ARTICLE B. COMMUNITY COMMERCIAL CENTER ZONE (C-C)

10-11A-1: PURPOSE AND OBJECTIVES:

10-11A-2: PERMITTED, CONDITIONAL AND ACCESSORY USES:

10-11A-3: SINGLE OWNERSHIP OR CONTROL:

10-11A-4: LOT AREA:

10-11A-5: LOT WIDTH:

10-11A-6: LOT FRONTAGE:

10-11A-7: AREA OF ZONE:

10-11A-8: YARD REQUIREMENTS:

10-11A-9: PROJECTIONS INTO YARDS:

10-11A-10: BUILDING HEIGHT:

10-11A-11: DISTANCE BETWEEN BUILDINGS:

10-11A-12: PERMISSIBLE LOT COVERAGE:

10-11A-13: PARKING, LOADING AND ACCESS:

10-11A-14: PROJECT PLAN APPROVAL:

10-11A-15: REVERSION OF ZONING STATUS:

10-11A-16: OTHER REQUIREMENTS:

10-11C-1: PURPOSE AND OBJECTIVES:

10-11C-2: PERMITTED, CONDITIONAL AND ACCESSORY USES:

10-11C-3: LOT AREA:

10-11C-4: LOT WIDTH:

10-11C-5: LOT FRONTAGE:

10-11C-6: PRIOR CREATED LOTS:

10-11C-7: AREA OF ZONE:

10-11C-8: YARD REQUIREMENTS:

10-11C-9: PROJECTIONS INTO YARDS:

10-11C-10: BUILDING HEIGHT:

10-11C-11: DISTANCE BETWEEN BUILDINGS:

10-11C-12: PERMISSIBLE LOT COVERAGE:

10-11C-13: PARKING, LOADING AND ACCESS:

10-11C-14: PROJECT PLAN APPROVAL:

10-11C-15: OTHER REQUIREMENTS:

10-11D-1: PURPOSE AND OBJECTIVES:

10-11D-2: PERMITTED, CONDITIONAL AND ACCESSORY USES:

10-11D-3: LOT AREA:

10-11D-4: LOT WIDTH:

10-11D-5: LOT FRONTAGE:

10-11D-6: PRIOR CREATED LOTS:

10-11D-7: AREA OF ZONE:

10-11D-8: YARD REQUIREMENTS:

10-11D-9: PROJECTIONS INTO YARDS:

10-11D-10: BUILDING HEIGHT:

10-11D-11: DISTANCE BETWEEN BUILDINGS:

10-11D-12: PERMISSIBLE LOT COVERAGE:

10-11D-13: PARKING, LOADING AND ACCESS:

10-11D-14: PROJECT PLAN APPROVAL:

10-11D-15: OTHER REQUIREMENTS:

10-11D-16: MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT REQUIREMENTS1:

Multiple-family residential developments (projects including standard land use codes 1120, 1130, 1140, 1151 and 1153) shall be subject to the following requirements. Sections 10-11D-3 through 10-11D-8 of this article shall not apply to multiple-family residential developments.

   A.   Where Permitted: Multiple-family developments may be incorporated into projects only as infill developments. Residential uses shall not be located on properties fronting any State Highway, Major Arterial Road, Urban Minor Arterial and/or Industrial Arterial Roads, within a buffer of at least 224 feet from the property line along the public street. In addition, residential uses shall not occupy more than forty-five percent (45%) of the buildable land area (area remaining after public street dedication) of the zone district (see map attached) in which the project is located.

   B.   Site Design:

      1.   Density: The overall maximum density allowed for any multiple- family or mixed use development in the CS-2 zone is twelve (12) dwelling units per acre.

      2.   Developments Requiring Master Planning: Developments on five (5) or more acres within the CS-2 zone must be developed as part of a master planned site. Projects with at least ten (10) acres shall be designed with an integrated housing mix (village plan).

      3.   Permitted Master Planned Housing Types: Except as otherwise noted in subsection 10-11D-16E, all master planned multiple-family and mixed use developments shall be planned to include at least three (3) types of housing. One type shall include single-family or two-family homes. The lowest density housing type shall comprise the highest percentage of the total development land area, and the highest density type shall comprise the lowest percentage of the total development land area.

         a.   Multi-Unit Buildings: All multi-unit residential buildings, except for attached townhomes, should be architecturally designed as a "big house", to appear as a large single-family home with a single front entry or separate entrances on different building sides (see exhibit A of this section).

