*Non-residential and multi-family properties located in the CL3, CL4, CL5 districts may be designed with a minimum 50 feet of frontage if a perpetual joint access easement or unified development agreement is provided, and driveway spacing requirements are met.

1. (1)
   Dwelling units associated with assisted living or nursing home facilities shall be exempt from this requirement
2. (2)
   The maximum height permitted when developed as a Multi-Family, Urban land use. With administrative approval of the Planning Director, if a structure includes features such as parapets, chimneys, vents, and mechanical or safety features including fire towers, stairways, elevator penthouses, heating or cooling equipment, solar installations, and protective covers; and ornamental towers, cupolas, domes, and spires that are not designed for occupancy, a structure may exceed the maximum height limitations by:

   1. a.
      15%
   2. b.
      The amount necessary to comply with a federal or state regulation; or
   3. c.
      For a stack or vent, the amount necessary to comply with generally accepted engineering standards
3. (3)
    A building and its accompanying active space such as patios can encroach into the minimum street setback along toll/frontage road facilities up to 10’ if parking is not located between the building and the toll/frontage road facility and such placement does not encroach into utility easements.
4. (4)
   Applicable to new development after April 2024. At the approval of the Planning Director, where a lot has existing easements that preclude compliance, more than one lot frontage exists where the provision will be applicable, or irregularly shaped lot configurations preclude compliance, an alternative building placement may be considered. Active green frontage and stormwater facility consideration: A stormwater management facility may, with approval of the Planning Director, receive credit towards the build-to line requirement if such facility is constructed as a wet pond, has a dual-use design, or is otherwise integrated into the site as a visually attractive feature. Such stormwater facilities should avoid the need for fences and integrate the perimeter with adjacent open spaces, incorporating recreational uses (using fences for safety along steep side slopes only, not around the entire pond). Engineering structures of the stormwater facility such as forebays, surface weirs, inlet structures, etc. should be strategically placed to minimize visibility or, when such alternative location is not feasible, integrate design that diminishes their visual impact to blend with surroundings. Retaining wall finishes should use materials and forms that match or complement materials used within the development. Streetyard depth and content must be met along the stormwater facility or active green frontage, with street tree separation decreased to 30’ on-center. A multiuse path with at least two street furniture elements per 250’ must be incorporated around stormwater facilities and active green spaces functioning as active frontages.