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Santee City Zoning Code

ARTICLE 6

- USE REGULATIONS

Section 6.1.- General.

No use shall be permitted pursuant to this Article, and no development permit authorizing a use may be authorized, issued, or approved by any officer, official, or agency, unless said use is listed as a Permitted Use, Conditional Use or a Special Exception in the Use Matrix, Table 6-1, and all applicable permits and approvals have been issued by the agency or official with final decision-making authority. Those uses permitted as principal uses or buildings within each zoning district shall be those uses listed in the Use Matrix, Table 6-1.

6.1.1 Interpretation

The use categories listed in the Column A of the Use Matrix, Table 6-1, are defined in this Article, the Land-Based Classification Standards (LBCS) published by the American Planning Association (APA), the North American Industrial Classification System (NAICS), or in other resources cross-referenced in this Article.

6.1.2 Accessory and Temporary Uses

Permitted accessory uses and permitted temporary uses are set forth in the Use Matrix, Table 6-1, and Article 7 and 10. If a use is listed as prohibited in a zoning district, but is permitted as an accessory use in Section 10.11, the use is permitted only as an accessory use to a principal use or principal building on the same lot, tract or parcel. Such uses cannot be established unless and until there is a principal use or principal building on the same lot, tract or parcel to which that use is accessory.

6.1.3 Uses Not Listed

The Zoning Administrator shall make a determination if a use not mentioned in the Use Matrix, Table 6-1, can reasonably be interpreted to fit into a use category where similar uses are described. Interpretations may be ratified by the Planning Commission at a regularly scheduled meeting. It is the intent of this Article to group similar or compatible land uses into specific zoning districts, either as permitted uses or as uses authorized by a conditional use permit. Uses not listed as a permitted or conditional use are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the Use Matrix, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Zoning Administrator shall determine whether a materially similar use exists in this section. Should the Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Administrator's decision shall be recorded in writing. Should the Administrator determine that a materially similar use does not exist, the matter may be referred to the Planning Commission for interpretation or for recommendation to the Town Council for amendment to this Article to establish a specific listing for the use in question.

6.1.4

The Zoning Administrator may determine that a use is materially similar if:

a.

The use is listed as within the same structure or function classification as the use specifically enumerated in the Use Matrix, Table 6-1, as determined by the LBCS of the APA. The use shall be considered materially similar if it falls within the same LBCS classification or meets the requirements of sections (b.) below.

b.

If the use cannot be located within one of the LBCS classifications pursuant to section (a.) above, the Administrator shall refer to the most recent edition of the North American Industry Classification Manual (NAICS). The use shall be considered materially similar if it falls within the same industry classification of the NAICS.

6.1.5

In order to assist in interpretation of the Use Matrix, Table 6-1, the LBCS and NAICS numbers precede each use in the Use Matrix.

In interpreting the Use Matrix, the following rules of construction shall apply:

a.

If a use is listed for a specific classification, while a more general classification within the same industry classification is also listed for another use, the specific classification governs. The specific use is not permitted in all districts where the uses coded to the general classification are permitted simply because they share a similar NAICS code number. The numbers increase as the classifications get more specific.

(a) Example: Community Homes are coded as NAICS classification 623210. This is a specific subclass of group 623 entitled "Nursing and Residential Care Facilities." Community Homes are permitted in the District X. However, other "Nursing and Residential Care Facilities" listed in NAICS group 623 are not permitted in District X. These uses will fall within the LBCS Function classifications 1210 (Retirement housing services), 1220 (Congregate living services), 1230 (Assisted-living services), 1240 (Life care or continuing care services), and 1250 (Skilled-nursing services).

b.

Some uses are listed separately, but fall within the same LBCS or NAICS classification. The uses within one such classification are not permitted in all of the zoning districts as the others simply because they fall within the same LBCS or NAICS classification.

(b) Example: "Restaurant, with incidental consumption of alcoholic beverages" is coded as LBCS Structure 2220. A "Restaurant, no consumption of alcoholic beverages permitted" is also coded as Structure 2220. The former is listed as a prohibited use in District X. It is not considered a permitted use in X simply because it falls within the same LBCS classification as the latter use.

