DEVELOPMENT STANDARDS GENERALIZED TABLE OF DEVELOPMENT STANDARDS
The following are generalized development standards categorized by standards and by zoning districts. These standards are minimum requirements, unless otherwise regulated in this section that all development shall comply with:
(Ord. No. 2010-10-218, § 2, 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020; Ord. No. 2022-007-448, § 2(Exh. A), 3-23-2022; Ord. No. 2023-011-467, § 2(Exh. A), 10-11-2023; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)
(a)
All setbacks from streets shall be measured from the rights-of-way lines according to the planned street sections shown on the official right-of-way plan, and the minimum required street widths in this chapter, regardless of whether such right-of-way has been dedicated.
(b)
The setback from all side and rear property lines shall be not less than ten percent of the average width of the lot, provided such setback is not less than five feet, but in no case shall such setback requirements exceed 7.5 feet, except where greater distance is required for a specified district by tables in this article, and for corner lots.
(Ord. No. 2010-10-218, § 2(11-10), 4-7-2010)
Applications for permit to erect, move or alter a structure which is to be located within ten feet of any property line, or which is to be located within 25 feet of any existing or proposed highway right-of-way, or where there is any doubt in the minds of the administrative official and the director of the public works department about the location of a property line, shall be accompanied by a certified survey of the premises prepared by a professional mapper and surveyor, licensed in the state, and markers showing the boundary corners, corresponding to the survey, shall be left undisturbed until a certificate of occupancy is issued.
(Ord. No. 2010-10-218, § 2(11-20), 4-7-2010)
(a)
In the case of a block that is zoned in two or more districts, the yard dimensions which are the greater for the districts in that block shall prevail.
(b)
Where special setback lines, other than those provided in this article, are established by the administrative official for any purpose, such as for odd shaped lots, for waterfront sites (including canals, bays, etc.) or other reasons specified herein, all buildings erected, moved or added to thereafter shall conform to said special setback lines established by any amendment hereto, regardless of the standards provided in this article or chapter.
(Ord. No. 2010-10-218, § 2(11-30), 4-7-2010)
Mechanical equipment and other equipment and structures, and architectural features, including antennas, steeples and towers shall not count towards maximum building height when measured from the top of the roof to the highest point where the height does not exceed 25 percent of the maximum permitted building height in the district, or not more than 25 feet where no maximum building height is applicable.
(Ord. No. 2010-10-218, § 2(11-40), 4-7-2010)
The front setback distance of the principal building in the R-1 and R-2 districts shall not exceed 50 feet, provided, however, such maximum front setback may be adjusted by the administrative official where peculiar conditions exist, and where compliance with this regulation would impose an unnecessary hardship on the property owner, and a greater front setback would not be detrimental to the adjacent property owner and would comply with the spirit and intent of the regulations; among other things, peculiar conditions which can be considered would be such as, buildings or structures in the area with greater front setbacks than regularly permitted, unusually deep lots, lakefront lots, use of property across the street in variance with usual permitted nonresidential uses in the district.
(Ord. No. 2010-10-218, § 2(11-50), 4-7-2010)
(a)
No permit shall be issued for a building or use on a lot in any district until that portion of the applicant's lot necessary to complete the half-section of the abutting rights-of-way has been dedicated to the public for road purposes, pursuant to the official right-of-way plan and the minimum required street width requirements of this chapter, and standard pavement improvements have been made, bonded for, or guaranteed by an improvement agreement signed prior to building permit issuance, except as otherwise provided in section 34-216. Any deviation from this section shall require a non-use variance pursuant to the provisions of section 34-47.
(b)
Where a site plan for a development containing frontage on a public or dedicated road and containing interior private streets or roads within the development has been submitted to and approved by the department, it shall be exempt from the provisions of this section.
(Ord. No. 2010-10-218, § 2(11-60), 4-7-2010)
(a)
The front setback of pump islands for vehicle fueling stations and sales shall be 15 feet.
(b)
Detached, freestanding canopies to cover pump islands at vehicle fueling stations and sales shall be permitted, provided:
(1)
That the nearest edge of the detached canopy has a front street setback of at least 17 feet.
(2)
That the nearest edge of the detached canopy has a side street setback of at least 12 feet.
(3)
No minimum setback or spacing needs to be provided between the inner edge of the canopy and the gasoline service station building.
(Ord. No. 2010-10-218, § 2(11-70), 4-7-2010)
(a)
Single-family dwellings in two-family, AU, multiple-family residential and PD zoning districts shall be subject to the development standards as set forth in the R-1 District.
(1)
Two-family dwellings in the multiple-family residential and PD zoning districts shall be subject to the development standards of the R-2 District.
(2)
Townhouses in the PD District shall be subject to the townhouse requirements of the multiple-family residential zoning districts., unless otherwise regulated.
(b)
Nonresidential development in more liberal zoning district. Where a nonresidential use is permitted in an R district, NC, PCD, or I District, the more restrictive district regulations shall be applied.
