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Hays City Zoning Code

CHAPTER 3

Density, Intensity, Bulk, and Scale

Sec. 3.1.101 Purpose
The purpose of this Article is to establish the standards for the character and scale, density (residential), and intensity (nonresidential and mixed use) of development that is allowed within each zoning district set out in Article 2.1, Zoning Districts.

Effective on: 8/31/2016

Sec. 3.1.102 Application
  • Application. This Article establishes regulations for parcels proposed for development or redevelopment, which is organized for new and established residential neighborhoods, as well as nonresidential and mixed use development.
    1. New Neighborhoods. Set out in Division 3.1.200, New Neighborhood Development Standards, are the maximum density and lot and building standards for each residential district and neighborhood type. The maximum density varies according to the amount of open space provided in the development.
    2. Nonresidential and Mixed Use Development. Set out in Division 3.1.300, Nonresidential and Mixed Use Lot and Scale Standards, are the maximum intensity (floor area ratio) and lot and building standards for each district. Also set out in this Section is the limits on the scale of nonresidential development in residential and mixed use districts.
  • Limitations. Not all parcels proposed for development will be able to achieve the maximum density or intensity due to factors such as parcel geometry; physical conditions such as soils and floodplains; infrastructure limitations; or restrictions on proposed uses. Accordingly, the application of the other standards of this Code may, in some cases, limit the development potential of a parcel to less than what is set out in this Article.

    • Effective on: 8/31/2016

    Sec. 3.1.201 Standards of New Neighborhoods
  • A.
    Generally. The minimum lot size, minimum open space ratio (OSR), maximum gross density, minimum area of development, and utility requirements for each residential district and neighborhood type are as set out in Table 3.1.201, Residential Development Standards.
  • B.
    Application. The standards of this Section apply to the development of new neighborhoods, which exclude and are separate from the provisions for established neighborhoods that are set out in Article 3.2, Neighborhood Conservation and Established Neighborhoods. Specifically, this Section applies to:
    1. 1.
      All subdivisions that meet the minimum area of development, as applicable;
    2. 2.
      Re-subdivisions of property that create two or more buildable lots, excluding those that are subject to Article 3.2, Neighborhood Conservation and Established Neighborhoods; or
    3. 3.
      Single-family attached or multi-family developments with two or more dwelling units on a single parcel.
  • C.
    Neighborhood Types. New residential and predominantly residential mixed use neighborhoods are classified into five different neighborhood types. These neighborhood types are set out below:
    1. 1.
      Standard. New standard neighborhoods follow the traditional style of development, where most of the land is comprised of a single housing type with a limited amount of common open space (see Section 9.1.301, Standard Development).
    2. 2.
      Planned. New planned developments offer more flexibility in site design by combining lot sizes with multiple housing types in a master planned community. This type of development requires more common open space to transition housing types, provide for increased stormwater runoff due to higher densities, and to provide ample area for parks and greenways (see Section 9.1.302, Planned Development).
    3. 3.
      Mixed Use. New mixed use developments allow the combination of vertical and horizontal mixed residential and nonresidential uses (see the development standards for the Mixed Use (M-U) district in Sec. 3.1.301, Nonresidential and Mixed Use Development Standards, as well as Section 9.1.303, Mixed Use Planned Development).
    4. 4.
      Manufactured Home Park and Subdivisions. New manufactured home parks and subdivisions are allowed in accordance with this Division, as well as Section 9.1.304, Manufactured Home Park or Subdivision, and other applicable sections of this Code.
    5. 5.
      Recreational Vehicle (RV) Parks. New recreational vehicle parks are allowed in accordance with this Division, as well as Section 9.1.305, Recreational Vehicle (RV) Parks, and other applicable sections of this Code.
  • D.
    Use of Neighborhood and Housing Types. The Agriculture (A-L), Residential Suburban (R-S), Residential General (R-G), and Residential Multi-Family (R-M) districts provide for different neighborhood types. Within each district, all neighborhoods are permitted by-right, subject to the standards set out in Table 3.1.201, Residential Development Standards. The dimensional standards for each housing type are set out in the tables in Section 3.1.202, Lot and Building Standards for Individual Housing Types.
  • E.
    Interpretation of Table. The table columns may be interpreted as follows:
    1. 1.
      District and Neighborhood Type sets out each zoning district and the neighborhood types permitted with them.
    2. 2.
      Minimum Lot Size sets out the minimum lot size that is used together with the minimum open space ratio (OSR) to establish the maximum gross density (e.g., maximum number of dwelling units) for each neighborhood type. For planned developments with mixed housing types available, the minimum lot size is used to establish the gross density of the planned development.
    3. 3.
      Minimum Open Space Ratio (OSR) sets out the minimum amount of common open space that is required for each neighborhood type in each zoning district. The open space may be used to meet the City's stormwater requirements, preserve environmental resources (e.g., floodplains and riparian areas, etc.), or provide open space for recreational amenities (e.g., parks, trails, and greenways).
    4. 4.
      Maximum Gross Density sets out the maximum number of dwelling units per acre that may be constructed by-right in each district and for each neighborhood type.
    5. 5.
      Minimum Area of Development sets out the minimum area of land required to for planned developments and manufactured home parks.
    6. 6.
      Utility Requirement sets out whether on-site utilities (e.g., well and septic) are allowed or whether public utilities (water and sanitary sewer) are required. This requirement is based on the minimum lot size and development density.
    • Table 3.1.201
    Residential Development Standards
    District and Neighborhood TypeDevelopment Standards
    Minimum Lot SizeMinimum Open Space Ratio (OSR) 1Maximum Gross DensityMinimum Area of DevelopmentUtility Requirement
    Agriculture (A-L) District
    Standard (Farmstead) 15 ac.50%0.0920 ac.On-Site
    Residential Suburban (R-S) District
    Standard (Rural Lot)1 ac.7%0.83N/ANo Water / Sanitary Sewer Available
    Standard (Estate Lot)21,780 sf.7%1.56N/AWater or Sewer Available
    Planned (Mixed Housing Types) 215,000 sf.15%2.07N/APublic (Water and Sewer Available)
    Residential General (R-G) District
    Standard (Large Lot)9,000 sf.7%3.73N/APublic (Water and Sewer Available)
    Standard (Moderate Lot)7,000 sf.7%4.68N/APublic (Water and Sewer Available)
    Standard (Small Lot)6,000 sf.7%5.48N/APublic (Water and Sewer Available)
    Planned (Mixed Housing Types) 21,500 sf.10%16.5N/APublic (Water and Sewer Available)
    Manufactured Home Park 3, 4, 53,600 sf.10%8.365 ac.Public (Water and Sewer Available)
    Residential Multi-Family (R-M) District
    Standard (Single-Family Attached)3,000 sf.10%10.21N/APublic (Water and Sewer Available)
    Standard (Multi-family)1,500 sf.30%19.205,000 sf.Public (Water and Sewer Available)
    Rear Yard and Side Yard Projection Setack
    Decks, patios, balconies, covered or uncovered, awnings, canopies, sunshades, trellises, arbors or other similar architectural features attached or detached to the primary dwelling.5 ft. from the rear property line