Section 6.2. - Establishment of Tables.

The uses permitted in the base zoning districts established by Article 4, and the dimensional standards of each district are set forth herein. These requirements are presented through the use of tables, in Section 6.3.

Table 6.1 sets forth district uses. Table 6.2 sets forth lot area, yard, setbacks, height, density, floor area and impervious surface dimensional standards for all districts.

Section 6.3. - Use of Tables.

TABLE 6-1 USE MATRIX

Key: "P" means permitted as of right, as a primary or an accessory use, "S" means permitted only as a Special Exception, "C" means permitted as a Conditional Use, "A" means permitted only as an accessory use, "—" means prohibited. "A/C" means that the accessory use requires a Conditional Use Permit. Refer to Article 12 or the sources referred to under "Land Use" for specific definitions of uses.
Land Use
Coding
Zoning Districts Required Off-Street Parking Space(s)
A B C D E F G H I J K L
Use
LBCS Function
LBCS Structure
NAICS
RS-1, Low-Density, Single-Family Residential
RS-2, Medium Density, Multi-Family Residential
RS-3, High-Density, MH Residential
RG, General Residential
GC, General Commercial
OC, Office Commercial
I, Industrial
1.0 Accessory Buildings and Uses (subject to Section 10.11)
1.1 Accessory buildings and uses as permitted in Article 10 and this Table 1130 A A A A A A A None
1.2 Bars, alcohol serving, accessory to restaurant 2540 722410 P P None
1.3 Bus shelters A/C A/C P A A None
1.4 Drive-in window or drive-through facilities (banks, laundries, fast foods, and similar uses) where Principle Use is permitted in the district 2110 2210 A/C A None
1.5 Outdoor sales and display areas A/C A/C None
1.6 Storage of construction materials and equipment, generally 3600 7100 A P None
1.7 Outdoor storage of supplies, material or specialized equipment. P None
1.8 Storage of construction equipment, outdoor, incidental to construction activities 3600 7100 A A A A A A A None
2.0 Residential Uses
2.1 Accessory Dwellings (Carriage Houses, Granny Flats, Echo Homes) 1100 1130 A/C A/C A P A A/C A/C None
2.2 Duplex 1100 1121 P P P 2 per unit
2.3 Manufactured Home C P P 2 per unit
2.4 Multifamily Dwelling, apartments 1100 1200 P P P C 2 per unit
2.5 Patio Homes 1100 1100 C P P 2 per unit
2.6 Quadraplex 1100 1204 P P 1.5 per 1 bedroom unit; 2 per unit all others
2.7 Room renting, no more than four tenants 1320 7213 C P P C C 0.5 per tenant
2.8 Single room occupancy units 1100 1340 P P P P 1 per unit
2.9 Single-family detached dwelling 1100 1110 P P P P P 2 per unit
2.10 Townhouse 1100 1140 P P P 2 per unit
2.11 Triplex 1100 1203 P P 1.5 per 1 bedroom unit; 2 per unit all others
2.12 Zero Lot Line Units P P P P 2 per unit
3.0 Accommodations and Group Living
3.1 Bed and Breakfast 1310 721191 C C C P P P 1 per bedroom
3.2 Room and Boarding House 1320 721310 P P P P 1 per bedroom
3.3 Dormitories 1000 1320 72131 P P 1 per bedroom
3.4 Group Homes 6520 623220 C C P P P 1 per bedroom
3.5 Hotels or Motels 1330 P P P 2 per unit
3.6 Housing for the Elderly, including assisted-living services, retirement housing, continuing care services, 1200-
1240
623110 S C P P P P 0.5 per bed
3.7 Tourist Home P P P P P P P 2 per unit
4.0 Commercial Uses
4.1 Animal Hospitals, Veterinary services 2418
2720
541940 P P 1 per 300 s.f. GFA
4.2 Appliance Repair 2125 811412 P P P 1 per 300 s.f. GFA
