[Amended 6-27-2016 by Ord. No. 16-08; 4-17-2023 by Ord. No. 23-01]
All lots and structures must adhere to Table 13.3, Dimensional
and Density Standards.
Table 13.3. Dimensional and Density Standards
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Minimum Lot Requirements
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Minimum Setback Line Requirement
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Zone
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Lot Area
(square feet)4
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Width
(feet)
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Depth
(feet)
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Front5
(feet)
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Side
(feet)
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Rear
(feet)
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Max. Height1
(feet)
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Max. Lot Coverage2 (%)
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R-1 Single-Family Residential
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Single-family detached
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5,000
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50
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100
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20
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6
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30
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35
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50%
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Manufactured home
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5,000
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50
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100
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20
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6
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10
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35
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50%
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R-2 Duplex Residential
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Single-family detached
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5,000
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50
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100
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20
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6
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30
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35
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50%
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Duplex
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3,000/ unit
6,000/ duplex
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30/unit
60/duplex
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100
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20
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6
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30
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35
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50%
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R-3 Townhouse Residential
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Single-family detached
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4,000
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40
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100
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20
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6
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30
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35
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60%
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Duplex
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2,500/ unit
5,000/ duplex
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25/unit
50/duplex
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100
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20
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6
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30
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35
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60%
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Townhouse
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1,800
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18
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100
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15
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30
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35
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70%
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R-4 Multifamily Residential
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Single-family detached
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4,000
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40
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100
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20
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6
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30
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35
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60%
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Duplex
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2,500/ unit
5,000/ duplex
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25/unit
50/duplex
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100
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20
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6
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30
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35
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60%
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Townhouse
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1,800
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18
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100
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15
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30
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35
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70%
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Multifamily
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7,500
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75
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100
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15
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45
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70%
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C-1 Neighborhood Commercial
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Commercial
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7,500
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75
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100
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20
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10
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20
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35
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70%
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Single-family detached
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4,000
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40
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100
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20
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6
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30
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35
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60%
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Duplex
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2,500/ unit
5,000/ duplex
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25/unit
50/duplex
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100
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20
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6
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30
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35
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60%
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C-2 Central Commercial
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Commerical/Mixed use/nonresidential
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2,500
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25
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100
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Min-0
Max-15
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Min-2 stories
Max-35
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85%
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Single-family detached
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3,600
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36
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100
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Min-0
Max-15
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6
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20
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Min-2 stories
Max-35
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85%
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Duplex
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2,500/ unit
5,000/ duplex
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25/unit
50/duplex
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100
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Min-0
Max-15
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6
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20
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Min-2 stories
Max-35
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85%
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Townhouse
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1,800
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18
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100
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Min-0
Max-15
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20
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Min-2 stories
Max-35
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85%
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Multifamily
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7,500
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75
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100
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Min-0
Max-15
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45
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85%
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C-3 Service Commercial
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Commercial
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7,500
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75
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150
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25
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10
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20
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35
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50%
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TND Traditional Neighborhood Development
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Single-family detached
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2,880
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36
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80
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Min-0
Max-20
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5
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20
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Min-1.5 stories
Max-35
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70%
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Duplex
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2,000/ unit
4,000/ duplex
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25/unit
50/duplex
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80
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Min-5
Max-20
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5
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20
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Min-2 stories
Max-35
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70%
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Townhouse
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1,440
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18
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80
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Min-5
Max-20
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20
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Min-2 stories
Max-45
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85%
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Multifamily
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7,500
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75
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100
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Min-5
Max-20
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Min-2 stories
Max-45
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85%
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Non- residential (retail, service, office, institutional)
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2,500
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25
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100
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See § 440-128, Development standards
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45
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85%
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Residential above retail/office
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See § 440-128, Development Standards
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45
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N/A
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Mixed-use buildings
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2,500
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25
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100
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See § 440-128, Development standards
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Min-2 stories
Max-45
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85%
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NOTES:
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1.
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See § 440-142, Height limit exemptions.
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2.
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Includes both principal and accessory buildings, and impervious
coverage.
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3.