   EXHIBIT A

Examples of the "big house" style of homes (up to 8 units designed as a large single-family home) permitted in the CS-2 zone:

 

         b.   Senior Housing: Multi-family and mixed use developments may include senior housing projects, with buildings designed to appear as big houses. The architecture and size of the buildings must be compatible with the surrounding housing development.

      4.   Site Lighting: Lighting shall be used throughout the development for street lighting, lighting of walkways, parking areas, entrances and building exteriors. Lighting requirements include:

         a.   Pole height is limited to fourteen feet (14');

         b.   Short light poles or bollards (3 feet or less) are encouraged for walkway lighting;

         c.   Energy efficient lighting is encouraged;

         d.   Light spillage beyond property boundaries is prohibited;

         e.   Dark sky type, screened lighting shall be used;

         f.   See section 10-15-44 of this title.

      5.   Fencing And Buffers: All multiple-family developments shall be fenced along all side and rear property lines with a sight obscuring fence that is at least six feet (6') in height. Fencing throughout the project shall match the building design, i.e., masonry columns or piers using the same brick or stone as the buildings. Areas which are to be screened shall use a solid non- see through or masonry fence and landscaping which acts to soften the appearance of the fence. Landscaping may be vines, shrubs or trees. Acceptable materials include vinyl, permanently sealed wood and masonry. Where appropriate for safety and aesthetics in areas near streets, driveways and sidewalks, fences shall be lowered to three feet (3') in height or other landscape screening materials may be used such as berming, hedges, trees, etc.

      6.   Recreation Amenities: Multi-family and mixed use developments shall include recreational amenities primarily for the use of the residents of the development. Amenities may include swimming pools, sports courts, spas, barbecue and picnic facilities, or other features as approved by the planning commission.

      7.   Garbage Collection: Dumpsters shall be located behind a gated sight obscuring fence that is at least one foot (1') higher than the dumpster. Dumpsters shall be emptied regularly as needed and in no case less than once per week. Garbage collection shall occur between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. and during no other times.

      8.   Signage: See chapter 19 of this title.

      9.   Other Requirements: The planning commission may impose conditions of approval to regulate the appearance, function and overall site layout to ensure that the public health, safety and general welfare is preserved and that the project is developed in a manner consistent with the general plan and consistent with the purposes of the CS-2 zone.

   C.   Required Building Design:

      1.   Materials: The exterior material of each structure must have a minimum coverage of eighty percent (80%) of its surface (exclusive of windows and doors) in either brick, stone or stucco, or a mix of these materials.

      2.   Eaves: Deep eaves, overhangs, canopies and other architectural features that provide shelter from the elements in winter and shade in summer will be incorporated in the building wherever feasible.

      3.   Other Distinctive Features: Other distinctive and outstanding architectural features that positively enhance the structures, such as porches, patios, balcony, wrought iron railings, porticos, quoins, etc.

      4.   Roofs: All roofs shall have a minimum six inch (6") fascia. Other exterior finish and roofing materials may be used if specifically approved by the planning commission. Roof sheeting shall be a minimum of five-eighths inch (5/8") thick OSB or plywood material.

      5.   Mechanical Equipment: Rooftop heating and air conditioning equipment, large vent stacks and similar features, if essential, are to be architecturally screened from view or painted, so as to be nonreflective to neighboring properties.

   D.   Optional Design Features: All multi-family and mixed use developments shall include a minimum of the following optional design features totaling at least twenty five (25) points (or 50 percent) of the total fifty (50) point values:

      1.   Solar Features (5 Points): All dwellings are designed with an active or passive solar feature. The solar features may include a solar water heater, trombe wall, earth insulation of a majority of the walls, the building designed so that the main exposure faces south and has windows to allow solar access, or other features as approved by the design review board.

      2.   Roof Materials (5 Points): If all roofs of main buildings are clad with forty (40) year architectural grade tile or slate shingles, bonus points could be granted.

      3.   Multipurpose Stormwater Detention (5 Points): Stormwater detention facilities are designed and used for multiple purposes which blend with the overall theme of the open space design, i.e., shape of the area is free flowing, the grading and landscaping are carried out in such a manner that the use as a detention pond is not discernible.

      4.   Special Features (5 Points): Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong theme for the development and are used in highly visible locations in the development.

