed use;

c.

Location and access to off-street parking; and,

d.

Provisions for vehicular traffic.

(e)

Parking and loading standards.

(1)

Loading docks and service areas shall be permitted only within rear open space. Doors for access to interior loading docks and service areas shall not face a public or private street, but may face a public or private alley.

(2)

Parking and loading shall be provided in accordance with article IX, provided that any modification to the requirements of said section are considered and permitted in accordance with section 36-370, Modification of standards.

(3)

All parking facilities shall be screened in accordance with the provisions in subsection 36-392(f), Parking lot landscaping.

(f)

Architectural design review. Architectural design is a key element in establishing a sense of place for a community. Buildings of high quality contribute to the attractiveness and economic well-being of a community, making it a better place to live and work. The community recognizes the importance of good architecture and its lasting impact.

(1)

Objective. The objective of these design standards is to direct builders toward creating buildings of timeless character that are in harmony with the natural and built environment. This is a function of good architectural principles such as selecting durable materials, composing elevations using appropriate proportions, selecting harmonious colors, and combining all the architectural elements in a balanced composition.

(2)

Requirements.

a.

Building materials shall possess durability and aesthetic appeal.

b.

A minimum of fifty (50) percent of that portion of the first floor facade of a building with a commercial use(s) on the first floor and that faces a public street, private street, public open space or permanently preserved open space shall contain clear glazing.

c.

The building design shall include architectural features on the building facade that provide texture, rhythm, and ornament to a wall.

d.

Colors shall be natural and neutral colors that are harmonious with both the natural and man-made environment. Stronger colors can be used as accents to provide visual interest to the facade.

e.

The building design shall provide an interesting form to a building through manipulation of the building massing. This can be achieved through certain roof types, rooflines, and massing elements such as towers, cupolas, and stepping of the building form.

f.

These architectural elements shall be arranged in a harmonious and balanced manner.

(Ord. No. H-07-01, § 5.11, 7-24-07; Ord. No. H-10-07, § IIIC, 11-23-10)

(a)

Building height. Height variances may be permitted subject to the provisions of this article, provided that for each ten-foot increase or portion thereof in building height, there shall be an increase of five (5) feet in the required minimum side setback.

(b)

Lot coverage. The maximum coverage of all buildings and structures shall be forty (40) percent of the total lot area. The maximum coverage of all impervious surfaces, including parking areas, driveways, sidewalks, patios, and buildings, shall be seventy-five (75) percent of the total lot area for any lot in a flood hazard zone, as described in section 36-317, Flood hazard area overlay zone.

(Ord. No. H-07-01, § 5.12, 7-24-07; Ord. No. H-10-07, § IIIC, 11-23-10)

(a)

Setback adjacent to residential zoning. When the side or rear lot line of any lot in the M2 district is directly adjacent to a lot zoned for residential use, the minimum setback on such side or rear shall be fifty (50) feet.

(b)

Setback adjacent to railroad spur. When the side or rear lot line of any lot in the M2 district is directly adjacent to a railroad spur, the required side or rear setback may be waived.

(c)

Building height. Height variances may be permitted subject to the provisions of this article, provided that for each ten-foot increase or portion thereof in building height, there shall be an increase of five (5) feet in the required minimum side setback.

(d)

Lot coverage. The maximum coverage of all buildings and structures shall be forty (40) percent of the total lot area. The maximum coverage of all impervious surfaces, including parking areas, driveways, sidewalks, patios, and buildings, shall be seventy-five (75) percent of the total lot area for any lot in a flood hazard zone, as described in section 36-317, Flood hazard area overlay zone.

(Ord. No. H-10-07, § IIIC, 11-23-10)

(a)

Scope. The requirements of this chapter shall apply to all lands that are designated within the TDBH Gateway district as shown on the City of Dearborn Heights Zoning Map. The provisions and restrictions of this chapter shall apply in addition to the provisions of the underlying zoning districts shown on the official zoning map, and sufficient to fulfill the purposes of this chapter. Uses and regulations otherwise applicable in existing zoning shall not be allowed unless also permitted and developed in accordance with the following.

(b)

Applicability. During project approval, the administrative review committee or the planning commission, as applicable, may determine that a practical difficulty exists preventing the applicant from complying with all of the requirements outlined in this article. The site plan approval will govern which requirements shall apply.

(1)

New construction.

a.

All new construction where new structures are proposed shall comply with all of the requirements outlined within the TDBH Gateway overlay district chapter.

b.

