1. Generally. The purpose of this Part is to establish the standards for the character, scale, and density/intensity of development that is allowed within each zoning district set out in Article 2, Zoning Districts and Land Uses.
2. Standards Applicable to New Development. This Part establishes regulations for the type, scale, and character of parcels that are proposed for development. It is organized for new and existing residential neighborhoods and for nonresidential and mixed use developments. The requirements and allowances within each zoning district are determined as follows:
   1. Step One: Set out in Table 2-4.1.1, Residential Development Standards, and Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards, the required development standards are established for each zoning district. For the residential districts, there are also standards for each neighborhood type. These standards include:
      1. Residential:
         1. minimum (or average) lot size;
         2. minimum open space;
         3. maximum gross; and
         4. minimum area of development.
      2. Nonresidential and Mixed Use:
         1. minimum landscape surface ratio;
         2. maximum floor area ratio;
         3. minimum area of development;
         4. minimum frontage; and
         5. maximum building height.
   2. Step Two: Set out in Table 2-4.1.1, Residential Development Standards, is the required lot dimensions, minimum setbacks, and maximum building height and building coverage that is allowed within each zoning district and for each neighborhood type.
3. Supplemental Standards. Set out in Part 3, Buildings and Structures, is supplemental standards for residential (see Division 3-7.1, Supplemental Residential Standards) and nonresidential (see Division 3-7.2, Supplemental Nonresidential Standards) uses, which may apply to particular uses or buildings in any zoning district.
4. Standards for Existing Neighborhoods. All buildings that lawfully existed or were the subject of an active building permit on the effective date of this Unified Development Ordinance are "conforming" buildings with respect to the height and setback requirements set out in this Part if they are located in a Neighborhood Conservation District, including Subdistricts NC-15, NC-10, NC-6.1, NC-6.2, NC-6.3, and NC-4.
   1. Limitation. This Section does not make the following buildings conforming:
      1. Buildings that were constructed without the required permits; and
      2. Buildings that were constructed in violation of the permit requirements in effect at the time of construction.
   2. Applicability. The lot width and lot area requirements set out in Table 1-2.2.1B, Neighborhood Conservation Subdistricts, apply only to the subdivision or combination of existing lots or parcels within the Neighborhood Conservation District after the effective date of this Unified Development Ordinance.

Effective on: 1/1/1901

1. Generally. The minimum lot size, minimum open space ratio, and maximum gross density in each zoning district and for each neighborhood type is as set out in Table 2-4.1.1, Residential Development Standards. Refer to Table 1-2.2.1B, Neighborhood Conservation Subdistricts, for the lot area and width standards for existing neighborhoods.
2. Applicability. These development standards apply to new subdivisions or re-subdivisions of property that create at least two buildable lots or at least two dwelling units on a single parcel proposed for development.
3. The standards of Table 2-4.1.1, Residential Development Standards are to be interpreted as follows:
   1. District and Neighborhood Type. For each zoning district (shaded in light green) there are different neighborhood types that are allowed in the district. Each neighborhood type is permitted by-right within the district subject to the applicable standards.
   2. Minimum (or Average) Lot Size. For each neighborhood type there is a minimum lot size requirement. The minimum lot size and open space ratio establish the maximum allowable density for each neighborhood type. Cluster and planned neighborhoods allow an option to use an average rather than a minimum lot size, as set out in Section 2-4.1.1, Lot Averaging.
   3. Minimum Open Space Ratio (OSR).For each neighborhood type there is a minimum open space ratio. The minimum open space ratio (as a % of lot size) and lot size establish the maximum allowable density for each neighborhood type.
   4. Maximum Gross Density. Based on the minimum lot size and open space ratio, there is a maximum allowable density for each neighborhood type. The gross density number multiplied by the total site or property acreage established the total number of dwelling units allowed. (Units per Acre)
   5. Minimum Area of Development. The acres set out in this column are the minimum required acres to develop the cluster and planned neighborhood types. There is no required minimum acreage for conventional neighborhoods.

