The requirements and conditions set forth in this article shall apply to the subdivision of land and the construction of buildings and structures. No subdivision, building, or structure shall be approved by the city except in compliance with this article.

(Ord. No. 2195, § 1, 5-24-2021)

To ensure the full development of public transportation thoroughfares, buildings shall be set back from the centerline of all streets adjoining the lot in which the building is located as based on the classification of that street as indicated in the city council's adopted transportation plan as set forth in the table provided below.

(Ord. No. 2195, § 1, 5-24-2021)

(a)

The following minimum dimensional standards shall apply in each respective zoning district:

(1)

Lots zoned as AG district (agricultural) shall comply with the following dimensional requirements:

a.

The minimum lot area shall be no less than 20,000 square feet.

b.

The minimum lot width shall be no less than 100 feet.

c.

No building shall be constructed or placed which exceeds 35 feet in height.

d.

Buildings constructed or placed shall have a front yard setback of at least 25 feet.

e.

Buildings constructed or placed shall have a rear yard setback of at least 25 feet.

f.

Buildings constructed or placed shall have a side yard setback of at least seven feet as measured from the nearest point on the foundation wall to the property line.

g.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 12 feet from the property line adjacent to the street.

h.

The maximum allowed number of dwelling units shall not exceed 2.18 dwelling units per acre.

(2)

Lots zoned as R-1 district (single-family residential) shall comply with the following dimensional requirements:

a.

The minimum lot area shall be no less than 6,600 square feet.

b.

The minimum lot width shall be no less than 60 feet.

c.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 25 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 20 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least seven feet as measured from the nearest point on the foundation wall to the property line.

d.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 12 feet from the property line adjacent to the street.

e.

The maximum allowed number of dwelling units shall not exceed 6.60 dwelling units per acre.

(3)

Lots zoned as R-4 district (two-family) shall comply with the following dimensional requirements:

a.

The minimum lot area shall be no less than 8,000 square feet for two-family residential dwellings ("duplexes") and no less than 4,000 square feet for attached single-family residential dwellings ("townhomes" or "zero lot line").

b.

The minimum lot width shall be no less than 60 feet.

c.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 20 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 15 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least seven feet as measured from the nearest point on the foundation wall to the property line.

d.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 12 feet from the property line adjacent to the street.

e.

The maximum allowed number of dwelling units shall not exceed 5.45 dwelling units per acre.

(4)

Lots zoned as R-5 district (medium density multifamily) shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 20 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 12 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least 12 feet as measured from the nearest point on the foundation wall to the property line.

b.

The maximum allowed number of dwelling units shall not exceed 8.71 dwelling units per acre.

(5)

Lots zoned as R-3 district (multifamily) shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 20 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 12 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least 12 feet as measured from the nearest point on the foundation wall to the property line.

b.

The maximum allowed number of dwelling units shall not exceed 14.52 dwelling units per acre.

c.

In the case where a building is constructed or placed on a lot and the building exceeds 35 feet in height and is located on a lot that is adjacent to a lot or lots which are zoned single-family (R-1) or single-family attached housing (R-4) or which are utilized as a single family residence then the minimum setback shall be 1.5 times the height of the building from the shared property line of any adjacent lot which is zoned R-1, R-4, or utilized as a single family residence.

(6)

Lots zoned as R-MHS district (residential modular home) shall comply with the following dimensional requirements:

a.

The minimum lot area shall be no less than 6,000 square feet.

b.

The minimum lot width shall be no less than 60 feet.

c.

The minimum lot depth shall be no less than 100 feet.

d.

No building shall be constructed or placed which exceeds 35 feet in height.

e.

Buildings constructed or placed shall have a front yard setback of at least six feet.

f.

Buildings constructed or placed shall have a rear yard setback of at least six feet.

g.

Buildings constructed or placed shall have a side yard setback of at least six feet.

h.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 12 feet from the property line adjacent to the street.

i.

The maximum allowed number of dwelling units shall not exceed 7.26 dwelling units per acre.

(7)

Lots zoned as R-MHC district (residential manufactured home community) shall comply with the following dimensional requirements:

a.

The minimum lot area shall be no less than 4,000 square feet.

b.

The minimum lot width shall be no less than 40 feet.

c.

No building shall be constructed or placed which exceeds 35 feet in height.

d.

Buildings constructed or placed shall have a front yard setback of at least six feet.

e.

Buildings constructed or placed shall have a rear yard setback of at least six feet.

f.

Buildings constructed or placed shall have a side yard setback of at least six feet.

g.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 12 feet from the property line adjacent to the street.

h.

The maximum allowed number of dwelling units shall not exceed 10.89 dwelling units per acre.

(8)

Lots zoned as CC district (center city commercial) shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 15 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 15 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least ten feet.

b.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 15 feet from the property line adjacent to the street.

(9)

Lots zoned as O district (transitional office) shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 15 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 15 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least ten feet.

b.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 15 feet from the property line adjacent to the street.

(10)

Lots zoned as NC district (neighborhood commercial) shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 15 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 15 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least ten feet.

b.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 15 feet from the property line adjacent to the street.