All new additions that measure greater than two thousand five hundred (2,500) square feet shall comply with all of the requirements outlined within the TDBH Gateway overlay district chapter, where feasible.

(2)

Remodeling, renovation, and reoccupancy.

a.

All remodeling/renovation/change of use/tenant/occupancy projects shall comply with all of the requirements outlined within the TDBH Gateway overlay district chapter that do not require relocation of the building.

b.

All reoccupancy projects shall comply with all of the TDBH Gateway requirements, where feasible as determined during administrative review.

(3)

Maintenance and regular repair. All maintenance and regular repair of existing sites and buildings are exempt from the requirement of the TDBH Gateway overlay district.

(c)

Review procedures. To support the expeditious review of proposed projects within the Gateway Overlay District, all projects that are as-a-right and do not require special land use approval may be reviewed and approved by the city's administrative review committee. All other projects shall require planning commission review.

(1)

Administrative review. The administrative review committee as described in section 36-493.b. shall complete the review and provide a written letter or email stating approval or denial of the application.

(2)

Planning commission review.

a.

Special land uses. All applications that require special land use approval shall be reviewed by the planning commission.

b.

Denial by administrative review committee. If denied by the administrative review committee, applicant may appeal for a review by the planning commission at a public hearing. The review committee shall submit a written report to the planning commission ten (10) days prior to the date of the public hearing. Planning commission may approve, modify, or disapprove of the plan. If denied by the planning commission, the applicant may appeal the planning commission decision to the zoning board of appeals.

(3)

Relief from TDBH Gateway district requirements. In instances where the requirements described within this section cannot be met due to site constraints and/or unique issues generated by the proposed use, the administrative review committee and/or planning commission may modify the requirements found in this section and approve alternative designs that meet the design intent of this section. Prior to approval, the applicant shall provide to the review body a written description as to how the proposed deviations shall meet the intent of the provisions that are being requested to receive relief from, and the review body shall accept, modify, or reject the proposed deviations.

(d)

Site design requirements.

(1)

Siting.

a.

Location. To promote good proportional spatial definition within the TDBH Gateway overlay district, all new front building walls shall be located within the eight (8) foot front setback area, unless allowed to be setback due to a design provision within this article. Existing buildings, structures, and foundations that are not at the end of their useful life or scheduled for demolition may be provided with an exemption from this setback requirement at the discretion of the reviewing entity.

b.

Corner lots. For buildings on corner lots with two (2) front yards, the buildings shall meet the setback requirements along both frontages.

c.

Service areas. All service areas including loading docks, mechanical equipment, and refuse storage areas shall be located in the rear yards and not visible from the right-of-way when possible.

d.

Setbacks. All commercial front yards shall have a maximum of an eight (8) foot setback and all side lot setbacks adjoining other commercial uses shall be eliminated unless the adjoining use is residential in nature where the existing requirements shall apply.

(2)

Building entrances.

a.

Orientation. To encourage pedestrian movement and accessibility within the district, all buildings shall front onto the Van Born Road right-of-way and all main building entrances shall be orientated towards Van Born Road sidewalk and not orientated toward the site's parking areas. Entrances located at corners of buildings shall satisfy this requirement.

b.

Entrance prominence. To heighten the prominence of building entrances, architectural embellishments are encouraged to be employed around the main building entrances including but not limited to columns, engaged columns, decorative lighting fixtures, awnings, pediments, use of accent materials, etc. Entrances may be recessed to provide a transition from the public realm at the sidewalk to the private interior.

c.

Entrance spacing. Entrances on large single-use retail structures shall be spaced no less than every two hundred and fifty (250) feet while multi-tenant buildings shall be spaced at a maximum of a public entrance every one hundred (100) feet.

d.

Pedestrian-orientated signage. Projecting pedestrian-orientated decorative signage, with a sign area measuring less than six (6) square feet, shall be permitted at primary building entrances and will not count towards wall signage area maximum or number of signs. In the case of multiple tenant buildings, one (1) additional projecting pedestrian-orientated decorative sign shall be permitted at each tenant's main pedestrian entrance that opens directly onto any public sidewalk or interior circulation sidewalk.

e.

Secondary entrances. To ease pedestrian movements, non-primary entrances shall be allowed from rear parking lots. If the location of secondary entrance signage is not visible from any adjacent right-of-way, additional wall signs measuring up to one (1) quarter of the total allowable frontage wall signage may be installed adjacent to the secondary entrances to assist with pedestrian orientation.