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Tract area is the minimum acreage or square footage needed to
develop land for each unit type.
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4.
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Lot area is the minimum lot size for each dwelling unit type.
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5.
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See § 440-145, Front yard adjustments.
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The height limitations of this chapter do not apply to appurtenances
usually required to be placed above the roof level and not intended
for human occupancy. Such appurtenances are:
H. Television antennas for residential use.
The front yard required for a dwelling in any zone which permits
residences may be reduced in the case of a dwelling to be located
between two existing dwellings or in line with an existing structure
which lacks the required front yard. In the case of two nonconforming
front yard setbacks on adjoining lots, the front yard shall not be
less than the average of the two adjoining lots.
All new construction in residential zones shall have a minimum
roof pitch of 4:12 and a maximum of 12:12 (measured as the ratio of
the roof's rise to its horizontal run).
Fences and walls shall be permitted in any residential zone,
subject to the City Manager's approval of materials and the following
restrictions:
A. Height limitations for fences and walls.
(1)
Front yard: shall not exceed four feet in height.
(2)
Side or rear yard: The maximum height shall be six feet.
(3)
Setback: six inches from property line.
B. No fence shall be erected, altered, or maintained in such fashion
as may cause danger to traffic on a street, alley, or public road
by obscuring the view.
C. Chain-link fences are permitted in residential zones only in the
rear yard.
At street intersections, nothing shall be built, placed, planted,
or allowed to grow higher than three feet within the "sight triangle"
measured along the right-of-way line above the curb level of the intersecting
streets for a distance of 20 feet from the intersection and formed
by connecting the respective twenty-foot distances. Obstructions existing
at the time this chapter is adopted may remain.
If wetlands are designated as existing on a property, all applicable
federal, state, and county agencies' regulations shall apply.
The City of Harrington shall require the reservation of recreational
open space in accordance with the provisions of this section as a
condition of approval for all TND, major subdivisions, and residential
developments requiring conditional use approval, site development
plan approval, or land subdivision approval by the Planning Commission.
A. Recreational open space areas.
(1)
Purpose. The purpose of this section is to ensure that active
recreation areas are provided as an integral design element within
residential developments and that such facilities are of an adequate
scale in relation to the size of the residential development and provide
residents with a variety of active recreational pursuits.
(2)
Definition. The following are illustrative of the types of active
recreation areas and passive open space, including subsequent facilities
that shall be deemed to serve recreational and open space needs, and
therefore to count toward satisfaction of the requirements of this
section.
(a)
Active recreational open space. Land set aside as a part of
a development project that is intended and designed to be used for
active recreational activities. Active open space must be free of
site constraints that would restrict the use and enjoyment of the
open space by the community. A combination of two or more of the following
features or facilities shall be used:
[1]
Athletic facilities, ball fields, and courts.
[2]
Swimming pools, saunas, and exercise rooms.
[4]
Pocket parks with permanent amenities.
[5]
Community gardens and orchards.
[6]
Village greens, public plazas, and/or squares with permanent
amenities.
[7]
Outdoor educational facilities.
[8]
Outdoor meeting or festival grounds.
[9]
Trails with fitness stations.
[10] Walking, jogging, and biking trails when constructed
as an accessory to central recreation facilities. The developed trail
shall be the only area counted toward the area requirement.
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(NOTE: Permanent amenities include, but are not limited to,
fixed benches, fixed picnic tables, pavilions, amphitheaters, kiosks,
fountains, monuments, trash receptacles, bicycle racks, aesthetic
lighting, perennial gardens, and similar features.)
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(b)
Passive open space: land set aside as part of a development
project that is intended to be left in its natural state, and enjoyed
for its aesthetic and ecological values. Any public use of the passive
open space should be consistent with the preservation of ecological
functions of the open space.
[1]
Green space; open fields, if an integral part of the design.
[3]
Nature preserves, fish and wildlife areas, etc.
[4]
Identified areas of cultural resources.
[5]
Areas used for stormwater management ponds, drainage swales,
rain gardens, or other BMPs if the features are an integral component
of the overall design, as approved by the Planning Commission.
