Sullivan City Zoning Code
ARTICLE XII
Density and Dimensional Regulations
Section 400.618 Minimum Lot Size.
[Ord. No. 2974 §1(Art. 12 §181), 11-2-2004]
Subject to the provisions of Sections 400.633 (Cluster Subdivisions) and 400.635 (Architecturally Integrated Subdivisions), all lots in the following zones shall have at least the amount of area indicated in the following table:
Zone | Minimum Area (square feet) |
|---|---|
R-1 | 5,000 |
R-2 | 5,000 |
R-3 | 3,000 |
R-4 | 8,000 |
C-1 | 6,000 |
C-2 | 6,000 |
C-3 | 6,000 |
C-4 | no minimum |
C-5 | no minimum |
M-1 | no minimum |
M-2 | no minimum |
Section 400.620 Residential Density.
[Ord. No. 2974 §1(Art. 12 §182), 11-2-2004]
A.
Subject to Subsection (B) and the provisions of Section 400.633 (Cluster Subdivisions) and Section 400.635 (Architecturally Integrated Subdivisions), every lot developed for residential purposes shall have the area per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.
Zone | Lot Minimum Area (square feet) per Dwelling Unit | |
|---|---|---|
R-1 | 5,000 | |
R-2 | 2,500 | |
R-3 | 1,000 | |
R-4 | 8,000 | |
C-1 | 1,500 | |
C-2 | 3,000 | |
C-3 | 4,500 |
B.
Two-family conversions and primary residences with an accessory apartment shall be allowed only on lots having at least one hundred fifty percent (150%) of the minimum square footage required for one (1) dwelling unit on a lot in such district. With respect to multi-family conversions into three- or four-dwelling units, the minimum lot size shall be two hundred percent (200%) and two hundred fifty percent (250%) respectively of the minimum required for one (1) dwelling unit.
Section 400.623 Minimum Lot Widths.
[Ord. No. 2974 §1(Art. 12 §183), 11-2-2004]
A.
No lot, except common ground or utility lot, may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:
1.
Could be used for any purposes that are permissible in that zoning district; and
2.
Could satisfy any applicable setback requirements for the district.
B.
Without limiting the generality of the foregoing standard, the following table indicates minimum lot widths that are recommended and are deemed presumptively to satisfy the standard set forth in Subsection (A). The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot.
Zone | Lot Width (in feet) | |
|---|---|---|
R-1 | 50 | |
R-2 | 50 | |
R-3 | 50 | |
R-4 | 80 | |
C-1 | none | |
C-2 | 50 | |
C-3 | 70 | |
C-4 | 100 | |
C-5 | 100 | |
M-1 | 100 | |
M-2 | 100 |
C.
No lot created after the effective date of these regulations that is less than the recommended width shall be entitled to a variance from any building setback requirement.
Section 400.625 Building Setback Requirements.
[Ord. No. 2974 §1(Art. 12 §184), 11-2-2004; Ord. No. 3002 §1, 6-7-2005; Ord. No. 3176 §1, 8-21-2007; Ord. No. 3382 §1, 2-16-2010; Ord. No. 3483 §1, 9-6-2011; Ord. No. 3483 §1, 9-6-2011]
A.
Subject to Sections 400.628, 400.635 and 400.640 and the other provisions of this Section, no portion of any building or any freestanding structure may be located on any lot closer to any lot line or the street right-of-way line than is authorized in the provisions of this Section.
1.
The setback shall be measured from the lot boundary line.
2.
Corner lots shall have one (1) street identified as the front and the other as the side at the discretion of the Zoning Administrator. The street identified as the side shall have a minimum setback of ten (10) feet.
3.
As used in this Section, the term "building" includes any substantial structure which by nature of its size, scale, dimensions, bulk or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:
a.
Gas pumps, overhead canopies, roofs, awnings and signs. Awnings and signs affixed to a building or freestanding may overhang sidewalks in a "C-1" zoning district without regard to the setback, subject to the approval of the Administrator based upon reasonable safety concerns.
b.
Fences along lot boundaries adjacent to public street rights-of-way if such fences exceed six (6) feet in height or are substantially opaque.
4.
Notwithstanding any other provision of these regulations, a sign may be erected on or affixed to a structure that:
a.
Has a principal function that is something other than the support of the sign (e.g., a fence); but
b.
Does not constitute a building as defined in these regulations, only if such sign is located so as to comply with the setback requirement applicable to freestanding signs in the district where such sign is located.
