NOTES TO SCHEDULE OF REGULATIONS:

(a)

For all uses permitted other than single-family residential, the setback shall equal the height of the main building or the setback required in Article IV in this chapter, whichever is the greater setback.

(b)

In the case of a rear yard abutting a side yard, the exterior side yard setback abutting a street shall not be less than the minimum front yard setback of the district in which located and all regulations applicable to the front yard shall apply. In the R-4 district, when single-family homes are erected as attached dwelling units, the interior side yard setback requirements of the district shall not apply. Except as specifically permitted in the R-4 district, accessory buildings and accessory structures shall be subject to the applicable requirements of Article XXIX, Accessory uses, of this chapter as amended, and the applicable requirements of Chapter 18, Article IV, as amended, pertaining to fences.

(c)

The minimum site area in the RM-1 district shall be 15,000 square feet (0.34 acre).

In an RM-1 Multiple-Family District (Low Rise), the total number of rooms of 80 square feet or more (not including kitchen and sanitary facilities) shall not be more than the area of the parcel in square feet, divided by 1,600. All units shall have at least one living room and one bedroom, except that not more than ten percent of the units may be of an efficiency type.

In an RM-2 Multiple-Family District (High Rise), the total number of rooms of 80 square feet or more (not including kitchen and sanitary facilities) shall not be more than the area of the parcel in square feet, divided by 400. All units shall have at least one living room and one bedroom, except that not more than ten percent of the units may be of an efficiency type.

In both the RM-1 and RM-2 Districts, for the purpose of computing the permitted number of dwelling units per acre, the following room assignments shall control:

Plans presented showing 1, 2, or 3 bedrooms units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing dwelling density.

In an RM-2 Multiple-Family District (High Rise), multiple-family residential buildings three stories or less in height (low rise) shall conform to the requirements of the RM-1 district as set forth in this Article, Schedule of Regulations.

(d)

In RM-1 and RM-2 districts, along Riverside Drive, the following standards shall be permitted as exceptions to the schedule of regulations:

RM-1 (along Riverside Drive): Side yards of at least ten feet shall be provided on each side of the lot, with a one-half foot increase for each one foot or part thereof by which the length of the multiple dwelling exceeds 50 feet in overall dimension along the adjoining lot line. Parking shall not be permitted in a yard abutting Riverside Drive. The minimum lot area for any multiple-family along Riverside Drive shall be no less than 8,700 square feet. The density of development shall comply with this section, notes to schedule of regulations.

RM-2 (along Riverside Drive): Side yards shall be equal to a total of at least 60 feet with greater side equal to at least 40 feet. Spacing between two buildings on lots of separate ownership shall be arranged so that the buildings will be at least 60 feet apart. Front yards shall be equal to at least 25 feet. Parking shall not be permitted in a yard abutting Riverside Drive.

The minimum distance between residential dwelling buildings in the same development shall be in accordance with the distance spacing formula provided on the accompanying diagram.

Distance Spacing for Multiple Dwellings

S

= ;hg;Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either.

L _A

= ;hg;Total length of building A.

The total length of building A is the length of that portion or portions of a wall or walls of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.

L _B

= ;hg;Total length of building B.

The total length of building B is the length of that portion or portions of a wall or walls of building B from which, when viewed from directly above, the lines drawn perpendicular to building B will intersect any wall of building A.

H _A

= ;hg;Height of building A.

The height of building A at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

H _B

= ;hg;Height of building B.

The height of building B at any given level is the height above natural grade level of any portion of portions of a wall or walls along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

(e)

For certain nonresidential uses and for independent and dependent senior housing developments, consult the text of Article VIII in this chapter for additional setback requirements as they may apply to these uses.

(f)

Reserved.

(g)

Off-street parking shall be permitted to occupy a portion of the required front yard provided that there shall be maintained a minimum unobstructed and landscaped setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest street or road right-of-way line.