4.3 Appliance sales, or sales and service 2592 443111 P P P 1 per 300 s.f. GFA
4.4 Automobile and truck rental 2331-
2332
53211 C P 1 per 600 s.f. GFA
4.5 Automobile Service and Repair 2100 2280 811191 P P 1 per 600 s.f. GFA
4.6 Bakeries, retail, including manufacturing of goods for sale on the premises only 2151 311811 P P C 1 per 150 s.f. GFA
4.7 Bank, credit union, or savings institution without accessory drive-through windows and ATMs 2210 52211 C P P 1 per 300 s.f. GFA
4.8 Bar or Tavern 2540 722410 P P 1 per 300 s.f. GFA
4.9 Book stores 2135 2145 451211 453310 P P 1 per 300 s.f. GFA
4.10 Bus, truck, recreational vehicle, or other large vehicle sales or repair P P 1 per 600 s.f. GFA
4.11 Business Service Centers, including blueprinting, printing, Photostatting and copying 2424 56143 P P P 1 per 350 s.f. GFA
4.12 Camera supply store 2132 443130 P P 1 per 300 s.f. GFA
4.13 Car Wash, Automobile Laundries, or Car Care Centers 2110 2593 811192 P P None
4.14 Child Care 624410 C C C P P P 1 per 200 s.f. GFA
4.15 Clothing Stores 2133 4481 P 1 per 350 s.f. GFA
4.16 Convenience stores (no gasoline sales) 2152 2591 445120 P P P 1 per 350 s.f. GFA
4.17 Convenience stores selling gasoline 2116 2270 447110 P P 1 per 350 s.f. GFA
4.18 Equipment and Supplies Wholesale, Retail Sales, Rental or Leasing 2334 421410 421490 P P 1 per 5,000 s.f. GFA
4.19 Farm landscape, and garden supply sales (feed, seed, fertilizer, farm hardware, lawn furniture, mulch, fencing, fountains, statuaries and other incidental sales of products or related items 2123 P P 1 per 1,000 s.f. GFA
4.20 Film development 2600 812921 812922 P P 1 per 350 s.f. GFA
4.21 Financial offices 2210
2230
2240
2250
P P 1 per 350 s.f. GFA
4.22 Fireworks (Class C, seasonal and year around) S None
4.23 Flea markets, used merchandise (indoors) 2145 2580 453310 454390 P P 1 per 350 s.f. GFA
4.24 Floor coverings, carpet and tile shops 442210 P P 1 per 350 s.f. GFA
4.25 Flower shop, florists 2141 453110 P P 1 per 350 s.f. GFA
4.26 Furniture stores, new furniture 2121 2592 442110 442299 P P 1 per 350 s.f. GFA
4.27 Gasoline stations/Service Stations 2116 2270 P P 1 per 500 s.f. GFA
4.28 Gift store 2135 453220 P P 1 per 350 s.f. GFA
4.29 Grocery stores 2151 445110 P P 1 per 350 s.f. GFA
4.30 Hardware stores 2122 444130 P P 1 per 350 s.f. GFA
4.31 Heating and air service 7370 235100 P P 1 per 500 s.f. GFA
4.32 Heavy machinery sales, repair and maintenance 2120 811310 P 1 per 1,000 s.f. GFA
4.33 Home Occupations (Subject to Article 10) A A A A A A None
4.34 Ice cream parlors 2530 722213 P P 1 per 350 s.f. GFA
4.35 Industrial equipment, plumbing supplies and other heavy consumer goods not otherwise listed, sales and service, with or without outdoor storage 2120 2127 444190 811310 C P 1 per 500 s.f. GFA
4.36 Laundry and drycleaners (coin-operated) 2600 812310 C P P 1 per 500 s.f. GFA
4.37 Laundry and drycleaners (drop-off and pick-up only) C P P P 1 per 500 s.f. GFA
4.38 Legal offices 2411 541110 P P 1 per 350 s.f. GFA
4.39 Lumber yard and building material sales, wholesale or retail 2126 3510 444190 421320 C P 1 per 1,000 s.f. GFA
4.40 Manufactured home, modular home, mobile home, or storage building sales 2112 45390 P 1 per 1,000 s.f. GFA
4.41 Motorcycles, retail sales and/or repair 441221 891490 P P 1 per 600 s.f. GFA
4.42 Newsstands 2135 451212 C P P None
4.43 Nurseries and greenhouses, commercial 9140 8400 1114 C P 1 per 1,000 s.f. GFA