      5.   Common Building Or Facilities (5 Points): Development of a common building which shall be used for meetings, indoor recreation, daycare or other common uses as approved by the planning commission.

      6.   Extra Trees And Landscaping (5 Points): Design and planting at least twenty percent (20%) more than the minimum number of trees, shrubs and perennials per dwelling unit in the development.

      7.   Open Space (10 Points): Provision of ten percent (10%) more than the minimum required usable open space area.

      8.   Construction And Dedication Of A Park Or Trail (10 Points): Dedication of land for a public park, public access along a stream, or public access along a trail within the tract of the multi-family development. The city must be willing to accept the proposed dedication before points are awarded. Construction of a trail or park which has been dedicated to the city shall be according to city standards.

      9.   Xeriscaping (5 points): Water-wise landscaping design that consists of at least seventy percent (70%) of the xeriscaped area to contain plants, trees, and shrubs. This shall include low water plants and appropriate uses of turf to contribute to lowered maintenance.

   E.   Developments located in the CS-2 Zone, which are greater than five (5) acres but less than eight (8) acres in size and do not have frontage of more than two hundred (200) feet along a street, may include only one type of housing so long as additional design features are included. The number of points required is determined by the total acreage as detailed in the table below:

 

Project Size	Points Required
5 acres up to less than 6 acres	10
6 acres up to less than 7 acres	17
7 acres up to less than 8 acres	22

 

The additional design features and associated points are as follows:

      1.   Open Space (up to 20 Points): For provision of usable open space areas in amounts equal to an additional ten percent (10%) more than the required minimum, an additional ten (10) points will be given. If usable open space areas exceeding twenty percent (20%) of the required minimum is provided, then an additional twenty (20) points will be given. This provision is independent of provision 10-11D-16-D7, meaning that if the applicant provides ten percent (10%) more than the required usable open space to meet the optional design features requirement, the applicant shall provide an additional ten percent (10%) of open space to qualify to obtain ten (10) points to satisfy the requirements of this provision, 10-11D-16E.

      2.   Parking (5 Points): Provision of one-half (.5) extra parking space per unit. Instead of the required two and a half (2.5) parking spaces per unit, the applicant shall provide three (3) parking spaces per unit, with one (1) of the stalls designated for visitor parking. The stalls designated for visitors shall be spread throughout the development.

      3.   Affordable Housing (20 Points): Twenty percent (20%) of the total units meet the requirements of being affordable for Pleasant Grove residents whose salary is less than fifty percent (50%) of the Utah County median income.

      4.   Pedestrian Path Treatments (5 Points): Provision of a network of pedestrian walking trails throughout the entire development in addition to the required sidewalks along the units' frontage.

      5.   Exterior Materials (7.5 Points): Upgrade the exterior by including brick or stone with a minimum coverage on the front or side facades of at least ten percent (10%) per front or side.

      6.   Exterior Materials (7.5 Points): The exterior material of each structure shall have a minimum coverage of one hundred percent (100%) of its surface (exclusive of windows and doors) in either brick, stone, fiber cement siding, or a mix of these materials. Stucco is not allowed.

      7.   Lighting (2.5 Points): Each residential building shall include recessed soffit lighting of at least two (2) canned lights per residential unit.

      8.   Garage Door Windows (2.5 Points): Each residential building shall include windows in all garage doors.

      9.   Optional Design Features: Any of the optional design features listed in provision 10-11D-16-D that were not used for the purpose of meeting the required twenty five (25) points may be used to satisfy the points required to be able to include only one type of housing in developments over five (5) acres but less than eight (8) acres as detailed in provision 10-11D-16-E.

   F.   Setbacks:

      1.   Mixed use and multi-family residential uses: The minimum building setback is twenty five feet (25') from rear and side property lines and twenty feet (20') from street frontages. No vehicular parking is allowed in the front setback.

      2.   Mixed use developments shall have buildings with commercial on the main floor facing the street, with a maximum setback of twenty feet (20') from arterial and collector street frontages. Street setback area shall be developed with a minimum of a ten foot (10') wide sidewalk and shall include trees and other landscaping materials and streetscape amenities.

   G.   Parking: All multi-family residential structures shall have as a minimum 2.33 parking spaces per unit, including two (2) parking spaces per unit as an enclosed garage and for every three (3) residential units one visitor parking shall be provided. The visitor parking shall be evenly distributed throughout the entire site. In addition, the following requirements shall apply:

      1.   Parking For Residents: The parking shall be dedicated for the sole use of the residents for their individual needs and discretion.

