SCHEDULE OF REGULATIONS
The following table indicates the height, bulk, density and area limitations by zoning district:
(Ord. of 10-6-03; Ord. No. 2012-04, § 9, 11-5-12; Ord. No. 2015-04, § 4, 7-6-15; Ord. No. 2017-01, § 2, 1-3-17; Ord. No. 23-01, 1-17-23)
(a)
The side yard abutting upon a street shall not be less than eight feet for R-1 districts or 12 feet for RT-1 districts when there is a common rear yard. In case of a rear yard abutting a side yard of an adjacent lot, the side abutting a street shall not be less than the required front yard of that district.
(b)
The height of any main building may exceed the maximum permitted height by one foot for each additional one foot by which the width of each yard exceeds the minimum yard requirement with a maximum height not to exceed five feet above the maximum height permitted.
The building height of a single-family home in the R-1 zoning district shall be limited to 25 feet or as otherwise permitted in this section. Loft areas or finished attics in the R-1 district, which have a floor area of less than ⅓ of the floor area of the floor below, shall also be restricted to a total building height of 25 feet and shall be required to have a minimum side yard of 12 feet and a minimum lot width of 60 feet.
(c)
The total number of rooms in a multiple dwelling structure of two stories or less shall not be more than the area of the parcel, in square feet, divided by 1,300. The total number of rooms in a multiple dwelling of over two stories but not exceeding four stories shall not be more than the area of the parcel, in square feet, divided by 900. Not more than ten percent of the units on any given parcel may be of an efficiency apartment type. For the purpose of computing rooms, the following shall control:
Plans presented showing one-, two-, or three-bedroom units and including a den, library, or other extra room shall count such extra rooms as a bedroom for the purpose of computing density.
The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or bordering streets.
(d)
In RM districts the minimum front and rear yards shall be equal to the height of the building, except that where a front lot line abuts a street, ½ the width of the right-of-way of such street may be considered as front yard setback, but in no instance shall any front or rear yard setback be less than 25 feet.
(1)
In all RM-1 and RM-2, Multiple-Family Residence Districts, the minimum amount of usable open space or recreation area per dwelling unit (exclusive of a required front yard, parking areas or driveways) shall be equal to 150 square feet of lot area per bedroom.
(2)
If more than one building shall be constructed on the same site the following requirements shall also apply. Minimum distance between buildings shall be:
a.
Seventy feet when front to rear.
b.
Seventy feet when front to front.
c.
Seventy feet when rear to rear.
d.
Twenty-five feet end to end.
e.
Fifty feet end to front.
f.
Fifty feet end to rear.
(e)
For each story in excess of two stories, a side yard of 2½ feet for each additional story shall be provided, in addition to the minimum ten foot requirement. The distance between buildings on the same lot shall be regulated by the building distance formula specified in subsection (d) of this section.
(f)
No side yards are required along the interior side lot lines, except as otherwise specified in the building code. On the exterior side yard which borders on a residential district, there shall be provided a setback of not less than ten feet on the side or residential street. If walls of structures facing interior lot lines contain windows or other openings, side yards of not less than ten feet shall be provided. The setback shall be measured from the nearest side of the existing and/or proposed right-of-way lines, whichever is greater.
(g)
One-half the width of alleys at the rear of the lot may be considered in computing rear yard setbacks.
(h)
Parking shall be permitted in a required front yard.
(i)
An obscuring screen shall be provided in accordance with the provisions of section 78-206. The greenbelt planting plan shall be reviewed and approved in conformity with section 78-203.
(j)
Off-street loading space shall be provided in the rear yard in the ratio of at least one space per each establishment and shall be provided in addition to any required off-street parking area. Off-street loading space shall further meet the requirements of section 78-273. This provision shall not apply in the CBD district as defined and encompassed by Wing, Harvey, Church, Deer and Union Streets. In those instances where properties abut an alley such alley may be substituted for off-street loading requirements in business districts. In office districts off-street loading may take place in undesignated places in parking lots provided such loading is of a short-term nature.
(k)
For side or rear yards which border on a residential district, there shall be provided a setback of not less than 20 feet in the I-1, light industrial district and 40 feet in the I-2, heavy industrial district. The side yard requirement on an interior side yard abutting an industrial district may be waived by the planning commission providing that the combined total side yard requirement of 20 feet in the I-1 district and 40 feet in the I-2 district is located on the other side and provided further that the planning commission finds that such a building location on the lot line shall not adversely affect existing and/or potential development patterns in the area and that the building location and construction are acceptable to the city building and fire departments.
(l)
A minimum lot size of not less than 10,000 square feet shall be provided for any multiple dwelling sites.
(m)
Parking shall not be allowed in a front yard setback area other than in the driveway.
(n)
Per the overlay district map for the central business district, building heights are limited to 40 or 50 feet for specified areas of the downtown.
(o)
The established front setbacks for structures within established R-1, RT-1, MU, O-1 and O-2 zoning districts shall be at least 90 percent of the average front yard setback of surrounding buildings. The average setback and front building line shall be determined by examining existing buildings located on the same side of the street and within 200 feet of the subject parcel. If the resulting setback is less than 15 feet, then the allowed setback shall be no less than the allowed setback average. For a single family residential project that meets the "front porch exception" standards listed in 78-43(11) or (12), or 78-53(11) or (12), the average front setback shall be calculated using the front wall of the surrounding dwellings rather than the edge of any existing porches. In any case, the minimum average front yard setback for an incentive porch shall not be less than fifteen (15) feet. The building official may exclude structures used in calculating average front setbacks when the structure deviates by more than 25 feet forward or back from the average setbacks of other structures found within 200 feet.
(p)
The planning commission shall have the authority to approve an increase in building height up to a maximum of 38 feet, provided that the building does not exceed two stories and conforms with one of the following criteria:
(1)
The additional height is necessary to achieve two stories due to the particular nature and functions of the approved use.
(2)
The additional height is necessary to accommodate architectural features that enhance the character of the building and the district.
(q)
When parking is furnished between the building and the street, a front yard of not less than 75 feet shall be provided.
(r)
When a side yard is adjacent to a residential use, a side yard of not less than 20 feet shall be provided.
(s)
Side yards are not required along an interior side parcel line, where all walls of building s abutting such interior side parcel line are wholly without or other openings and are of fireproof construction, but if the side wall is not of fireproof construction, a side yard of not less than ten feet shall be provided. When an interior business parcel abuts a residential parcel, a side yard of not less than 20 feet shall be required in addition to the required screening and land use buffer.
(t)
When parking is furnished in the side yard on the street side of a corner parcel, a side yard of not less than seven feet shall be provided.
(u)
When such a use is adjacent to a residential district and not separated there from by a street, a side yard and/or a rear yard of not less that 75 feet shall be provided.
(v)
For projects that meet the standards listed in section 78-43(11) or (12), or section 78-53(11) or (12) and construct an eligible front porch, the area of the eligible front porch located in the front yard setback shall be excluded from the lot coverage calculation.
(w)
Floor area ratio (FAR) shall be applied to single-family and two-family residential buildings only. For two-family buildings, the total building floor area, as defined, shall be used to calculate the total FAR for the lot. For mixed use projects, FAR shall apply to single-family and two-family residential buildings only.
(x)
Landscape area shall be required only for single-family residential buildings in all zoning districts that they are located. A minimum of 60 percent of the front yard shall be landscape area. Up to five percent of the total landscape area may be permeable pavement.