4.44 Office, bank credit union or saving institution building, with drive-through facility 2200-
2455 5140-
5160 6800-
6820
2100 51-55
61 92
P P 1 per 350 s.f. GFA
4.45 Pawnshops and secondhand goods, retail sales 2140 P P 1 per 500 s.f. GFA
4.46 Personal Services (e.g., nail salons, barbers, shoe repair, and similar establishments) 2600 812 C P P 1 per 350 s.f. GFA
4.47 Pet store or pet supply store 2710 453910 P C 1 per 350 s.f. GFA
4.48 Pharmacy or Drugstore with other retail sales 2621 446110 P 1 per 350 s.f. GFA
4.49 Photography studio 2147 541921 P P 1 per 350 s.f. GFA
4.50 Rentals; Truck, Utility, RV, Trailer 2332 53212 S P 1 per 500 s.f. GFA
4.51 Restaurants 2500 2220 P C 1 per 150 s.f. GFA
4.52 Retail sales or service establishments, not listed elsewhere, and conducted within an enclosed building 2100 4445 P C 1 per 350 s.f. GFA
4.53 Shoe repair 2600 P C 1 per 350 s.f. GFA
4.54 Shoe store 2133 448210 P C 1 per 350 s.f. GFA
4.55 Shopping Center, including between 30,000 to 100,000 gross square feet of building area and between three to ten acres of site area 2510 44-45 P By Individual Review
4.56 Shopping, Home improvement Center 2122 2592 444130 P 1 per 350 s.f. GFA
4.57 Shopping, malls, shopping centers, or collection of shops not otherwise enumerated 2500 P By Individual Review
4.58 Tailor or Dressmaking (not including textile manufacturing) 3130 315211 315212 P P 1 per 350 s.f. GFA
4.59 Tanning salons 2600 812199 P 1 per 350 s.f. GFA
4.60 Tattoo parlors C 1 per 350 s.f. GFA
5.0 Industrial Uses
5.1 Carpentry, floor, and tile contractor 7310 235510 235520 P 1 per 500 s.f. GFA
5.2 Contractors' offices with outdoor storage areas (including equipment storage) 7110-
7450
23110-
235990
P 1 per 1,000 s.f. GFA
5.3 Contractors' offices without outdoor storage areas 7110-
7450
23110-
235990
P P P 1 per 350 s.f. GFA
5.4 Electrical component assembly operations 3360 2621 334418 S P 1 per 500 s.f. GFA
5.5 Food Manufacturing and Bakeries 2151 311 C P 1 per 500 s.f. GFA
5.6 Industrial parks 2614 P By Individual Review
5.7 Laboratories and other facilities for research and testing of products 2416 2615 54138 P By Individual Review
5.8 Laboratories: dental, medical and optical 6513 621511 C P 1 per 500 s.f. GFA
5.9 Light assembly of pre-manufactured parts P 1 per 500 s.f. GFA
5.10 Machine shop, welding shop (enclosed buildings) 332710 P 1 per 1,000 s.f. GFA
5.11 Metal shops 3340 234990 3335 P 1 per 1,000 s.f. GFA
5.12 Newspaper production 4211 511110 P 1 per 1,000 s.f. GFA
5.13 Recycling Centers P 1 per 1,000 s.f. GFA
5.14 Salvage Yards 2120 C 1 per 1,000 s.f. GFA
5.15 Scrap metal collection and processing, including collection of aluminum cans, including outdoor operations 4343 421930 C 1 per 1,000 s.f. GFA
5.16 Scrap metal collection and processing, including collection of aluminum cans, provided all operations are within an enclosed building 421930 P 1 per 1,000 s.f. GFA
6.0 Warehousing and Storage Uses
6.1 Mini Warehouse/Self-Storage 3600 2710 2720 S P 1 per 6 storage units
6.2 Refrigerated warehouse or cold storage 3600 2750 C P 1 per 500 s.f. GFA
6.3 Storage of equipment for use in activities associated with the Principal Use, and not for sale or resale (subject to Article 10) C P None
6.4 Warehouse and distribution structures, generally 3600 2730 2740 2760 493 P 1 per 1,000 s.f. GFA
7.0 Assembly, Institutional and Entertainment
7.1 Adult Uses (subject to Article 7) C 1 per 350 s.f. GFA