      2.   Driveways: Each residential unit shall have a driveway leading to the two (2) car garage entrance. The minimum dimensions for a driveway shall be twenty two feet (22') in length by twenty feet (20') in width.

      3.   Finish Materials: Garages shall be built with the same finish materials and colors as the main structures and shall be architecturally similar (including rooflines) to the main structures or incorporated into their design and construction.

      4.   Dimensions: The minimum interior dimensions for the required two (2) car garage per residential unit shall be twenty-two feet (22') in length by twenty feet (20') in width.

      5.   Garage Requirements: Garages shall have four (4) walls, a roof, a doorway at least nine feet (9') in width, and a door that is lockable.

      6.   Paving And Striping: Driveways and uncovered parking areas shall be paved and striped with dimensions following the requirements of chapter 18 of this title.

      7.   Tandem Parking: No tandem parking (1 parking space behind another parking space) shall be permitted.

      8.   Recreational Vehicle Parking: No recreational vehicle parking is permitted anywhere on site whether inside or outside of a garage.

      9.   Current License Plate Required: No vehicles or trailers of any type without current license plates shall be parked or stored other than in a completely enclosed building.

      10.   Use Of Setback Or Buffer Areas Prohibited: No surface parking or maneuvering space is permitted within any required setback or landscape buffer, except that driveways providing access to the parking area may cross these areas. Driveways should be as nearly perpendicular to the street right of way as possible.

      11.   Bicycle Parking:

         a.   Automobile parking facilities shall be supplemented by bicycle parking in the amount of five percent (5%) of the total automobile spaces; provided, that all parking facilities shall provide at least two (2) bicycle parking spaces.

         b.   A bicycle parking space allows for the secure storage of a bicycle. At a minimum, any such facility shall include a rack allowing for the locking of both wheels and the frame.

   H.   Landscaping:

      1.   Landscape Plan: A landscape plan which is stamped and signed by a licensed landscape architect is required for all developments. See subsection 10-14-5D4 of this title for plan format requirements.

      2.   Landscaping Required: The front, side, and rear yards of lots, as well as all areas in a development not approved for parking, buildings, or other hard surfacing shall be landscaped and properly maintained with grass, trees, shrubs, and other plant materials. Landscaping may include theme designed hardscape with landscaping features. The required area shall not be reduced in size where landscaping extends into or is located within any portion of an adjoining, dedicated or reserved public or private street or right of way.

      3.   Landscape Design: The landscape design shall include a mix of landscape elements, including evergreens.

      4.   Materials Prohibited: Landscape plants shall not include plastic or other artificial materials.

      5.   Interior Area Trees: A minimum of one tree per one thousand (1,000) square feet of required landscaped areas, within the interior area of a project, shall be required in addition to other trees required in this title. A minimum thirty percent (30%) of the total number of required trees shall be evergreens.

      6.   Perimeter Street Trees: Large, mature trees shall be planted along the perimeter of the public access street frontages. These trees should have a minimum three inch (3") caliper, planted ten (10) to thirty feet (30') behind the sidewalk.

      7.   Circulation Roads: Internal circulation roads providing access to more than one property shall be landscaped with street trees and streetside planters. A minimum ten foot (10') width shall be landscaped adjoining the right of way of any such street or road. The streetscape planting shall be consistent throughout the development to provide a unifying landscaping theme. Details for these areas shall be submitted with the overall landscape plan at the time of preliminary plan approval.

      8.   Minimum Plant Sizes: The following minimum plant sizes shall be used for all areas, except perimeter street trees:

      TABLE 1

      MINIMUM PLANT SIZE

 

Landscape Element (Plants)	Minimum Size At Planting
Shade tree	2 inch caliper, balled and burlapped
Ornamental tree	2 inch caliper, balled and burlapped
Evergreen tree	7 feet in height, balled and burlapped
Shrub	5 gallon container
Perennial or ornamental grass or ground cover	10 square foot area

 

Notes:

1.    All calipers are measured 6 inches above the finish planting grade.

2.    Root barriers shall be installed for all new trees planted adjacent to existing or proposed sidewalks and paving.

      9.   Included Plants: Appropriate plants include, but are not limited to:

         a.   Deciduous trees, including: maple, oak, birch, beech, linden, honey locust, flowering pear, ash and ginkgo.

         b.   Deciduous shrubs (shrublike trees), including: dogwood, redbud, flowering crab, hawthorn, magnolia and fruit (pear, cherry, plum, peach).

         c.   Shrubs, including: honeysuckle, lilac, cotoneaster, forsythia, euonymus, hydrangea, privet and sumac.

         d.   Evergreens, including: pine, fir, spruce, hemlock, juniper, and arborvitae.