    TABLE NOTES:

    N/A - Not Applicable

    1. 1.
      This minimum lot size does not prevent a named lot owner from deeding a tract of land of less than five acres for the purposes of a single-family detached house via a lot split; provided, however, that a permit is obtained from the Department and both tracts meet the applicable setback requirements set out in Table 3.1.203.A, Single-Family Detached Lot and Building Standards.
    2. 2.
      For planned development with mixed housing types available, the minimum lot size is used to establish the gross density of the planned development.
    3. 3.
      Manufactured home subdivisions and manufactured home parks are a development option in the Agriculture (A-L) and Residential Suburban (R-S) districts as set out in Table 2.2.202A, Residential and Commercial Uses of the Home. See also Section 9.1.304, Manufactured Home Park or Subdivision. A manufactured home subdivision utilizes the standards for small lot (6,000 sf.) standard neighborhood, while the manufactured home park utilizes the standards set out in this table.
    4. 4.
      Manufactured housing cannot be combined with any other housing type.
    5. 5.
      These standards are also applicable to recreational vehicle parks.
    Table 3.1.201
    Residential Development Standards
    District and Neighborhood TypeDevelopment Standards
    Minimum Lot SizeMinimum Open Space Ratio (OSR) 1Maximum Gross DensityMinimum Area of DevelopmentUtility Requirement
    Agriculture (A-L) District
    Standard (Farmstead) 15 ac.50%0.0920 ac.On-Site
    Residential Suburban (R-S) District
    Standard (Rural Lot)1 ac.7%0.83N/ANo Water / Sanitary Sewer Available
    Standard (Estate Lot)21,780 sf.7%1.56N/AWater or Sewer Available
    Planned (Mixed Housing Types) 215,000 sf.15%2.07N/APublic (Water and Sewer Available)
    Residential General (R-G) District
    Standard (Large Lot)9,000 sf.7%3.73N/APublic (Water and Sewer Available)
    Standard (Moderate Lot)7,000 sf.7%4.68N/APublic (Water and Sewer Available)
    Standard (Small Lot)6,000 sf.7%5.48N/APublic (Water and Sewer Available)
    Planned (Mixed Housing Types) 21,500 sf.10%16.5N/APublic (Water and Sewer Available)
    Manufactured Home Park 3, 4, 53,600 sf.10%8.365 ac.Public (Water and Sewer Available)
    Residential Multi-Family (R-M) District
    Standard (Single-Family Attached)3,000 sf.10%10.21N/APublic (Water and Sewer Available)
    Standard (Multi-family)1,500 sf.30%19.205,000 sf.Public (Water and Sewer Available)
    Rear Yard and Side Yard Projection Setack
    Decks, patios, balconies, covered or uncovered, awnings, canopies, sunshades, trellises, arbors or other similar architectural features attached or detached to the primary dwelling.5 ft. from the rear property line

    TABLE NOTES:

    N/A - Not Applicable

    1. 1.
      This minimum lot size does not prevent a named lot owner from deeding a tract of land of less than five acres for the purposes of a single-family detached house via a lot split; provided, however, that a permit is obtained from the Department and both tracts meet the applicable setback requirements set out in Table 3.1.203.A, Single-Family Detached Lot and Building Standards.
    2. 2.
      For planned development with mixed housing types available, the minimum lot size is used to establish the gross density of the planned development.
    3. 3.
      Manufactured home subdivisions and manufactured home parks are a development option in the Agriculture (A-L) and Residential Suburban (R-S) districts as set out in Table 2.2.202A, Residential and Commercial Uses of the Home. See also Section 9.1.304, Manufactured Home Park or Subdivision. A manufactured home subdivision utilizes the standards for small lot (6,000 sf.) standard neighborhood, while the manufactured home park utilizes the standards set out in this table.
    4. 4.
      Manufactured housing cannot be combined with any other housing type.
    5. 5.
      These standards are also applicable to recreational vehicle parks.
    1. F.
      Requirements for Phased Developments. The maximum residential development capacity of the entire parcel proposed for development shall be used for calculating compliance with the minimum open space ratio and maximum gross density set out in Table 3.1.201, Residential Development Standards.