7.2 Bingo establishments 5330 713290 P 1 per 350 s.f. GFA
7.3 Bowling alley P 2 per lane
7.4 Churches, synagogues, parish houses, Sunday school buildings, convents and similar uses and their customary uses including child care on the premises during worship services 6600 3500 P P P P P P 1 per seat in main assembly room
7.5 Community centers, meeting halls, community halls, reception halls, wedding halls, for assembly and recreation 3700 3800 A A A P P P 1 per 350 s.f. GFA
7.6 Entertainment establishments, such as lounges, discos, nightclubs, private clubs, and music or dance establishments (not including Adult Businesses) 2540 722410 P 1 per 350 s.f. GFA
7.7 Fitness centers and recreational sports, gym, health spa, massage parlor, swimming pool/auditorium, racquet club or athletic club 5370 71394 512131 P 1 per 350 s.f. of GFA; 1 per 4 members
7.8 Golf courses, public and private, and driving ranges 5370 P P P 2 per hole
7.9 Golf, miniature 5340 P 2 per hole
7.10 Open space, park or active recreational uses operated on a non-commercial basis 5500 712190 P P P P P P P None
7.11 Private or non-profit clubs, including country clubs, athletic clubs, lodges, fraternal organizations, and swimming clubs on a noncommercial membership basis. Includes social, fraternal, social service, union and civic organizations. 6830 71391 C C C P P P 1 per 4 members
7.12 Recreation or amusement enterprises conducted inside or outside a building for profit, not otherwise listed 5300 71399 P By Individual Review
7.13 Recreation, indoor commercial (e.g., billiards, darts, and video games) 5380 3200 71312 P 1 per 350 s.f. GFA
7.14 Recreation, outdoor commercial (including amusement parks, paintball) 5310 4440 71311 P P By Individual Review
7.15 Skating Rink - Ice or Roller Skating 5390 P P 1 per 350 s.f. GFA
7.16 Sports stadiums, arenas, circuses, coliseums, or assembly halls, less than two (2) acres (including parking areas) 5120 3300 711211 P P By Individual Review
7.17 Swimming Pool P P P A A A By Individual Review
7.18 Temporary carnivals, rides, Ferris wheels 5310 P P By Individual Review
7.19 Theaters (outdoor) 5110 3110 3120 512131 P P By Individual Review
7.20 Theaters or auditoria (indoor) 5110 3110 3120 512131 P P 1 per 5 seats
7.21 Zoos, botanical gardens, & arboreta 5230 4450 71213 P C 1 per 1,000 s.f. GFA
8.0 Public, Institutional or Community Facilities
8.1 Cemeteries P P P P P P None
8.2 Crematorium & Embalming 6720 4800 81222 P 1 per 500 s.f. GFA
8.3 Day Care Facility 6562 6244 C C P P C 1 per 200 s.f. GFA
8.4 Funeral homes 6710 4800 81221 P P 5, plus 1 per 2 seats
8.5 Hospitals, sanitariums 6530 4110 622 P P 0.5 per bed
8.6 Libraries 4242 4300 51412 S C P P P P 1 per 350 s.f. GFA
8.7 Medical and dental clinics or offices, ambulatory or outpatient care, family planning and care, and blood or organ banks 6511 6512 6514 4120 C P P P 1 per 150 s.f. GFA
8.8 Museums and art galleries 5210 4400 71211 P P P 1 per 1,000 s.f. GFA
8.9 Schools, academic, nursery and preschool, grade schools, elementary, middle, and high school 6110-
6123
4210 6111 P P P P P P 5 per class-
room, plus 10 admin. spaces
8.10 Schools, academic, continuance, alternative, adult, colleges and universities, and technical, trade, and other specialty schools 6124-
6140
4220 6113 P P P 5 per class-
room, plus 2 per admin. office
8.11 Schools, art, music, dance, dramatics, or other fine arts 6145 611610 P P P 1 per 200 s.f. GFA