Minimum Distance From | ||||
|---|---|---|---|---|
Lot Boundary Line (Building and Freestanding Sign) | ||||
Zone | Building | Freestanding Sign | Side | Rear |
R-1 | 25 | n/a | 6 | 25 |
R-2 | 25 | n/a | 6 | 25 |
R-3 | 25 | n/a | 6 | 25 |
R-4 | 25 | n/a | 6 | 25 |
C-1 | — | — | — | — |
C-2 | 25 | 7.5 | 6 | 10 |
C-3 | 25**** | 7.5 | 6 | 10 |
C-4 | 40* | 10** | 6 | 10 |
C-5 | 60 | 10 | 6 | 10 |
M-1 | 40 | 25 | 20*** | 20*** |
M-2 | 40 | 25 | 20*** | 20*** |
Cluster Subdivision | 20 | n/a | 5 | 5 |
* | Except as permitted by Section 400.625(A)(3) or (A)(4). | |||
** | Except as permitted by Section 400.625(A)(3) or (A)(4). | |||
*** | Minimum setback shall be fifty (50) feet when abutting a residential zoning district. | |||
**** | See Section 400.625(E) for exceptions. | |||
B.
Whenever a lot in a non-residential district has a common boundary line with a lot in a residential district and the property line setback requirement applicable to the residential lot is greater than that applicable to the non-residential lot, then the lot in the non-residential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.
C.
Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).
D.
Whenever a private road that serves more than four (4) lots or more than four (4) dwelling units or that serves any non-residential use tending to generate traffic equivalent to more than four (4) dwelling units is located along a lot boundary, then:
1.
If the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the centerline of the private road just as if such road were a public street.
2.
If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes (as set forth above in the column labeled "Minimum Distance from Lot Boundary Line") shall be measured from the inside boundary of the traveled portion of the private road.
E.
Extension or enlargement of non-conforming structures in the "C-3" zoning district on Springfield between Park and Mary Streets.
1.
Structures in this designated area that are currently dimensionally non-conforming as of September 6, 2011, shall be allowed to add onto those structures and maintain the existing front setback or ten (10) feet whichever is greater.
2.
A survey of the property will be required to determine the setbacks unless property corners have already been identified.
3.
The requirements of Article XVIII Parking, Section 400.903 General Design Requirements shall be met.
4.
The regulations in Section 400.625 Building Setback Requirements (E) shall not apply to existing structures that as of September 6, 2011 meet the setback requirements of the "C-3" zoning district.
5.
All other regulations of this Code shall still be enforced.
Section 400.628 Accessory Building Setback Requirements.
[Ord. No. 2974 §1(Art. 12 §185), 11-2-2004]
A.
All accessory buildings in residential districts (i.e., those established by Section 400.503) must comply with the street right-of-way and side lot boundary setbacks set forth in Section 400.625 (except paragraph 3 below), but (subject to the remaining provisions of this Subsection) shall be required to observe only a six (6) foot setback from rear lot boundary lines.
1.
Where the high point of the roof or any appurtenance of an accessory building exceeds twelve (12) feet in height, the accessory building shall be set back from rear lot boundary lines an additional two (2) feet for every foot of height exceeding twelve (12) feet.
2.
Maximum lot coverage of principal and accessory buildings shall not exceed forty percent (40%) of the lot.
3.
Portable vehicle shelters that are pre-engineered, open sided structures are permitted as accessory buildings, if located a minimum of one (1) foot on the side yard and five (5) feet behind the front yard property line. Portable vehicle shelters must house an automobile or pickup truck. The shelter may not be used for other storage purposes.
Section 400.630 Building Height Limitations.
[Ord. No. 2974 §1(Art. 12 §186), 11-2-2004]
A.
For purposes of this Section:
1.
The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.
2.
A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than seventy-five percent (75%) are regarded as walls.
B.
Subject to the remaining provisions of this Section, building height limitations in the various zoning districts shall be as follows:
District | Height Limitation (in feet) | |
|---|---|---|
R-1 | 35 | |
R-2 | 35 | |
R-3 | 45 | |
R-4 | 35 | |
C-1 | 60 | |
C-2 | 45 | |
C-3 | 45 | |
C-4 | 60 | |
C-5 | 60 | |
M-1 | 85 | |
M-2 | 85 |
C.
Subject to Subsection (D), the following features are exempt from the district height limitations set forth in Subsection (B):
1.
Chimneys, church spires, elevator shafts and similar structural appendages not intended as places of occupancy or storage;
2.
Flagpoles and similar devices;
3.
Heating and air-conditioning equipment, solar collectors and similar equipment, fixtures and devices.
D.
The features listed in Subsection (C) are exempt from the height limitations set forth in Subsection (B) if they conform to the following requirements:
1.
Not more than one-third (1/3) of the total roof area may be consumed by such features.
2.
The features described in Subdivision (C)(3) above must be set back from the edge of the roof a minimum distance of one (1) foot for every foot by which such features extend above the roof surface of the principal building to which they are attached.
3.
The permit issuing authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in Subdivisions (C)(1) and (3) from view.
E.
Notwithstanding Subsection (B), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any non-residential building or any multi-family residential building containing four (4) or more dwelling units may not exceed thirty-five (35) feet unless the Fire Chief certifies to the permit-issuing authority that such building is designed to provide adequate access for fire fighting personnel or the Building Inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.