(11)

Lots zoned as GC district (general commercial) shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 20 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 20 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least ten feet.

b.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 15 feet from the property line adjacent to the street.

c.

In the case where a building is constructed or placed on a lot and the building exceeds 35 feet in height and is located on a lot that is adjacent to a lot or lots which are zoned single-family (R-1) or single-family attached housing (R-4) or which are utilized as a single family residence then the minimum setback shall be 1.5 times the height of the building from the shared property line of any adjacent lot which is zoned R-1, R-4, or utilized as a single family residence.

(12)

Lots zoned as HC district (highway commercial) shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 20 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 20 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least ten feet.

b.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 20 feet from the property line adjacent to the street.

c.

In the case where a building is constructed or placed on a lot and the building exceeds 35 feet in height and is located on a lot that is adjacent to a lot or lots which are zoned single-family (R-1) or single-family attached housing (R-4) or which are utilized as a single family residence then the minimum setback shall be 1.5 times the height of the building from the shared property line of any adjacent lot which is zoned R-1, R-4, or utilized as a single family residence.

(13)

Lots zoned as M-1 district shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 20 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 20 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least ten feet.

b.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least ten feet from the property line adjacent to the street.

c.

In the case where a building is constructed or placed on a lot and the building exceeds 35 feet in height and is located on a lot that is adjacent to a lot or lots which are zoned single-family (R-1) or single-family attached housing (R-4) or which are utilized as a single family residence then the minimum setback shall be 1.5 times the height of the building from the shared property line of any adjacent lot which is zoned R-1, R-4, or utilized as a single family residence.

(14)

Lots zoned as M-2 district shall comply with the following dimensional requirements:

a.

Buildings which are constructed or placed which exceed 35 feet in height shall be subject to the bulk plane regulations set forth in section 117-277(c) of this Code. Buildings which are constructed or placed which do not exceed 35 feet in height shall comply with the following:

1.

Buildings constructed or placed shall have a front yard setback of at least 25 feet.

2.

Buildings constructed or placed shall have a rear yard setback of at least 25 feet.

3.

Buildings constructed or placed shall have a side yard setback of at least 25 feet.

b.

When the side yard of any building on a lot is adjacent to a street the building shall be setback at least 25 feet from the property line adjacent to the street.

c.

In the case where a building is constructed or placed on a lot and the building exceeds 35 feet in height and is located on a lot that is adjacent to a lot or lots which are zoned single-family (R-1) or single-family attached housing (R-4) or which are utilized as a single family residence then the minimum setback shall be 1.5 times the height of the building from the shared property line of any adjacent lot which is zoned R-1, R-4, or utilized as a single family residence.

(b)

Residential side yards adjacent to a collector, arterial, expressway or freeway class thoroughfare shall be setback 20 feet.

(c)

Bulk plane regulations. No building or structure, which is subject to the provisions of this section 117-277(c), shall be placed such that the height of said building or structure is greater than the slope measured from a 45-degree angle from any property line.

(d)

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.

(e)

Structural features normally located on the roof of a building and not intended or used as places of occupancy or storage are exempt from the height limitations provided for in this section.

(f)

Building height—How measured. For purposes of the provisions of this section 117-277, building height shall be measured as provided in the adopted building codes of the city.

(Ord. No. 2212, § 1, 7-26-2021; Ord. No. 2379, § 1, 1-14-2025)

(a)

All accessory structures shall comply with the applicable setback requirements of this article except that rear yard setbacks shall only be a minimum of six feet unless a greater distance is required by section 117-278(b).

(b)

Where the high point of the roof or any appurtenance of an accessory building exceeds 12 feet in height, the accessory building shall be set back from any boundary line adjoining another residential lot by an additional two feet for every foot of height exceeding 12 feet.

(c)

The total area of all accessory buildings located on a single lot shall not cause the total area of building coverage on the lot to exceed 40 percent of the total lot area.

(d)

Unenclosed decks with no roof and structures which are flat surfaces shall not be subject to the accessory structure setback requirements established herein. For purposes of this section, structures which are considered flat surfaces include, without limitation, patios, walkways, sidewalks, foundations, driveways, and other similar structures.

(e)

Notwithstanding any other provision to the contrary, swimming pools shall be setback at least five feet from the principal building.

(Ord. No. 2195, § 1, 5-24-2021)

(a)

Subject to other provisions of this section, if any portion of a tract lies within an area designated on an officially adopted city plan as part of a proposed public park, greenway, or bikeway, and 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 detached residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of article VI of this chapter except that as equivalent amount of land has previously been dedicated to the city in accordance with subsection (a) of this section.

(c)

If the proposed use of the remainder is a two-family or multifamily project, then the approved use 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) of this section 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) of this section.

(Ord. No. 2195, § 1, 5-24-2021)

Editor's note— Ord. No. 2195, § 1, adopted May 24, 2021 repealed § 117-280, which pertained to building height limitations and derived from Prior Code, § 23-221; Ord. No. 1591 adopted June 2009. Additionally, said ordinance repealed § 117-281, which pertained to density on lots where portion dedicated to city and derived from Prior Code, § 23-223.