(3)

Pedestrian enhancements.

a.

Pedestrian connectivity: To improve pedestrian safety and limit pedestrians crossing vehicular traffic in parking lots, direct protected access shall be provided from the public sidewalk along all property boundaries to main building entrances or other reasonable configurations.

b.

Interior circulation. All interior sidewalks shall connect with the main entrance connections, where possible.

c.

Inter-site connectivity: Inter-connectivity of interior pedestrian walkways is desired between adjacent parcels/uses and should be coordinated to the greatest extent possible. Interconnectivity will be evaluated during the review of the site's circulation plan. Use of colored pavement and/or differing textures are techniques that may be deployed to denote interior pedestrian walkways.

d.

Amenities. The provision of pedestrian amenities including benches, tables, gazebos, public art, decorative pedestrian lighting, gardens, and other enhancements are encouraged.

e.

Granting of easements for development of Ecorse Creek Greenway Pathway and for provision of nonmotorized connections to pathway. Obtaining public access along the Ecorse Creek and development of the Ecorse Creek Greenway Pathway is a desired public goal. All parcels that extend from the Van Born Road right-of-way through to the Ecorse Creek are eligible for parking space requirement reductions. All parcels that provide public easements along Ecorse Creek for pathway development are eligible to receive parking space minimum requirement reductions of up to ten percent. For properties that provide nonmotorized pathway connections to the pathway from the Van Born Road public sidewalk are eligible for an additional five percent (5%) reduction.

(4)

Outdoor dining.

a.

Location. To encourage the construction of outdoor dining spaces that enliven the district, buildings may be additionally setback for the creation of areas designated for active outdoor dining only. Setbacks of up to sixteen (16) feet from front property line for one hundred (100) percent of the building's frontage, or up to twenty-six (26) feet for a zero-lot line building that creates a recessed dining area for up to fifty (50) percent of the building frontage, may be permitted.

b.

Buffering: To provide visual buffering from parking lots and roadways, outdoor dining areas shall be decoratively screened from transportation areas with opaque vegetation measuring four (4) feet tall in planters, beds, or a combination of decorative ornamental fencing with a hedgerow, decorative masonry walls of less than four (4) feet in height, or other means.

c.

Shading: For dining areas that face south and/or west, provision of shade is necessary for diner comfort and shall be provided for in the outdoor dining areas through the use of canopy shade trees, trellises, tensile shade structures, table umbrellas, awnings, or other means acceptable to the review body. At least thirty-five (35) percent of the total outdoor dining area shall be shaded by the approved structures or landscaping.

d.

Separation. In addition to the transportation buffering requirement, architectural or landscape features including decorative fences, railings, low masonry walls (less than four (4) feet in height), planters, or decorative planter beds shall be used to separate dining areas from all walkways, plazas, or building entrances.

(5)

Protection of the natural environment. Existing natural and environmentally sensitive areas, such as streams, drains, ponds, wetlands, and woodlands shall be maintained and enhanced through incorporation of pedestrian linkages and park-like settings on the entire site, to the greatest extent possible. If any alteration is planned in the existing natural and environmentally sensitive areas, those changes shall be indicated on the plan.

(e)

Architectural design requirements.

(1)

Building materials.

a.

Façades and street-facing elevations. To enhance the aesthetic appearance of the district, traditional and natural materials shall comprise a minimum of seventy-five (75) percent of all facades and street-facing elevations. Decorative accent materials (wood, vinyl, fiber cement siding, stucco, and other similar quality materials) shall make up no more than twenty (20) percent of the façade and street-facing elevations. Trim materials (window decorations, cornices, and the like) shall comprise no more than five (5) percent of the façade or elevation. Trim materials may be made of metal, EFIS, or other durable materials.

b.

Side and rear elevations. Traditional and natural materials shall be required for fifty (50) percent of all side and rear elevations. Decorative accent materials shall be permitted on up to forty-five (45) percent of the elevation surfaces. Trim materials shall comprise no more than five (5) percent of elevation surfaces.

c.

Basements or foundations. The use of decorative concrete block, including split-face or scored block; decorative precast concrete or stamped concrete formed in-place, or real or manufactured stone shall be required.

d.

Color and finishing.

1.

Neutral earth-tone colors shall be required for all primary façade and decorative accent materials.

2.

Painting of traditional and natural materials on all elevations shall be prohibited.

3.