Effective on: 8/29/2018

1. Open Space Securely Held. Open space that is required by Table 2-4.1.1, Residential Development Standards, shall not be developed or redeveloped once established.
2. Responsible Parties. Required open space shall be placed in an easement, and may be owned in the following ways:
   1. As common land by homeowners', condominium, or property owners' associations, with an easement dedicated to all property owners within the association;
   2. By a public agency (by dedication), provided such agency shall have the final decision to accept and the right to refuse such offers of dedication;
   3. By a City-approved private, non-profit organization that is capable of managing the open space with a conservation easement dedicated to the non-profit organization and to the owners of rest of the property in the development; or
   4. By a duly recorded covenant of easement whereby the City is a party to the easement.
3. Location on Private Lots. Required open space may be located on private lots if all of the following are demonstrated:
   1. The proposed development has fewer than 20 dwelling units and is not a single-family cluster neighborhood.
   2. Bufferyards and other open space areas are identified on the plat as landscape easements that must be maintained by either a homeowners' association or the owner of the lot that is subject to the easement.
   3. The maintenance requirement is included in the covenants, conditions, and restrictions ("CCRs") that apply to the property. The CCRs shall provide that the maintenance requirement is enforceable by the City and may not be amended without the consent of the City Council. A copy of the CCR's shall be submitted to the Department for review and approval prior to final approval.
   4. Adoption of an approved stormwater drainage plan.

Effective on: 1/1/1901

1. A.
   Generally. The buildable area and the number of dwelling units that is allowed within each neighborhood type is determined by applying the open space ratio and gross density spelled out in Table 2-4.1.1, Residential Development Standards. This is accomplished by multiplying the acreage of the parcel proposed for development by the minimum open space ratio and the maximum gross density. Once the buildable area and dwelling unit count are determined, Table 2-4.1.3, Lot and Building Standards by Housing Type, sets out the lot area and width, building setbacks, and building height and coverage standards for each neighborhood type and housing type. The conventional neighborhood permits only single-family detached dwelling units. Mixed housing types are allowed in cluster and planned neighborhoods where noted as “Mixed Residential” in Table 2-4.1.1, Residential Development Standards. This is to allow for the preservation of open space and protection of natural resources without a material loss of development yield.
2. B.
   Mixed Housing Types. In the conventional neighborhoods, the lot area and width, building setbacks, and building height and cover standards are established for each zoning district and neighborhood type. The lot areas are equal to those set out in Table 2-4.1.1, Residential Development Standards. Where noted as “Mixed Residential”, the cluster and planned neighborhoods allow a mixture of detached, attached, and multi-family housing types, subject to the gross density allowed for the respective zoning district and neighborhood type. Set out in Table 2-4.1.3, Lot and Building Standards by Housing Type, is the lot area and width, building setbacks, and building height and cover standards for each zoning district and housing type.

3. C.
   Illustrative Housing Standards. Set out in Figure 2-4.1.3, Housing Standards, are illustrations of the lot area and width and building setback standards for each housing type that is set out in Table 2-4.1.3, Lot and Building Standards by Housing Type.

   1. 1.
      Single-Family Detached Home. These residences for one family that is commonly located on a privately-owned lot, with private yards on each side of the unit. Single-family detached units may also be located on condominium-owned property, surrounded by common open space for use by residents, which serve the same purpose as a private yard. Clustered single-family lots are smaller in size and oriented around common open space.
   2. 2.
      Patio / Lot Line House. This is a single-family detached unit that is commonly situated on a smaller lot that orients outdoor activity within rear or side yard patio areas for better use of the site. Only the rear yard is fenced on a patio home, preserving a narrow side yard that is visible from the street. Vehicular access to patio homes may be by way of a street or an alley. The following standards apply:

      1. a.
         The interior side setback shall provide for a usable, combined side and rear yard;
      2. b.
         If the home is configured as a lot line or attached unit, no window shall be permitted on the lot line or attached side of the house unless:

         1. 1.
            It is framed at a minimum of six feet six inches above the room floor so as not to provide a line of sight into the neighboring yard; or
         2. 2.
            It is inoperable and composed of glass block or frosted glass.
   3. 3.
      Duplex Unit. Duplexes are single-family attached units that include two units that are attached along a common wall (side-by-side) or separated by a floor (over-under) that is not penetrated for the purpose of interior access between the two units. The side-by-side duplex has a common wall (the units may be divided into separate lots along the common lot line for individual fee-simple ownership). The units in an over-under duplex are located on different floors (the units may be accessed via separate outside entrances or through a common foyer area). Vehicular access to duplex units may be by way of a street or an alley.
   4. 4.
      Townhouses. Townhouses are three or more single-family attached dwelling units that are commonly arranged in a row with common side walls. Vehicular access to townhomes may be by way of a street or an alley or rear yard parking court. Within CG and AC zoning designations, vehicular access may also be by way of parking lots located in the front yard if buffered from adjacent street(s) by a Type B Bufferyard (Table 4-10.3.1).Townhouses may be arranged in rows of four to no more than eight attached units. Fewer than four townhomes may be permitted in a townhome row if:

