The purpose of this Article is to prescribe commercial regulations which differ by district. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which it applies.

(Ord. No. 3066, § 4, 4-22-2024)

(a)

In General. Every use, building site and structure must comply with the regulations set out in the following tables: Table 7C-1. Uses; Table 7C-2. Yards (or 'setbacks'); Table 7C-3. Open & Pervious Areas; Table 7C-4a. Garage Space; Table 7C-4b. Buildings; Table 7C-5a. Parking, Driveways, Etc.; Table 7C-5b. Certain Structures; Table 7C-6. Building Site Dimensions.

(b)

Projections. Permissible projections into yards, and details about computation of open and pervious areas, are set out in Table 7C-7, the "Projections Schedule."

Note 1. Private Green Space. Vineyards, gardens, landscaping, private playgrounds and other similar uses that are predominantly pervious, vegetated and non-commercial are allowed in all districts. Unless otherwise authorized by a special exception, the only structures allowed are fences, playground equipment and landscaping structures (e.g., low, retaining walls, borders, etc.). The ZBA may issue a special exception to authorize other structures. The special exception shall include a site plan specifying and limiting allowable structures. If so ordered by the ZBA, the site plan controls over any other ordinance to the contrary. However, the site plan may not specify yards (or "setbacks") different from those otherwise required, unless the ZBA finds that the different yards are: (i) necessary for efficient use of the available space and (ii) compatible with nearby sites and their uses. The special exception may allow accessory structures without a principal building.

Note 2. Accessory Uses and Structures. In the indicated districts, the ZBA may issue a special exception to authorize additional uses and structures, if the ZBA finds and determines that each additional use and structure is: (i) accessory to a lawful primary use and (ii) compatible with nearby sites and their uses. The special exception may include a site plan identifying and limiting such uses and structures.

Note 3. Park, Playground, Etc. In the C District, a park, playground or community center may be privately or publicly owned.

Note 4. School (other). A special exception may authorize this use on sites wholly within the C District or partially within the C District and partially within another district.

Note 5. Uses in TCC. The only uses allowed in TCC are retail, light office use, and food service use. TCC does not allow for residential use of any kind, bars or club uses, entertainment venues, sexually oriented businesses, auto-intensive uses, gambling establishments, surgical or emergency clinics, or any medium commercial uses.

Note 6. Hours of operation. In the C, TCC and PDD-C1 districts, hours of operation for commercial uses shall not unreasonably impact the residential character of adjoining residential districts. All operations, including deliveries and other outdoor activity, shall comply with the City's noise regulations; see Chapter 54 of the Code of Ordinances. All commercial garbage and trash collection activities shall comply with Chapter 38 of the Code of Ordinances.

Note 1. Through Lots or Building Sites or Rear Through Lots or Building Sites. If a lot or building site extends all the way through a block so that the front and rear both abut a street area, there is no rear yard. The site is a "through" or "rear through" lot or building site, and is considered to have two front yards, one at each street frontage. Front yard (setbacks) shall be as provided in Table 7C-2. Exceptions: 1) if the site is "flag" shaped or irregular, the "flag" portion shall have the same setback as the adjoining building sites fronting that street; 2) If a through lot abuts a Major Thoroughfare and a local street and has a lot depth less than 160 feet, then the lot shall have a front yard on the local street and a back yard on the Major Thoroughfare. Provided, further, there shall be no vehicular access to the street adjacent to the back yard; 3) If a through lot abuts Auden Street and a dead-end street, then the lot shall have a front yard on Auden Street and a back yard on the dead-end street. Provided, further, there shall be no vehicular access to the street adjacent to the back yard.

Note 2. Common Walls. In the C district, the ZBA may issue a special exception for a zero-width side yard, but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls (in either case with a four-hour fire rating or better) along the property line.

Note 3. Major Thoroughfares. The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a major thoroughfare, if the front yard prescribed is at least 10 feet deep, and if the special exception requires the greatest practicable amount of pervious area in the front yard.