      10.   Energy Efficiency: All landscaping shall be designed to consider the site and surrounding properties by addressing sun, shade and wind for increased energy efficiency.

         a.   Landscaping shall provide a mix of deciduous trees, evergreens, ornamental plants and ground cover to provide year round screening.

         b.   Deciduous trees shall be included for providing shade in parking lots and around structures.

         c.   Evergreen trees shall be included for windbreaks, screening and accent purposes.

      11.   Spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. However, trees shall be spaced no closer than eighty percent (80%) of the average mature width of the trees.

      12.   Xeriscape: Xeriscape is encouraged and the design review board may recommend appropriate design changes.

      13.   Clear Sight Triangle: Clear sight triangle shall be observed in regard to all vegetation near streets and drives. No evergreen trees shall be planted within any sight triangle. The maximum height of any berms, fences, signs or vegetative ground cover at maturity within the sight triangle is three feet (3').

      14.   Berms: Berms are required within the landscape areas where the width is sufficient for development.

      15.   Stormwater Retention: With written permission of the city engineer a required buffer may include a stormwater retention/detention area.

      16.   Trash Enclosures: Five foot (5') landscaping strips are required around all trash enclosures except the gate side.

      17.   Monument Signs: Five foot (5') landscaping strips shall be provided at the base of all monument signs.

      18.   Installation And Maintenance: Installation of required landscaping shall be the responsibility of the property owner.

         a.   All plant materials shall be planted according to industry standards, using acceptable topsoil and automatically controlled permanent irrigation systems.

         b.   All proposed plant material shall be in accord with the American Association Of Nurserymen standards in terms of size, character and quality.

         c.   All plant materials required within a landscaped area shall be planted to completion prior to the city's issuance of a certificate of occupancy.

         d.   The community development director may authorize a delay in the completion of planting during the months of October, November, December, January, February and March due to weather conditions, if a cash bond for one hundred twenty five percent (125%) of the cost of installation is provided to the city.

         e.   Maintenance and replacement of required landscaping and screening shall be the responsibility of the property owner.

         f.   All plant materials shall be pruned, trimmed, watered and otherwise maintained to create an attractive appearance and a healthy growing condition. No trees shall be severely pruned or topped.

         g.   Dead, diseased, stolen or vandalized plant materials shall be replaced by the next planting season.

         h.   Property owners shall keep landscaped areas free of weeds and trash.

      19.   Parking Lot Landscaping: Interior parking lot landscaping shall be required for any parking lot with ten (10) or more spaces, including the following standards:

         a.   Landscaped parking islands are to be as evenly spaced as feasible throughout the lot with a maximum spacing of one parking island per every ten (10) parking spaces with a shade tree, and other landscape materials as defined in this article.

         b.   Landscape planters are to be fully landscaped, and shall contain a minimum of fifty (50) square feet, and the planting area shall not be less than five feet (5') wide in any dimension, measured inside the curbs. The only exception to the five foot (5') minimum dimension is at the tip of triangular planters located at the end of rows of angled parking.

         c.   No parking space shall be more than sixty feet (60') from an interior landscaped area.

         d.   Deciduous shade trees, evergreen trees, ground cover and low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous trees are to be clear branched to a height of six feet (6').

      20.   Alternative Methods Of Compliance: It is not the intent of these landscape requirements to inhibit creative solutions to land use challenges. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a) to a change of use of an existing site; or b) the required landscaped buffer yard is larger than can be provided.

   I.   Open Space:

      1.   Purpose: The purpose of this subsection is to create an interconnected network of open spaces consisting of parks for both active and passive recreational opportunities; unique natural features; off street pathways; and plazas, courtyards and arcades.