      1. a.
         The average number of units per townhouse row in the development is four or more; and
      2. b.
         The smaller rows are necessary for an efficient layout of the parcel proposed for development.
   5. 5.
      Multiplex. A multiplex is a three- to four-unit building that is constructed to appear as a large single-family detached unit. Individual units in a multiplex are not necessarily separated by a wall that extends from the foundation to the roof. Entrances and garage units are commonly on separate elevations that are accessed by streets, alleys, and/or parking courts so individual elevations do not have more than one entrance of one set of garage doors.
   6. 6.
      Multi-Family. The multifamily housing type is commonly in the form of apartments or condominium units that are two to three stories in height. Multi-Family may also be located in the upper floors of vertically mixed-use buildings, which are subject to the standards for nonresidential and mixed use buildings, and not the standards of this Section. Vehicular access to multifamily buildings is via a public street where parking is provided in surface lots (which may include access to private garages) or a parking structure.
   7. 7.
      Manufactured Home. Manufactured homes are allowed only in a manufactured home park or manufactured home subdivision.

Figure 2-4.1.3 Housing Standards
Single-Family Detached Dwelling Unit
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5. Street side yard; and 6 Rear yard.
Patio / Lot Line Dwelling Unit
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5.Separation; 6. Street side yard; and 7 Rear yard.
Side-by-Side Duplex Dwelling Unit
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5. Street side yard; and 6 Rear yard.
Over-Under Duplex Dwelling Unit
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5. Street side yard; and 6 Rear yard.
Townhouse Dwelling Units
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Rear yard; 4, Interior side yard; 5. Street side yard; and 6 Front yard.
Weak-Link Townhouse Dwelling Units
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Rear yard; 4, Interior side yard; 5. Street side yard; and 6 Front yard.
Multiplex Dwelling Units
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5. Street side yard; and 6 Rear yard.
Single Use Multi-Family Dwelling Units
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5. Street side yard; and 6 Rear yard.
Vertically Mixed Use Multi-Family Dwelling Units
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Rear yard; 4, Interior side yard; 5. Street side yard; and 6 Front yard.
Manufactured Home Dwelling Unit

[Ord. # 2020-08, Townhouse parking in CG & AC districts, 02/10/2020] 

Effective on: 2/10/2020

Lot averaging is a design technique that replaces minimum lot dimensions with an average lot width. On an optional basis, the lot area and width dimensions in Table 2-4.1.3, Lot and Building Standards by Housing Type may be used as averages for each neighborhood and housing type. 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 for each housing type in the neighborhood are equal to or greater than the lot area and lot width specified for the housing and neighborhood types in Table 2-4.1.3, Lot and Building Standards by Housing Type.
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 for the housing type in Table 2-4.1.3, Lot and Building Standards by Housing Type. (See Figure 2-4.1.4, Lot Averaging)

Figure 2-4.1.4 Lot Averaging

Effective on: 1/1/1901

1. Generally. Projects that are proposed to be phased shall demonstrate compliance with this Part according to the methodology of this Section.
2. Density and Open Space. 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 gross density requirements set out in Table 2-4.1.1, Residential Development Standards.

Effective on: 1/1/1901

1. Generally. The standards of Section 2-4.1.3, Lot and Building Standards, pertaining to lot area and width and building setbacks relate to the development of residential buildings on individual lots that are intended to be owned in fee-simple by the owners of the building(s). However, the standards are not intended to preclude other ownership types, such as single-ownership of all units (rentals); condominiums (in which the land is owned in common by the owners of the condominium units); or common maintenance communities (in which fee simple ownership is limited to the land under the building, and, in some cases, a small area around it). The alternative standards of this Section are intended to allow such alternative ownership arrangements, provided that the development could be approved pursuant to this Unified Development Ordinance using conventional fee-simple ownership arrangements.
2. Demonstration of Compliance. The proposed pattern of development will be allowed if it is demonstrated that it would comply with the density, open space, and applicable setback requirements of this Unified Development Ordinance if it were platted with lots that meet the minimum requirements of Article 4, Residential Development, for each of the proposed housing types.