Note 4. Yards in TCC. In TCC, the front street line is designated as the common boundary of the building site and the Edloe Street street area. For building sites with a side street along Rice Boulevard, the side yard shall be zero feet. For building sites with a side street line along University Boulevard, the side yard shall be five feet. The rear yard may be reduced by any future reduction in the width of the utility easement along the Poor Farm Ditch.

Note 1. Landscaping Strips. Vegetated pervious areas required as follows: (a) minimum five feet wide adjacent to each street area (or 3.5 ft. if located in front of a fence or wall at least 3.5 feet high), and (b) minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary. Exception: Strips are not required along alleys or where they must be crossed by sidewalks or driveways. Strips along street areas must have live, evergreen shrubs (maximum spacing is 3.5 ft.) and live qualified trees under Chapter 82 of the Code of Ordinances (maximum spacing is 20 ft.). The administrative official may approve different spacing for shrubs or trees, upon a showing that (i) the spacing is allowed by standard urban forestry criteria for the particular species and location and (ii) the spacing will comply with Chapter 82. The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area, if the ZBA finds that the particular landscaping will, in all probability, be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property.

Note 2. Pervious Pavement. In a QMDS, the area of the holes or gaps (if actually pervious) counts toward pervious area requirements (but no more than 30% out of any area with pervious pavement may count).

Note 3. Visual Buffer Zone. In TCC, along the east edge of each property a landscaped buffer zone shall be established consisting of trees, shrubs, and other durable vegetation adequate to minimize the transmittal of light and provide a visual buffer between a use in TCC and adjacent SF district properties. Evergreen shrubs shall be planted to form a continuous hedge with no gaps. Shrubs shall be hardy species that will withstand freezing temperatures. The plants shall be at least 18 inches in height as measured from the surrounding soil line and shall have a maximum 18 inch width at the widest portion when planted. Shrubs shall be capable of growth to not less than 48 inches in height when measured from the surrounding soil line and shall form a continuous hedge within three annual growing seasons. Shrubs shall be maintained at a height that does not interfere with overhead utility lines Trees planted in the buffer zone shall not interfere with overhead utility lines.

Note 1. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway in another location or with a different design than prescribed by this table, if it finds that: (i) the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations.

Note 1. Height In C District. In the C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to the nearest part of an SF District.

Note 2. Building Code. Separation requirements are in addition to other requirements of building codes and other ordinances. See Code of Ordinances.

Note 3. Rooftop Mechanical Equipment. In the C and TCC districts, any rooftop mechanical equipment, whether new or replacement equipment, shall be accommodated within the maximum building height limit and shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building. This may include use of sloped roofs, a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted, provided that all such building features comply with and do not project above the maximum building height limit.

Note 4. Building Placement and Maximum Height in TCC. In TCC, the following height restriction shall apply: (i) Principal buildings shall be located in the front 60 feet of the building site and shall be limited to 2 stories and 35 feet in height, including any rooftop mechanical equipment. (ii) Accessory structures shall be located in the rear 70 feet of the building site and shall be limited to 35 feet in height, including any rooftop mechanical equipment. (iii) Any rooftop mechanical equipment, whether new or replacement, shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building. This may include use of sloped roofs, a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted, provided that all such building features comply with and do not project above the maximum building height limit.

Note 5. Street Level Orientation in TCC. In TCC, the first floor of all buildings shall be at grade level. Elevated structures with open areas or parking below the second floor are not permitted.

Note 1. Width measurement methods. Minimum driveway width refers to unobstructed vehicular access path and, for non-SFD use, pavement. Maximum driveway width refers to maximum width of pavement in a front yard or street area, excluding complying curb cut aprons. Maximum curb cut width refers to the width of the driveway plus aprons, measured at the edge of the roadway.

Note 2. Grouped or shared parking.Article 10 also provides for a special exception, in certain circumstances.

Note 3. Parking exclusivity (non-SFD uses). Required parking spaces must be kept open, readily accessible and used for parking only, with no sales, dead storage, display, repair work, dismantling or servicing of any kind. Required guest parking spaces must be kept open and reserved for that use only.

Note 4. Pavement. The administrative official may approve other pavement designs and materials if the pavement designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to water runoff.

Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Exception: The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances. These additional curb cuts are not prohibited and do not require a special exception.

Note 6. Route; Alternating Driveways. Each driveway must connect garage space to the street by the most direct route. On narrow sites where alternate side yard areas apply (see "Yards" table), the following special restrictions also apply: (A) there must be a driveway located as nearly as practicable to one side of the site; (B) the side is determined in accordance with the established driveway pattern for the block face in question, if there is such a pattern; and (C) if there is no such pattern, and if there is an adjacent driveway on one adjoining building site but not the other, the driveway must be on the side farthest from the adjoining driveway. Exceptions: (i) this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City, and (ii) a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree.

Note 7. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway (or other maneuvering area) in another location or with a different design than prescribed by this ordinance, if it finds that: (i) the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations.

Note 8. Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop counts toward minimum parking space dimensions if actually usable as "overhang" and not needed for maneuvering area.

Note 1. Height in C District. In the C District, no part of any structure (except a fence) may be higher than the horizontal distance from that part to the nearest part of an SF District.

Note 2. Utility Poles. An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high, if the administrative official certifies that the additional height is necessary to separate wires of different voltages and capacities from each other and from the ground, applying standard technical codes and utility safety guidelines.

Note 1. 4,500 Square Foot Exception. A structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet of total area, if the building site: (i) was improved with a principal building in existence on the 1987 effective date or for any period of twenty consecutive years prior to the 1987 effective date, under circumstances where there was no additional land used for the building site, and (ii) was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments, or as specifically allowed by Article 5.

Note 2. 4,300 Square Foot Exception. A structure may be located on an old building site with at least 40 feet of width and at least 4,300 square feet of total area, if the building site: (i) was created by subdivision plat approved by the city council or the Z&PC, (ii) has not been made smaller thereafter for any reason.

Note 1. Porch In Front Yard. On a building site in a residential district with a front yard depth of 20 feet or more, a porch may project up to 120 inches into the front yard if it meets all of the following criteria:

(i) It is neither designed nor usable for motor vehicles;

(ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line (Example: the maximum projecting volume on a 52½-foot wide site would be 50 cubic feet x 52.5, or 2,625 cubic feet);

(iii) The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens. (b) A solid or partially open safety rail not higher than 3.5 feet above the porch floor. (c) Supporting vertical columns, if the total width of the outer faces of the columns does not exceed either 50% of the outside perimeter of the porch or 25% of the theoretical outside perimeter of a maximum-sized porch. The width of a column is measured at its thickest point above 3.5 feet above the porch floor. The "maximum-sized porch" is 120 inches deep and extends from one side yard line to the other, but it is limited by the open area requirement for the front yard. The "outside perimeter" of a porch is the portion of the perimeter out in the front yard; it does not include the portion of the perimeter adjacent to a building or lying along the front setback line;

(iv) At no point in the front yard does the porch have a height greater than the depth of the front yard (Example: if the depth of the front yard is 20 feet, the maximum height in the front yard is also 20 feet); and

(v) No projecting balcony or enclosed, habitable space shall be constructed or placed above the ceiling of a projected porch.

Note 2. Gas Pipeline Sites. A principal building may project into the front yard if: (a) the building site includes land in the rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a gas transmission (not distribution) pipeline; (b) no part of the principal building, except items that are otherwise allowed to project into front setback areas, is within twenty feet of the front street line; and (c) The entrance to garage space is not closer than thirty feet to the front street line.