(c)
The following activities or land uses may not be counted as
a part of designated open space:
[1]
Existing rights-of-way and utility easements.
(3)
Area required.
(a)
All residential developments shall provide that a contiguous
recreational area in a size equal to 7 1/2% of the gross area
of the development be so dedicated or reserved when the gross area
is greater than five acres.
(b)
The minimum area of an active recreation area shall be 5,000
square feet.
(4)
Design guidelines.
(a)
Integrated. Passive and active open space areas shall be an
integral component of the overall development design. Active open
space should be integrated with passive open space and natural areas
whenever practical.
(b)
Accessible. Recreation areas shall be accessible within the
development and arranged in a manner which affords reasonable access
to all residents within the development. When warranted, recreation
areas can be dispersed throughout the development, provided that each
remote location is accessible.
(c)
Pedestrian-oriented. Recreation areas shall be pedestrian-oriented
and designed with linkages to existing and planned public walkways
and with other existing or planned recreation areas.
(d)
Age-oriented. The nature and scope of planned recreation areas
shall reflect an awareness of, and sensitivity toward, the anticipated
age groups that would reside within the proposed development.
(e)
Parking. Designs shall consider the need for parking facilities
associated with recreation areas.
(f)
Setbacks. No structure, equipment, or game court surface required
under this section shall be located nearer than 30 feet to any lot
line of a lot to be used for residential purposes, nor nearer than
25 feet to any right-of-way line.
(g)
Landscaping. Such uses shall be landscaped as determined by
the Planning Commission during the site plan approval process, and,
where warranted, visual screening of parking areas, game courts, playground
areas, and other features as necessary to preserve and protect the
interests of adjoining residential properties may be required.
(h)
Protected. Passive open space shall be permanently protected
through deed restrictions or conservation easements. Passive open
space shall be demarked with permanent markers to ensure against encroachment.
(i)
No structures, lot lines, or infrastructure shall be permitted
within passive open space, with the exception of walking trails.
(j)
Active recreation facilities shall be designed and installed
using National Recreation and Park Association (NRPA) standards, and
in accordance with Accessible Recreation Facilities Guidelines.
(5)
Cash in lieu of recreation area construction.
(a)
Determination of suitability for cash donation. If the Planning
Commission determines that the construction of recreation is not practical
due to close proximity to existing available recreation facilities
or infeasible due to natural characteristics of the land or will not
benefit the residents of the development, the Planning Commission
shall require a full or partial cash donation to be made by the developer
in lieu of a full or partial dedication of land.
(b)
Amount of each donation. The cash donation shall be as set forth in Chapter
180, Fees, Municipal. The amount shall be reviewed on a regular basis as part of the budgetary process. The payment in lieu of recreation area construction shall be a maximum of 50%.
(c)
Payment of cash donation. One hundred percent of the cash donation
provided under this section shall be collected prior to issuing the
first zoning compliance certificate for the development.
B. Management and maintenance of common open space and recreational
areas.
(1)
Management and maintenance required. There shall be provisions
which ensure that the common open space land and all public facilities
not dedicated to the City of Harrington shall continue as such and
be properly maintained. These provisions shall be in a form acceptable
to the City of Harrington. The developer shall either a) retain ownership
and responsibility for maintenance of such open land; or b) provide
for and establish one or more organizations for the ownership and
maintenance of all common open space. In the case of b) above, each
organization shall be a nonprofit homeowners' corporation, unless
the developer demonstrates that a community open space trust is a
more appropriate form of organization.
(2)
Homeowners' association requirements. If a homeowners' association
or open space trust is formed, it shall be governed according to the
following:
(a)
Membership mandatory. Membership in the organization is mandatory
for all purchasers of homes therein and their successors. The members
of the organization shall share equitably the costs of maintaining
and developing common open space and recreation areas, in accordance
with procedures established by them.
(b)
Responsibilities. The organization shall be responsible for
maintenance, insurance, and taxes on common open space, recreation
facilities, and open public facilities, including but not limited
to roads, gutters, sidewalks, curbs, drainage systems, water distribution
systems, and sewer facilities not dedicated to the City of Harrington.