DENSITY AND DIMENSIONAL REGULATIONS
Subject to the provisions of sections 35-187 (Cluster subdivisions) and 35-188 (Architecturally integrated subdivisions), all lots in the following zones shall have at least the amount of square footage indicated in the following table:
1 Not to exceed eight dwelling units per building and/or ten dwelling units per acre.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 35-181, 9-15-86; Ord. No. 1379, 2-22-93; Ord. No. 1715, 2-22-99; Ord. No. 2006.07.01 , 7-24-06; Ord. No. 2021.06.02 , 6-9-21)
(a)
Subject to the provisions of sections 35-187 (Cluster subdivisions) and 35-188 (Architecturally integrated subdivisions), every lot used for single-family residential purposes shall have at least the number of square feet indicated as the minimum permissible in the zone where the use is located, according to section 35-181. Every lot developed as a single-family residence with accessory apartment shall have the number of square feet equal to 133 percent of the minimum required for single-family residences in that district.
(b)
Every lot developed for duplex purposes in an R-7, R-6 or B-3 zoning district shall have at least 11,000 square feet and in any other district where such uses are permissible shall have at least 6,000 square feet. Every lot developed as a two-family conversion shall have the number of square feet equal to 150 percent of the minimum required for single-family residences in that district.
(c)
Lots in the R-20 zoning district may be developed for manufactured home parks at a density determined by section 35-164.
(d)
With respect to lots where multifamily conversions are proposed, the lot must contain at least the number of square feet equal to 200 percent if the minimum required for single-family residency if a conversion into three dwelling units is proposed and 250 percent of the minimum required for single-family residency if a conversion into four dwelling units is proposed.
(e)
Any residential lot in any watershed protection overlay district shall comply with the minimum lot size and maximum impervious surface requirements of the watershed protection overlay district in which it is located.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 904, 9-15-86; Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)
(a)
No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:
(1)
Could be used for purposes that are permissible in that zoning district; and
(2)
Could satisfy any applicable setback requirements for that district.
(b)
Without limiting the generality of the foregoing standard, the following minimum lot widths are recommended and are deemed presumptively to satisfy the standard set forth in subsection (a). The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot:
(c)
No lot created after then effective date of this chapter that is less than the recommended width shall be entitled to a variance from any building setback requirement.
(d)
Every lot developed for duplex purposes in an R-7, R-6, R-3, or B-3 zoning district shall have a minimum lot width of at least 100 feet.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1379, 2-22-93; Ord. No. 2021.06.02 , 6-9-21)
(a)
Subject to section 35-188 (Architecturally integrated subdivisions) and other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in the table set forth below. The term "lot boundary line" refers to lot boundaries other than those that abut streets:
(b)
Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.
(c)
Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).
(d)
Whenever a private road that serves more than three lots or more than three dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three dwelling units is located along a lot boundary, then:
(1)
If the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the centerline of the private road just as if such road were a public street.
(2)
If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes (as set forth above in the column labeled "minimum distance from lot boundary line") shall be measured from the inside boundary of the travelled portion of the private road.
(e)
City council may approve a reduction in the setback distance to no less than ten feet of a manufactured home in a manufactured home park from a street right-of-way line only if the setback is not from an arterial street and a public street was constructed by the developer of the manufactured home park pursuant to the requirements of city council.
(f)
Notwithstanding any other provision of this section, a freestanding sign having a height greater than 50.1 feet may be located zero feet from the right-of-way line of an interstate highway only if all portions of the structure of the sign located below 50 feet are located no closer than ten feet from the right-of-way line of an interstate highway.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1236, 9-24-90; Ord. No. 1325, 2-10-92; Ord. No. 1379, 2-22-93; Ord. No. 2021.06.02 , 6-9-21)
(a)
All accessory buildings in residential districts (i.e., those established by section 35-135) must comply with the street right-of-way setbacks set forth in section 35-184 but (subject to the remaining provisions of this subsection) shall be required to observe only a four-foot setback from side and rear lot boundary lines unless the high point of the roof of any appurtenance of the accessory building exceeds 12 feet in height, in which event, the accessory building shall be set back from side and rear lot boundary lines an additional two feet for every foot of height exceeding 12 feet.
(b)
Accessory buildings in commercial and manufacturing districts (i.e., those established by sections 35-136 and 35-137) must comply with the lot boundary setbacks set forth in section 35-184 but shall be required to observe only the lesser of the street right-of-way setback established in section 35-184 or a street right-of-way setback of 20 feet. Notwithstanding the foregoing, a canopy, awning, or marquee may observe a street right-of-way setback of ten feet only if the supporting members observe the otherwise required setback.