Effective on: 1/1/1901

The purpose of this Article is to:

1. Establish general development standards for residential lots in the NC (Neighborhood Conservation) district (including Subdistricts NC-15, NC-10, NC-6.1, NC-6.2, NC-6.3, and NC-4), which applies to the development of existing vacant lots, redevelopment of existing buildings, or expansion of existing buildings; and
2. Establish alternative development standards for residential lots in the NC subdistricts, which applies to the expansion or reconfiguration of existing buildings when it would not comply with the general development standards set out in Section 2-5.2.1, General Development Standards.

Effective on: 1/1/1901

1. Generally. This Article applies to development within Subdistricts NC-15, NC-10, NC-6.1, NC-6.2, NC-6.3, and NC-4.
2. General and Alternative Standards.
   1. New development, redevelopment, and building modifications or expansions that comply with the general development standards of Section 2-5.2.1, General Development Standards, for the applicable subdistrict are allowed in that subdistrict.
   2. If a proposed building modification or expansion beyond the existing foundation is proposed in a subdistrict, and it does not comply with the general development standards of Section 2-5.2.1, General Development Standards, then the application shall be evaluated according to the alternative standards in Section 2-5.2.2, Alternative Setback Standards.
   3. New development and redevelopment may be allowed to use the alternative setbacks according to the conditions on the street and within the block with respect to the setbacks of other buildings.

Effective on: 1/1/1901

1. A.
   Generally. The standards of this Section are applied as a matter of right in the NC district subdistricts. If an application does not comply with these standards, then the parts of the application that do not comply are evaluated according to the alternative development standards that are set out in Section 2-5.2.2, Alternative Setback Standards.
2. B.
   Lot and Building Standards. The minimum setbacks, and building height and floor area standards for each subdistrict are set out in Table 2-5.2.1, General Lot and Building Standards. Where different setback standards are specifically shown on the most current approved, recorded final plat, then standards that are specifically shown on the plat shall supersede the corresponding setback standards in this Section. The lot standards for the NC districts are listed in Table 1-2.2.1B, in Division 1-2.2.

