The property development standards established by this Code shall be considered minimum standards for each and every Building or Structure existing on March 25, 1996, and for any Building or Structure hereafter erected or structurally altered. No land required for Setbacks or for Lot Area for an existing Building or Structure or required for any Building or Structure hereafter erected or Structurally altered, shall be counted as a Setback or Lot Area for any other Building or Structure.

Property development standards schedules. The following property development standards schedules provide tabular summaries of the dimensional and site development standards applicable within residential and nonresidential zoning Districts. The schedules are intended for reference and do not necessarily reflect all of the regulations that may apply to particular Uses or Districts. In the event of conflict between these property development standards schedules and the zoning district standards set out in Secs. III-B and III-C, the standards of Secs. III-B and III-C shall control. The compatibility standards of Sec. IV-C may require greater setbacks or allow lesser heights than specified in either the property development standards schedules or the zoning district standards. Also, other applicable City or County development codes may have requirements that take precedence.

Property Development Standards - Residential Zoning Districts

1. Standards may be higher if private water or septic; minimum area for nonresidential established by County Health Dept.

2. Maximum height = 45 feet if located at least 25 feet from all lot lines; no height limit for barns, silos and similar farm buildings.

3. Minimum lot width = 35 feet for single-family; 50 feet for all other uses.

4. One foot of additional height is allowed for each foot of setback beyond minimum required setbacks.

5. 40 feet for lots within MH subdivisions; 200 feet for MH parks; 100 feet for all other uses.

6. For zero lot line developments, see the property development standards section of the use district.

7. 5,000 square feet for lots within MH subdivisions; 5 acre minimum lot area for MH parks in the city; minimum lot area of MH parks in the county determined by County Department of Code Enforcement.

8. See Section III-B.10.d.(4).

Property Development Standards - Nonresidential Zoning Districts

1. No interior side setback is required in these districts, but if a side setback is provided it must be at least five feet in width.

2. Height may be increased above the 60 and 80 foot limits allowed. In the GO district, one foot of additional height is allowed for each foot of setback beyond minimum required setbacks. In the LC, GC, LI and GI districts, two feet of additional height is allowed for each one foot of setback beyond minimum required setbacks.

3. Minimum lot sizes are required for residential uses (see specific district); minimum lot sizes are established by County Health Dept. for use of private water or septic.

1.

Property development standards

a.

District size. District size refers to amount of Contiguous land area with the same zoning District classification.

b.

Lot Area. Lot Area refers to the amount of horizontal land area within Lot Lines. No building permit or development approval shall be issued for a Lot that does not meet the minimum Lot size requirements of this Code except in the following cases.

(1)

Reduction for public purpose. When an existing Lot is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum Lot Area for the District in which it is located, then that remaining Lot shall be deemed to comply with the minimum Lot Area standards of this Code.

(2)

Utility facilities. Utility facilities using land or an unoccupied building requiring less than 1,000 square feet of site area are exempt from the minimum Lot Area requirements of all zoning Districts.

(3)

Single-Family Dwelling Unit exemptions. The minimum Lot Area requirements of this Code for Districts permitting Single-Family Dwelling Units shall not be interpreted as prohibiting the construction of a Single-Family Residential Dwelling Unit on a Lot of Record that existed prior to adoption of zoning for subject property.

c.

Lot Width. Lot Width refers to the horizontal distance between the side Lot Lines as measured along a straight line parallel to the front Lot Line or the chord thereof. The minimum Lot Width shall be measured between the side Lot Lines along the line that is parallel to the front Lot Line and located the minimum Front Setback distance from the front Lot Line. In the case of cul-de-sac Lots, the minimum Lot Width may be measured between the side Lot Lines along the line that is parallel to the front Lot Line and located at the actual front Building Setback Line.

d.

Density. Density refers to the number of Dwelling Units for each (gross) acre of land. Density shall be calculated by dividing the number of Dwelling Units by the Lot Area (in acres).

e.

Setbacks. Setbacks refer to the unobstructed, unoccupied Open Space between the furthermost projection of a structure and the property line of the Lot on which the Structure is located, except as modified by the standards of this section. Setbacks shall be unobstructed from the ground to the sky except as specified in this section.