(c)
Accessory buildings to a residential use shall not have a ground floor area which exceeds 50 percent of the ground floor area of the principal building unless a special use permit is obtained from the board of adjustment.
(d)
In residential districts, the maximum lot coverage of principal and accessory buildings shall not exceed 40 percent of the lot.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1178, 2-5-90; Ord. No. 1329, 3-23-92; Ord. No. 1455, 8-22-94; Ord. No. 2021.06.02 , 6-9-21)
(a)
For the purposes of this section:
(1)
The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.
(2)
A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than 75 percent are regarded as walls.
(b)
Subject to subsections (c) and (d) below, building height limitations in the various zoning districts shall be as follows:
(c)
Notwithstanding subsection (b), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multifamily residential building containing four or more dwelling units may not exceed 30 feet unless the fire chief certifies to the permit-issuing authority that such building is designed to provide adequate access for firefighting personnel or the building inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.
(d)
The following structures and buildings are exempt from the building height limitations of subsection (b) above: Chimneys, cupolas, widow's walks, spires, steeples, and other similar architectural projections; water towers and telecommunication facilities on government-owned real property. The height of privately owned telecommunication facilities may exceed the height limits of (b) above only if the requirements of section 35-168 are met.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1326, 2-10-92; Ord. No. 1379, 2-22-93; Ord. No. 1658, 4-27-98; Ord. No. 1761, 12-13-99; Ord. No. 2021.06.02 , 6-9-21)
(a)
In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required by section 35-181 if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimums set forth in the following table:
(b)
The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by section 35-181.
(c)
The amount of usable open space¹ that must be set aside shall be determined by:
(1)
Subtracting from the standard square footage requirement set forth in section 35-181 the amount of square footage of each lot that is smaller than that standard;
(2)
Adding together the results obtained in (1) for each lot.
(d)
The provisions of this section may only be used if the usable open space¹ set aside in a subdivision comprises at least 10,000 square feet of space.
(e)
The setback requirements of sections 35-184 and 35-185 shall apply in cluster subdivisions.
See definition "usable open space," article II.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)
(a)
In any architecturally integrated subdivision, the developer may create lots as specified in section 35-181 and construct buildings without regard to minimum lot width, or setback restrictions except that:
(1)
Lot boundary setback requirements shall apply where and to the extent that the subdivided tract abuts land that is not part of the subdivision; and
(2)
In no case shall the number of dwelling units exceed eight per building and the total number of dwelling units shall not exceed ten per acre; and
(3)
For each exterior wall of a zero lot line structure, a separate setback shall be required using the applicable setback restrictions.
(b)
The purpose of this section is to provide maximum flexibility, consistent with the public health and safety without increasing overall density, to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development.
(c)
The amount of land "saved" by creating lots that are smaller than the standards set forth in section 35-181 shall be set aside as usable open space¹ in the same manner and according to the same restrictions provided in section 35-187(c) and (d) for cluster subdivisions.
(d)
The council may approve (under subsection 35-65(b) a conversion to an architecturally integrated subdivision of any multifamily project approved before the effective date of this chapter, despite the fact that the density of such project exceeds that permissible under the chapter. However, no increase in density may be allowed in connection with such conversion.
(e)
Notwithstanding any of the other provisions of this chapter, if in an architecturally integrated residential subdivision: (i) all the land other than that in common ownership is divided into lots that are no larger than the building located on them plus an additional 600 square feet of open space, and (ii) each dwelling unit has a common wall with at least one other dwelling unit, then such architecturally integrated subdivision shall be regulated in articles X through XIX of this chapter as if such development were not subdivided. Without limiting the generality of the foregoing, this means that the density, parking, streets and sidewalks, recreation and open space, and screening requirements applicable to duplex or multifamily developments (whichever the architecturally integrated subdivision resembles) shall be applicable to such architecturally integrated subdivisions.
See definition for "usable open space"; article II.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1380, 2-22-93; Ord. No. 2006.07.01 , 7-24-06; Ord. No. 2021.06.02 , 6-9-21)
(a)
Subject to the other provisions of this section, if (i) any portion of a tract lies within an area designated on any officially adopted city plan as part of a proposed public park, greenway or bikeway, and (ii) before the tract is developed, the owner of the tract, with the concurrence of the city, dedicates to the city that portion of the tract so designated, then when the remainder of the tract is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated in accordance with the provisions of this section.
(b)
If the proposed use of the remainder is a single-family residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of sections 35-187 and 35-188 except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the city in accordance with subsection (a).
(c)
If the proposed use of the remainder is a multifamily project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.
(d)
If the portion of the tract that remains after dedication as provided in subsection (a) is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus" provided for in subsections (b) and (c).