Effective on: 1/15/2018

1. Generally. This Section applies to modifications of existing buildings as well as new home development within the NC subdistricts where the proposed modification involves an encroachment into a setback that is required by Section 2-5.2.1, General Development Standards. Any specific front, street side, interior side, or rear setback that complies with Section 2-5.2.1, General Development Standards is not subject to the standards of this Section. This Section does not provide alternatives to the required building height, impervious surface ratio, or floor area limitations.
2. Relationship to Variances. Compliance with the standards of this Section is equivalent to compliance with the standards of Section 2-5.2.1, General Development Standards. Therefore, approvals granted according to the standards of this Section do not require a variance. Variances shall not be granted to allow encroachments if the encroachments are permitted pursuant to the standards of this Section.
3. Relationship to Easements and Rights-of-Way. The standards of this Section shall not be construed to authorize the construction of buildings or portions of buildings in utility, drainage, or easements or public rights-of-way for any other purposes.
4. Administrative Approval. The Director shall approve alternative setbacks if the following general standards are met, in addition to the applicable standards of this Section, which apply to the affected setback:
   1. The proposed modification does not interfere with planned expansion of right-of-way, and if right-of-way expansion is planned, the encroachment is evaluated as if the right-of-way has been expanded;
   2. The proposed modification does not encroach into a utility or access easement;
   3. The proposed modification does not materially impede emergency access to the building;
   4. Drainage onto abutting properties, rights-of-way, and surface waters is not significantly altered, and drainage patterns are not substantially changed (when compared to the condition before the proposed modification); or drainage is improved through the use of upgraded and/or new BMPs (Best Management Practice) which, at a minimum, reduce the concentration and velocity of stormwater discharges.
   5. The proposed modification does not result in a nonconformity with respect to the building code (e.g., required fire ratings for exterior walls due to building spacing) on either the lot proposed for development or abutting properties;
   6. If the parcel that abuts the improvement is used for residential purposes, the proposed modification is built to building code standards that would allow construction of the abutting lot to be built to the same building code standard along the same setback line;
   7. The proposed modification would not result in noncompliance with impervious surface ratio set out in Section 2-5.2.1, General Development Standards;
   8. The proposed modification does not reduce the area provided for parking to fewer spaces than are required by Article 9, Parking and Loading;
   9. The proposed modification within the area between the setback set out in Table 2-5.2.1, General Lot and Building Standards and the alternative setback will not result in an unsafe condition on any abutting public or private road or shared driveway (e.g., by creating a visual obstruction); and
   10. Sight lines along the abutting roads will be unchanged or will be adequate to allow for safe traffic flow during vehicular movements into and out of the lot.
5. Alternative Front Setback. The following standards may be applied to front setbacks as an alternative to the front setbacks set out in Section 2-5.2.1, General Development Standards.
   1. Enclosure of Front Porches. Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.
   2. Addition of Front Porch. Front setbacks may be reduced by up to six feet from the standards set out in Table 2-5.2.1, General Lot and Building Standards in order to allow for the construction of a front porch, provided that:
      1. The added front porch would not be located closer than 15feet to the front property line;
      2. The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 sf.; and
      3. The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.
   3. Front Setback Averaging. Front setbacks may be reduced to the average front setback along the same side of the same street segment in the same zoning district, provided that:
      1. The lot proposed for modification is not counted in the calculation; and
      2. If the lot takes vehicular access from the front, the driveway must be at least:
         1. 20 feet long, measured from the property line at the right-of-way to a building wall or garage door; and
         2. The width of the garage door(s) are not more than 18 feet in width. (See Figure 2-5.2.2, Front Setback Averaging)

Figure 2-5.2.2 Front Setback Averaging

6. Alternative Street Side Setbacks. The following standards may be applied to street side setbacks as an alternative to the street side setback standards set out in Table 2-5.2.1, General Lot and Building Standards.
   1. Wide Planting Strip. The street side setback may be reduced by up to two and one-half feet from the standards set out in Table 2-5.2.1, General Lot and Building Standards, if:
      1. There is an existing sidewalk along the side street that is at least four feet wide;
      2. A minimum five foot planting strip is located within the public right-of-way between the edge of the sidewalk and the property line;
      3. The street is classified as a local residential street and there are no plans for expansion of the paved width of the street.
   2. Subdivision Fencing Along Arterial or Collector Street. The street side setback may be reduced to eight feet if:
      1. The street side yard abuts a bufferyard that screens the development from an arterial or collector street;
      2. The bufferyard includes an opaque fence that complies with the standards of Section 3-8.1.2, Fences, Walls, and Hedges, with respect to the continuity of subdivision fencing, and separates the side yard from the street;
      3. There is at least four feet of clearance between the building wall of the dwelling unit and the fence at all points;
      4. The setback reduction applies to not more than 40 percent of the length of the side building wall of the dwelling unit; and
      5. The portion of the building to which the reduced setback applies is not more than one story in height.
7. Alternative Side Setbacks.
   1. Interior Side Setback Reduction. One interior side setback may be reduced by a distance of up to 20 percent of the interior side setback set out in Table 2-5.2.1, General Lot and Building Standards if it is demonstrated that:
      1. If the option is applied to new development or redevelopment, the other side setback (interior or street side) is increased by the same distance;
      2. If the option is applied to expansions or reconfigurations of an existing building:
         1. The other interior side setback is increased by the same distance; or
         2. The floor area to be constructed between the interior side setback set out in Table 2-5.2.1, General Lot and Building Standards and the alternative setback is not more than 10 percent of the floor area of the building or 120 square feet, whichever is greater.
      3. The modification allows for an improvement to the design of a site in terms of stormwater best management practices and protecting natural resources.
   2. Average Interior Side Setbacks. Interior side setbacks may be established at a distance that is equal to the average actual interior side setbacks of all other developed residential lots with 600 feet along the same side of the same street segment (or to the first intersection if it is a shorter distance), measured outward from the side lot lines of the lot upon which the application is proposed.
   3. Abutting Permanent Open Space. Interior side setbacks may be reduced to three feet along lot lines that abut tracts that are designated as permanent open space or an easement, provided that the tracts are at least 50 feet wide along the entire length of the lot line.
8. Alternative Rear Setbacks. The following standards may be applied to rear setbacks as an alternative to the rear setback standards set out in Table 2-5.2.1, General Lot and Building Standards.
   1. Average Rear Setback. The rear setback may be reduced on any lot if it is demonstrated that the proposed rear building setback is equal to not more than 10 percent less than the average actual setback of other developed residential lots within 600 feet along the same side of the same street segment (or to the first intersection if it is a shorter distance), measured outward from the side lot lines of the lot upon which the application is proposed.
   2. Abutting an Alley. The rear setback may be reduced if the rear property line abuts an alley. In such cases, the rear setback may be reduced by the distance between the lot line and the alley centerline, provided that:
      1. The alternative setback is not less than three feet; and
      2. The building does not interfere with safe movement of passenger vehicles and service vehicles (including vehicles which may be necessary to repair utilities) in the alley.
   3. Abutting Permanent Open Space. Rear setbacks that abut lots or parcels that are designated as permanent open space or easements that are at least 50 feet wide along the distance of the lot proposed for development may be reduced to 15 feet.
   4. Subdivision Fencing Along Arterial or Collector Street. The rear setback may be reduced to 15 feet if:
      1. The rear yard abuts the right-of-way for an arterial or collector street;
      2. An opaque fence that complies with the standards of Section 3-8.1.2, Fences, Walls, and Hedges, with respect to the continuity of subdivision fencing, separates the rear yard from the street;
      3. The setback reduction applies to not more than 40 percent of the length of the rear building wall of the dwelling unit; and
      4. The portion of the building to which the reduced setback applies is not more than one story in height.
9. Alternative Impervious Surface Standards.
   1. Generally. This Section applies only to modifications to existing buildings, where the proposed modification involves an increase in the impervious surface compared to the limits set out in Table 2-5.2.1, General Lot and Building Standards.
   2. Impervious Surface Ratio. The City may approve up to five percentage points of additional impervious surface if it is demonstrated that:
      1. The standards of this Section are met; and
      2. The rate and quantity of storm water runoff onto abutting properties or rights-of-way is no greater than it was before the construction of the additional building or impervious area.