(1)

Features allowed within Setbacks. The following structures and features may be located within required Setbacks:

(a)

Trees, shrubbery or other features of natural growth; except that, within the City and those portions of the county along urban standard roads (curbs and gutters), when shrubbery or other features of natural growth have more than 80 percent opacity, the maximum height along the side Lot Line shall not exceed three feet within 20 feet of its intersection with the street right-of-way line, and further that along any Lot Line within 20 feet of the intersection of the street right-of-way with an ingress/egress driveway, the minimum height shall not exceed three feet.

(b)

Fences or Screening Walls that do not exceed eight feet in height as measured on the side of the Fence with the least vertical exposure above finished grade; except that within the City and in those portions of the County along urban standard roads (curbs and gutters), for Fences or Screening Walls with more than 80 percent opacity, the maximum height along the side Lot Line shall not exceed three feet within 20 feet of its intersection with the street right-of-way line, and further that along any Lot Line within 20 feet of the intersection of the street right-of-way with an ingress/egress driveway, the maximum height shall not exceed three feet.

(c)

Driveways, patios and sidewalks;

(d)

Signs, if permitted by applicable Sign Code;

(e)

Bay windows, architectural design embellishments, and cantilevered Floor Areas of Dwelling Units that do not project more than two feet into the required Setback;

(f)

Eaves that do not project more than two and one-half feet into the required Setback;

(g)

Open outside stairways, decks, entrance hoods, terraces, canopies and balconies that do not project more than five feet into a required Front or Rear Setback nor more than two feet into a required Side Setback;

(h)

Chimneys, flues and ventilating ducts that do not project more than two feet into a required Setback and when placed so as not to obstruct light and ventilation;

(i)

Open, unenclosed Porches and carports that do not project more than eight feet into a required Front Setback nor more than five feet into a required Rear Setback;

(j)

Utility lines, wires and associated structures, such as power poles, or bus shelters;

(k)

Detached unenclosed canopy structures over motor fuel pump islands, drive-throughs, bank aisles, and Automated Teller Machines, provided that the supports for the structures and the equipment they cover shall be located at least ten feet from the right-of-way, and provided that no portion of the canopy shall project over the public right-of-way, utility easements, required landscape area, required Setback Abutting a residential zoning District, or any Abutting property line. Whenever the equipment ceases to be used for its purpose, the equipment and, all canopies shall be removed within 90 days or prior to conversion of the property to another use, whichever occurs first.

(l)

Window wells not over eight inches above grade may project a maximum of 44 inches, including all structural elements.

(m)

Condensing units may be placed in accordance with the provisions of Secs. III-D.7.e(1) and III-D-7.e(3).

(2)

Setbacks measured from proposed rights-of-way. In areas where a development plan for road improvements has been approved and adopted by the Governing Body, minimum Front Setbacks shall be measured from the proposed right-of-way line.

(3)

Setbacks from major roadways. The minimum zoning District Setbacks notwithstanding, in the unincorporated area of the County no Building shall be erected, enlarged, moved in or reconstructed so as to be closer to the centerline of the roadway than is set forth in the following table:

(4)

Conflict with Building Setback Lines on recorded plats. If the minimum Setback standards imposed by this Code conflict with Building Setback Lines shown on valid, recorded plats, or with the remaining Building Setback Lines that are modified by a valid, recorded vacation order, the minimum Setback shall be the same distance shown on the valid, recorded plat or vacation order.

(5)

Setback averaging

(a)

Residential Districts. If the existing Front Setbacks of developed Lots within the same block and same residential zoning District and fronting on the same side of the Street are less than the required Front Setback of the Underlying residential zoning District, applicants shall be allowed to use the "average" Front Setback on the block. In such cases, the "average Front Setback" shall be the mean (average) Front Setback of all Lots on the same side of the street within the same block as the subject property. In no event shall nonresidential Uses or undeveloped Lots be included in the calculation of the average Setback, and in no case shall more than five Lots on either side of the subject property be included in the calculation. This provision shall not be interpreted as requiring a greater Front Setback than imposed by the Underlying zoning District, and it shall not be interpreted as allowing Setbacks to be reduced to a level that results in right-of-way widths dropping below the minimums established by the 2020 Transportation Plan adopted by the Governing Bodies in December, 1994, and amended from time to time.