(Ord. of 10-6-03; Ord. No. 2014-05, § 3, 6-2-14; Ord. No. 2015-04, § 5, 7-6-15; Ord. No. 16-02, § 2, 7-18-16; Ord. No. 2017-01, § 2, 1-3-17; Ord. No. 23-01, 1-17-23)
SCHEDULE OF REGULATIONS
The following table indicates the height, bulk, density and area limitations by zoning district:
(Ord. of 10-6-03; Ord. No. 2012-04, § 9, 11-5-12; Ord. No. 2015-04, § 4, 7-6-15; Ord. No. 2017-01, § 2, 1-3-17; Ord. No. 23-01, 1-17-23)
(a)
The side yard abutting upon a street shall not be less than eight feet for R-1 districts or 12 feet for RT-1 districts when there is a common rear yard. In case of a rear yard abutting a side yard of an adjacent lot, the side abutting a street shall not be less than the required front yard of that district.
(b)
The height of any main building may exceed the maximum permitted height by one foot for each additional one foot by which the width of each yard exceeds the minimum yard requirement with a maximum height not to exceed five feet above the maximum height permitted.
The building height of a single-family home in the R-1 zoning district shall be limited to 25 feet or as otherwise permitted in this section. Loft areas or finished attics in the R-1 district, which have a floor area of less than ⅓ of the floor area of the floor below, shall also be restricted to a total building height of 25 feet and shall be required to have a minimum side yard of 12 feet and a minimum lot width of 60 feet.
(c)
The total number of rooms in a multiple dwelling structure of two stories or less shall not be more than the area of the parcel, in square feet, divided by 1,300. The total number of rooms in a multiple dwelling of over two stories but not exceeding four stories shall not be more than the area of the parcel, in square feet, divided by 900. Not more than ten percent of the units on any given parcel may be of an efficiency apartment type. For the purpose of computing rooms, the following shall control:
Plans presented showing one-, two-, or three-bedroom units and including a den, library, or other extra room shall count such extra rooms as a bedroom for the purpose of computing density.
The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or bordering streets.
(d)
In RM districts the minimum front and rear yards shall be equal to the height of the building, except that where a front lot line abuts a street, ½ the width of the right-of-way of such street may be considered as front yard setback, but in no instance shall any front or rear yard setback be less than 25 feet.
(1)
In all RM-1 and RM-2, Multiple-Family Residence Districts, the minimum amount of usable open space or recreation area per dwelling unit (exclusive of a required front yard, parking areas or driveways) shall be equal to 150 square feet of lot area per bedroom.
(2)
If more than one building shall be constructed on the same site the following requirements shall also apply. Minimum distance between buildings shall be:
a.
Seventy feet when front to rear.
b.
Seventy feet when front to front.
c.
Seventy feet when rear to rear.
d.
Twenty-five feet end to end.
e.
Fifty feet end to front.
f.
Fifty feet end to rear.
(e)
For each story in excess of two stories, a side yard of 2½ feet for each additional story shall be provided, in addition to the minimum ten foot requirement. The distance between buildings on the same lot shall be regulated by the building distance formula specified in subsection (d) of this section.
(f)
No side yards are required along the interior side lot lines, except as otherwise specified in the building code. On the exterior side yard which borders on a residential district, there shall be provided a setback of not less than ten feet on the side or residential street. If walls of structures facing interior lot lines contain windows or other openings, side yards of not less than ten feet shall be provided. The setback shall be measured from the nearest side of the existing and/or proposed right-of-way lines, whichever is greater.
(g)
One-half the width of alleys at the rear of the lot may be considered in computing rear yard setbacks.
(h)
Parking shall be permitted in a required front yard.
(i)
An obscuring screen shall be provided in accordance with the provisions of section 78-206. The greenbelt planting plan shall be reviewed and approved in conformity with section 78-203.
(j)
Off-street loading space shall be provided in the rear yard in the ratio of at least one space per each establishment and shall be provided in addition to any required off-street parking area. Off-street loading space shall further meet the requirements of section 78-273. This provision shall not apply in the CBD district as defined and encompassed by Wing, Harvey, Church, Deer and Union Streets. In those instances where properties abut an alley such alley may be substituted for off-street loading requirements in business districts. In office districts off-street loading may take place in undesignated places in parking lots provided such loading is of a short-term nature.
(k)
For side or rear yards which border on a residential district, there shall be provided a setback of not less than 20 feet in the I-1, light industrial district and 40 feet in the I-2, heavy industrial district. The side yard requirement on an interior side yard abutting an industrial district may be waived by the planning commission providing that the combined total side yard requirement of 20 feet in the I-1 district and 40 feet in the I-2 district is located on the other side and provided further that the planning commission finds that such a building location on the lot line shall not adversely affect existing and/or potential development patterns in the area and that the building location and construction are acceptable to the city building and fire departments.
(l)
A minimum lot size of not less than 10,000 square feet shall be provided for any multiple dwelling sites.
(m)
Parking shall not be allowed in a front yard setback area other than in the driveway.
(n)
Per the overlay district map for the central business district, building heights are limited to 40 or 50 feet for specified areas of the downtown.
(o)
The established front setbacks for structures within established R-1, RT-1, MU, O-1 and O-2 zoning districts shall be at least 90 percent of the average front yard setback of surrounding buildings. The average setback and front building line shall be determined by examining existing buildings located on the same side of the street and within 200 feet of the subject parcel. If the resulting setback is less than 15 feet, then the allowed setback shall be no less than the allowed setback average. For a single family residential project that meets the "front porch exception" standards listed in 78-43(11) or (12), or 78-53(11) or (12), the average front setback shall be calculated using the front wall of the surrounding dwellings rather than the edge of any existing porches. In any case, the minimum average front yard setback for an incentive porch shall not be less than fifteen (15) feet. The building official may exclude structures used in calculating average front setbacks when the structure deviates by more than 25 feet forward or back from the average setbacks of other structures found within 200 feet.
(p)
The planning commission shall have the authority to approve an increase in building height up to a maximum of 38 feet, provided that the building does not exceed two stories and conforms with one of the following criteria:
(1)
The additional height is necessary to achieve two stories due to the particular nature and functions of the approved use.
(2)
The additional height is necessary to accommodate architectural features that enhance the character of the building and the district.
(q)
When parking is furnished between the building and the street, a front yard of not less than 75 feet shall be provided.
(r)
When a side yard is adjacent to a residential use, a side yard of not less than 20 feet shall be provided.
(s)
Side yards are not required along an interior side parcel line, where all walls of building s abutting such interior side parcel line are wholly without or other openings and are of fireproof construction, but if the side wall is not of fireproof construction, a side yard of not less than ten feet shall be provided. When an interior business parcel abuts a residential parcel, a side yard of not less than 20 feet shall be required in addition to the required screening and land use buffer.
(t)
When parking is furnished in the side yard on the street side of a corner parcel, a side yard of not less than seven feet shall be provided.
(u)
When such a use is adjacent to a residential district and not separated there from by a street, a side yard and/or a rear yard of not less that 75 feet shall be provided.
(v)
For projects that meet the standards listed in section 78-43(11) or (12), or section 78-53(11) or (12) and construct an eligible front porch, the area of the eligible front porch located in the front yard setback shall be excluded from the lot coverage calculation.
(w)
Floor area ratio (FAR) shall be applied to single-family and two-family residential buildings only. For two-family buildings, the total building floor area, as defined, shall be used to calculate the total FAR for the lot. For mixed use projects, FAR shall apply to single-family and two-family residential buildings only.
(x)
Landscape area shall be required only for single-family residential buildings in all zoning districts that they are located. A minimum of 60 percent of the front yard shall be landscape area. Up to five percent of the total landscape area may be permeable pavement.
(Ord. of 10-6-03; Ord. No. 2014-05, § 3, 6-2-14; Ord. No. 2015-04, § 5, 7-6-15; Ord. No. 16-02, § 2, 7-18-16; Ord. No. 2017-01, § 2, 1-3-17; Ord. No. 23-01, 1-17-23)