(Ord. No. 2010-10-218, § 2(11-80), 4-7-2010)
DEVELOPMENT STANDARDS GENERALIZED TABLE OF DEVELOPMENT STANDARDS
The following are generalized development standards categorized by standards and by zoning districts. These standards are minimum requirements, unless otherwise regulated in this section that all development shall comply with:
(Ord. No. 2010-10-218, § 2, 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020; Ord. No. 2022-007-448, § 2(Exh. A), 3-23-2022; Ord. No. 2023-011-467, § 2(Exh. A), 10-11-2023; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)
(a)
All setbacks from streets shall be measured from the rights-of-way lines according to the planned street sections shown on the official right-of-way plan, and the minimum required street widths in this chapter, regardless of whether such right-of-way has been dedicated.
(b)
The setback from all side and rear property lines shall be not less than ten percent of the average width of the lot, provided such setback is not less than five feet, but in no case shall such setback requirements exceed 7.5 feet, except where greater distance is required for a specified district by tables in this article, and for corner lots.
(Ord. No. 2010-10-218, § 2(11-10), 4-7-2010)
Applications for permit to erect, move or alter a structure which is to be located within ten feet of any property line, or which is to be located within 25 feet of any existing or proposed highway right-of-way, or where there is any doubt in the minds of the administrative official and the director of the public works department about the location of a property line, shall be accompanied by a certified survey of the premises prepared by a professional mapper and surveyor, licensed in the state, and markers showing the boundary corners, corresponding to the survey, shall be left undisturbed until a certificate of occupancy is issued.
(Ord. No. 2010-10-218, § 2(11-20), 4-7-2010)
(a)
In the case of a block that is zoned in two or more districts, the yard dimensions which are the greater for the districts in that block shall prevail.
(b)
Where special setback lines, other than those provided in this article, are established by the administrative official for any purpose, such as for odd shaped lots, for waterfront sites (including canals, bays, etc.) or other reasons specified herein, all buildings erected, moved or added to thereafter shall conform to said special setback lines established by any amendment hereto, regardless of the standards provided in this article or chapter.
(Ord. No. 2010-10-218, § 2(11-30), 4-7-2010)
Mechanical equipment and other equipment and structures, and architectural features, including antennas, steeples and towers shall not count towards maximum building height when measured from the top of the roof to the highest point where the height does not exceed 25 percent of the maximum permitted building height in the district, or not more than 25 feet where no maximum building height is applicable.
(Ord. No. 2010-10-218, § 2(11-40), 4-7-2010)
The front setback distance of the principal building in the R-1 and R-2 districts shall not exceed 50 feet, provided, however, such maximum front setback may be adjusted by the administrative official where peculiar conditions exist, and where compliance with this regulation would impose an unnecessary hardship on the property owner, and a greater front setback would not be detrimental to the adjacent property owner and would comply with the spirit and intent of the regulations; among other things, peculiar conditions which can be considered would be such as, buildings or structures in the area with greater front setbacks than regularly permitted, unusually deep lots, lakefront lots, use of property across the street in variance with usual permitted nonresidential uses in the district.
(Ord. No. 2010-10-218, § 2(11-50), 4-7-2010)
(a)
No permit shall be issued for a building or use on a lot in any district until that portion of the applicant's lot necessary to complete the half-section of the abutting rights-of-way has been dedicated to the public for road purposes, pursuant to the official right-of-way plan and the minimum required street width requirements of this chapter, and standard pavement improvements have been made, bonded for, or guaranteed by an improvement agreement signed prior to building permit issuance, except as otherwise provided in section 34-216. Any deviation from this section shall require a non-use variance pursuant to the provisions of section 34-47.
(b)
Where a site plan for a development containing frontage on a public or dedicated road and containing interior private streets or roads within the development has been submitted to and approved by the department, it shall be exempt from the provisions of this section.
(Ord. No. 2010-10-218, § 2(11-60), 4-7-2010)
(a)
The front setback of pump islands for vehicle fueling stations and sales shall be 15 feet.
(b)
Detached, freestanding canopies to cover pump islands at vehicle fueling stations and sales shall be permitted, provided:
(1)
That the nearest edge of the detached canopy has a front street setback of at least 17 feet.
(2)
That the nearest edge of the detached canopy has a side street setback of at least 12 feet.
(3)
No minimum setback or spacing needs to be provided between the inner edge of the canopy and the gasoline service station building.
(Ord. No. 2010-10-218, § 2(11-70), 4-7-2010)
(a)
Single-family dwellings in two-family, AU, multiple-family residential and PD zoning districts shall be subject to the development standards as set forth in the R-1 District.
(1)
Two-family dwellings in the multiple-family residential and PD zoning districts shall be subject to the development standards of the R-2 District.
(2)
Townhouses in the PD District shall be subject to the townhouse requirements of the multiple-family residential zoning districts., unless otherwise regulated.
(b)
Nonresidential development in more liberal zoning district. Where a nonresidential use is permitted in an R district, NC, PCD, or I District, the more restrictive district regulations shall be applied.
(Ord. No. 2010-10-218, § 2(11-80), 4-7-2010)