      2.   Standards:

         a.   Multi-family residential developments shall provide a minimum of thirty percent (30%) of the net developable site area for open space. At least seventy five percent (75%) of that open space must be usable, contiguous, open space, available for recreational uses not located within required buffer areas. Open space may include parks, walkways, natural areas, landscaped areas and usable wetland areas. Open space may not include leftover space between buildings, or narrow space under ten feet (10') in width that is immediately adjacent to buildings, where the space is between the building and parking areas, drive aisles or inner development roads.

         b.   Public utility and similar easements may not be counted toward meeting the open space requirement, unless such land is usable as a trail or other similar purpose and approved by the planning commission.

         c.   The creation of usable open spaces adjacent to buildings is encouraged. Adjacent property owners are encouraged to engage in joint development of public spaces.

         d.   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of a conditional use permit.

   J.   Maintenance: Buildings, structures, fences and grounds shall be maintained on an ongoing, year round basis. Landscaping shall be kept watered and dead plants promptly replaced. No weeds, junk, debris, trash, abandoned, wrecked, dismantled or inoperative vehicles, or any unsightly materials shall remain on the property for any period of time. All structures shall be regularly maintained and painted or similarly treated and kept in good repair. Graffiti shall be removed within seventy two (72) hours of appearing.

   K.   Project Control And Ownership: A project developed under this section shall remain under single ownership or control of a single entity (such as a homeowners' association) to ensure that the project can be developed and maintained according to the provisions of this section. (Ord. 2013-6, 4-2-2013; amd. Ord. 2019-21 10-1-2019; amd. Ord. 2020-2, 1-7-2020; Ord. 2020-24, 11-10-2020; Ord. 2022-8, 3-1-2022)

10-11E-1: PURPOSE AND OBJECTIVES:

10-11E-1-1: TABLE OF PERMITTED, CONDITIONAL AND ACCESSORY USES:

10-11E-2: DOWNTOWN COMMERCIAL SUBDISTRICT:

10-11E-2-1: RESERVED:

10-11E-2-2: LOT AREA:

10-11E-2-3: LOT WIDTH:

10-11E-2-4: LOT FRONTAGE:

10-11E-2-5: PRIOR CREATED LOTS:

10-11E-2-6: AREA OF ZONE:

10-11E-2-7: YARD REQUIREMENTS:

The following minimum yard requirements, or otherwise referred to as "setbacks", shall apply in the Downtown Commercial Subdistrict (note: All setbacks are measured from the property line except that no part of any building shall overhang the public right-of- way and no drainage shall be diverted into said public right-of- way) (see subsection 10-11E-2-14D of this article for awning and marquee requirements):

   A.   Front Yard: Buildings which front on Main Street must be built to the back of sidewalk or front property line. However, buildings may be set back no more than ten feet (10') from the property line only if the space within the setback is used as an open space amenity, such as an outdoor patio, etc., or the setback is necessary to comply with a conflicting utility function.

      1.   A zero front yard requirement may also apply to buildings in other downtown locations on arterial or collector roads with a recommendation from the Downtown Design Review Board. Otherwise, commercial buildings shall be set back a minimum of ten feet (10') from property line. The ten foot (10') setback shall be landscaped according to standards found in subsection 10-11E-2-14C of this article.

      2.   Residential structures not located on Main Street shall be set back minimum of twenty feet (20') from front property line.

   B.   Side Yard: No minimum requirement from building foundation to building foundation for commercial zoned properties and uses, or for structures with a residential use over a commercial use. Residential structures not located on Main Street shall have a side yard of not less than eight feet (8'). For commercial developments adjacent to a residential use in the DV Zone the setback shall be a minimum of ten feet (10') with proper screening as outlined in subsection 10-11E-2-14C10 of this article. Please refer to subsection H of this section for setbacks if adjacent to a historical building, and subsection I of this section for buildings taller than three (3) stories. A mixed use building with a commercial use on the main floor and a residential use above shall have no minimum side yard setback, and subsection H of this section shall not apply, if the following requirements are met:

      1.   The structure fronts on Main Street,

      2.   The structure is forty feet (40') or less in height, as measured from the average grade of the sidewalk immediately adjacent to the structure to the top of any parapet or roof coping, and

      3.   The structure is three (3) stories or less in height, as determined by the provisions of the most current version of the International Building Code or other applicable Code.

   C.   Corner Lot; Side Yard: Except as provided in subsections A and B of this section, there shall be no setback requirement on the street sides of a corner lot. For residential structures not located on Main Street, the side yard contiguous to the street shall not be less than twenty feet (20').