Effective on: 1/15/2018

1. A.
   Generally. The standards that are applicable to nonresidential and mixed-use development are provided in Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards. The table includes provisions for the minimum lot width, minimum building setbacks, maximum building height, and minimum landscape surface ratio for each district and general use type. Where Division 1-2.8, Conditional and Permitted Special Exception Use Standards sets out standards for lot or site area or width, setbacks, separation, or other regulatory provisions, the standards of that Division supersede the standards of this Section.
2. B.
   Standards. The lot width, building setbacks and heights, and minimum landscape surface ratio shall be as set out in Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards.

3. C.
   Special Yard Restrictions in the AC district. The following standards apply in the AC (Activity Center) district:

   1. 1.
      Driveway Access.

      1. a.
         No driveway aisles shall be installed between the front or side street wall of the building(s) and the front or side street property lines;
      2. b.
         Driveways to interior parking areas may traverse through the area described above in order to reach interior parking areas.
      3. c.
         No other paving is permitted in the area described in a., or b., above, which is reserved for landscaping.
   2. 2.
      Parking areas. Parking areas shall be located at least 10' farther from the front or side street property line than the actual front or side street wall of the building(s).
4. D.
   CBD Setbacks.

   1. 1.
      Generally. Building setbacks in the CBD (Central Business District) shall be subject to the Design Guidelines for Downtown Florence.
   2. 2.
      Build-to Line. For all development in the CBD district, primary structures shall be built on the front property line (the "build-to line"). Portions of the façade that are recessed for recessed front entrances are permitted to be set back from the build-to line by up to three feet. All buildings shall meet these requirements, except under the following conditions:

      1. a.
         Where there is an existing public sidewalk, adjacent to the development, the building must be set back in order to provide the additional space to extend the sidewalk onto the private lot to construct a sidewalk of the same width as existing and in no case less than eight feet in width. In this case, the building shall be constructed to a build-to line that is coterminous with the edge of the sidewalk that is provided on the private lot.
      2. b.
         Where the use is established in an existing building that exceeds the build-to line as of the effective date of this Unified Development Ordinance. In this case, the existing building may:

         1. 1.
            Remain in its current location, utilizing the front setback as:

            1. a.
               A yard or courtyard;
            2. b.
               Public plaza or outdoor service area (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); or
            3. c.
               Off-street parking provided it was used for parking as of the effective date of this Unified Development Ordinance.
         2. 2.
            Be extended to the build-to line provided it:

            1. a.
               Meets all other requirements and standards of this Unified Development Ordinance;
            2. b.
               Is a conforming use; and
            3. c.
               Complies with a. above (e.g., provision for a public sidewalk).
      3. c.
         Where the average setback of buildings along the block front or, in the instance of a corner lot, along one or both block fronts, exceeds the build-to line. In this case, the building may be:

         1. 1.
            Constructed at the build-to line; or
         2. 2.
            Set back to match the average front setback along the same side of the same street segment in the same zoning district, provided that the lot proposed for development or redevelopment is not counted in the calculation.
      4. d.
         Buildings may be set back up to a distance of 20 feet from the build-to line in order to provide a designated public plaza or outdoor service area according to the following standards:

         1. 1.
            The public plaza or outdoor service area shall be designated upon development approval and maintained as a publically accessible space.
         2. 2.
            Any service uses that take place in the designated setback area must directly relate to the activity of the primary ground floor use (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.)
         3. 3.
            When the area is not being used as an outdoor service area, it shall remain generally accessible to the public and function as an extension of the public sidewalk environment.
5. E.
   CBD, AC, or DS District Encroachments. In the CBD (Central Business District), AC (Activity Center), or DS districts (Destination / Select Use) the City may permit, by recorded license agreement, encroachments into the public right-of-way if the encroachments meet all of the following standards (see Figure 2-6.1.1A, Permitted Encroachments):

   1. 1.
      Encroachments up to 18 inches into the right-of-way are permitted, subject to public agency approval, below an elevation of eight feet above grade if it is demonstrated that:

      1. a.
         The encroachment does not impact the general functionality of the public sidewalk; and
      2. b.
         The encroachment does not make the sidewalk noncompliant with the requirements of the South Carolina Standards of Accessibility or the Americans with Disabilities Act.
   2. 2.
      Encroachments up to four feet are permitted, subject to public agency approval, above an elevation of eight feet above grade if it is demonstrated that:

      1. a.
         The encroachment does not impact the general functionality of the public sidewalk;
      2. b.
         The encroachment is set back at least one foot from the face of the curb; and
      3. c.
         The encroachment does not create unsafe clearances from other elements of the right-of-way (e.g., street lighting, landscaping, vehicular movement, etc.).

Figure 2-6.1.1A Permitted Encroachments

F.  AC, CG, CA, IL, IH,  and AR District Height.   In the AC (Activity Center), CG (General Commercial, CA (Campus), IL (Light Industrial), IH (Heavy Industrial, and AR (Agricultural/Rural) districts the maximum building height as listed in Table 2-6.1.1 may be exceeded provided that side and rear setbacks shall increase by one (1) foot for each two (2) feet in height in excess of the listed maximum building height.

G. CG District Setbacks.

1. Generally. New development and redevelopment may use alternative setbacks according to the conditions on the street and within the block with respect to the setbacks of other buildings. The Director shall approve alternative setbacks if the following standards are met:

1. a.
   Front setbacks may be reduced to the average front setback along the same side of the same street segment in the same zoning district provided that the lot proposed for modification is not included in the calculation;
2. b.
   Side setbacks may be adjusted to a distance that is equal to the average actual side setbacks of all other developed lots within 600 feet along the same side of the same street segment;
3. c.
   The rear setback may be reduced on any lot if it is demonstrated that the proposed rear building setback is equal to not more than 10 percent less than the average actual setback of other developed lots within 600 feet along the same side of the same street segment.

[Ord. # 2021-06, Setbacks in the CG district, 03/08/2021] 

Effective on: 3/8/2021

Set out in Table 2-4.1.1, Residential Development Standards, is the maximum gross densities that are permitted for each district and neighborhood type. In each district, there are three or four development options that are permitted by-right. The conventional single family neighborhood type provides for the largest lot size, smallest required minimum open space, and hence, the lowest maximum gross density of the options available within the district. The cluster single family, cluster mixed residential (available only in the RG and RU districts), planned single family (available only in the RE district), and planned mixed residential neighborhood types each provide relative increases in gross density. To achieve these increased densities, the lot sizes are decreased and the minimum open space ratio is increased. Effectively, these other allowable neighborhood types provide options for preserving increased percentages of open space for the purpose of protecting natural resources (e.g. floodplain, wetlands, riparian areas, woodlands, steep slopes, drainage ways, rivers and streams, etc.). Refer to Table 2-4.1.1, Residential Development Standards as to the relative lot sizes, open space ratios, and gross densities of each district and neighborhood type.

Effective on: 1/1/1901

The City encourages the development of high-performance "green" residential buildings, which use less energy, water and natural resources; create less waste; and are healthier and more comfortable for the occupants. As such, a density bonus is available to applicants who construct homes to Green Building principles for Homes Certification standard.

1. Green Building Bonus. The permitted density of development may be increased by 10 percent if the applicant demonstrates compliance with this Section. Such increase in density may be achieved by:
   1. Utilizing the provisions set out in Section 2-4.1.4, Lot Averaging, with a reduction in the width of narrow lots to 85 percent (vs. 90 percent) of the lot area or lot width specified for the housing type, as set out in Table 2-4.1.3, Lot and Building Standards by Housing Type; and/or
   2. Altering the mix of housing types as set out in Section 2-4.1.3, Lot and Building Standards.
2. Homes Certification Requirements. The residential green building bonus is available to applicants who demonstrate commitment to the principles for Home Certification for all residential buildings in their proposed residential or mixed-use developments, as follows:
   1. During a pre-application meeting, the Director, or an appointee, will meet with the applicant to discuss the proposed building design and anticipated principles for Home Certification credits.
   2. Concurrent with the application for site plan or plat review, the applicant shall submit:
      1. A written letter of intent that indicates their commitment to achieve the principles for Homes Certification on all homes and associated infrastructure that is subject to for Homes Certification rating that will be constructed in the proposed development; and
      2. Homes Certification checklists that show how the applicant intends to obtain the required acceptance for Homes Certification.
   3. The density bonus will be granted by the Plan Commission upon approval of the site plan or plat.
   4. Building permits for the development will be issued only upon demonstrated compliance with the approved LEED for Homes Certification checklist.
   5. Within 180 days of receiving the final Certificate of Occupancy, the applicant must submit documentation that demonstrates achievement for Homes Certification.

Effective on: 1/1/1901

The nonresidential bonus rewards developments that achieve a rating of "Certified" or higher. The standards for receiving the bonus are different for large-scale development than small-scale or individual developments. Developments that meet the following standards shall receive a bonus.

1. Green Building Bonuses. Bonuses are available for projects that demonstrate a commitment to “green” certification. These bonuses increase the development potential of a parcel proposed for development by reducing open space requirements, bufferyard requirements, and parking requirements.
   1. LEED Certified buildings with green roofs shall be entitled to an offset of open space for the area of the green roof, up to 15 percent of the landscape surface area required by Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards.
   2. All nonresidential and mixed-use development (except industrial development) that meets the criteria of this Section shall be allowed to install constrained bufferyards, regardless of the geometry of the parcel proposed for development. (See Section 4-10.3.5, Constrained Bufferyards)
2. Certification Requirements. The applicant is eligible for the bonuses set out in Subsection 1., above, if it is demonstrated that:
   1. During a pre-application meeting, the Director, or an appointee, will meet with the applicant to discuss the proposed project design and anticipated Certification credits.
   2. Concurrent with the application for site plan or plat review, the applicant shall submit:
      1. A written letter of intent that indicates their commitment to achieve a particular Certification on all buildings and associated infrastructure that is subject to the Rating System that will be constructed in the proposed development; and
      2. LEED checklists that show how the applicant intends to obtain the required LEED Certifications.
   3. Building permits for the development will be issued only upon demonstrated compliance with the approved LEED checklist.
   4. Within 180 days of receiving the final Certificate of Occupancy, the applicant must submit documentation that demonstrates achievement of LEED Certification.

Effective on: 1/1/1901