(h)

Except as otherwise permitted in this footnote, on both sides of West Jefferson Avenue within the CBD Central Business District, the front walls of all buildings shall be placed directly on the front property line. In the case of a corner lot, the front of the building may face the side street, but the side wall of the building facing West Jefferson Avenue shall be located directly on the front property line. Except, upon the recommendation of the downtown development authority, the planning commission may permit a building to set back from the front property line, so long as the area within any such setback consists entirely of a decorative masonry and/or concrete surface which may include live landscape planting materials and architectural accents, and which is designed and intended solely for pedestrian use and enjoyment. All walls facing West Jefferson Avenue in the CBD district shall be provided with at least one public entry.

No side yards are required along the interior side lot line of the district, except as otherwise specified in the building code, provided that if walls of structures facing such interior side lot lines contain windows, or other openings, side yards of not less than ten feet shall be provided.

On a corner that has a rear yard abutting a residential district, there shall be provided a side yard setback of ten feet on the side street lot line. On an interior lot that has a common side lot line with a residential district, there shall be provided a side yard setback of ten feet on the side lot line abutting the residential district. On a corner lot that does not abut a residential district, there shall be provided a side yard setback of ten feet on the side street lot line.

Side Yards Abutting a Street

(i)

Loading and unloading shall be provided as set forth and regulated in Article XXVI in this chapter.

(j)

Off-street parking for visitors, over and above the number of spaces required in Article XXVI in this chapter, shall be permitted within the required front yard setback of the district to a point not less than 20 feet from the front property line, except along Fritz Drive, where a minimum front yard setback of 35 feet shall be provided and wherein no off-street parking shall be permitted in the front yard.

(k)

Except when a greater building setback is required as stipulated for a specific use in the text of the I-1 districts or as stipulated for a particular use or outdoor storage area as specified in the text of the I-2 districts, no building or open storage shall be located closer than 50 feet or the height of the building, whichever is the greater to the outer perimeter (property line) of such district when said property line abuts any residential district.

(l)

Except when a greater building setback is required as stipulated for a specific use in the text of the I-1 districts or as stipulated for a particular use or outdoor storage area as specified in the text of the I-2 districts, no building or open storage shall be located closer than 50 feet or the height of the building, whichever is the greater to the outer perimeter (property line) of such district when said property line abuts any residential district.

All storage shall be in the rear yard and shall be completely screened with an obscuring wall not less than six feet high, or with a chain-link-type fence in combination with a heavy landscape planting screen, or by a landscaped earth berm the height of which shall not be less than six feet so as to obscure the view of any such storage area from any adjacent residential, office, or business district or from a public street.

(m)

No building shall be closer than 50 feet to any adjacent residential district.

(n)

Reserved.

(o)

For every two feet of increased building height over 100 feet the front yard setback shall be increased one foot. The maximum required setback shall be 300 feet.

(p)

For other than one single-family detached dwelling unit on one lot, or on one single-family detached condominium site, see Article IV, One-family cluster housing option, regarding single-family residential flexibility allowances.

(q)

In the R-4 districts, when one dwelling unit is attached to another on a block frontage, the minimum lot width, lot area and the minimum interior side yard setback requirements of the district need not apply. In no instance, however, shall the maximum dwelling unit density limitations of the district be exceeded.

(r)

When a garage is built into the principal building and not attached thereto, or detached therefrom, the number of stories in the principal building may be increased to three stories and the height increased to 28 feet. When a room shall have roof dormers, the full width of any roof dormer shall face only open areas and not onto any roof of an attached building, unless the ridge line of the attached roof shall be at least six feet below the bottom sill of the dormer window.

(s)

Homes with functional green roof area: The adjacent open-air outdoor space intended for use by building occupants or other persons that does not meet the definition of functional green roof area, such as a patio or deck, may be exempted from the calculation of gross floor area of the building only after the granting of a special permit by the planning commission. The total space exempted in such a manner shall not exceed 15 percent of the amount of functional green roof area on the building and all such usable outdoor space shall be set back at least ten feet from all outer roof edges. In granting the special permit, the planning commission shall consider the location and orientation of the patio or deck in relation to adjacent properties and potential visual, noise and privacy impacts of the anticipated use on abutters.

(Ord. No. 802, § 1, 12-14-2020)