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Valparaiso City Zoning Code

ARTICLE 12

Modulation

DIVISION 12.300 MODULATION OF ZONING STANDARDS

This Division will provide alternative standards for alley lots, windowless walls, building separation, and the creation of new housing types for the housing palette.

Sec. 12.101 Purpose

The purpose of this Article is to provide for flexibility with regard to the application of zoning and subdivision standards, within limits that protect the character and function of the community.

Effective on: 1/1/1901

Sec. 12.102 Applicability

The standards of this Article may be applied at the applicant's option, as provided herein.

Effective on: 1/1/1901

Sec. 12.201 Mews Arrangement

  • Generally. The mews arrangement is a site layout in which homes front on a common green and vehicular access is by way of alleys. See Figure 12.201, Mews Arrangement.
  • Modulation. Small lots may take alley access and front on mews (common greens) if it is demonstrated that:
    1. The mews are not longer than the shorter of:
      1. 300 feet; or
      2. 10 lots; and either
    2. The lots are less that 10,000 square feet in area and used for single-family detached dwelling units; or
    3. The lots are used for attached dwelling units, except multifamily dwelling units.
    • Figure 12.201:
    Mews Arrangement

    Mews Arrangement (shown with patio homes)

    Effective on: 1/1/1901

    Sec. 12.202 Lot Shapes

  • Generally. Generally, lot shall be rectangular or "pie-shaped." However, alternative lot shapes may be approved where:
    1. The alternative shape is necessary due to the shape of the parcel proposed for development;
    2. The alternative shape does not interfere with the efficient development of other property; and
    3. The lots allow for a building envelope that is adequate for conventional building design. See Figure 12.202.A., Building Envelope.
    • Figure 12.202.A.:
    Building Envelope

    Building Envelope

    1. Adjacent Open Space or Conservation Easement. Where lots are surrounded by open space or conservation easements, an approximately trapezoidal shape may be used to maximize the benefits of the open space and reduce the length of streets. See Figure 12.202.B., Conservation, Natural Resources, or Open Space.

    Figure 12.202.B.:
    Conservation, Natural Resources, or Open Space

    Conservation Easement on Private Lots

    Open Space / Natural Resource Protection Area

    1. Curvilinear Streets. Irregular lots are permitted where the street alignment would otherwise force larger, pie shaped lots and the use of irregular lots would allow for smaller lots and more access to open space. See Figure 12.202.C., Curvilinear Streets.
    Figure 12.202.C.:
    Curvilinear Streets

    Curvilinear Streets

    1. Large Lots. Where lots exceeding three acres are provided, the lot shape that provides efficient use of the land and minimum lot size may be used. See Figure 12.202.D., Large Lots.
    Figure 12.202.D.:
    Large Lots

    Large Lots

    Effective on: 1/1/1901

    Sec. 12.203 Building Pads

  • Generally. Where lots are greater than one acre in size and an applicant wants to locate buildings in a manner that results in a more casual neighborhood layout without the character of buildings lining up along a street on the setback line, the preliminary plat shall propose building pads for each lot that are varied as to setbacks. The plan shall be approved if compliance with all of the standards of this Section is demonstrated.
  • No Loss of Privacy. There is no loss of privacy due to homes are located closer to each other than would be the case if the yards required by the underlying district regulations were applied.
  • Environmentally Sensitive. Pads are located to avoid impacts on natural resources or to provide a better view of protected resources or designated open space.
  • Landscaping. The density of landscaping is increased to enhance the natural character of the development compared to what would be required by the minimum standards of Article 12, Landscaping.
  • Edges of Parcel Proposed for Development.
    1. If the side lot lines or rear lot lines of a lot abut an adjacent parcel or lot with the same zoning designation, located outside of the parcel proposed for development, then the minimum setbacks shall be maintained.
    2. If a property line of a lot is an existing residential street, then the building pads approach provided in this Section may be used, provided that:
      1. Front yards are reduced by not more than 10 percent; and
      2. Additional street trees or front yard landscaping is used.
  • Review. The City may require an applicant to modify or relocate proposed building pads if the City finds that the proposed building pad layout would negatively affect the character of the street.

    • Effective on: 1/1/1901

    Sec. 12.204 Connection to Abutting Parcels

  • Generally. Generally, adjoining parcels shall be connected as they develop separately over time. This Section provides the circumstances in which connections will not be required.
  • Modulation. Modulation of the connection requirement shall be granted if any of the following are demonstrated:
    1. If the neighboring property has provided a stub to the subject property, the connection shall be made unless there is a high quality wetland that would be destroyed as a result of the connection.
    2. A connection would result in floodplain being filled to a greater extent than provided by Division 4.500, Floodplain and Wetland Standards. 
    3. If there would be a major cost involved, such as a bridge over an irrigation canal, and the Planning Department believes a connection is not needed at this location to provide good connectivity, then the modulation shall be permitted. If there is a stub on the other side, the City may require a pedestrian bridge to improve access.

    • Effective on: 1/1/1901

    Sec. 12.205 Intersection Spacing

  • Generally. Intersections may be spaced closer together than allowed by Article 10, Streets and Utilities, as provided in this Section.
  • Modulation. In either of the following circumstances, modulation of the intersection spacing requirements of this UDO shall be granted unless a reasonable alternative street configuration exists that will provide the separation:
    1. If the depth of a block is less than these distance required between intersections; or
    2. If topographic, natural resource protection, or ownership obstacles make providing the required separation impractical.
  • Limitation. A shorter distance between intersections may be permitted pursuant to subsection B., above, only in cases where the City Engineer determines that:
    1. The shorter distance will result in conditions that are either comparable or better with regard to public safety than the minimum required separation distance; and
    2. The shorter distance does not compromise the function of the street.

    • Effective on: 1/1/1901

    Sec. 12.301 Yard Modulation for Alley Accessed Lots

  • Generally. Where an alley is used to provide primary or sole vehicular access (see Section 12.201, Mews Arrangement), yard adjustments may be allowed to achieve a more urban streetscape and provide for larger rear yards.
  • Modulation. The City shall allow modulation of front yards upon review of the front yard setbacks along both sides of the street segment that includes the parcel proposed for development. The City may require a larger than minimum setback or additional landscaping to make an appropriate transition between units with the reduced yards and existing dwellings with conforming yards. Modulation pursuant to these standards may be approved within the following limits:
    1. The front yards of single-family or two-family homes may be reduced to a minimum of 12 feet, provided that the rear yard is increased by an amount that corresponds to the decrease in the front yard.
    2. The front yards of attached single-family dwelling units may be reduced to a minimum of eight feet, provided that the rear yard is increased by an amount that corresponds to the decrease in the front yard.

    • Effective on: 1/1/1901

    Sec. 12.302 Building Separation for Attached Dwelling Units

  • Generally. Various attached dwelling unit types have no side yards. Spacing between attached units are regulated by building spacing, which requires breaks between groups of units in order to provide light, air, and access. These spacing requirements may be modified as provided in this Section.
  • Irregular Facing Walls. Where facing building planes are not parallel, or are irregular, the average distance between the adjoining walls shall be used to measure building spacing, provided that:
    1. The building spacing at the closest point between the two buildings is not more than 20 percent less than the requirement; and
    2. All building and fire code requirements are met.

    • Effective on: 1/1/1901