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Lake County Unincorporated
City Zoning Code

DENSITY AND

DIMENSIONAL STANDARDS

§ 151.125 DENSITY AND DIMENSIONAL STANDARDS TABLES.

   The following tables (151.125(1) through 151.125(5)) establish standards for development in all base zoning districts.
 
COMMENTARY:
The residential and non-residential density and dimensional standards of this section are not a “guarantee” of development intensities. Other factors such as public facility availability, infrastructure capacity, building layout, and parking configuration may have the effect of limiting development intensity more than the stated standards. The inability to attain allowed development intensities shall not serve as justification for adjusting other standards.
 
Table 151.125(1): Agricultural and Residential District Density and Dimensional Standards, Conventional Residential Development
Zoning District
Maximum Density (Units per Acre) (§ 151.131 (F))
Min. Lot Size
Minimum Setbacks[3][4] (Ft.) (§ 151.131(C))
Max. ISR (§ 151.131 (D))
Max. Height (Ft.) (§ 151.131 (E))
Area (Sq. Ft.) (§ 151.131 (A))
Width (Ft.) (§ 151.131 (B))
Street
Side (Min/ Total)
Rear
Table 151.125(1): Agricultural and Residential District Density and Dimensional Standards, Conventional Residential Development
Zoning District
Maximum Density (Units per Acre) (§ 151.131 (F))
Min. Lot Size
Minimum Setbacks[3][4] (Ft.) (§ 151.131(C))
Max. ISR (§ 151.131 (D))
Max. Height (Ft.) (§ 151.131 (E))
Area (Sq. Ft.) (§ 151.131 (A))
Width (Ft.) (§ 151.131 (B))
Street
Side (Min/ Total)
Rear
AG
0.20
200,000
300
30
30/60
50
0.10[2]
40[1]
RE
0.20
200,000
300
30
30/60
50
0.10[2]
40[1]
E
0.45
80,000
190
30
19/48
30
0.15[2]
40[1]
R1
0.80
40,000
130
30
13/33
30
0.20[2]
40
R2
1.33
20,000
90
30
9/23
15
0.30[2]
40
R3
2.00
12,000
60
30
7/17
15
0.30[2]
40
R4
2.50
8,500
60
30
6/15
15
0.40[2]
40
R-4A
5.00
15
0.50[2]
40
R5
8.00
15
0.50[2]
40
R6
12.00
15
0.50[2]
45
RR
12.00
8,500
50
30
6/15
15
0.50[2]
40
Notes: Setbacks from alleys shall be the same as otherwise applicable side or rear setbacks
[1] Single-family dwellings in the AG, RE, and E Zoning Districts may exceed the 40-foot building height limit by providing additional setbacks, as follows: for each 1 foot of additional height above 40 feet, structures shall be set back from all front, side, and rear property lines by two feet more than the otherwise required minimum setback. Structures in the AG, RE, or E Districts shall not exceed 50 feet in height.
[2] ISR shall be calculated by dividing the total area of all impervious surfaces on the site by the site’s base site area.
[3] A transition yard may also be required, which may increase the minimum setback shown in this table. See § 151.167(J).
[4] Any setback from a railroad right-of-way need not exceed 5 feet. A transition yard shall not be required in this instance.
 
Table 151.125(2): R-4A, R5, and R6 District Lot Size and Setback Standards (Conventional Residential Development)
Structure Type
Min. Lot Size
Minimum Setbacks[1][2] (Ft.) (§ 151.131(C))
Area (Sq. Ft.) (§ 151.131(A))
Width (Ft.) (§ 151.131(B))
Street
Side (Min/total)
Rear
Table 151.125(2): R-4A, R5, and R6 District Lot Size and Setback Standards (Conventional Residential Development)
Structure Type
Min. Lot Size
Minimum Setbacks[1][2] (Ft.) (§ 151.131(C))
Area (Sq. Ft.) (§ 151.131(A))
Width (Ft.) (§ 151.131(B))
Street
Side (Min/total)
Rear
Detached house
8,500
60
30
6/15
15
Duplex
12,500
85
30
10/23
15
Lot line
 
8,500
60
30
0/15
15
Multi-dwelling [3], multiplex, townhouse
First dwelling unit
8,500
60
30
6/15
15
Second dwelling unit
+5,000
+25
00
+4/08
0
each add’l unit
+3,000
+5
00
+1/02
0
Twinhouse
 
6,250
42.5
30
0/12
15
Note: Setbacks from alleys shall be the same as otherwise applicable side or rear setbacks
[1] A transition yard may also be required, which may increase the minimum setback shown in this table. See § 151.167(J).
[2] Any setback from a railroad right-of-way need not exceed 5 feet. A transition yard shall not be required in this instance.
[3] Not applicable in the R-4A District.
 
Table 151.125(3): Agricultural and Residential District Density and Dimensional Standards (Conservation Residential Development)
Zoning District
Maximum Density (Units per Acre) (§ 151.131(F))
Minimum Open Space Ratio (§ 151.131(G))
Cluster Bonus [1] (% over max. density)
Min. Open Space
50%
60%
70%
Table 151.125(3): Agricultural and Residential District Density and Dimensional Standards (Conservation Residential Development)
Zoning District
Maximum Density (Units per Acre) (§ 151.131(F))
Minimum Open Space Ratio (§ 151.131(G))
Cluster Bonus [1] (% over max. density)
Min. Open Space
50%
60%
70%
AG
0.20
0.40
5
10
15
RE
NA
N/A
NA
NA
NA
E
0.45
0.40
5
10
15
R1
0.80
0.30
5
10
15
R2
1.33
0.30
5
10
15
R3
2.00
0.30
5
10
15
R4
2.50
0.30
NA
NA
NA
R-4A
5.00
0.30
NA
NA
NA
R5
8.00
0.30
NA
NA
NA
R6
12.00
0.30
NA
NA
NA
RR
12.00
0.30
NA
NA
NA
[1] Cluster bonuses shall be given to developments in the AG, E, R-1, R-2, and R-3 Districts that set aside open space above the minimum requirements. A 5% density bonus (above the maximum number of units permitted by applicable density standards) is given to developments that provide at least 50% open space; a 10% density bonus is given to projects with a minimum of 60% open space; and 15% density bonus is given to projects with at least 70% open space.
 