8.12 Schools, specialty including beauty, business management, computer training, driving education, flight training, and sports or recreation education 6141-
6144 6147
P P P 5 per class-
room, plus 2 per admin. office
8.13 Social assistance, welfare and charitable services (excluding day care and community food services) 6560-
6568
624110-
624310
C P P 1 per 500 s.f. GFA
8.14 Specialized training and vocational rehabilitation services P 1 per 350 s.f. GFA
8.15 Studios for artists, designers, musicians, photographers, sculptors 5210 4410 71211 A A A P P P 1 per 350 s.f. GFA
8.16 U.S. Postal Services 491110 P P P 1 per 350 s.f. GFA
9.0 Public Administration
9.1 Public Administration; general government 92 P P 1 per 350 s.f. GFA
9.2 Justice, Public Order, and Safety 922190 P 1 per 350 s.f. GFA
9.3 Courts 922110 P 1 per 350 s.f. GFA
9.4 Correctional Institutions 922140 S P 1 per jail cell, plus 1 per 250 s.f. GFA
9.5 Fire protection 922160 P P P P P P P 4 per bay
9.6 Public Finance activities 921130 P P 1 per 350 s.f. GFA
9.7 Other General Government Support 921190 P P 1 per 350 s.f. GFA
10.0 Transportation Uses and Structures
10.1 Bus maintenance, including repair and storage 5400 P P 1 per 500 s.f. GFA
10.2 Bus passenger stations/terminals 4133 5300 C P 1 per 500 s.f. GFA
10.3 Freight terminals & truck terminals 4140-
4144
484110-
484230
C P 1 per 500 s.f. GFA
10.4 Parking lots, parking structures or underground parking areas 5200-
5250
A A A P P By Individual Review
10.5 Taxi stands 4137 A A A P None
10.6 Transportation Services 485991 P 1 per 500 s.f. GFA
11.0 Utility Uses and Structures
11.1 Cell towers, communication towers, and antennae (subject to Article 7) 4230 6500 5133 S S C C P None
11.2 Gas or electric generation distribution facilities, compressor stations, or substations 4310 6410-
6422, 6440-
6460
2211 S S S P P P P 1 per 500 s.f. GFA
11.3 Power generation plants 6430-
6434
P 1 per 500 s.f. GFA
11.4 Public utility storage and service yards 2450 561210 S P 1 per 500 s.f. GFA
11.5 Radio/Television Station with Transmitter Tower 4231 6510 5131 C P 1 per 500 s.f. GFA
11.6 Radio and TV stations and studios with no tower transmissions 4231 P C P 1 per 500 s.f. GFA
11.7 Sewage treatment plant, pump stations, or (major) lift stations 4340 6300-
6314 6350-
6356
22132 P 1 per 500 s.f. GFA
11.8 Solid waste collection centers, solid waste transfer stations, recyclable materials, yard waste and similar items 4343 562111 562119 C P 1 per 500 s.f. GFA
11.9 Utility lines (including electric lines, phone and cable lines, distribution circuits, gas and fuel lines, water lines, steam and air conditioning lines, irrigation channels, and sewer and waste water lines) 6100-
6162
P P P P P P P 1 per 500 s.f. GFA
11.10 Water supply facilities including pump stations, dams, levees, culverts, water tanks, wells, treatment plants, reservoirs, and other irrigation facilities 6200-
6290
P C P 1 per 500 s.f. GFA
12.0 Agriculture Production and Services
12.1 Agricultural uses including raising crops, horticulture, orchards, forestry, and related uses, excluding livestock, unless otherwise listed in this matrix 9100-
9165 9300-
9510
8100-
8300 8700
11 P P P P None
12.2 Kennels, animal pounds and shelters 6730 8700 81291 C P 1 per 1,000 s.f. GFA
13.0 Signs (See Article 9)
14.0 Temporary Uses (See Article 7Section 7.19)
15.0 Home Occupations (See Article 10Section 10.12)

 

Section 6.4. - Dimensional Standards in Base Zoning Districts.

General

This section establishes minimum and maximum standards for the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings pursuant to S.C. Code § 6-29-720.

No land or building shall hereafter be used or occupied, and no building or structure, or part thereof, shall be constructed, erected, altered or moved unless in conformity with all of the regulations specified in this section for the zoning district in which it is or will be located. No building permit shall be issued unless the proposed building or structure conforms to the standards established in this section.

Non-residential uses shall conform to the requirements of the Dimensional Standards, Table 6-2, and the following additional requirements. The requirements established below supersede the requirements of Table 6-2 to the extent of any inconsistency for non-residential uses in residential districts:

a.

The minimum setbacks for lot lines adjoining residential districts shall be fifteen (15) feet.

b.

The maximum height for buildings or structures on lots adjoining residential districts shall not exceed thirty-five (35) feet, except as provided in the I, Industrial District.

6.4.1 Residential Density

No building, structure or land shall hereafter be used or occupied in excess of the prescribed density regulations, nor accommodate a greater number of dwelling units than prescribed for in the zoning district in which it is or will be located in accordance with the limitations established in Table 6-2, Dimensional Standards.

6.4.2 Dimensional Standards for Lots

No permit for development shall be issued for a lot that does not meet the lot area requirements of Table 6-2, Dimensional Standards, except for Nonconforming Lots of Record, or developments subject to maximum density in lieu of minimum lot size requirements (see Table 6-2).

6.4.3 Setbacks, Generally

[Commentary—Setbacks are the required distance between the lot line or right-of-way and structures. Yards are the areas within the setbacks. See Article 12 for definitions.]

Building setbacks for each zoning district are set forth in Table 6-2, Dimensional Standards.

Setbacks for buildings or structures are measured as the distance between the furthest vertical wall plane of a principal structure and the property line of the lot on which the structure is located, except as modified by the standards of this section.

Where a yard abuts a street, the setback shall be measured from the abutting street right-of-way line. Whenever a lot abuts upon a service lane or an alley, one-half (1/2) of the service lane or alley width may be considered as a portion of the required yard.

[Commentary—Typically, the side and rear setback is measured from the property line, while the front setback is measured from the right-of-way because the front yard adjoins the street.]

Setbacks shall be unobstructed from the ground to the sky except as specified in this section.

Whenever more than one (1) principal building is to be located on a lot, the required yards shall be maintained around the group of buildings. Buildings shall be separated by a horizontal distance of at least twice the amount of the required side setback.

6.4.3.1 Front Setbacks

The minimum or maximum front setback may be adjusted for any lot where the average established front setback on developed lots located within two hundred (200) feet on each side of such lot, and fronting on the same street as such lot, is less or more than the minimum or maximum required setback. In such cases, the minimum or maximum front setback on such a lot may be less or more than the required front setback, but shall not vary by more than three (3) feet from the average of the existing front setbacks on the developed lots within two hundred (200) feet of each side. Where the applicant requests an adjustment in the front setback, the applicant shall provide the average setback measurements based upon public records or actual measurements. Where the Zoning Administrator requires an adjustment in the maximum front setback, such information shall be provided by the Zoning Administrator. The Administrator is also authorized, but not required, to provide data pertaining to the average setback for designated areas of the town for purposes of this section.

Where a lot fronts on two (2) non-intersecting streets, or two (2) intersecting streets forming an angle of sixty (60) degrees or less, front yards setbacks shall be provided on both streets.

Where a principal use building or structure is oriented to face away from the street on which it fronts, said building or structure shall conform to the required front yard setback for the district in which it is located. Any accessory use(s) prohibited from required front yards within such districts are prohibited within the required front yard setback from a principal use building or structure facing away from the street.

Where a frontage is divided among districts with different front yard requirements, the deepest front yard applies to the entire frontage.

No structure other than a driveway, sign, fence, gate, sidewalk or berm shall be erected or permitted to be located in a required front yard area.