(b)

Nonresidential Districts. If the existing Front Setbacks of developed Lots within the same block and fronting on the same side of the street are less than the required Front Setback of the Underlying nonresidential zoning District, applicants shall be allowed to use the "average" Front Setback on the block. In such cases, the "average Front Setback" shall be the mean (average) Setback of all Lots on the same side of the street within the same block as the subject property. This provision shall not be interpreted as requiring a greater Front Setback than imposed by the Underlying zoning District, and it shall not be interpreted as allowing Setbacks to be reduced to a level that results in right-of-way widths dropping below the minimums established by the 2020 Transportation Plan adopted by the Governing Bodies in December, 1994, and amended from time to time.

(6)

Front Setbacks on Corner Lots. In the case of Corner Lots, a Front Setback shall be provided along the shorter street frontage, except that residential Key Lots platted after March 25, 1996, shall provide a Front Setback along all street exposures.

(7)

Setbacks reduced for public purpose. When an existing setback is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining Setback is at least 75 percent of the required minimum Setback for the District in which it is located, then that remaining Setback shall be deemed to be in compliance with the minimum Setback standards of this Code without resort to the Board of Zoning Appeals.

(8)

Rear Setbacks Adjacent to Alleys. Where an Alley has been platted or otherwise dedicated Adjacent to the rear of a Lot, half the width of the Alley may be included in the rear Yard Setback requirement.

f.

Height. Building Height refers to the vertical distance between the average finished grade at the base of the building and: (a) the highest point of the coping of a flat roof; (b) the deck line of a mansard roof; or (c) the average height level between the eaves and ridge line of a gable, hip or gambrel roof. In the case of Fences or Screening Walls, height shall be measured on the side with the least vertical exposure above finished grade of the Building or Structure being Screened to the top of the Fence or Screening Wall.

(1)

Exemptions from height standards. The following Structures and features shall be exempt from the Height requirements of this Code to the extent indicated, except that the compatibility standards of Sec. IV-C shall still be applicable for all structures and features other than utility poles:

(a)

Chimneys, smokestacks or flues;

(b)

Cooling towers and ventilators;

(c)

Elevator bulkheads and stairway enclosures;

(d)

Fire towers;

(e)

Utility poles;

(f)

Belfries, spires and church steeples;

(g)

Tanks, water towers, and silos;

(h)

Monuments and ornamental towers;

(i)

Wireless Communication Facilities, provided that no portion of the tower, antenna, aerial or any anchor or guy may encroach upon the land area or Open Space of any required Front Setback or into any utility easement, and provided that Wireless Communication Facilities that are under City or County government franchise or ownership shall be permitted within the utility easements so long as they otherwise adhere to utility easement agreements.

(j)

Energy Generating Structures not exceeding 45 feet in height, provided that such Structure shall not be located in any required Setback nor be located closer to any Adjacent property than the height of the Energy Generating Structure;

(k)

Noncommercial, ground or structure supported, antennas and aerials that do not exceed a total height of 60 feet above natural grade, provided that no portion of the tower, antenna, aerial or any anchor or guy may encroach upon the land area or Open Space of any required Front Setback or into any utility easement, provided that noncommercial, ground or structure supported antennas and aerials that are under City or County government franchise or ownership shall be permitted within the utility easements so long as they otherwise adhere to utility easement agreements. This 60-foot height limit shall not apply if, after reviewing the application the Zoning Administrator determines that the antenna complies with the following standards:

1)

The antenna structure shall not be located any closer to an interior side property line, a rear property line or utility easement, than one-half of the height of the structure; and

2)

No antenna shall exceed the height permitted by Federal Communications Rules and Regulations pertaining to the Amateur Radio Service and Citizens Radio Service.