F.
Towers and antennas are allowed in all zoning districts to the extent authorized in the Table of Permissible Uses, use classification 18.000.
Section 400.633 Cluster Subdivisions.
[Ord. No. 2974 §1(Art. 12 §187), 11-2-2004]
A.
In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required by Section 400.618 if such developer complies with the provisions of this Section and if the lots so created are not smaller than the minimums set forth in the following table:
Zoning District (Single-family) | Minimum Lot Area | |
|---|---|---|
R-1 | 4,000 | |
R-2 | 4,000 | |
R-3 | 2,000 | |
R-4 | 6,000 |
B.
The intent of this Section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by Section 400.618. Consequently, if the proposed lot sizes are equal to or greater than the size allowed in Section 400.618, this Section does not apply.
C.
The amount of usable space that must be set aside shall be determined by:
1.
Subtracting from the standard square footage requirements set forth in Section 400.618 and the amount of square footage of each lot that is smaller than that standard;
2.
Adding together the results obtained in (1) for each lot.
D.
The provisions of this Section may only be used if the usable open space set aside in a subdivision comprises at least ten thousand (10,000) square feet of space that satisfies the definition of usable open space set forth in Section 400.660 and if such usable open space is otherwise in compliance with the provisions of Article XIII.
E.
The setback requirements of Sections 400.625 and 400.628 shall apply in cluster subdivisions.
Section 400.635 Architecturally Integrated Subdivisions.
[Ord. No. 2974 §1(Art. 12 §188), 11-2-2004]
A.
In any architecturally integrated subdivision, the developer may create lots and construct buildings without regard to any minimum lot size, lot width or setback restrictions except that:
1.
Lot boundary setback requirements shall apply where and to the extent that the subdivided tract abuts land that is not part of the subdivision; and
2.
Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of these regulations.
B.
The number of dwelling units in an architecturally integrated subdivision may not exceed the maximum density authorized for the tract under Section 400.620.
C.
To the extent reasonably practicable, in residential subdivisions the amount of land "saved" by creating lots that are smaller than the standards set forth in Section 400.618 shall be set aside as usable open space.
D.
The purpose of this Section is to provide flexibility, consistent with the public health and safety and without increasing the overall density, to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development.
Section 400.638 Density on Lots Where Portion Dedicated to City.
[Ord. No. 2974 §1(Art. 12 §189), 11-2-2004]
A.
Subject to the other provisions of this Section, if:
1.
Any portion of a tract lies within an area designated on any officially adopted City plan as part of a proposed public park, greenway, roadway or bikeway; and
2.
Before the tract is developed, the owner of the tract, with the concurrence of the City, dedicates to the City that portion of the tract so designated, then when the remainder of the tract is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated in accordance with the provisions of these regulations.
B.
If the proposed use of the remainder is a single-family detached residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of Sections 400.633 and 400.635 except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the City in accordance with Subsection (A).
C.
If the proposed use of the remainder is a two-family or multi-family project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lots as if it were still part of the lot proposed for development.
D.
If the portion of the tract that remains after dedication as provided in Subsection (A) is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus" provided for in Subsections (B) and (C).
Section 400.640 Zero Lot Line Development Requirements.
[Ord. No. 3382 §2, 2-16-2010]
A.
As used in this Section, the terms "zero (0) lot line lot" or "zero (0) lot line" is a lot created with no side yard setback on one (1) or more sides of the lot. This may be used to divide two (2) or more units where the common wall between the units is determined to be the common boundary line to create two (2) or more separate attached single-family dwelling units. Although each unit is located on a separate lot, this development shall be classified as a multi-family housing development and is subject to all the standards of this Section.
B.
Multi-Family Housing Development Layout And Design.
1.
Zero (0) lot lines shall apply only to side setbacks that serve as common walls between units. Front, rear and side yard setbacks shall comply with existing requirements of Section 400.625.
2.
Zero (0) lot line lots may be less than the minimum acreage for the zoning district as long as the development does not exceed the maximum density for the zoning district.
3.
With approval from the Engineering Department, zero (0) lot line lots may be allowed for attached units only according to the following regulations:
a.
Detached single-family homes shall not be allowed on lots with zero (0) setbacks.
b.
Common walls shall be attached a minimum sixty percent (60%) of the length of the entire building wall.
c.
Preliminary plat for a zero (0) lot line development shall show building footprints for the development.
d.
Covenants and restrictions shall be submitted prior to final approval and shall include a maintenance agreement and appearance standards for the owners of all zero (0) lot line parcels to ensure equal and reasonable maintenance and repair schedules are conducted for all single-family attached residential units.
e.
An eight (8) foot maintenance easement, four (4) feet on each side of any zero (0) lot line side property line to allow for normal maintenance of each single-family attached residential unit, shall be shown on the final plat. This shall apply only to the exterior portion of the building.