All decorative accent and trim materials shall be painted or finished using colors that are harmonious with other colors used on the building.

(2)

Horizontal wall planes. To assist in breaking up long undifferentiated horizontal wall surfaces, the use of decorative vertical elements shall be required to meet the following requirements for all facades or street-facing elevations.

a.

Wall planes measuring between one hundred (100) and two hundred (200) feet in length. Vertical design treatments shall be provided that divide the horizontal wall surface into vertical design bays of fifty (50) feet or less. These elements may be articulated by changes in primary wall materials, accent materials, piers, pilasters, other architectural elements, and roofing elements that create varying vertical bays that provide differentiation across the entire building elevation.

b.

Wall planes measuring over two hundred (200) feet in length. To provide further differentiation on longer horizontal wall surfaces, setbacks or bump-outs including decorative piers, pilasters, or other decorative treatments, extending at least eighteen (18) inches from the predominate horizontal plane, shall be employed to provide additional horizontal differentiation. These treatments shall be used at a minimum, once every one hundred (100) lineal feet of wall.

(3)

Architectural detailing. Long monotonous facades, including but not limited to, those characterized by unrelieved repetition of shape or form, or by unbroken extensions of a line are discouraged. To enhance the visual interest of the pedestrian realm, building design of all primary structures is encouraged to include:

a.

Fenestration. The arrangement of windows and doors are an important architectural element that provides visual interest for pedestrians while reducing the scale and massing of buildings. Storefront windows on the ground floor shall not be required to include any decorative architectural detailing besides meeting the transparency requirement found in 36-119.e.4; however, use of traditional storefront window design is encouraged. This design technique includes the use of decorative bulkhead, display window, transom, and beam elements. Use of quoins, divided lites, shutters, and other features are encouraged for upper-level windows. Upper story windows should utilize traditional proportions and balance of height over width with window frames inserted into the wall surface in a traditional manner, not mounted flush with the wall.

b.

String and belt courses. To break up the verticality of taller buildings, the use of horizontal decorative string and belt courses are encouraged.

c.

Three-part building design. For buildings over two (2) stories in height, the use of three-part building design is encouraged. This approach features a decorative base element, body component, and cap element that reinforces the sense of human scale and massing while enhancing the overall pedestrian realm.

d.

Awnings and canopies. To break up the massing of the structure and to assist in user orientation, awnings and canopy structures should be utilized to add visual character and differentiation to wall surfaces.

e.

Entrance Prominence. To call attention to building entrances, the use of wall setbacks, expression of structural elements, specialized seating areas, increased architectural detailing, and other design elements, is encouraged.

f.

Roof design. To provide additional visual character to buildings, use of decorative roof elements including hipped, gable ends, and pitched decorative roofs are encouraged.

1.

Decorative towers and cupolas may be used as additional roof design elements. These elements may exceed the district's overall height maximum, if they are less than ten (10) percent of the square feet of the main structure or four hundred twenty-five (425) square feet, whichever is less.

2.

Gables shall have a minimum depth of twelve (12) feet and parapet walls that abut a corner shall extend around to the side elevation to a minimum depth of twelve (12) feet.

3.

All decorative roof elements should be proportional to the building design, mass, and form, and roof appurtenances, such as dormers, roof monitors, light wells, and mechanical vents should receive decorative detailing including the use of gables, hipped, or shed designs so that these structures should appear as functional elements, not just aesthetic conceits.

(4)

Windows and doors.

a.

Transparency. On commercial buildings, no less than seventy (70) percent of the ground-floor façade between two (2) and eight (8) feet in height shall be clear glass storefront glazing and doorways designed for retail and consumer uses. For office, service, institutional, and other nonretail uses, a minimum of fifty (50) percent of the ground floor façade shall be clear glass storefront glazing or doorway uses.

b.

Depth of window opening. Required window areas shall be either windows that allow views into retail space, working areas or lobbies, pedestrian entrances, or display windows set into the wall. Windows shall not be blocked with opaque materials, walls, or the back of shelving units.

c.

Window requirements above first floor. Window openings above the first story shall comprise a minimum of thirty (30) percent and a maximum of sixty (60) percent of the total façade area.

d.

Security gates. Exterior solid metal security gates or solid roll-down metal doors shall be prohibited. Link or grill type security devices shall be permitted only if installed on the interior of the window openings.

e.

Clear glazing. First floor windows shall be glazed with clear glass without any tinting while windows located above the first floor may be tinted.

(5)

Encroachments.

a.

Architectural elements including awnings, canopies, and perpendicular pedestrian-scaled signs, may encroach up to five (5) feet into the public rights-of-way as long as eight (8) feet of clear room is maintained over all walkways and a Wayne County Right-of-Way permit is obtained, if necessary.

1.

Awnings shall be permitted if positioned immediately above the ground floor windows area of the storefronts. Awnings shall be affixed directly to the building face, and poles or columns are not permitted.

2.

All awnings shall be constructed of durable materials such as canvas or similar material, as opposed to metal, plastic, or rigid fiberglass. High-gloss or plasticized awnings are prohibited.

3.

Internally illuminated awnings or awnings lit from the underside are prohibited. Lighting shall be from fixtures located above the awning with the illumination directed downward.

b.

Balconies on upper floors may encroach up to eight (8) feet into the public right-of-way as long as they are setback five (5) feet from the outside curb line of the active roadway and a Wayne County Right-of-Way permit is obtained, if necessary.

(6)

Height. Single story shall measure at least twenty (20) feet tall and two-story buildings shall measure at least twenty-four (24) feet (24') tall at the top of the roof or cornice line.

(7)

Drive throughs and drive-up uses.

a.

These uses shall be prohibited along all street frontages.

b.

Drive-through windows and ordering kiosks shall be set-back at least thirty (30) feet from the front lot line.

(8)

Roof-mounted equipment. All roof-mounted HVAC equipment and other mechanical equipment shall be opaquely screened from the ground and all adjacent properties by architectural detailing including parapet walls and decorative roof elements that are part of the building's overall design.

(f)

Site landscaping.

(1)

Foundation plantings. To soften the appearance of the building and to reduce stormwater run-off, foundation planting beds shall be planted along all non-façade elevations, where feasible. These plantings should emphasize softening the large expanses of building walls length and height while providing accents to building entrances and architectural features.

a.

Foundation planting beds shall measure at a minimum of five (5) feet in depth.

b.

Landscaping shall meet the requirements found within section 36-393.b.1.a.

(2)

Canopy shade trees. To lessen the impact of unshaded hard surfaces on climate and stormwater and to increase the City's tree canopy, canopy shade trees shall be required:

a.

Private drives: Canopy shade trees shall be planted on each side of private drives with one (1) tree per forty (40) lineal feet of drive frontage, where feasible.

b.

Parking lot perimeters: Canopy shade trees shall be planted on the perimeter of all parking lots on forty-foot (40) centers, where more than fifteen (15) feet exists between buildings and the edge of the parking lot and/or when seven (7) feet exists between the surface of the parking lot and other adjacent paved surfaces including sidewalks and adjoining parking areas.

c.

Industrial uses. Parking lot perimeter landscaping requirements shall apply to the loading and vehicle storage areas.

(3)

Open space plantings. For each three thousand (3,000) square feet of open space that is not utilized for buildings, stormwater control, or parking lots, shall be planted with one (1) canopy tree, five (5) decorative trees or shrubs, and twenty (20) ornamental grasses or perennials. These plantings may be bunched together for enhanced visual affect.

(4)

Buffering.

a.

Residential uses. All adjacent residential uses shall be buffered from adjoining commercial or industrial uses by a five (5) foot wide buffer strip with a six (6) foot tall masonry wall and row of six (6) foot tall evergreen trees planted on ten (10) foot centers or an eight (8) foot wide buffer strip with six (6) foot tall opaque fence and row of six (6) foot tall evergreen trees planted on six (6) foot centers. The wall shall be placed on the interior side of the buffer strip.

b.

Adjacent unshared parking lots. Where parking lots are not shared between properties, a filtering buffer strip of eight (8) feet wide shall be planted with evergreen trees planted on ten (10) foot centers. This requirement shall be waived if shared parking agreements exist between adjacent properties/uses.

(5)

Screening.

a.

Use of living landscape versus hardscape screening materials. Living landscape may be substituted for all required hardscape features (walls, fences), as long as opacity of the living landscape provides year-round screening.

b.

Size and height. All screening materials (both hard and living) shall be tall enough to adequately conceal the object to be screened.

(g)

Lighting.

(1)

Light intrusion and glare. All direct or directly reflected light shall be confined to the development site with measured light not exceeding one (1) foot-candle at all commercial property lines and 0.1 foot-candles at all residentially zoned or used property lines.