(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)
DENSITY AND DIMENSIONAL REGULATIONS
Subject to the provisions of sections 35-187 (Cluster subdivisions) and 35-188 (Architecturally integrated subdivisions), all lots in the following zones shall have at least the amount of square footage indicated in the following table:
1 Not to exceed eight dwelling units per building and/or ten dwelling units per acre.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 35-181, 9-15-86; Ord. No. 1379, 2-22-93; Ord. No. 1715, 2-22-99; Ord. No. 2006.07.01 , 7-24-06; Ord. No. 2021.06.02 , 6-9-21)
(a)
Subject to the provisions of sections 35-187 (Cluster subdivisions) and 35-188 (Architecturally integrated subdivisions), every lot used for single-family residential purposes shall have at least the number of square feet indicated as the minimum permissible in the zone where the use is located, according to section 35-181. Every lot developed as a single-family residence with accessory apartment shall have the number of square feet equal to 133 percent of the minimum required for single-family residences in that district.
(b)
Every lot developed for duplex purposes in an R-7, R-6 or B-3 zoning district shall have at least 11,000 square feet and in any other district where such uses are permissible shall have at least 6,000 square feet. Every lot developed as a two-family conversion shall have the number of square feet equal to 150 percent of the minimum required for single-family residences in that district.
(c)
Lots in the R-20 zoning district may be developed for manufactured home parks at a density determined by section 35-164.
(d)
With respect to lots where multifamily conversions are proposed, the lot must contain at least the number of square feet equal to 200 percent if the minimum required for single-family residency if a conversion into three dwelling units is proposed and 250 percent of the minimum required for single-family residency if a conversion into four dwelling units is proposed.
(e)
Any residential lot in any watershed protection overlay district shall comply with the minimum lot size and maximum impervious surface requirements of the watershed protection overlay district in which it is located.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 904, 9-15-86; Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)
(a)
No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:
(1)
Could be used for purposes that are permissible in that zoning district; and
(2)
Could satisfy any applicable setback requirements for that district.
(b)
Without limiting the generality of the foregoing standard, the following minimum lot widths are recommended and are deemed presumptively to satisfy the standard set forth in subsection (a). The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot:
(c)
No lot created after then effective date of this chapter that is less than the recommended width shall be entitled to a variance from any building setback requirement.
(d)
Every lot developed for duplex purposes in an R-7, R-6, R-3, or B-3 zoning district shall have a minimum lot width of at least 100 feet.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1379, 2-22-93; Ord. No. 2021.06.02 , 6-9-21)
(a)
Subject to section 35-188 (Architecturally integrated subdivisions) and other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in the table set forth below. The term "lot boundary line" refers to lot boundaries other than those that abut streets:
(b)
Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.
(c)
Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).
(d)
Whenever a private road that serves more than three lots or more than three dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three dwelling units is located along a lot boundary, then:
(1)
If the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the centerline of the private road just as if such road were a public street.
(2)
If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes (as set forth above in the column labeled "minimum distance from lot boundary line") shall be measured from the inside boundary of the travelled portion of the private road.
(e)
City council may approve a reduction in the setback distance to no less than ten feet of a manufactured home in a manufactured home park from a street right-of-way line only if the setback is not from an arterial street and a public street was constructed by the developer of the manufactured home park pursuant to the requirements of city council.
(f)
Notwithstanding any other provision of this section, a freestanding sign having a height greater than 50.1 feet may be located zero feet from the right-of-way line of an interstate highway only if all portions of the structure of the sign located below 50 feet are located no closer than ten feet from the right-of-way line of an interstate highway.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1236, 9-24-90; Ord. No. 1325, 2-10-92; Ord. No. 1379, 2-22-93; Ord. No. 2021.06.02 , 6-9-21)
(a)
All accessory buildings in residential districts (i.e., those established by section 35-135) must comply with the street right-of-way setbacks set forth in section 35-184 but (subject to the remaining provisions of this subsection) shall be required to observe only a four-foot setback from side and rear lot boundary lines unless the high point of the roof of any appurtenance of the accessory building exceeds 12 feet in height, in which event, the accessory building shall be set back from side and rear lot boundary lines an additional two feet for every foot of height exceeding 12 feet.
(b)
Accessory buildings in commercial and manufacturing districts (i.e., those established by sections 35-136 and 35-137) must comply with the lot boundary setbacks set forth in section 35-184 but shall be required to observe only the lesser of the street right-of-way setback established in section 35-184 or a street right-of-way setback of 20 feet. Notwithstanding the foregoing, a canopy, awning, or marquee may observe a street right-of-way setback of ten feet only if the supporting members observe the otherwise required setback.
