Lot area, minimum. The minimum amount of land area required for a lot shall be measured on a horizontal plan in units of square feet or acres, as specified within the zoning regulations for the district in which the lot is situated. Land encumbered by easements and resource protection and management areas shall be considered according to § 72-51.3.

Lot width, minimum. The distance between side lot lines shall be measured in one of the following manners, whichever is applicable:

Lot line.

Lot types.

Lot frontage and shape. The dimension of a lot measured along the front lot line thereof.

Lot depth. The depth of the lot is calculated by adding the length of all of the side lot lines and dividing the total by two.

Setback. The term "setback" generally refers to the distance by which any portion of a building or structure shall be separated from a lot line. When a lot for a single-family detached or attached building is encumbered by a public or private right-of-way or motor vehicle access easement, the setback is measured from the boundary of the right-of-way or access easement.

Front yard. A front yard is an area of a lot adjacent to its front lot line, measured by the length of the front lot line, extending from one side lot line to the other side lot line, and the width of the required front setback.

Primary front yard: for corner lots and through lots, the front yard that contains the building front.

Secondary front yard: a front yard of a corner or through lot that does not contain the building front. A secondary front yard begins at the point where it intersects with the primary front yard and extends to the side property line.

Rear yard. The rear yard is an area of a lot adjacent to its rear lot line, measured by the length of the rear lot line, extending from one side lot line to the other side lot line, and the width of the required rear setback.

Side yard. The side yard is an area of a lot adjacent to its side lot line, measured by the length of the side lot line, extending from the edge of the front setback line to the edge of the rear setback line, and the width of the required side setback.

Separation. When the standards in this chapter call for a separation between two different use types or development features, separation shall be measured from the closest edge of one lot to the closest edge of the other lot.

Averaging setbacks. When zoning district standards permit or require determination of any front or side setback through averaging, the average yard shall be calculated by using the methods set forth here. The dimensions of existing yards shall be determined through the best information reasonably available, including, in order, surveys of record, on-site measurements, or the 2010 tax maps. The median is the type of average that shall be applied. The average setback calculated by applying the median may be varied by plus or minus 10%. The median front yard (including the primary front yard of a corner lot and the primary and secondary front yards of a through lot) shall be calculated by using existing principal buildings along the same block face. For a corner lot, the median secondary front yard shall be calculated by using the lots on the same corner. The median side yard shall be determined by using lots or parcels of similar width located on the same block face. Each side yard median (left and right) shall be calculated and applied separately. If the foregoing measurements do not establish a clear pattern of development, then the administrator may use the opposite block face to establish the average front or side yard.

Corner lots and through lots. On a corner lot or through lot, the yards adjacent to the front yard lines parallel to the building front shall be considered front yards. The yards adjacent to the front lot line that are not parallel to the building front shall be secondary front yards (for the purposes of averaging setbacks). The yard opposite the front yard shall be the rear yard. The remaining yards shall be considered side yards.

Setbacks following government acquisition of land. Where land acquisition for a public purpose reduces the distance between an existing legally established structure and an adjacent lot line to an amount less than the minimum required, the resulting distance shall be deemed the minimum setback for the lot.

Sight triangles. Regardless of the setbacks applied in a district, no structure except a fence shall be permitted within the required sight triangle. For fences, a sight triangle is the triangle formed by the two right-of-way lines at a street intersection, or the intersection of a driveway and a street, and a line connecting those two lines 10 feet from their intersection.

Uncovered terraces. Required yard setbacks shall not apply to uncovered terraces, uncovered patios and unroofed porches not more than 30 inches above existing grade in residential zoning districts or 15 inches in nonresidential and mixed-use zoning districts.

Project to lot line.

Project to distance specified. The following structures and features are permitted to project into a required yard setback, in all zoning districts, to the distances stated:

Building size. Building size is the total floor area located inside exterior walls and covered by a roof.

Density, maximum.

Mixed use ratio. The residential gross floor area in a PD-MU District shall be calculated based on an average residential square footage per building type proposed in the general development plan for the district. These calculations are for the general development plan and shall not include modifications to a dwelling unit's square footage after the initial certificate of occupancy is issued.

Floor area, gross. Gross floor area is the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above. The term gross floor area shall include basements; elevator shafts and stairwells at each story; interior balconies; and mezzanines.

Floor area, net. Net floor area is the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the center line of walls separating two or more buildings. The term net floor area shall include outdoor display areas for the sale, rental and display of recreational vehicles, boats and boating equipment, trailers, horticultural items, farm or garden equipment and other similar products, but shall exclude areas designed for permanent uses such as toilets, utility closets, enclosed and open malls, truck tunnels, enclosed parking areas, meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire corridors, stairwells, elevators and escalators.

Building height.

Building story. A building story is that part of any building between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building between the level of the highest finished floor and the top of the roof beams.

Established grade. Established grade is the finished grade following grading, excavation, or other land-disturbing activity.

Grade. Grade means the level of the ground elevation prior to the commencement of development or land-disturbing activity.

Height limits may be exceeded, up to 25% of limit, by bulk storage silos, grain elevators, barns, chimneys, domes, elevator shafts, penthouses, flag poles on buildings, water towers, rooftop dish antennas, solar equipment, skylights, fire escapes or roof access stairways, mechanical equipment required to operate and maintain the building, or similar appurtenances.

Spires for religious institutions, bell towers, belfries, and cupolas may exceed by three times the height of the building on which such appurtenance are constructed, up to a maximum height of 199 feet above grade.

Limitations.

Double-face sign, one face counted.

V-sign with 45° or greater angle, two faces counted.

Triangular sign, two faces counted.

Cube sign, two faces counted.

Cylindrical sign, one-half of the surface area counted.

If the sign location lies below the road elevation nearest to it, the sign height shall be measured from the road grade of the nearest travel lane to the sign to the top of the area of copy.

If the sign location lies above the road elevation nearest to it, the sign height shall be measured from the natural grade level of the site to the top of the area of copy.

The mean height level between the eaves and ridge of a building with a gable, hip, cone, gambrel, or shed roof; or

The highest point of the roof surface or parapet of a building with a flat roof; or

The highest point of the deck line of a building with a mansard roof.

General. This section identifies each of the four use classifications in Table 72-40.2, Use Table, and includes a section under each use classification identifying each use category. There are characteristics and examples subsections under each use category.

Principal use characteristics and accessory uses. The characteristics subsection describes common characteristics of each use category. Principal uses are assigned to the use category that most closely describes the nature of the principal use. Also listed are examples of common accessory uses that, unless otherwise stated in this chapter, are allowed in conjunction with a principal use.

Examples. The examples subsection lists common examples of use types included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself wholesale sales, but sells mostly to consumers, is included in the Retail Sales and Service Use Category rather than the Wholesale Sales Use Category. This is because the activity on the site matches the characteristics of the Retail Sales and Service Use Category.

Characteristics. The Household Living Use Category includes use types that provide for the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies, and parking of the occupants' vehicles. Home occupations are accessory uses that are subject to additional regulations (see § 72-42.6D, Home occupations).

Examples. Example use types include detached residential dwellings like single-family detached dwellings, single-family attached structures, duplexes, multifamily uses, and residential uses in the same building as nonresidential uses like live/work units or upper-story dwellings.

Characteristics. The Group Living Use Category includes use types that provide for the residential occupancy of a structure by a group of people who do not meet the definition of household. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment. Common accessory uses include recreational facilities, dining facilities, and parking of vehicles for occupants and staff.

Examples. Example use types include dormitories, convents, fraternity, or sorority houses.

Characteristics. The Community Services Use Category includes use types of a public, nonprofit, or charitable nature that provide a local service to people of the community. Generally, such uses provide ongoing continued service on-site or have employees at the site on a regular basis. Community centers or facilities that have membership provisions that are open to the general public (for instance, any senior citizen could join a senior center) are included in the Community Services Use Category. The use type may provide special counseling, education, or training of a public, nonprofit, or charitable nature. Accessory uses may include offices, meeting, food preparation, parking, health, and therapy areas; and athletic facilities.

Examples. Example use types include community centers, cultural facilities, libraries, and museums.

Exceptions. Parks are classified as Parks and Open Space.

Characteristics. The Day Care Use Category is characterized by use types that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence, and typically for less than 24 hours per day. Care can be provided during daytime or nighttime hours. Accessory uses include offices, food preparation, recreation areas, and parking.

Examples. Example use types include adult day-care centers and child-care centers.

Exceptions. The Day Care Use Category does not include child care within a primary residence, drop-in or short-term day care provided in connection with employment or shopping center, recreational facility, religious institution, hotel, or other principal use, where children are temporarily cared for while parents or guardians are employed part-time or temporarily occupied on the premises or in the immediate vicinity.

Characteristics. The Educational Facilities Use Category includes use types such as public and private schools at the elementary, middle, or high school level that provide state-mandated basic education or a comparable equivalent. This use category also includes colleges, universities, and other institutions of higher learning such as vocational or trade schools that offer courses of general or specialized study leading to a degree or certification. Accessory uses at schools include offices, play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care. Accessory uses at colleges or universities include offices, dormitories, food service, laboratories, health and sports facilities, theaters, meeting areas, athletic fields, parking, maintenance facilities, and supporting commercial.

Examples. Example use types include public and private kindergarten schools, elementary schools, middle or junior high schools, and senior high schools that provide state-mandated basic education, as well as colleges or universities, and vocational or trade schools.

Characteristics. The Government Facilities Use Category includes use types that provide for the general operations and functions of local, state, or federal governments. Accessory uses include maintenance, storage (indoor and outdoor), fueling facilities, satellite offices, and parking areas.

Examples. Example use types include post offices, government offices, courthouses, and government maintenance, storage, and distribution facilities.

Exceptions.

Characteristics. The Health Care Facilities Use Category includes use types that provide medical or surgical care and treatment to patients as well as laboratory services. Hospitals and medical treatment facilities offer overnight care, as well as outpatient care. Accessory uses include offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, housing for staff or trainees, and limited accommodations for family members.

Examples. Example use types include hospitals, medical treatment facilities, and medical laboratories.

Exceptions.

Characteristics. The Institutions Use Category includes use types that provide a variety of facilities, including buildings that provide meeting areas for religious activities, civic or fraternal club activities, housing and care for the elderly or disabled, and housing related to treatment programs. Accessory uses include school facilities, limited medical treatment facilities, kitchens/cafeterias, recreation areas, offices, meeting rooms, parking, and staff residences.

Examples. Example use types include religious institutions (with cemeteries, columbaria, and mausoleums as accessory uses), private clubs or lodges, nursing homes, assisted living facilities, and institutional housing.

Characteristics. The Parks and Open Areas Use Category includes use types that focus on open space areas largely devoted to vegetative landscaping or outdoor recreation and that tend to have few structures. Accessory uses may include club houses, recreational structures, statuary, fountains, maintenance facilities, concessions, parking, and columbaria and mausoleums (as accessory to cemeteries).

Examples. Example use types include arboretums or botanical gardens, parks, non-commercial community gardens, public golf courses, and cemeteries.

Exceptions. Private golf courses are classified as Recreation, Outdoor.

Characteristics. The Public Safety Use Category is characterized by use types that provide public safety services to the general public.

Examples. Example use types include civil defense facilities, fire and EMS facilities, police stations, substations for fire and police, and fire training facilities, police firing ranges, and correctional facilities. Accessory uses include offices, teaching facilities, meeting areas, lunch rooms and cafeterias, sleeping quarters, storage, parking, and maintenance facilities.

Characteristics. The Transportation Use Category includes use types that provide for the landing and takeoff of airplanes and helicopters, including loading and unloading areas. This use category also includes passenger terminals for surface transportation. Accessory uses include freight handling areas, concessions, offices, parking, maintenance, and fueling facilities.

Examples. Example use types include airports, helicopter landing facilities, and passenger terminals for ground transportation (train, bus).

Exceptions. Transit route facilities such as bus stops, bus shelters, and park-and-ride facilities are classified as Utilities.

Characteristics. The Utilities Use Category includes both major utilities, which are infrastructure services that provide regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood or use type where the service is provided. Wireless telecommunications towers also are a type of utility. Services may be publicly or privately provided. Accessory uses may include parking and control, offices, monitoring, storage areas, or data transmission equipment.

Examples.

Exceptions. Landfills, recycling and salvage centers, and waste composing uses are considered Waste-Related Services.

Characteristics. The Adult Establishment Use Category includes use types that sell, distribute, or present material or feature performances or other activities that emphasize the depiction or display of specified sexual activities or specified anatomical areas as defined herein.

Examples. Example adult establishment use types include adult bookstores, adult video stores, adult arcades, and adult motion-picture theaters (all distinguished by being largely devoted to selling, renting, or presenting media emphasizing sexually explicit content), as well as adult motels/hotels (motels/hotels largely devoted to providing room occupants films or other visual representations emphasizing sexually explicit content), and adult cabarets or night clubs (featuring live performances or services emphasizing the display of specified sexual activities or specified anatomical areas).

Characteristics. The Animal Care Use Category is characterized by uses related to the provision of medical services and treatment to animals, including veterinary services, animal hospitals and the boarding of animals related to the provision of these services.

Examples. Examples of animal care use types include animal shelters, animal grooming, animal hospitals, and veterinary clinics.

Characteristics. The Eating Establishments Use Category includes use types that prepare and sell food and beverages for immediate or direct on- or off-premises consumption. Accessory uses may include bars or cocktail lounges associated with the establishment, decks and patios for outdoor seating, drive-through facilities, facilities for live entertainment or dancing, customer and employee parking areas, and valet parking facilities.

Examples. Examples include restaurants with indoor and outdoor seating, fast food restaurants, microbreweries, specialty eating establishments (ice cream parlors, dessert shops, juice or coffee houses), and bakeries.

Characteristics. The Commercial Alcoholic Beverage Use Category includes facilities for the production, packaging and distribution of beer, wine, and spirits. These uses are characterized as commercial uses, as opposed to the traditional manufacturing character, because the production volume is lower than that associated with a traditional manufacturing use. In addition, the production use is combined with one or more commercial uses such as eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use. Finally, this use involves the offering of the product for sale or consumption on premises.

Characteristics. The Commercial Alcoholic Beverage Use Category includes facilities for the production of beer. These uses are characterized as commercial uses, as opposed to the traditional manufacturing character, because the production volume is lower than that associated with a traditional manufacturing use. In addition, the production use is combined with one or more commercial uses such as eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use. Finally, this use is characterized by the on-premises retail sales or consumption of most of the beer produced. On-premises distribution facilities may be an accessory use.

Characteristics. The Office Use Category includes use types that provide for activities that are conducted in an office setting and generally focus on business, professional, or financial services. Accessory uses may include cafeterias, day care facilities, recreational or fitness facilities, parking, supporting commercial, or other amenities primarily for the use of employees in the business or building.

Examples. Example use types include business and sales offices (such as lenders, banks, brokerage houses, tax preparers, and real estate agents), and professional services (such as lawyers, accountants, engineers, or architects).

Exceptions.

Characteristics. The Commercial Parking Use Category includes use types that provide free-standing parking lots and structures that are not accessory to a specific principal use. A fee may or may not be charged. A parking facility that provides both accessory parking for a specific principal use and regular fee parking for people not connected to the principal use is also classified as Commercial Parking. Accessory uses may include small shelters for parking attendants.

Examples. Example use types include surface parking lots and parking structures (parking decks or garages).

Exceptions.

Characteristics. The Indoor Recreation/Entertainment Use Category includes use types that are privately owned and provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include offices, concessions, snack bars, parking, and maintenance facilities.

Examples. Example use types include fitness centers, indoor commercial recreation uses (including bowling alleys, game rooms, shooting ranges, and skating rinks), and theaters (including cinemas, screening rooms, and stages).

Exceptions.

Characteristics. The Outdoor Recreation/Entertainment Use Category includes use types that are large, generally commercial, and provide continuous recreation or entertainment-oriented activities that primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include concessions, parking, and maintenance facilities.

Examples. Example use types include privately owned arenas, amphitheaters, or stadiums, outdoor commercial recreation uses (including private golf driving ranges and privately owned miniature-golf facilities; go-cart racing, racetrack, or dirt-track facilities; privately owned outdoor commercial tourist attractions, water parks, and amusement parks; and privately owned active sports facilities such as ball fields, courts, and archery ranges), athletic facilities, and private golf courses.

Exceptions. Publicly owned golf courses, tennis courts, swimming pools, basketball courts, ball fields, and other similar outdoor recreational or entertainment-oriented facilities are classified as Parks and Open Space.

Characteristics. The Commercial Alcoholic Beverage Use Category includes facilities for the production, packaging and distribution of beer, wine, and spirits. The production volume associated with the "regional" classification presents mixed commercial and manufacturing characteristics, but is still lower than a traditional manufacturing use. The production use is combined with one or more commercial uses such as eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use. This use involves the offering of the product for sale or consumption on premises; but distribution facilities for off-premises sale of the product are a characteristic of this use.

Characteristics. The Retail Sales and Services Use Category includes use types involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale, concessions, ATM machines, outdoor display/sales areas, gasoline sales, and parking. Use types within this use category have been categorized based on their intensity, scale, and function.

Examples. Example use types include uses from the following groups:

Exceptions.

Characteristics. The Vehicle Sales and Services Use, Heavy Category, include, use types involving the direct sales and servicing of medium trucks, boats, and other consumer motor vehicles intended to transport persons or goods over land or water or through the air, whether for recreation, commerce, or personal transport. Accessory uses include offices, sales of parts, maintenance facilities, parking, outdoor display, and vehicle storage.

Examples. Example use types include vehicle sales or rentals; automotive repair and servicing; automotive painting/bodywork; automotive towing and impoundment; and carwashes.

Exceptions.

Characteristics. The Visitor Accommodations Use Category includes use types that provide lodging units or space for short-term stays of less than 30 days for rent, lease, or interval occupancy. Accessory uses may include pools and other recreational facilities, limited storage, restaurants, bars, supporting commercial, meeting facilities, offices, and parking.

Examples. Example use types include hotels or motels and bed-and-breakfast inns.

Characteristics. The Industrial Services Use Category includes use types involving the repair or servicing of industrial, business, or consumer machinery equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. Few customers, especially the general public, come to the site. Accessory activities may include limited retail or wholesale sales, offices, parking, warehousing, and outdoor storage.

Examples. Example use types include machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; heavy equipment sales, rental, or storage; heavy equipment servicing and repair; building, heating, plumbing, or electrical contractors; fuel oil or bottled gas distributors; research and development facilities; laundry, dry-cleaning, and carpet cleaning plants; and general industrial service uses.

Exceptions. Contractors and others who perform services off-site are included in the Offices Use Category if equipment and materials are not stored outside and no fabrication, services, or similar work is carried on at the site.

Characteristics. The Manufacturing and Production Use Category includes use types involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Products may be finished or semifinished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. The use category also includes custom industries (establishments primarily engaged in the on-site production of goods by use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, such sales are a subordinate part of total sales. Relatively few customers come to the manufacturing site. Accessory uses may include retail or wholesale sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, fueling facilities, security and caretaker's quarters.

Examples.

Exceptions.

Characteristics. The Warehouse and Freight Movement Use Category includes use types involving the storage or movement of goods for themselves or other firms or businesses. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses include offices, truck fleet parking, outdoor storage, and maintenance areas.

Examples. Example use types include separate storage warehouses (used for storage by retail stores such as furniture and appliance stores); distribution warehouses (used for distribution by trucking companies; cold storage plants; self-service storage; and outdoor storage (as a principal use).

Exceptions.

Characteristics. The Waste-Related Services Use Category includes use types that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. This use category also includes use types that receive wastes from others. Accessory uses may include offices, outdoor storage, recycling of materials, and repackaging and trans-shipment of by-products.

Examples. Example use types include recycling and salvage centers, convenience centers, transfer stations, waste composting, incinerators, and recycling drop-off centers.

Exceptions. Wastewater treatment plants and potable water treatment plants are classified as Utilities.

Characteristics. The Wholesale Sales Use Category includes use types involving the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or taking of orders and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. Accessory uses may include offices, product repair, warehouses, minor fabrication services, outdoor storage, and repackaging of goods.

Examples. Example use types include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, plants and landscaping materials, auto parts, and building hardware.

Exceptions.