(2)

Intensity. Parking lots and building entrances shall not exceed an average maintained five (5) footcandles in intensity in any location while under canopy lighting at automobile filling stations shall not exceed an average maintained fifteen (15) footcandles in any location.

(3)

Dark-sky friendly. All lighting shall meet the International Dark-Sky Association's Fixture Seal of Approval or similar standard that minimizes glare, sky glow, and short-wavelength blue-rich white light.

(4)

Continuous brightness. There shall be no lighting of a blinking, flashing, or fluttering nature, including changes in light intensity, brightness, or color.

(5)

Pedestrian and landscape lighting. The use of decorative pedestrian and landscape lighting is encouraged along all pedestrian walkways.

(6)

Decorative lighting. The use of decorative and architectural accent lighting is encouraged that enhances the aesthetic appearance of the building.

(h)

Parking.

(1)

Location. This accessory use shall be located behind all structures, where possible. If this location is not feasible, parking uses may be permitted in the required front and/or side yard as long as the use is setback five (5) feet from the front property line and screened per section 36.392.f.1.

(2)

Bicycle parking. All commercial, industrial, and multi-family uses shall provide a minimum of five (5) bicycle parking spaces near the main building entrance. For sites that require more than twenty-five (25) car parking spaces, one (1) additional bicycle parking space shall be provided for each additional twenty (20) required parking spaces.

(3)

Interior walkways. For parking lots with more than one hundred (100) parking stalls, interior parking walkways shall be provided within the parking lots that provide protected direct access to the main building entrance and improve sight lines for both the pedestrians and motorists.

(4)

Driveway design. Parking drives shall be no wider than twenty-four (24) feet for two (2) lanes of traffic and fifteen (15) feet for single-lane driveways. For more highly trafficked locations, the review body may allow additional lanes and other modifications during the site plan review process.

(5)

Turn radii: The maximum turning radii of all driveway corners and intersections shall be twenty-five (25) feet, but radii ranging between fifteen (15) feet and twenty (20) feet are recommended.

(6)

The review body may reduce the required number of off-street parking spaces by up to fifteen (15) percent during the course of site plan review for provision of suggested design features. Additional consideration of five (5) percent reduction may be given for:

a.

Type of land use/development

b.

Hours of operation

c.

Pedestrian traffic and accessibility

d.

Provision of shared parking

e.

Availability of other public parking

f.

Elimination of existing curb cuts.

(7)

Schedule of parking. The following parking schedule shall apply for the land uses described in the following table within the TDBH Gateway overlay district.

(i)

Signage. The signage regulations of the TDBH Gateway overlay district shall be in addition to those found in Chapter 26. In order to provide visual unity between the cities of Dearborn Heights and Taylor and to limit blight and visual clutter caused by poor sign design and location placement, the following regulations shall apply to commercial and industrial uses located within the TDBH Gateway overlay district.

(1)

Ground-mounted signs.

a.

Location. Monument/ground-mounted signs shall be permitted to be placed within two (2) feet of the front property line.

b.

Size. The maximum size of a single-tenant sign shall be thirty-two (32) square feet per face with a maximum area of fifty (50) square feet for multi-tenant signs.

c.

Height. Single-tenant signs shall not exceed eight (8) feet in height and multi-tenant signs shall not exceed ten (10) feet in height, as measured from the sidewalk or grade.

(2)

Wall-signs.

a.

Size. The maximum size of a single tenant wall sign shall be fifty (50) square feet. Multi-tenant buildings may have one (1) wall sign per tenant having individual means of public access.

b.

Height. The top of a wall sign shall not be taller than twelve (12) feet in height, as measured from the sidewalk or grade.

(3)

Projecting pedestrian-orientated signage.

a.

Location. Projecting pedestrian-orientated signage may be located at all primary and secondary pedestrian entrances. Signs and mounting brackets shall not extend more than five (5) feet from the surface of the building wall plane.

b.

Size. Each sign shall not exceed six (6) square feet in overall sign face size.

c.

Height. Projecting pedestrian-orientated signage shall provide at least eighty-four (84) inches of clearance between the sidewalk surface and the underside of the projecting sign.

d.

Number. Projecting pedestrian-orientated signs shall not count towards either ground-mounted or wall sign area calculations.

(4)

Prohibited signs.

a.

Murals.

b.

Neon signs.

c.

Electronic reader boards/changeable message signs. These electronic signs shall not be permitted.

d.

Window signs. Both interior and exterior applied or painted window signs shall not be permitted.

(Ord. No. H-23-03, 10-24-23)