(c)
Accessory buildings to a residential use shall not have a ground floor area which exceeds 50 percent of the ground floor area of the principal building unless a special use permit is obtained from the board of adjustment.
(d)
In residential districts, the maximum lot coverage of principal and accessory buildings shall not exceed 40 percent of the lot.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1178, 2-5-90; Ord. No. 1329, 3-23-92; Ord. No. 1455, 8-22-94; Ord. No. 2021.06.02 , 6-9-21)
(a)
For the purposes of this section:
(1)
The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.
(2)
A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than 75 percent are regarded as walls.
(b)
Subject to subsections (c) and (d) below, building height limitations in the various zoning districts shall be as follows:
(c)
Notwithstanding subsection (b), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multifamily residential building containing four or more dwelling units may not exceed 30 feet unless the fire chief certifies to the permit-issuing authority that such building is designed to provide adequate access for firefighting personnel or the building inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.
(d)
The following structures and buildings are exempt from the building height limitations of subsection (b) above: Chimneys, cupolas, widow's walks, spires, steeples, and other similar architectural projections; water towers and telecommunication facilities on government-owned real property. The height of privately owned telecommunication facilities may exceed the height limits of (b) above only if the requirements of section 35-168 are met.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1326, 2-10-92; Ord. No. 1379, 2-22-93; Ord. No. 1658, 4-27-98; Ord. No. 1761, 12-13-99; Ord. No. 2021.06.02 , 6-9-21)
(a)
In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required by section 35-181 if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimums set forth in the following table:
(b)
The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by section 35-181.
(c)
The amount of usable open space¹ that must be set aside shall be determined by:
(1)
Subtracting from the standard square footage requirement set forth in section 35-181 the amount of square footage of each lot that is smaller than that standard;
(2)
Adding together the results obtained in (1) for each lot.
(d)
The provisions of this section may only be used if the usable open space¹ set aside in a subdivision comprises at least 10,000 square feet of space.
(e)
The setback requirements of sections 35-184 and 35-185 shall apply in cluster subdivisions.
See definition "usable open space," article II.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)
(a)
In any architecturally integrated subdivision, the developer may create lots as specified in section 35-181 and construct buildings without regard to minimum lot width, or setback restrictions except that:
(1)
Lot boundary setback requirements shall apply where and to the extent that the subdivided tract abuts land that is not part of the subdivision; and
(2)
In no case shall the number of dwelling units exceed eight per building and the total number of dwelling units shall not exceed ten per acre; and
(3)
For each exterior wall of a zero lot line structure, a separate setback shall be required using the applicable setback restrictions.
(b)
The purpose of this section is to provide maximum flexibility, consistent with the public health and safety without increasing overall density, to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development.
(c)
The amount of land "saved" by creating lots that are smaller than the standards set forth in section 35-181 shall be set aside as usable open space¹ in the same manner and according to the same restrictions provided in section 35-187(c) and (d) for cluster subdivisions.
(d)
The council may approve (under subsection 35-65(b) a conversion to an architecturally integrated subdivision of any multifamily project approved before the effective date of this chapter, despite the fact that the density of such project exceeds that permissible under the chapter. However, no increase in density may be allowed in connection with such conversion.
(e)
Notwithstanding any of the other provisions of this chapter, if in an architecturally integrated residential subdivision: (i) all the land other than that in common ownership is divided into lots that are no larger than the building located on them plus an additional 600 square feet of open space, and (ii) each dwelling unit has a common wall with at least one other dwelling unit, then such architecturally integrated subdivision shall be regulated in articles X through XIX of this chapter as if such development were not subdivided. Without limiting the generality of the foregoing, this means that the density, parking, streets and sidewalks, recreation and open space, and screening requirements applicable to duplex or multifamily developments (whichever the architecturally integrated subdivision resembles) shall be applicable to such architecturally integrated subdivisions.
See definition for "usable open space"; article II.
(Ord. No. 813, § 1, 6-3-85; Ord. No. 1380, 2-22-93; Ord. No. 2006.07.01 , 7-24-06; Ord. No. 2021.06.02 , 6-9-21)
(a)
Subject to the other provisions of this section, if (i) any portion of a tract lies within an area designated on any officially adopted city plan as part of a proposed public park, greenway or bikeway, and (ii) before the tract is developed, the owner of the tract, with the concurrence of the city, dedicates to the city that portion of the tract so designated, then when the remainder of the tract is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated in accordance with the provisions of this section.
(b)
If the proposed use of the remainder is a single-family residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of sections 35-187 and 35-188 except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the city in accordance with subsection (a).
(c)
If the proposed use of the remainder is a multifamily project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.
(d)
If the portion of the tract that remains after dedication as provided in subsection (a) is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus" provided for in subsections (b) and (c).
(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)