TABLE 6-2 DIMENSIONAL STANDARDS

Minimum Lot Minimum Yard and
Building Setback (A)
Zoning
District
Residential (sq. ft.)
Non-Residential (sq. ft.)
Width (ft.)
Maximum Gross Density (du/g.a.) (C)
Floor Area Ratio (Non-Res.) (D)
Impervious Surface Ratio
Minimum Lot Frontage (ft.)
Maximum Building Height (ft.) (B)
Minimum Front (ft.)
Maximum Front (ft.)
Minimum Side (Res.) (ft.)
Minimum Side (Non-Res.) (ft.)
Minimum Rear (Res.) (ft.)
Minimum Rear (Non-Res.) (ft.)
1. RS-1, Single-Family Residential 15,000 25,000 100 4.0 .25 0.2 40 35 25 40 10 30 15 50
2. RS-2, Mixed Residential (E) 15,000 75 8.0 .25 0.2 40 35 15 35 5 30 15 40
3. RS-3, Mixed and MH Residential (E) 10,000 50 10.0 .35 0.3 15 35 5 25 5 20 10 40
4. RG, General Residential (E) 7,500 50 10.0 .35 0.3 15 35 5 25 5 15 10 35
5. GC, General Commercial 6,000 6,000 60 4.0 0.7 50 35 25 40 5 5 20 10
6. OC, Office Commercial 6,000 6,000 60 4.0 .35 0.7 50 35 25 40 5 5 20 20
7. I, Industrial 60 0.9 100 35 60 (F) 15 (F) 20

 

Notes to Table 6-2:

Generally the requirements for the parameters set forth in the columns above, relate to the zoning district specified in the row under Column A. A "—" indicates that the requirement does not apply within the particular zoning district. Fractions shall be rounded up.

Refer to Article 10Section 10.5 and 10.6 for yard and setback requirements.

References to Table 6-2:

(A)

Measurement from property line

(B)

Measurement from average elevation of the finished grade at the building line to the highest point on the roof

(C)

Measurement in dwelling units per gross acre

(D)

Measurement as percent of total lot area

(E)

6,000 sq. ft. for single-family dwelling; 12,500 sq. ft. for duplex; 4,000 sq. ft. for each unit over two (2), where permitted in Table 6-1

(F)

No setback requirements except where a building or use is contiguous to a residential use in a Residential Zone District, then a minimum setback equal to the setback required in the contiguous residential district shall be required

Irrespective of the height limits prescribed in Table 6-2, Dimensional Standards, the following height limits shall apply to freestanding structures not intended for human occupancy as listed in Table 6-3, Exceptions to Height Limitations.

TABLE 6-3 EXCEPTIONS TO HEIGHT LIMITATIONS

Structure Height Limit
1. Airway beacons None
2. Construction cranes
3. Structures for essential services
4. Windmills
5. Smokestacks
6. Antennae See Article 7Section 7.14 and Article 10Section 10.9
7. Transmission towers
8. Flagpoles The maximum height permitted in the district or forty-five (45) feet, whichever is less.
9. Monuments

 

Section 6.5. - Zero Lot Line Units.

Purpose
The purpose of this section is to provide reasonable design standards for detached single family dwelling development with zero lot lines. In a zero lot line development, houses are shifted to one side of the lot. This provides for greater usable yard space on each lot. These developments require that planning for all house locations in a subdivision are done at the same time. Because the exact location of each house is predetermined, greater flexibility in site development standards is possible while assuring that the single-family detached character of a neighborhood is maintained.

Applicable Standards
Zero lot line homes shall conform to the standards contained in this section and all other applicable standards in this Ordinance.

Overhang Easement Required
The eaves on the side of a house with a reduced setback may project a maximum of fifteen (15) inches over the adjacent property line. In this case, an easement for the eave projection shall be recorded on the deed for the lot where the projection occurs.

Maintenance Easement Required
An easement to allow for maintenance or repair shall be provided when the eaves or side wall of a house are within five (5) feet of the adjacent property line. The easement on the adjacent property shall provide at least five (5) feet of unobstructed space between the furthermost projections of the structure and be wide enough to allow five (5) feet between the eaves or side wall and the edge of the easement.

Side Wall Windows
If the side wall of the house is on the property line, or less than three (3) feet from the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot are not permitted. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a semi-transparent or opaque window, are allowed provided they are permitted by the International Building Code.

Minimum Distance between Structures
In no case shall the reduced setbacks result in a distance of less than ten (10) feet between residential structures.

Setbacks Delineated
The reduced setbacks shall be clearly denoted on the preliminary subdivision plan and final plat.