    (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 3.1.202 Lot and Building Standards for Individual Housing Types
  • A.
    Generally. Once the allowable housing and neighborhood types are determined per zoning district, as set out in Section 2.2.202, Residential and Commercial Uses of the Home, the lot and building standards for each district, neighborhood, and housing type may be determined by using Table 3.1.202A, Single-Family Detached Lot and Building Standards and Table 3.1.202B, Single-Family Attached and Multi-Family Lot and Building Standards. Flexible provisions allowing optional lot variability in planned neighborhoods are set out in Subsection D. Lot Averaging, below.
  • B.
    Single-Family Detached Dwellings. Single-family detached dwellings are permitted in each neighborhood type in the Agriculture (A-L), Residential Suburban (R-S), and Residential General (R-G) districts, and in a planned neighborhood in the Residential Multi-Family (R-M) district. A single-family dwelling shall only be located in the A-L district when associated with an agricultural use. The minimum lot area and width; minimum front, interior and street side, and rear setbacks; and maximum building height requirements are established for single-family detached dwellings in Table 3.1.202A, Single-Family Detached Lot and Building Standards.
    • Table 3.1.202A
    Single-Family Detached Lot and Building Standards
    District and Neighborhood TypeMinimumMaximum Building Height
    Lot DimensionSetbacks
    AreaWidthFrontInterior SideStreet SideRear
    TABLE NOTES:
    1. 1.
      The maximum building height for non-agricultural buildings is 35'. As set out in Division 2.2.200, Permitted, Limited, Exception, and Prohibited Uses, the Institutional, Recreation, and Amusement; Commercial; and Agriculture, Industrial, Transportation, Utility, and Communication uses allowed in the A-L district are permitted two feet of additional height for each one foot of additional building setback. The required front yard shall apply on both streets for double-frontage lots.
    2. 2.
      The front yard shall be the greater of 30' or 70' from the centerline of collector streets and the greater of 30' or 80' from the centerline of arterial streets. 
    3. 3.
      The front yard can be (0), however, no structure can be located within a utility easement.
    4. 4.
      This minimum lot size does not prevent a named lot owner from deeding a tract of land of less than five acres for the purposes of a single-family detached house; provided, however, that a permit is obtained from the Department and both tracts meet the applicable setback requirements set out in Table 3.1.203A, Single-Family Detached Lot and Building Standards.
    5. 5.
      The interior side yard for a planned neighborhood in the Residential General (R-G) district is zero feet on the attached side and five feet on the unattached side.
    6. 6.
      For housing types other than single-family detached dwellings, refer to Table 3.1.202B, Single-Family Attached and Multi-Family Lot and Building Standards.
    Agriculture (A-L) District
    Standard (Farmstead) 1, 55 ac.275'40'25'40'40'35'

    Residential Suburban (R-S) District

    Standard (Rural Lot) 1, 21 ac.140'30'10% of lot width; min. 7' to max. 15'15'30'35'
    Standard (Estate Lot)21,780 sf.
    Planned (Mixed Housing Types) 115,000 sf.75'25'7'15'15'Unlimited
    Residential General (R-G) District
    Standard (Large Lot) 19,000 sf.70'25'7'15'15'35'
    Standard (Moderate Lot) 27,000 sf.60'
    Standard (Small Lot) 2, 66,000 sf.50’
    Planned (Mixed Housing Types) 2, 3, 4, 6, 71,500 sf.30'

    0'

    See Note 3

    		3'10'10'Unlimited
    Manufactured Home Park3,600 sf.40'25'7'10'10'20'
    Residential Multi-Family (R-M) District
    Standard Neighborhood (Single-Family Attached) 23,000 sf.45'20'4'20'18'35'
    Planned (Multi-Family) 71,500 sf.See Table 3.1.202B, Single-Family Attached and Multi-Family Lot and Building Standards, below.
    Mixed Use 7For multi-family, see Planned Development (Multi-Family) above. For mixed use buildings, see Sec. 3.1.301, Nonresidential and Mixed Use Development Standards
    Table 3.1.202A
    Single-Family Detached Lot and Building Standards
    District and Neighborhood TypeMinimumMaximum Building Height
    Lot DimensionSetbacks
    AreaWidthFrontInterior SideStreet SideRear
    TABLE NOTES:
    1. 1.
      The maximum building height for non-agricultural buildings is 35'. As set out in Division 2.2.200, Permitted, Limited, Exception, and Prohibited Uses, the Institutional, Recreation, and Amusement; Commercial; and Agriculture, Industrial, Transportation, Utility, and Communication uses allowed in the A-L district are permitted two feet of additional height for each one foot of additional building setback. The required front yard shall apply on both streets for double-frontage lots.
    2. 2.
      The front yard shall be the greater of 30' or 70' from the centerline of collector streets and the greater of 30' or 80' from the centerline of arterial streets. 
    3. 3.
      The front yard can be (0), however, no structure can be located within a utility easement.
    4. 4.
      This minimum lot size does not prevent a named lot owner from deeding a tract of land of less than five acres for the purposes of a single-family detached house; provided, however, that a permit is obtained from the Department and both tracts meet the applicable setback requirements set out in Table 3.1.203A, Single-Family Detached Lot and Building Standards.
    5. 5.
      The interior side yard for a planned neighborhood in the Residential General (R-G) district is zero feet on the attached side and five feet on the unattached side.
    6. 6.
      For housing types other than single-family detached dwellings, refer to Table 3.1.202B, Single-Family Attached and Multi-Family Lot and Building Standards.
    Agriculture (A-L) District
    Standard (Farmstead) 1, 55 ac.275'40'25'40'40'35'

    Residential Suburban (R-S) District

    Standard (Rural Lot) 1, 21 ac.140'30'10% of lot width; min. 7' to max. 15'15'30'35'
    Standard (Estate Lot)21,780 sf.
    Planned (Mixed Housing Types) 115,000 sf.75'25'7'15'15'Unlimited
    Residential General (R-G) District
    Standard (Large Lot) 19,000 sf.70'25'7'15'15'35'
    Standard (Moderate Lot) 27,000 sf.60'
    Standard (Small Lot) 2, 66,000 sf.50’
    Planned (Mixed Housing Types) 2, 3, 4, 6, 71,500 sf.30'

    0'

    See Note 3

    		3'10'10'Unlimited
    Manufactured Home Park3,600 sf.40'25'7'10'10'20'
    Residential Multi-Family (R-M) District
    Standard Neighborhood (Single-Family Attached) 23,000 sf.45'20'4'20'18'35'
    Planned (Multi-Family) 71,500 sf.See Table 3.1.202B, Single-Family Attached and Multi-Family Lot and Building Standards, below.
    Mixed Use 7For multi-family, see Planned Development (Multi-Family) above. For mixed use buildings, see Sec. 3.1.301, Nonresidential and Mixed Use Development Standards
    1. C.
      Single-Family Attached and Multi-Family Apartment Dwellings. Single-family attached and multi-family dwellings are permitted in the districts set out in Table 3.1.202B., Single-Family Attached and Multi-Family Lot and Building Standards. The minimum lot area and width; minimum front, interior and street side, and rear setbacks; and maximum building height requirements are established for single-family attached and multi-family dwellings in Table 3.1.202B, Single-Family Attached and Multi-Family Lot and Building Standards.
    Table 3.1.202B
    Single-Family Attached and Multi-Family Lot and Building Standards
    District and Neighborhood TypeMinimumMaximum Building Height 
    Lot DimensionSetbacks
    Area1WidthFrontInterior SideStreet SideRear
    TABLE NOTES:
    1. 1.
      For the single-family attached and multi-family dwellings reflected in this table, the minimum lot area is measured on a per dwelling unit basis. For instance, a duplex requires a minimum lot size of 6,000 sf. (3,000 sf. X two dwelling units).
    2. 2.
      For single-family attached dwelling units, the interior side setback may be 0' on the side attached to the adjacent dwelling unit.
    3. 3.
      The front yard shall be 40' adjacent to an interstate or expressway, 35' adjacent to a collector or arterial street, or 30' adjacent to all other streets.
    4. 4.
      A small, moderate, or large lot is required for a single or two family dwelling. All principal structures shall be located a minimum of 15' from any lot line, except when it abuts a street in which case it shall meet the setbacks noted in this table. When a lot line abuts property zoned R-G or R-S, the minimum setback of the principal and accessory structures is 25', with the exception of recreation areas and buildings, swimming pools, and clubhouses which require a minimum setback of 40'.
    5. 5.
      The front yard shall be the greater of 25' or 75' from the centerline of collector or arterial streets.
    6. 6.
      The interior and street side yard for multiple-family dwellings is also the minimum separation between buildings.
    7. 7.
      The front setback for a mixed use loft shall accommodate a minimum 10' sidewalk. No rear yard setback is required except as required for on-site parking.
    Single-Family Attached
    Duplex 23,000 sf.60'25'10% of lot width; min. 7' to max. 15'15'Lesser of 25' or 30% of lot depth35' 
    Triplex 23,000 sf.90'25'10% of lot width; min. 7' to max. 15'15'Lesser of 25' or 30% of lot depth35' 
    Townhouse / Live-Work Units 2, 33,000 sf.90'See Note 3See Note 415'See Note 445' 
    Live-Work UnitLive-Work Units are subject to the standards set out in Division 3.1.300, Nonresidential and Mixed Use Development Standards.
    Multi-Family
    Apartment 4, 5, 61,500 sf.60'25'15'25'35'45' 
    Mixed Use Loft 7Multi-family development is subject to the standards set out in Table 3.1.301A, Nonresidential and Mixed Use Development Standards.
    Table 3.1.202B
    Single-Family Attached and Multi-Family Lot and Building Standards
    District and Neighborhood TypeMinimumMaximum Building Height 
    Lot DimensionSetbacks
    Area1WidthFrontInterior SideStreet SideRear
    TABLE NOTES:
    1. 1.
      For the single-family attached and multi-family dwellings reflected in this table, the minimum lot area is measured on a per dwelling unit basis. For instance, a duplex requires a minimum lot size of 6,000 sf. (3,000 sf. X two dwelling units).
    2. 2.
      For single-family attached dwelling units, the interior side setback may be 0' on the side attached to the adjacent dwelling unit.
    3. 3.
      The front yard shall be 40' adjacent to an interstate or expressway, 35' adjacent to a collector or arterial street, or 30' adjacent to all other streets.
    4. 4.
      A small, moderate, or large lot is required for a single or two family dwelling. All principal structures shall be located a minimum of 15' from any lot line, except when it abuts a street in which case it shall meet the setbacks noted in this table. When a lot line abuts property zoned R-G or R-S, the minimum setback of the principal and accessory structures is 25', with the exception of recreation areas and buildings, swimming pools, and clubhouses which require a minimum setback of 40'.
    5. 5.
      The front yard shall be the greater of 25' or 75' from the centerline of collector or arterial streets.
    6. 6.
      The interior and street side yard for multiple-family dwellings is also the minimum separation between buildings.
    7. 7.
      The front setback for a mixed use loft shall accommodate a minimum 10' sidewalk. No rear yard setback is required except as required for on-site parking.
    Single-Family Attached
    Duplex 23,000 sf.60'25'10% of lot width; min. 7' to max. 15'15'Lesser of 25' or 30% of lot depth35' 
    Triplex 23,000 sf.90'25'10% of lot width; min. 7' to max. 15'15'Lesser of 25' or 30% of lot depth35' 
    Townhouse / Live-Work Units 2, 33,000 sf.90'See Note 3See Note 415'See Note 445' 
    Live-Work UnitLive-Work Units are subject to the standards set out in Division 3.1.300, Nonresidential and Mixed Use Development Standards.
    Multi-Family
    Apartment 4, 5, 61,500 sf.60'25'15'25'35'45' 
    Mixed Use Loft 7Multi-family development is subject to the standards set out in Table 3.1.301A, Nonresidential and Mixed Use Development Standards.
    1. D.
      Lot Averaging. Lot averaging is a design technique that replaces minimum lot dimensions with an average lot width and size.
      1. 1.
        Applicability. The use of lot averaging is optional in the Residential Suburban (R-S), Residential General (R-G), and Mixed Use (M-U) districts. It is particularly applicable for the neighborhoods that allow mixed housing types, as set out in Table 3.1.201, Residential Development Standards, so as to allow multiple housing types and lot areas and widths within the same zoning district. In this way, a separate district is not required to accommodate neighborhoods with more than one type of housing. When lot averaging is used, the minimum lot area and width dimensions set out in Table 3.1.202A, Single-Family Detached Lot and Building Standards, and Table 3.1.202B, Single-Family Attached and Multiple-Family Lot and Building Standards, are the average (rather than minimum) dimensions of each neighborhood and housing type. Lot averaging may only be applied where both of the following conditions apply:
        1. a.
          Equal to or Greater. The average lot area and width are equal to or greater than the lot area and width specified for the respective neighborhood and housing types set out in Table 3.1.202A, Single-Family Detached Lot and Building Standards, and Table 3.1.202B, Single-Family Attached and Multiple-Family Lot and Building Standards.
        2. b.
          Greater than 90 Percent. No lot has a lot area or width that is less than 90 percent of that specified in these tables (see Figure 3.1.202, Lot Averaging).
      2. 2.
        Exception. Lot averaging is not applicable for standard lots in the Agriculture (A-L) and Residential-Suburban (R-S) districts.
    Figure 3.1.202
    Lot Averaging

    (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 3.1.203 Condominium and Alternative Land Ownership Arrangements
  • Generally. The standards of Division 3.1.200, New Neighborhood Development Standards, or Division 3.1.300, Nonresidential and Mixed Use Lot and Scale Standards, with respect to lot area, lot width, and setbacks relate to the development of residential, nonresidential, and mixed use buildings on conventional lots that are intended to be owned in fee-simple by the owners of the buildings. However, the standards are not intended to preclude other ownership types, such as 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 provided for by this Section are intended to allow such alternative ownership scenarios, provided that the development could be approved using conventional fee-simple ownership arrangements.
  • Demonstration of Compliance Required. The proposed pattern of development will be permitted if it is demonstrated that it will comply with the density/intensity, open space, and applicable setback requirements if it were platted with lots that meet the minimum requirements of Division 3.1.200, New Neighborhood Development Standards, for each of the proposed housing types or Division 3.1.300, Nonresidential and Mixed Use Lot and Scale Standards.

    • Effective on: 8/31/2016

    Sec. 3.1.301 Nonresidential and Mixed Use Development Standards
  • Generally. The standards that are applicable to nonresidential and mixed use parcels proposed for development are provided in Table 3.1.301A, Nonresidential and Mixed Use Development Standards. The table includes provisions for minimum landscape surface ratio (LSR), floor area ratio (FAR), minimum lot area, minimum street frontage, and maximum building height.
  • Nonresidential and Mixed Use Development Standards.
    • Table 3.1.301A
    Nonresidential and Mixed Use Development Standards
    StandardStoriesZoning District
    C-1C-2C-31I-1I-2M-UP-I
    TABLE NOTES:
         N/A - Not Applicable
    1. No off-street parking is required in the C-3 district, except for live-work units and multi-family as set out in Table 3.1.202B, Residential Development Standards in Nonresidential and Mixed Use Districts.
    2. The FARs account for the Landscape Surface Ratio (including setbacks, bufferyards, on-site drainage, and parking lot landscaping) and required on-site parking, excluding the C-3 District. Multiplying the site area by the FAR determines the maximum building size.
    3. Refer to Subsection D.2.c., Setback Planes, of this Section.
    4. Refer to Table 3.1.201, Residential Development Standards, for the planned development (multi-family) neighborhood type in the Residential Multi-Family (R-2) District for the maximum gross density in the C-3 and M-U districts.
    Minimum Landscape Surface Ratio (LSR)N/A10%10%1%10%10%10%10%
    Floor Area Ratio ("FAR")210.3210.2800.9620.3420.5180.2800.342
    20.4080.3351.8520.435N/A0.3350.435
    3N/AN/A2.6800.478N/A0.3580.478
    4N/AN/A3.448N/AN/A0.371N/A
    DensityN/AN/AN/ASee Notes1 and 4N/AN/ASee Note 4N/A
    Minimum Street FrontageN/A

    50'

    50'

    25'

    50'

    50'

    50'

    50'

    Maximum Building Height3N/A35’UnlimitedUnlimitedUnlimitedUnlimited60'45'
    Table 3.1.301A
    Nonresidential and Mixed Use Development Standards
    StandardStoriesZoning District
    C-1C-2C-31I-1I-2M-UP-I
    TABLE NOTES:
         N/A - Not Applicable
    1. No off-street parking is required in the C-3 district, except for live-work units and multi-family as set out in Table 3.1.202B, Residential Development Standards in Nonresidential and Mixed Use Districts.
    2. The FARs account for the Landscape Surface Ratio (including setbacks, bufferyards, on-site drainage, and parking lot landscaping) and required on-site parking, excluding the C-3 District. Multiplying the site area by the FAR determines the maximum building size.
    3. Refer to Subsection D.2.c., Setback Planes, of this Section.
    4. Refer to Table 3.1.201, Residential Development Standards, for the planned development (multi-family) neighborhood type in the Residential Multi-Family (R-2) District for the maximum gross density in the C-3 and M-U districts.
    Minimum Landscape Surface Ratio (LSR)N/A10%10%1%10%10%10%10%
    Floor Area Ratio ("FAR")210.3210.2800.9620.3420.5180.2800.342
    20.4080.3351.8520.435N/A0.3350.435
    3N/AN/A2.6800.478N/A0.3580.478
    4N/AN/A3.448N/AN/A0.371N/A
    DensityN/AN/AN/ASee Notes1 and 4N/AN/ASee Note 4N/A
    Minimum Street FrontageN/A

    50'

    50'

    25'

    50'

    50'

    50'

    50'

    Maximum Building Height3N/A35’UnlimitedUnlimitedUnlimitedUnlimited60'45'
    1. Subdivision of Nonresidential and Mixed Use Parcels.
      1. Street Frontage and Area. The minimum street frontage and minimum area of parcels proposed for development may be reduced with respect to the subdivision of individual lots within a development if it is demonstrated that:
        1. The area of the principal parcel from which the lot is subdivided complies with the requirements of Table 3.1.301A, Nonresidential and Mixed Use Development Standards, before subdivision;
        2. Appropriate easements are recorded to provide for:
          1. Cross-access between the lots;
          2. Chapter 5, Parking, Loading, Access, and Lighting; and
          3. Appropriate covenants, conditions, or restrictions (CCRs) are recorded that provide for the required landscape surface ratio (LSR) to be maintained in proportion to the principal parcel area before the subdivision, designating the landscaped areas, and providing for their maintenance.
      2. Building Spacing. For the purposes of the requirements of Table 3.1.301B, Nonresidential and Mixed Use Setbacks, lots created pursuant to this Section shall be considered part of the principal parcel. However, buildings shall be spaced at least 20 feet apart.
      3. Access. Lots created pursuant to this Section are not entitled to individual access to abutting streets unless they meet the access management requirements set out in Article 5.3, Access Management.
      4. Required Buffer. Lots created pursuant to this Section are not required to be buffered from the principal parcel from which they are subdivided unless they are in different zoning districts.
    2. Nonresidential and Mixed Use Setbacks.
      1. Generally. The standards of this Section apply to nonresidential and vertically mixed use buildings. If Division 4.1.400, Bufferyards, requires a bufferyard that is wider than the setback that is required by this Section, then the width of the setback shall be at least the width of the required bufferyard.
      2. Principal Buildings.
        1. The required setbacks for nonresidential and mixed use buildings are set out in Table 3.1.301B, Nonresidential and Mixed Use Setbacks.
        2. Residential district boundary setbacks (set out in the last row of Table 3.1.301B, Nonresidential and Mixed Use Setbacks), apply to buildings or outdoor uses (except parking) on parcels that abut property that is located in the R-S, R-1, R-M, or NC districts. If the residential district boundary setback is indicated as "N/A," then there are no special setback requirements in relation to abutting residentially zoned property (e.g., the other columns of the table control).
    Table 3.1.301B
    Nonresidential and Mixed Use Setbacks
    StandardZoning District
    C-1C-2C-33I-1I-2M-UP-I
    TABLE NOTES:
         N/A - Not Applicable
    1. Refer to Subsection D.2.c., Setback Planes, of this Section.
    2. If a two-story structure is constructed on a lot or parcel that abuts or is contiguous to a residential zoning district or use, there shall be no windows, doors, or other openings constructed on that side of the second story facing the residential district or use.
    3. Refer to Subsection E., C-3 District Setbacks, of this Section.
    4. The rear yard shall be minimum 20' when abutting residential zoned lots. Lots separated by public alley or street right-of-way shall not be considered as abutting.
    Front25'25'0'35'25'40'25'
    Interior Side5'5'0'10'10'25'10'
    Street Side15'25'0'25'25'40'25'
    Rear0'40'40'25'25'30'20'
    Residential District Boundary1,210'20'N/A20'20'20'20'
    Table 3.1.301B
    Nonresidential and Mixed Use Setbacks
    StandardZoning District
    C-1C-2C-33I-1I-2M-UP-I
    TABLE NOTES:
         N/A - Not Applicable
    1. Refer to Subsection D.2.c., Setback Planes, of this Section.
    2. If a two-story structure is constructed on a lot or parcel that abuts or is contiguous to a residential zoning district or use, there shall be no windows, doors, or other openings constructed on that side of the second story facing the residential district or use.
    3. Refer to Subsection E., C-3 District Setbacks, of this Section.
    4. The rear yard shall be minimum 20' when abutting residential zoned lots. Lots separated by public alley or street right-of-way shall not be considered as abutting.
    Front25'25'0'35'25'40'25'
    Interior Side5'5'0'10'10'25'10'
    Street Side15'25'0'25'25'40'25'
    Rear0'40'40'25'25'30'20'
    Residential District Boundary1,210'20'N/A20'20'20'20'
        1. Setback Planes. Where a nonresidential or mixed use building abuts or is contiguous to a residentially zoned or used property, then in addition to the building setback line as set out in Table 3.1.301B, Nonresidential and Mixed Use Setbacks, the building shall be set back one foot from the property line for each foot in building height over the maximum building height that is set out in the abutting residential district (see Figure 3.1.301A, Setback Planes).
    Figure 3.1.301A
    Setback Planes
    Illustrative Setback Planes
    1. C-3 District Setbacks.
      1. Generally. For all development in the C-3 district, principal structures shall be built on the front lot line (the "build-to line"). Portions of the façade that are recessed in order to satisfy the requirements of Division 10.1.200, Nonresidential and Mixed Use Design Standards, and Division 10.1.300, Special District Design Standards, 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. Where the use, in whole or in part, is an existing dwelling unit.
        2. Where the use is established in an existing building that exceeds the build-to line as of the effective date of this Code. In this case, the existing building may:
          1. Remain in its current location, utilizing the front setback as:
            1. A yard or courtyard;
            2. Public plaza or outdoor service area (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); or
            3. Off-street parking provided it was used for parking as of the effective date of this Code.
          2. Be extended to the build-to line provided it:
            1. Meets all other requirements and standards of this Code;
            2. Is a conforming use; and
            3. Complies with Subsection E.1.d., below (e.g., provision for a public sidewalk).
        3. Where the average setback of buildings along the block front or, in the instance of a corner lot, along one or both block fronts exceed the build-to line, the building may be:
          1. Constructed at the build-to line; or
          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 parcel proposed for development or redevelopment is not counted in the calculation.
        4. Where there is a public sidewalk that is up to six feet wide, the building must be set back in order to provide the additional space to expand the sidewalk onto the private lot to construct a sidewalk that is at least six 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.
        5. Buildings may be set back up to a distance of 20 feet from the build-to line in order to provide a publicly available pedestrian seating area (e.g., a public plaza, restaurant outdoor seating area, etc.) (see also Subsection 10.1.301C.6., Building Placement):
          1. The public plaza or outdoor service area shall be designated upon development approval and maintained as a publicly accessible space;
          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.); and
          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.
      1. Side and Rear Setbacks. Side and rear setbacks are not required in the C-3 district, except when the C-3 district abuts an NC district (including applicable subdistricts), the same setbacks applicable to the NC district shall also apply to the abutting or contiguous lot line(s) of the C-3 district.
      2. Encroachments. 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 3.1.301B, Permitted Encroachments):
        1. Encroachments up to 18 inches into the right-of-way are permitted below an elevation of eight feet above grade if it is demonstrated that:
          1. The encroachment does not impact the general functionality of the public sidewalk; and
          2. The encroachment does not make the sidewalk noncompliant with the requirements of the Americans with Disabilities Act (ADA).
        2. Encroachments up to four feet are permitted above an elevation of eight feet above grade if it is demonstrated that:
          1. The encroachment does not impact the general functionality of the public sidewalk;
          2. The encroachment is set back at least one foot from the face of the curb; and
          3. The encroachment does not create unsafe clearances from other elements of the right-of-way (e.g., street lighting, landscaping, vehicular movement, etc.).
    Figure 3.1.301B
    Permitted Encroachments
    Permitted Encroachments in the C-3 District

    (Ord. No. 4012, § 1, 7-14-2022)

    Effective on: 7/14/2022

    Sec. 3.1.302 Nonresidential and Mixed Use Scale
  • Generally. The gross floor area of nonresidential buildings in the R-S, R-G, R-M, and NC districts shall be limited based on the type of street from which primary access is taken, as provided in Table 3.1.302, Maximum Building Scale.
    • Table 3.1.302
    Maximum Building Scale
    Classification of Street1 from which Access is Taken Maximum Floor Area
    TABLE NOTES:
    1. Private streets are classified as public streets based on the intended functional classification needed to serve the parcel proposed for development.
    Arterial Street 25,000 sf.
    Collector Street 10,000 sf.
    Local Street 5,000 sf.
    Table 3.1.302
    Maximum Building Scale
    Classification of Street1 from which Access is Taken Maximum Floor Area
    TABLE NOTES:
    1. Private streets are classified as public streets based on the intended functional classification needed to serve the parcel proposed for development.
    Arterial Street 25,000 sf.
    Collector Street 10,000 sf.
    Local Street 5,000 sf.
    1. Exemption. The standards set out in Table 3.1.302, Maximum Building Scale, do not apply to the development of public schools.

    Effective on: 8/31/2016

    Sec. 3.2.101 Purpose
    The purpose of the Neighborhood Conservation (NC) district, as further delineated by subdistricts, is intended to provide for neighborhood stability while at the same time allowing for reasonable expansion and in some cases, new construction, in established residential neighborhoods. The NC district is generally characterized by development of existing residential neighborhoods that pre-dated the effective date of this Code.

    Effective on: 8/31/2016

    Sec. 3.2.102 Application
  • Generally. This Division establishes standards for the development, redevelopment, and substantial improvement of lots and buildings in established neighborhoods.
    1. General NC District Standards. In the NC subdistricts of NC.1, NC. 2, NC. 3, NC.4, and NC.5, all proposed development of vacant lots, redevelopment of existing buildings, or expansion of existing buildings, shall comply with Section 3.2.201, General NC Development Standards.
    2. Alternative NC District Standards. In the NC subdistricts of NC.1, NC. 2, NC. 3, NC.4, and NC.5, alternative standards (see Section 3.2.202, Alternative NC Development Standards) are provided for the expansion or reconfiguration of existing buildings when the expansion or reconfiguration cannot comply with the general development standards set out in Section 3.2.201, General NC Development Standards.
  • Conforming Buildings and Lots.
    1. Buildings. All buildings that lawfully existed or were the subject of an active building permit on the effective date of this Code are "conforming" buildings with respect to the building height and setback requirements set out in this Division if they are located in the NC.1, NC. 2, NC. 3, NC.4, and NC.5 subdistricts. However, this Section does not make the following buildings conforming:
      1. Buildings that were constructed without required permits; and
      2. Buildings that were constructed in violation of permit requirements.
    2. Lots. All lots that lawfully existed on the effective date of this Code are "conforming" with respect to lot width and lot area if they are located in the NC.1, NC. 2, NC. 3, NC.4, and NC.5 subdistricts. The lot width and lot area requirements of Table 3.2.202, Lot and Building Standards for NC Subdistricts, apply only to the subdivision or combination of existing lots or parcels within these districts after the effective date of this Code. However, this Section does not make the following lots conforming:
      1. ​Lots that were originally platted as conforming lots and later split by a metes and bounds description into a nonconforming lot; and
      2. Nonconforming lots for which the holder of legal title is separate from the ownership of the originally platted and abutting lot.
  • Nonresidential Uses.
    1. All lawfully permitted nonresidential uses may be continued provided that they were constructed in conformance with the original permit or exception permit and the development regulations at the time of permitting.
    2. Expansions to existing nonresidential uses shall be in conformance with the original permit or exception permit and the development regulations at the time of permitting. If an expansion was not considered during the initial grant of approval, the expansion shall comply with Subsection C.3., below.
    3. Substantial improvement, redevelopment, and new nonresidential development, shall comply with all applicable provisions of this Code, including those set out in Chapter 2, Zoning Districts and Land Uses, Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions, Division 3.1.300, Nonresidential and Mixed Use Lot and Scale Standards, Article 10.2, Supplemental Standards, applicable sections of Chapter 10, Buildings and Structures, among other applicable sections of this Code.
  • Relationship to Variances. Compliance with the standards of this Division are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the general or alternative standards of this Division.

    •  (Ord. No. 4012, § 1, 7-14-2022)

    Effective on: 7/14/2022

    Sec. 3.2.201 General NC Development Standards
  • Generally. The standards of this Section are applied as a matter of right in the NC.1, NC. 2, NC. 3, NC.4, and NC.5 subdistricts. If an application does not comply with these standards, which are consistent with those of the equivalent districts, then the parts of the application that do not comply (e.g., setbacks) are evaluated according to the alternate development standards set out in Section 3.2.202, Alternative NC Development Standards. If parts of the application do not comply with either these standards of the alternative standards, then a variance may be sought.
  • Lot and Building Standards for Existing Uses. The minimum front yard, interior side yard, street-side yard, and rear yard setbacks, and maximum building height are set out in Table 3.2.201, Existing Neighborhood Lot and Building Standards. Where different setback standards are specifically shown on an approved, recorded final plat, then the standards that are shown on that plat shall supersede the corresponding setback standards in this table.
    • Table 3.2.201
    Existing Neighborhood Lot and Building Standards
    SubdistrictPredominant Housing Type (dwelling units)Minimum Lot WidthLot Area1Minimum SetbackMaximum Building Height
    MinimumMaximumFrontInterior SideStreet SideRear
    TABLE NOTES:
    N/A - Not Applicable
    1. Any newly constructed principal buildings on vacant lots shall have a floor area of not less than 640 square feet, with a minimum width of any building elevation of 20 feet.
    NC.1

    Single-family detached

    		140'1 ac.N/A30'7'14'25'35'
    21,780 sf.
    NC.2Single-family detached - manufactured homes50'6,000 sf.12,000 sf.25'7'14'

    15’

    		35’
    NC.3Single-family detached50'5,000 sf.12,000 sf.25'7'14'15'35'
    Duplex50'3,000 sf.15,000 sf.
    NC.4Single-family50'5,000 sf.15,000 sf.25'7'14'10'35'
    Duplex3,000 sf.
    Multi-family49'1,500 sf.10'45'
    NC.5Single-family detached - manufactured homes40'3,600 sf.11,200 sf.25'7.515'10’25'
    Rear and Side Yard Projection Setback
    Decks, patios, balconies, covered or uncovered, awnings, canopies, sunshades, trellises, arbors or other similar architectural features attached or detached to the primary dwelling.5 ft. from the rear and side property line.
    Table 3.2.201
    Existing Neighborhood Lot and Building Standards
    SubdistrictPredominant Housing Type (dwelling units)Minimum Lot WidthLot Area1Minimum SetbackMaximum Building Height
    MinimumMaximumFrontInterior SideStreet SideRear
    TABLE NOTES:
    N/A - Not Applicable
    1. Any newly constructed principal buildings on vacant lots shall have a floor area of not less than 640 square feet, with a minimum width of any building elevation of 20 feet.
    NC.1

    Single-family detached

    		140'1 ac.N/A30'7'14'25'35'
    21,780 sf.
    NC.2Single-family detached - manufactured homes50'6,000 sf.12,000 sf.25'7'14'

    15’

    		35’
    NC.3Single-family detached50'5,000 sf.12,000 sf.25'7'14'15'35'
    Duplex50'3,000 sf.15,000 sf.
    NC.4Single-family50'5,000 sf.15,000 sf.25'7'14'10'35'
    Duplex3,000 sf.
    Multi-family49'1,500 sf.10'45'
    NC.5Single-family detached - manufactured homes40'3,600 sf.11,200 sf.25'7.515'10’25'
    Rear and Side Yard Projection Setback
    Decks, patios, balconies, covered or uncovered, awnings, canopies, sunshades, trellises, arbors or other similar architectural features attached or detached to the primary dwelling.5 ft. from the rear and side property line.

    (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 3.2.202 Alternative NC Development Standards
  • Generally. This Section applies only to modifications of existing buildings, where the proposed development or modification involves encroachment into a setback that is required by Table 3.2.201, Existing Neighborhood Lot and Building Standards. Any specific setback (e.g., front yard, interior side yard, street side yard, or rear yard) that complies with the table is not subject to further review under this Section.
  • Relationship to Variances. Compliance with the standards of this Section is equivalent to compliance with the standards of Section 3.2.201, General NC Development Standards, and approvals hereunder are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the standards of this Section.
  • Relationship to Easements and Rights-of-Way. The standards of this Section shall not be construed to authorize construction of buildings or portions of buildings in utility or drainage easements or public rights-of-way.
  • Alternative Front Setbacks. The following standards may be applied to front setbacks as an alternative to the front setback standards in Table 3.2.201, Existing Neighborhood Lot and Building 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 3.2.201, Existing Neighborhood 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 10 feet to the front property line;
      2. 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 the parcel proposed for development is not counted in the calculation.
    4. Garage Behind Principal Building. Front setbacks may be reduced by five feet from the standards set out in Table 3.2.201, Existing Neighborhood Lot and Building Standards, if:
      1. The garage is detached and located at least 25 feet behind the front building line of the principal building; or
      2. The garage is attached, but the garage door is set back at least 20 feet behind the front building line of the principal building.
    5. Front Yard, Side-Loaded Garage. Front setbacks may be reduced by 10 feet from the standard set out in Table 3.2.201, Existing Neighborhood Lot and Building Standards, if:
      1. There is one or more side-loaded garages on the street or in the immediate subdivision;
      2. The lot is at least 85 feet wide and takes vehicular access from the front;
      3. The reduced setback is applied only to a side-loaded garage;
      4. The construction of the side-loaded garage would not cause more than two buildings in a row to have a side-loaded garage that faces the same direction;
      5. The side-loaded garage is constructed of the same or similar materials and design to match or complement the existing principal building;
      6. At least two trees (small or evergreen) are planted between the side-loaded garage and the street; and
      7. The portion of the side-loaded garage that faces the street shall include at least one window that is of the same style and proportion as windows used on the front façade of the principal building.
    1. Alternative Interior Side Setbacks. The following standards may be applied to interior side setbacks as an alternative to the interior side setback standards in Table 3.2.201, Existing Neighborhood Lot and Building Standards:
      1. Generally. Interior side setbacks may be reduced on any lot if it is demonstrated that the proposed interior side setback is equal to not more than 10 percent less than the average actual setback of the other homes on the same side of the same street, measured for a distance of up to 500 feet or up to five lots in either direction, whichever is less.
      2. Abutting 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 15 feet wide along the entire length of the lot line.
    2. Alternative Street Side Setbacks. The following standard may be applied to street side setbacks as an alternative to the street side setback standards in Table 3.2.201, Existing Neighborhood Lot and Building Standards. The street side setback may be reduced on any lot if it is demonstrated that the proposed street side setback is equal to not more than 10 percent less than the average actual street side setback of the other homes in the immediate subdivision, and the street is classified as a local street and there are no plans for expansion of the paved width of the street.
    3. Alternative Rear Setbacks. The following standards may be applied to rear setbacks as an alternative to the rear setback standards set out in Table 3.2.201, Existing Neighborhood Lot and Building Standards.
      1. Abutting Permanent Open Space. Rear setbacks that abut lots or parcels that are designated as permanent open space or easement that is at least 50 feet wide along the distance of the lot proposed for development may be reduced to 10 feet.
      2. Subdivision Fencing Along Arterial or Collector Street. The rear setback may be reduced to 10 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 10.2.103, Fences and Walls, 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.

    Effective on: 8/31/2016