Note 3. Buildings In Rear Yard or SF Bufferyard. A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria: (a) No part of the building may be closer than five feet to the rear property line (or to any SF District, if in a SF Bufferyard). (b) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), it may have no window, door or other opening above the ground floor (and facing the property line of the other building site), except for translucent (but not transparent), non-operable openings. (c) Space in any projecting building may only be used for single-family (detached) use. (d) A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space, and there is no more than 600 square feet of building space, other than garage space, in the projecting part). See garage restrictions in Article 10.

Note 4. Railway/Gas Sites. A building may be located in a rear yard if: (a) the yard abuts land used for railway purposes or gas transmission (not distribution) pipeline purposes; (b) the building does not occupy any area subject to a utility easement or drainage easement, unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroachment; and (c) the building is an accessory building. If these criteria are met, the normal restrictions for rear yard projections do not apply (see notes above).

Note 5. Garages in Side Yards. A building may project toward an interior side property line (not a side street line) if it meets all of the following criteria: (a) No part of the building may be closer than three feet to the side property line. Exception: Eaves may be as close as two feet. (b) The projecting part may only contain garage space and space above the garage (plus stairway and eaves). (c) Any projecting part must be at least seventy feet from the front street line. (d) Within ten feet of another building site in an SF District (whether on the side, rear or otherwise), the building may have no window, door or other opening above the ground floor (and facing the property line of the other building site).Exception: There may be translucent (but not transparent), non-operable openings.

Note 6. Equipment in Rear or Side Yard.

REAR YARD: Indicated equipment may project into a rear yard only if: (a) separating the equipment from any building site across the rear lot line, there is a solid wall at least one foot higher than the highest part of the equipment; (b) if the equipment occupies any part of an easement under the control of the City, the City has issued a separate acquiescence or consent to the occupancy of the easement; (c) there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official; (d) the base of the equipment is not higher than 14 inches above the ground (Exception: The base may be elevated to the minimum level of the lowest floor of the principal building, as established by the City's flood damage prevention ordinance, if that level is higher than 14 inches above the ground.); and (e) if located within five feet of any property line, the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 of the Code of Ordinances.

SIDE YARD: Indicated equipment may project into an interior or street side yard (but not closer than three feet to a property line) only if it is fully encased in a sound-absorbing cabinet, or is otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 of the Code of Ordinances. However, equipment replacing older equipment in a side yard may project as close as 18 inches to a property line, if the fire marshal determines that such projection will not significantly interfere with emergency access, either on the same site or on another site.

NEW AND REPLACEMENT EQUIPMENT: These rules apply to all new and replacement equipment. Exception: If older equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be installed on the same structure. If the older equipment was lawfully installed without the required separating wall, the wall must be provided, but it may be either solid or at least 50% solid (e.g., lattice). All other rules apply.

Note 7. Basketball Goals. No part of the equipment may be closer than ten feet to any street line.

Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by city ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances; provisions in PDD schedules for front fences). Also in the Code of Ordinances, there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences, certain "fence-like hedges" and other things in visibility areas (Chapter 82).

Note 8.2. Fence-like hedges. Fence-like hedges within the front yard (setback) of a building site containing no principal building are prohibited. This provision applies to all adjacent side yard building sites and rear through building sites. Visibility triangles and visibility areas, as defined by this ordinance, are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances.

Note 9. Swimming Pools. Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances.

Note 10. Lampposts. Maximum diameter of projecting posts is six inches; maximum height is eight feet.

Note 11. Rotated Corner Fences. Notwithstanding any other provision of this ordinance or any other ordinance, no fence is allowed in the side street yard of a rotated corner building site (Rotated Corner Overlay District), except for temporary construction fences required by Chapter 18 of the Code of Ordinances.

Note 12. Old Stock Housing. The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard, rear yard or an SF Bufferyard, if the ZBA determines: (i) the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded (up to a total gross floor area, for all buildings on the site, that does not exceed the greater of 3,400 square feet or 200% of the gross floor area of all the buildings on the site when the principal building was built, before 1980); and (ii) there will be no substantial adverse impact upon nearby properties.

(Ord. No. 3066, § 4, 4-22-2024)