   COMMENTARY:
Sample Density Calculations under Conservation Residential Development Option
Zoning District
Gross Land Area (Acres)
Floodplains, Wetlands, Water Bodies and ROW (Acres)
Net Site Area (Acres)
Maximum Density
Maximum Number of Dwelling Units By Open Space Amount
30% O.S.
40% O.S.
50% O.S.
60% O.S.
70% O.S.
Sample Density Calculations under Conservation Residential Development Option
Zoning District
Gross Land Area (Acres)
Floodplains, Wetlands, Water Bodies and ROW (Acres)
Net Site Area (Acres)
Maximum Density
Maximum Number of Dwelling Units By Open Space Amount
30% O.S.
40% O.S.
50% O.S.
60% O.S.
70% O.S.
AG
100
16
84
0.2
NA
16.8
17.64
18.48
19.32
AG
100
28.5
71.5
0.2
NA
14.3
15.02
15.73
16.45
E
100
16
84
0.45
NA
37.8
39.69
41.58
43.47
E
100
28.5
71.5
0.45
NA
32.18
33.78
35.39
37
R-1
100
16
84
0.8
67.2
67.2
70.56
73.92
77.28
R-1
100
28.5
71.5
0.8
57.2
57.2
60.06
62.92
65.78
R-2
100
16
84
1.33
111.7
111.7
117.3
122.9
128.5
R-2
100
28.5
71.5
1.33
95.1
95.1
99.85
104.6
109.4
R-3
100
16
84
2
168
168
176.4
184.8
193.2
R-3
100
28.5
71.5
2
143
143
150.2
157.3
164.5
 
Table 151.125(4): Residential District Density and Dimensional Standards
Non-Residential Development Allowed in Agricultural and Residential Districts
Zoning District
Floor Area Factor
Minimum Size
Setbacks[2][3] (Ft.) (§ 151.131(C)
ISR (Each Lot) (§ 151.131 (D))
Height (§ 151.131 (E))
Area (Sq. Ft.) (§ 151.131 (A))
Width (Ft.) (§ 151.131 (B))
Street
Side (Min/ Total)
Rear
Table 151.125(4): Residential District Density and Dimensional Standards
Non-Residential Development Allowed in Agricultural and Residential Districts
Zoning District
Floor Area Factor
Minimum Size
Setbacks[2][3] (Ft.) (§ 151.131(C)
ISR (Each Lot) (§ 151.131 (D))
Height (§ 151.131 (E))
Area (Sq. Ft.) (§ 151.131 (A))
Width (Ft.) (§ 151.131 (B))
Street
Side (Min/ Total)
Rear
AG
0.10
200,000
300
30
30/60
50
0.20
40[1]
RE
0.10
200,000
300
30
30/60
50
0.20
40[1]
E
0.15
80,000
190
30
19/48
19
0.30
40[1]
R1
0.20
80,000
190
30
19/48
19
0.35
40
R2
0.30
80,000
190
30
19/48
19
0.45
40
R3
0.30
80,000
190
30
19/48
19
0.50
40
R4
0.30
80,000
190
30
19/48
19
0.50
40
R-4A
0.30
80,000
190
30
19/48
19
0.50
40
R5
0.30
80,000
190
30
19/48
19
0.50
40
R6
0.30
80,000
190
30
19/48
19
0.50
45
RR
0.30
80,000
190
30
19/48
19
0.50
40
Setbacks from alleys shall be the same as otherwise applicable side or rear setbacks
[1] Structures in the AG, RE, and E Zoning Districts may exceed the 40-foot building height limit by providing additional setbacks, as follows: for each 1 foot of additional height above 40 feet, structures shall be set back from all front, side, and rear property lines by 2 feet more than the otherwise required minimum setback. Structures in the AG, RE, or E Districts shall not exceed 50 feet in height.
[2] A transition yard may also be required, which may increase the minimum setback shown in this table. See § 151.167(J).
[3] Any setback from a railroad right-of-way need not exceed 5 feet. A transition yard shall not be required in this instance.
 
Table 151.125(5): Non-Residential District Density and Dimensional Standards
Zoning District
Floor Area Factor
Minimum Size
Minimum Setbacks[4][5] (Ft.) (§ 151.131(C))
Max. ISR (Each Lot) (§ 151.131 (D))
Max Height (Ft.) (§ 151.131 (E))
Area (Sq. Ft.) (§ 151.131 (A))
Width (Ft.) (§ 151.131 (B))
Street
Side (Min/ Total)
Rear
Table 151.125(5): Non-Residential District Density and Dimensional Standards
Zoning District
Floor Area Factor
Minimum Size
Minimum Setbacks[4][5] (Ft.) (§ 151.131(C))
Max. ISR (Each Lot) (§ 151.131 (D))
Max Height (Ft.) (§ 151.131 (E))
Area (Sq. Ft.) (§ 151.131 (A))
Width (Ft.) (§ 151.131 (B))
Street
Side (Min/ Total)
Rear
GO
0.45
40,000
130
50
12
12
0.50
50 [1]
LC [3]
0.50
10,000
50
30
12 [2]
12
0.75
35
RC
0.20
20,000
100
50
10 [2]
10
0.75
35
GC
0.30
10,000
50
30
12 [2]
12
0.70 [6]
35
LI
0.45
40,000
130
50
20
20
0.60 [6]
50 [1]
II
0.45
40,000
130
50
20
20
0.60 [6]
50 [1]
OS
0.07
200,000
300
30
30
30
0.15
35
Setbacks from alleys shall be the same as otherwise applicable side or rear setbacks
[1] Structures in the GO, LI, and II Zoning Districts may exceed the 50-foot building height limit by providing additional setbacks, as follows: for each 1 foot of additional height above 50 feet, structures shall be set back from all front, side, and rear property lines by 2 feet more than the otherwise required minimum setback. Structures in the G0, LI, and II Districts shall not exceed 95 feet in height.
[2] Any one interior side setback may be waived if: (a) the development complies with all applicable fire codes; (b) adjacent to LC or less restrictive district; and (c) adequate access is provided to the rear of the property.
[3] The maximum gross floor area for any single use shall be 5,000 square feet. The maximum gross floor area for any single building shall be 10,000 square feet.
[4] A transition yard may also be required, which may increase the minimum setback shown in this table. See § 151.167(J).
[5] Any setback from a railroad right-of-way need not exceed 5 feet. A transition yard shall not be required in this instance.
[6] Consumer vehicle sales, truck sales, recreational vehicle sales, boat sales and other similar vehicle sales uses containing outdoor display, due to the need for increased parking, shall be permitted a maximum impervious surface ratio of 0.80.
 
(Ord., § 7.1, passed 10-13-2009; Ord. passed 8-14-2012; Ord. 19-1378, passed 9-10-2019)

§ 151.126 CONVENTIONAL RESIDENTIAL DEVELOPMENT.

   (A)   A conventional residential development consists of attached or detached dwelling units developed in accordance with the density and dimensional standards of § 151.125 (Table 151.125(1)).
   (B)   Conventional residential developments shall be permitted by right within subdivisions or on unsubdivided parcels.
   (C)   Conventional residential development shall be subject to the density and dimensional standards of § 151.125 and all other applicable standards of this chapter.
   (D)   No more than one principal structure shall be located on a single lot. However, this provision shall not preclude the development of a permitted nonresidential use (provided it meets all applicable standards of Table 151.125(4)) on a lot containing an existing principal residential structure.
(Ord., § 7.2, passed 10-13-2009)

§ 151.127 CONSERVATION RESIDENTIAL DEVELOPMENT.

   (A)   A conservation residential development consists of residential uses and structures established pursuant to the maximum density standard and minimum open space ratio established for those uses in § 151.125 (Table 151.125(3)).
   (B)   Conservation residential developments shall be allowed in all residential zoning districts, but cluster density bonuses (for providing open space in excess of minimum district standards) shall be allowed only in the AG, E, R-1, R-2, and R-3 Districts.
   (C)   The minimum required area for a conservation residential development shall be five acres.
   (D)   Conservation residential developments are subject to the maximum density and minimum open space standards of § 151.125, the conservation residential housing standards of § 151.130 and all other applicable standards of this chapter.
   (E)   When abutting a conventional development, a perimeter buffer of at least 30 feet in width shall be provided.
   (F)   All landscaping shall meet the landscaping standards of § 151.199.
(Ord., § 7.3, passed 10-13-2009)

§ 151.128 NONRESIDENTIAL DEVELOPMENT.

   A nonresidential development consists of nonresidential uses developed in accordance with the density and dimensional standards of § 151.125 (Table 151.125(4) or Table 151.125(5)). Nonresidential development shall be allowed within subdivisions or on unsubdivided parcels and shall be subject to the density and dimensional standards of § 151.125 and all other applicable standards of this chapter. Where a parcel contains an existing nonconforming residential structure, a new nonresidential use may be established, provided both uses, in the aggregate, comply with all density and dimensional standards, and other applicable regulations, of this chapter.
(Ord., § 7.4, passed 10-13-2009)

§ 151.129 AFFORDABLE HOUSING.

 
COMMENTARY:
The County Board supports affordable housing where infrastructure, including water, sewer, roads, and schools can support it.
 
(Ord., § 7.5, passed 10-13-2009)

§ 151.130 CONSERVATION RESIDENTIAL STRUCTURE TYPES.

   (A)   Detached house. A detached house is a single family detached dwelling unit located on its own lot with private yards on all sides of the house. The following standards apply to detached houses in a conservation residential development:
Table 151.130(A): Detached House Conservation Residential Development Standards
Table 151.130(A): Detached House Conservation Residential Development Standards
Minimum Lot Size per Dwelling Unit
   Area (sq. ft.)
6,500 square feet
   Width (ft.)
50 feet
Minimum Setbacks (Feet)
   Street
25
   Interior side
8
   Rear
25
Maximum height
35 feet*
*Structures in the AG, RE, and E Zoning Districts may exceed the 35-foot building height limit by providing additional setbacks, as follows: for each one foot of additional height above 35 feet, structures shall be set back from all property lines by two feet more than the otherwise required minimum setback. Structures in the AG, RE, or E Districts shall not exceed 45 feet in height.
Notwithstanding the method prescribed by this chapter for calculating building height, in no case shall the roof peak of any single family dwelling exceed 40 feet above the mean elevation at finished grade along the front of the structure.
 
   Detached House Site Plan (Typical)
   (B)   Lot-line (detached) house.
      (1)   A lot-line house is a single family detached dwelling unit located on its own lot and set on or within five feet of the interior side lot line.
      (2)   Windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed.
      (3)   Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. A maintenance easement shall be required when the eaves or side walls of lot line houses are within five feet of the adjacent property line. The width of the easements shall be adequate to provide at least five feet of unobstructed space between the furthermost projection of the structure and the edge of the easement.
      (4)   The following standards apply to lot-line houses in a conservation residential development:
Table 151.130(B): Lot-Line House Conservation Residential Development Standards
Table 151.130(B): Lot-Line House Conservation Residential Development Standards
Minimum Lot Size per Dwelling Unit
   Area (sq. ft.)
5,500 square feet
   Width (ft.)
45 feet
Minimum Setbacks (Feet)
   Street
20 [1]
   Interior side
15
   Rear
20
Maximum height
35 feet*
[1] 30 feet from all collector streets and freeways
 
   Lot Line House Site Plan (Typical)
   (C)   Village (detached) house.
      (1)   (a)   A village house is a single family detached dwelling unit located on an individual lot and characterized by very shallow front and side yards.
         (b)   The placement of dwelling units close to streets and side lot lines requires special landscaping or architectural treatment.
         (c)   The required landscaping is a defining element of a village house.
      (2)   Dimensional standards. The following standards apply to village houses in a conservation residential development:
Table 151.130(C): Village House Conservation Residential Development Standards
Table 151.130(C): Village House Conservation Residential Development Standards
Minimum Lot Size per Dwelling Unit
Area (sq. ft.)
4,500 square feet
Width (ft.)
45 feet
Minimum Setbacks (Feet)
   Street
15[1][2]
   Interior side
5
   Rear
20
Maximum height
35 feet
[1] 30 feet from all collector streets, arterial streets and freeways
[2] Front-entry garages shall be set back at least 20 feet from all streets.
 
   Village House Site Plan (Typical)
      (2)   Landscaping. In addition to the landscaping requirements of § 151.167, the required street setback area on each village house lot shall be landscaped with:
1 canopy tree, one understory tree, and ten shrubs;
OR
1 evergreen tree, two understory trees, and ten shrubs;
1 canopy tree, one understory tree, and ten shrubs;
OR
1 evergreen tree, two understory trees, and ten shrubs;
AND
A porch that is roofed but not enclosed and extends at least 75% of the width of the front of the house and is at least seven feet in depth, and two understory trees;
OR
Ornamental fence/wall, 24-36 inches in height extending at least 75% of lot width + two understory trees;
OR
A hedge (shrubs 18 inches on center) extending at least 75% of the lot width + two understory trees;
OR
A berm or raised area averaging 18 inches above the average grade of the rest of the yard and covering at least 40% of the yard, and ten shrubs.
 
   (D)   Twinhouse. A twinhouse is a type of structure consisting of two dwelling units that are attached to one another, with each unit having a completely separate entrance. Each unit within a twinhouse structure is located on its own individual lot, and the common wall between attached units creates the plane of the common property line between adjoining lots. The following standards apply to twinhouses in a conservation residential development:
Table 151.130(D): Twinhouse Conservation Residential Development Standards
Table 151.130(D): Twinhouse Conservation Residential Development Standards
Minimum Lot Size Per Dwelling Unit
   Area (sq. ft.)
3,200 square feet
   Width (ft.)
35 feet
Minimum Setbacks (Feet)
   Street
20 [1]
   Interior side (“non-attached” side)
10
   Rear
20
Maximum height
35 feet
[1] 30 feet from all collector streets, arterial streets, and freeways
 
   Twinhouse Site Plan (Typical)
   (E)   Duplex. A duplex is a type of structure consisting of two dwelling units that are attached to one another, with each unit having a completely separate entrance. Both dwelling units within a duplex structure are located on the same lot. The following standards apply to duplexes in a conservation residential development:
Table 151.130(E): Duplex Conservation Residential Development Standards
Table 151.130(E): Duplex Conservation Residential Development Standards
Minimum Lot Size
   Area (sq. ft.)
6,400 square feet
   Width (ft.)
70 feet
Minimum Setbacks (Feet)
   Street
20 [1]
   Interior side (“non-attached” side)
10
   Rear
20
Maximum height
35 feet
[1] 30 feet from all collector streets, arterial streets, and freeways
 
   Duplex Site Plan
   (F)   Patio house.
      (1)   A patio house is a single family dwelling unit located on its own lot. It may be attached or detached. The lot on which a patio house sits shall be fully enclosed by a solid masonry wall located at the lot line, broken only by driveways and pedestrian access points, thus creating a private yard area between the house and the wall. All the walls shall be at least six feet in height. When a patio house is located on a lot line, that portion of the house located on the lot line may be considered as part of the required patio wall. No more than eight patio houses shall be allowed within any single attached structure.
      (2)   The following table sets out the dimensional standards for patio houses within a conservation residential development:
Table 151.130(F): Patio House Conservation Residential Development Standards
Table 151.130(F): Patio House Conservation Residential Development Standards
Minimum Lot Size per Dwelling Unit
   Area (sq. ft.)
2,700 square feet
   Width (ft.)
38 feet
Minimum Patio Size
   Area (sq. ft.)
750 square feet
   Width (Ft.)
25 feet
Minimum setback (streets and lot lines)
25 feet [1]
Maximum height
25 feet
[1] 30 feet from all collector streets, arterial streets, and freeways
 
   Patio House Site
   (G)   Atrium house.
      (1)   An atrium house is a single family attached, one-story dwelling unit, located on its own lot, with private individual access. Each dwelling unit shall have a private yard or atrium. The entire atrium area of the house shall be enclosed by the house or a wall. Walls shall be at least seven feet in height along the rear and sides of the lot and at least six feet in height along the front. No more than eight atrium houses may be attached in any single structure.
      (2)   The following standards apply to atrium houses within a conservation residential development:
Table 151.130(G): Atrium House Conservation Residential Development Standards
Table 151.130(G): Atrium House Conservation Residential Development Standards
Minimum Lot Size per Dwelling Unit
   Area (sq. ft.)
2,400 square feet
   Width (ft.)
40 feet
Minimum Patio Size
   Area (sq. ft.)
500 square feet
   Width (ft.)
20 feet
Minimum street setback
10 feet [1]
Maximum height
25 feet
[1] 30 feet from all collector streets, arterial streets, and freeways
 
Atrium House Site Plan
   (H)   Townhouse.
      (1)   A townhouse is a single family dwelling unit, attached from ground to roof, with each unit having an individual outside access.
      (2)   Each unit within a townhouse development is located on an individual lot, and the common wall between attached units creates the plane of the common property line between adjoining lots.
      (3)   Rows of attached townhouses shall contain no less than three and no more than eight dwelling units.
      (4)   The following table sets out the dimensional standards for townhouses within a conservation residential development.
Table 151.130(H): Townhouse Conservation Residential Development Standards
Table 151.130(H): Townhouse Conservation Residential Development Standards
Minimum Lot Size per Dwelling Unit
   Area (sq. ft.)
1,800 square feet
   Width (ft.)
20 feet
Minimum Setbacks (Feet)
   Street
20 [1]
   Rear
15
Minimum exterior side setback
10 feet
Maximum height
35 feet
[1] 30 feet from all collector streets, arterial streets, and freeways
 
   Townhouse Site Plan
   (I)   Multiplex.
      (1)   A multiplex is a structure containing at least three and no more than eight attached dwelling units.
      (2)   Each unit may take direct access to a private yard or access point, or units may share yards and access.
      (3)   The units may be arranged in a variety of configurations, including back-to-back, side-to-side, or vertically.
      (4)   Each multiplex structure shall be located on an individual lot, which shall be owned and maintained by the building or unit owners.
      (5)   The following standards apply to multiplexes in a conservation residential development:
Table 151.130(I): Multiplex Conservation Residential Development Standards
Table 151.130(I): Multiplex Conservation Residential Development Standards
Minimum Lot Size per Dwelling Unit
   Area (sq. ft.)
1,700 square feet
   Width (ft.)
70 feet (per structure)
Minimum Setbacks (Feet) (Per Structure)
   Street
20 [1]
   Interior side
5
   Rear
15
Maximum height
35 feet
[1] 30 feet from all collector streets, arterial streets, and freeways
 
   Multiplex Site Plan (Typical)
   (J)   Multi-dwelling structures.
      (1)   A multi-dwelling structure is a structure containing more than eight and no more than 48 individual dwelling units that share common access and yards.
      (2)   Each multi-dwelling structure shall be located on an individual lot that is owned and maintained by the building or unit owners.
      (3)   The following standards apply to multi-dwelling structures within a conservation residential development:
Table 151.130(J): Multi-Dwelling Conservation Residential Development Standards
Table 151.130(J): Multi-Dwelling Conservation Residential Development Standards
Minimum Lot Size per Dwelling Unit
   Area (sq. ft.)
1,400 square feet
   Width (ft.)
100 feet (per structure)
Minimum Setbacks (Feet) (per structure)
   Street
25 [1]
   Interior side
25
   Rear
25
Maximum height
35 feet
[1] 30 feet from all collector streets, arterial streets, and freeways
 
   Multi-Dwelling Site Plan (Typical)
(Ord., § 7.6, passed 10-13-2009)

§ 151.131 MEASUREMENTS AND EXCEPTIONS.

   (A)   Lot size. Lot size refers to the amount of horizontal land area contained within lot lines of a lot, excluding streets, easements for street purposes, and street rights-of-way.
   (B)   Lot width. Lot width refers to the horizontal distance between side lot lines. Lot width shall be measured between side lot lines at the minimum required front setback line (see Figure 151.131(B)). When a lot has more than one street lot line, lot width shall be measured along the street lot line with the narrower width. In R-1 and more restrictive zoning districts, the minimum average width of lots at the terminus of a cul-de-sac and on curvilinear streets shall comply with the minimum width requirements of the underlying zoning district, provided that the width measured at the building setback line shall be at least 50% of the specified lot width but not less than 45 feet.
Figure 151.131(B): Measuring Lot Width
      (1)   Panhandle lot exception. Panhandle lots may be allowed in subdivisions established pursuant to the standards of this chapter.
         (a)   Permitted use of panhandle lots.
            1.   A panhandle lot exception may be used to facilitate creation of a two-lot subdivision out of a parcel that has sufficient area but insufficient width to be subdivided.
            2.   A panhandle lot may be used to eliminate access to collector or arterial roads (see Figure 151.131(B)(1)(a)2.).
Figure 151.131(B)(1)(a)2.: Panhandle Lot Used to Avoid Access to Collector or Arterial Road
            3.   A panhandle lot may be used when the buildable area of a parcel is restricted due to the presence of a natural resource or irregular property shape (see Figure 151.131(B)(1)(a)3.).
Figure 151.131(B)(1)(a)3.: Panhandle Lot Used Due to Presence of Natural Resource
         (b)   Prohibited use of panhandle lots.
            1.   Panhandle lots shall not be used to avoid the development of publicly dedicated streets otherwise required by this chapter when the effect of their use would be to increase the number of access points (driveways) on a publicly dedicated road right-of-way (see Figure 151.131(B)(1)(b)1.).
Figure 151.131(B)(1)(b)1.: Panhandle Lots May Not Be Used to Avoid Public Street Creation
    If Their Effect Would Be to Place Additional Driveways on Public Roads
            2.   A panhandle lot shall not be used when an adjoining parcel of land also has sufficient area but insufficient width to otherwise be subdivided. In these cases, in lieu of platting a panhandle lot, a half-width road right-of-way shall be platted along the common property line to facilitate the platting of a full-width road right-of-way if and when the adjoining property is subdivided (see Figure 151.131(B)(1)(b)2.).
Figure 151.131(B)(1)(b)2.: Half-width Right-of-way in Lieu of Panhandle Lot
         (c)   Standards for panhandle lots.
            1.   The panhandle of a panhandle lot shall take direct access to a publicly dedicated street right-of-way.
            2.   The panhandle of a panhandle lot shall not be less than 15 feet in width at its narrowest point.
            3.   The minimum street setback on a panhandle lot shall be established at a distance equal to the required street setback from the property line that is most parallel to the street lot line (road right-of-way line). The lot width at this minimum required setback shall not be less than as otherwise required by this chapter.
            4.   The area within the panhandle of a panhandle lot shall not be counted as lot area for the purpose of meeting the minimum lot area requirements of this chapter.
            5.   If required by the highway authority having jurisdiction over the road on which the panhandle lot will take access, the panhandle of the lot, or portion thereof, shall contain an access easement to allow the adjoining lot to share access to the road. In no case shall the panhandle of a panhandle lot serve as any access easement for more than two dwelling units.
      (2)   Parking court exception. Parking courts shall be allowed in subdivisions established pursuant to the standards of this chapter. Parking courts are easements that serve as parking areas and access driveways for conservation residential structure types. Through the use of parking courts, structures obtain their required lot width from a parking court rather than a publicly dedicated street right-of-way. Parking courts shall be owned and maintained by the adjoining unit or property owners’ association and are distinct in form and function from publicly dedicated road rights-of-way. Parking courts shall comply with the following standards (see Figure 151.131(B)(2)).
Figure 151.131(B)(2): Parking Court
         (a)   No fewer than three and no more than 16 dwelling units may obtain their required lot width from a single parking court.
         (b)   Dwelling units and structures gaining access from parking courts shall provide the same lot width along a parking court and the same street yards from the parking court as otherwise required along and from a publicly dedicated road right-of-way by this chapter.
         (c)   Parking courts may be used to satisfy part or all of the off-street parking requirements of § 151.165. Regardless of the number of off-street parking spaces required by § 151.165(B), at least one off-street parking space per dwelling unit shall be provided in the parking court.
         (d)   Parking courts shall be located outside of public right-of-way.
         (e)   The design of parking courts shall conform to the following engineering and geometric standards.
            1.   Access to a parking court from the adjoining publicly dedicated road right-of-way shall be limited to one entry drive unless otherwise approved by the appropriate highway authority. The entry drive shall be a minimum of 18 feet in width. One-way drives may be reduced to 14 feet in width.
            2.   A depressed curb section shall be provided at the intersection of the entry drive pavement and the publicly dedicated road right-of-way pavement.
            3.   The minimum size of a parking space within the court shall be nine feet by 18 feet.
            4.   The required landscaping adjacent to the publicly dedicated road right-of-way shall be broken only by the entry drive. No parking shall be permitted within the required landscaping.
            5.   Parking courts shall contain no more than 75% impervious coverage.
            6.   Parking courts shall be paved in conformance with the following standards:
 
1.5-inch bituminous surface course
Class I
1.5-inch bituminous binder course
Class I
8-inch aggregate base course
Class A or B
 
            7.   Adequate pavement drainage and snow storage areas shall be provide within parking courts.
         (f)   Street landscaping shall not be required between a parking court and the adjoining dwelling units or structures. However, parking courts shall be landscaped with two canopy trees, three understory trees and nine shrubs for every three dwelling units taking access from the parking court. Care shall be taken in the selection and siting of landscape plant materials so as not to create any site distance or other traffic and pedestrian hazards.
   (C)   Setbacks.
      (1)   Defined. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks shall be unobstructed from the ground to the sky except as expressly stated.
Figure 151.131(C): Irregular and Pie-Shaped Lots (See Also Definition of Lot Line, Rear)
      (2)   Measurement from ultimate right-of-way. Street setbacks applicable to subdivisions and site plans shall be measured from the ultimate right-of-way line as specified in § 151.169(A).
      (3)   Features allowed within setbacks. The following features may be located within required setbacks to the extent indicated.
         (a)   Fences, walls, and other landscape features shall be allowed within required setbacks, subject to the limitations of § 151.113(L).
         (b)   Architectural entrance features and subdivision entrance features shall be allowed within required setbacks, provided the size and location will not constitute a traffic hazard.
         (c)   Cantilevered bay windows and cantilevered building overhangs may encroach into required front or rear setbacks, provided they do not encroach more than two feet into a required front or rear setback and are located at least four feet from all lot lines.
         (d)   Chimneys may encroach into required setbacks, provided they do not encroach more than two feet into a required setback and are located at least four feet from all lot lines.
         (e)   Clothesline posts shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (f)   Driveways, curbs, and sidewalks shall be allowed within required setbacks.
         (g)   Flagpoles with ropes or chains on interior of pole shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (h)   Garbage disposal and recycled material equipment (non-permanent) shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (i)   Guardhouses or gatehouses shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (j)   Heating units, cooling units generators, and mechanical and electrical storage systems associated with solar energy systems may encroach into required setbacks, provided they do not encroach more than three feet into a required setback and are located at least four feet from all lot lines.
         (k)    Mailboxes shall be allowed within required setbacks, provided they are located at least four feet from all side lot lines.
         (l)   Overhanging roof, eave, cornice, awnings, or other architectural features may encroach into required setbacks, provided they do not encroach more than three feet into a required setback and are located at least four feet from all lot lines.
         (m)   Individual sewage disposal systems, wells, and underground utilities shall be allowed within required setbacks.
         (n)   Steps, stairs, stoops, and landings (non-enclosed with no walls or screens, with or without a roof) to a dwelling may encroach into required setbacks, provided they do not encroach more than four feet into a required setback and are located at least four feet from all lot lines.
         (o)   In conventional developments, open terraces (second story or above), decks, porches (non-enclosed with no walls or screens) swimming pool aprons, pergolas, and at-grade patios or paved areas that function as decks may encroach into required setbacks, provided they do not encroach more than four feet into a required setback and are located at least four feet from all lot lines.
         (p)   In conservation developments, terraces (above first floor, open), decks, swimming pool aprons, pergolas, porches (non-enclosed, with no walls or screens) and at-grade patios or paved areas that function as decks, when proposed in conjunction with the single family detached house structure type, may encroach into the required rear yard setback provided they do not encroach more than ten feet into the required setback, the structure’s area within the required setback does not exceed 200 square feet, and the lot abuts permanent open space to the rear (no other exceptions shall be allowed for terraces, decks, swimming pool aprons, pergolas, porches, and at-grade patios in conservation developments).
         (q)   Wheelchair ramps or wheelchair platforms not to exceed four feet in width of clearance (non-enclosed with no walls or screens, with or without roof) to a dwelling may encroach into all required setbacks, provided they are located at least four feet from side and rear lot lines.
         (r)   Wharfs, docks, piers, walkways not to exceed four feet in width, or private boathouses (exempt only from water’s edge setbacks) shall be allowed within required setbacks.
         (s)   Yard and service lighting poles and fixtures shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (t)   Window wells may encroach no more than three feet into required setbacks, provided they are located at least four feet from all lot lines. The Planning, Building and Development Director may approve window wells that are covered with load-bearing materials at grade at less than four foot setback. Window wells within regulatory floodplains shall be regulated by the provisions of §§ 151.145 through 151.154.
         (u)   Outdoor seating associated with a restaurant use, shall be allowed within the required street setback, provided the space is at grade and is separated from the right-of-way by landscaping or man-made barrier, subject to the intersection visibility requirements of § 151.172.
   (D)   Impervious surface. Impervious surface is any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks and paved recreation areas. The impervious surface ratio is calculated by dividing the total area of all impervious surfaces on the site by the site’s Net Site Area. If approved by the Planning, Building and Development Director, all or a portion of the area covered by pervious paving material may be excluded from impervious area calculations (see Figure 151.131(D)).
 
COMMENTARY:
Swimming pools accessory to a principal residential use, hot tubs, and other similar man-made water-retaining structures containing freeboard, shall not be included in calculating total impervious surface on residential parcels.
 
Figure 151.131(D): Impervious Surfaces
   (E)   Height.  
      (1)   Building height. Building height refers to the vertical distance between the mean elevation at finished grade along the portion of a structure to the highest point of the roof.
      (2)   General exceptions to height limits. The following structures or parts thereof are exempt from zoning district height limits:
         (a)   Agricultural buildings, but not dwellings;
         (b)   Bulk storage silos and towers;
         (c)   Chimneys and cupolas on residential dwelling units, not to exceed six feet above the height of the building, or the minimum height required to meet applicable building, fire, or environmental regulations;
         (d)   Roof-mounted solar energy systems are exempt from zoning district height limits. However, roof-mounted solar energy systems shall not exceed six feet above the height of the building, or the minimum height required to meet applicable building or fire regulations.
         (e)   Elevator penthouses and mechanical equipment, provided the structures do not occupy more than 33% of the area of the roof;
         (f)   Gravity feed apparatus;
         (g)   Flagpoles, radio/television antennae and towers, not to exceed 15 feet above the maximum height allowed in the underlying zoning district without approval of a variation (see § 151.056);
         (h)   Steeples, not to exceed 25 feet above the maximum height allowed in the underlying zoning district without approval of a variation (see § 151.056);
         (i)   Towers, fire, mechanical and smokestacks, not to exceed 16 feet above the maximum height allowed in the underlying zoning district without approval of a variation (see § 151.056);
         (j)   Water tanks and standpipes; and
         (k)   Emergency warning devices, not to exceed 60 feet in height.
   (F)   Maximum density. Maximum density refers to the maximum number of dwelling units allowed per acre of site area, after subtracting land area in regulatory floodplains, wetlands, water bodies, and public rights-of-way from the base site area. To calculate the number of dwelling units allowed on a parcel, first subtract from the base site area the total area of all regulatory flood-plains, wetlands, water bodies, and public rights-of-way, then multiply the resulting figure by the maximum density standard of the zoning district. When density calculations result in fractions, fractions of one-half or greater shall be rounded to the next highest whole number; fractions of less than one-half shall be rounded down (see Figure 151.131(F)).
Figure 151.131(F): Density Calculations (e.g., R-1)
Gross site area:
20.00 acres
Subtract ROW:
0.10 acres
Base site area:
19.90 acres
Subtract
Wetland:
00.75 acres
Floodplain
1.00 acres
Net site area:
18.15 acres x R1 density
18.15 x 0.80 = 14.52 (15) dwelling units
 
   (G)   Open space ratio. The minimum open space ratio is one measure of the amount of open space required in a conservation development.
   (H)   Floor area factor. Floor area refers to the sum total floor area of a building, measured from the exterior limits or faces of the structure. Parking structures providing spaces to meet minimum off-street parking standards of § 151.165 shall not be counted as floor area. The maximum floor area factor refers to the amount of floor area allowed per acre of Net Site Area, as calculated under § 151.070(D). The maximum floor area factor is one of the key determinants of a site’s nonresidential development capacity.
   (I)   Number of dwelling units. The Planning, Building and Development Director shall be authorized to allow exceptions to the minimum and maximum number of dwelling units per building for townhouse, multiplex, and multi-dwelling structures, provided that the average number of dwelling units per building within a development is neither fewer than the minimum nor more than the maximum number of dwelling units permitted for the structure type.
   (J)   Walls. The Planning, Building and Development Director shall be authorized to reduce side and rear wall requirements for patio and atrium houses if the Planning, Building and Development Director determines that the walls are only providing a separation from common open space.
(Ord., § 7.7, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - - ; Ord. 19-1378, passed 9-10-2019)

§ 151.132 PLANNED UNIT DEVELOPMENTS (PUDS).

   (A)   Description. The planned unit development (PUD) regulations of this section are intended to encourage innovative land planning and site design that achieve a high level of environmental protection, energy efficiency, aesthetics, high-quality development, and other county goals by:
      (1)   Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for development on individual lots;
      (2)   Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities; and
      (3)   Promoting quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land use arrangements.
   (B)   Intent. By allowing more flexibility than base zoning districts, a PUD is intended to result in:
      (1)   Greater choice in the type of environment and living units available to the public;
      (2)   More open space through conservation development practices;
      (3)   Open space resources that are connected to one another and to residential and nonresidential areas;
      (4)   A creative approach to the use of land and related physical development;
      (5)   An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs; and
      (6)   Promotion of mixed use development.
   (C)   Zoning districts. A PUD may be approved in any base zoning district, except the AG, RE, and OS Districts.
   (D)   Minimum site area. There is no minimum site area requirement for a PUD. The proposed PUD shall be consistent with the surrounding existing development in the area.
   (E)   Compliance with other regulations. Unless expressly authorized by the regulations of this chapter and specifically approved as part of a PUD, none of the otherwise applicable standards of this chapter may be waived or reduced as part of a PUD approval.
   (F)   Approval procedures. PUDs shall be reviewed and approved in accordance with the procedures of § 151.051. If the proposed PUD involves subdivision of land, the preliminary plat, preliminary engineering, final plat, and final engineering shall be subject to the procedures, standards and requirements of §§ 151.185 through 151.204 unless specifically modified or waived by the conditional use permit.
   (G)   Allowed uses.
      (1)   Residential zoning districts.
         (a)   PUD approval. Residential uses and only those nonresidential uses allowed in the GO and LC Zoning Districts (by right or by conditional use permit) shall be allowed in PUDs located in residential zoning districts. Nonresidential uses allowed in the GO and LC Zoning Districts by conditional use permit must be specifically approved within the PUD by the County Board.
         (b)   Change of use. Upon PUD approval, any change of use to a use allowed by right in the underlying zoning district or the GO and LC Zoning Districts shall be allowed provided all applicable use and development standards are met. Any change of use to a use allowed by conditional use permit in the GO and LC Zoning Districts shall require a conditional use permit.
      (2)   Nonresidential zoning districts.
         (a)   PUD approval. Any use or mix of uses may be allowed within a PUD in a nonresidential zoning district provided that those uses not allowed by right in the underlying zoning district shall be specifically approved within the PUD by the County Board.
         (b)   Change of use. Upon PUD approval, any change of use to a use allowed by right in the underlying zoning district shall be allowed provided all applicable use and development standards are met. Any change of use to a use not allowed by right in the underlying zoning district shall require a conditional use permit.
   (H)   Standards. Development within PUDs shall not be subject to the dimensional and bulk standards (i.e., lot size, lot width, setback, height standards, and building area) of the underlying zoning district. Dimensional and bulk standards shall be established at the time of PUD approval. Similarly, landscaping, lighting, parking, architectural and open space standards may also be established, at the time of PUD approval.
   (I)   Density and intensity.
      (1)   Residential PUDs (residential uses only). The maximum density (number of dwelling units) within a residential PUD in a residential zoning district may exceed the conventional development density allowed in the underlying zoning district by up to 15% if approved by the County Board as part of the PUD preliminary plan approval. The maximum density (number of dwelling units) within a residential PUD located in a nonresidential zoning district may exceed the conventional development density allowed in the R-6 Zoning District by up to 15% if approved by the County Board as part of the PUD preliminary plan approval. PUDs shall be subject to the natural resource protection standards of §§ 151.070 through 151.072. No other density bonus may be used in combination with the PUD.
      (2)   Nonresidential PUDs (nonresidential uses only).
         (a)   The maximum intensity (amount of floor area and/or amount of impervious surface) within a nonresidential PUD may exceed that allowed in the underlying nonresidential zoning district by up to 15% if approved by the County Board as part of the PUD preliminary plan approval.
         (b)   The maximum intensity (amount of floor area and/or amount of impervious surface) within a nonresidential PUD in a residential zoning district may exceed the intensity standards of the LC Zoning District by up to 15% if approved by the County Board as part of the PUD preliminary plan approval.
         (c)   PUDs shall be subject to the natural resource protection standards of §§ 151.070 through 151.072.
      (3)   Mixed use PUDs (residential and nonresidential uses).
         (a)   Residential density and nonresidential intensity (impervious surface ratio, floor area ratio) within mixed use PUDs shall be established at the time of PUD approval, provided that nonresidential uses shall occupy at least 30% of the total floor area within the PUD (residential and nonresidential uses included). Conditions shall be imposed by the County Board relating to the phasing of the residential and nonresidential components of a mixed use PUD.
         (b)   PUDs shall be subject to the natural resource protection standards of §§ 151.070 through 151.072.
 
COMMENTARY:
The County Board may condition any density bonuses for a PUD on the site and buildings thereupon meeting various environmentally sustainable goals, including sustainable site development, pedestrian-orientation and reduced vehicle trips, water savings, energy efficiency, sustainable construction materials selection, and indoor air quality consistent with the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) building and site certification program.
 
   (J)   Identification on zoning maps. Approved planned unit developments shall be indicated on the Official Zoning Map.
   (K)   Road standards and specifications. All roads shall be constructed in accordance with the requirements of §§ 151.185 through 151.204.
   (L)   Public roads. All roads shall be public roads. No private roads shall be permitted.
(Ord., § 7.8, passed 10-13-2009)