   D.   Side Yard Used For Access: When used for access to any garage, carport or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access to a loading dock or a garage, a side yard shall be wide enough to provide an unobstructed twelve foot (12') paved driveway for one-way traffic, or sixteen foot (16') paved driveway for two-way traffic. In cases where commercial abuts a residential zone or use, the drive space may be included as part of the required setback.

   E.   Accessory Building; Side Yard: An accessory building on property used for commercial or mixed use purposes may be located on a side property line if, and only if, the following conditions are met:

      1.   The accessory building has no openings on the side which is contiguous with the property line, and the wall of said building adjacent to the property line has fire resistant ratings in compliance with the International Building Code, or the accessory building is a carport that is set back at least the minimum distance required by the most current adopted version of the International Building Code or other applicable Code.

      2.   The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is created.

      3.   Accessory buildings are not to be located on a property line shared with a lot that is used as a residence. In such cases, the provisions of subsection 10-9B-7F of this title shall apply.

   F.   Rear Yard: No minimum requirement from building foundation to building foundation for commercial zoned properties. For commercial developments adjacent to a residential use in the DV Zone the setback shall be a minimum of ten feet (10') with proper screening as outlined in subsection 10-11E-2-14C10 of this article. Please refer to subsection H of this section for setbacks if adjacent to a historical building, and subsection I of this section for buildings taller than three (3) stories.

      1.   Residential structures not located on Main Street shall have a rear yard of no less than twenty feet (20').

   G.   Accessory Building; Rear Yard: As listed in subsection E of this section.

   H.   Historic Buildings: The following minimum setbacks from property line shall be required of new development adjacent to historic buildings listed on national or State historical registries (see diagram A of this section):

      1.   Non-residential use historic buildings:

         a.   1st and 2nd levels - no requirement.

         b.   3rd level - twenty feet (20').

         c.   Above the 3rd level - an additional ten feet (10') for each level.

      2.   Residential use historic buildings:

         a.   1st and 2nd levels - thirty feet (30').

         b.   3rd level - forty feet (40').

         c.   4th level - fifty feet (50').

   DIAGRAM A

   I.   Minimum Graduated Setbacks For Buildings Taller Than Three Levels: The following are the minimum graduated setbacks for the buildings taller than three (3) levels, unless on Main Street, or if subsection H of this section applies (see diagrams B, C and D of this section):

      1.   4th level - twenty feet (20') from the front property line.

   DIAGRAM B

   DIAGRAM C

   DIAGRAM D

   J.   Setback Required For New Commercial Or Mixed Use Development Buildings Exceeding Forty Feet: A minimum fifty foot (50') setback is required, from any property line adjacent to an area designated as residential or transitional residential zoning, for portions of new commercial or mixed use development buildings which exceed forty feet (40') in height.

   K.   Landscaping: All ground level setback areas shall be properly landscaped with living plant materials and trees. Parking and drive areas may encroach upon side and rear setbacks. Also refer to subsection 10-11E-2-14C of this article. (Ord. 2017-27, 5-16-2017)

10-11E-2-8: PROJECTIONS INTO YARDS:

10-11E-2-9: BUILDING HEIGHT:

10-11E-2-10: DISTANCE BETWEEN BUILDINGS:

10-11E-2-11: PERMISSIBLE LOT COVERAGE:

10-11E-2-12: PARKING, LOADING AND ACCESS:

10-11E-2-13: PROJECT PLAN APPROVAL:

10-11E-2-14: OTHER REQUIREMENTS:

10-11E-3-1: LOT AREA:

10-11E-3-2: LOT WIDTH:

10-11E-3-3: LOT FRONTAGE:

10-11E-3-4: PRIOR CREATED LOTS:

10-11E-3-5: AREA OF ZONE:

10-11E-3-6: YARD REQUIREMENTS:

10-11E-3-7: BUILDING HEIGHT:

10-11E-3-8: DISTANCE BETWEEN BUILDINGS:

10-11E-3-9: PERMISSIBLE LOT COVERAGE:

10-11E-3-10: PARKING, LOADING AND ACCESS:

10-11E-3-11: SITE PLAN/PLAT APPROVAL:

10-11E-3-12: OTHER REQUIREMENTS:

10-11F-1: PURPOSE AND OBJECTIVES:

10-11F-2: PERMITTED, CONDITIONAL AND ACCESSORY USES: