[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
Frontage required onto improved street. Each proposed new lot, each
land development and each proposed principal building shall be on
a lot which directly abuts a public street, a street proposed to be
dedicated to the City by the subdivision plan which created or creates
such lot, or a private street which meets all of the requirements
of the Subdivision and Land Development Ordinance.[1] This requirement for frontage shall not be met by an "alley,"
except that a lot with frontage onto a street may be approved to have
its vehicle access onto to alley, if the alley has suitable access
to the street.
(1)
In the case of townhouses, manufactured/mobile home park, or
apartments, each unit may have access onto a parking court which then
has access onto a public or private street meeting City standards,
provided there are City-approved measures to guarantee access to each
dwelling from a public street.
[1]
Editor's Note: See Part 13, Title 3, Subdivision and Land
Development Regulations.
(b)
Number of principal uses and principal buildings per lot.
(1)
A lot may include more than one permitted principal use per
lot and/or more than one permitted principal building per lot, provided
that all of the requirements are met for each use and each building.
If differing dimensional requirements apply for different uses on
the lot, then the most restrictive requirement shall apply.
A.
For example, if Use One requires a 10,000 square feet lot area
and Use Two on the same lot requires a 20,000 square feet lot area,
then the lot shall have a minimum lot area of 20,000 square feet.
B.
The applicant shall submit a site plan that demonstrates that
each structure would meet the requirements of this title.
C.
The uses and buildings shall be in common ownership. However,
a condominium form of ownership of individual buildings, with a legally
binding property-owners association, may be established if the applicant
proves to the satisfaction of the Zoning Officer, based upon review
by the City Solicitor, that there will be appropriate legal mechanisms
in place.
(2)
A manufactured/mobile home park, condominium residential development
or apartment development may include more than one principal building
per lot, provided all other requirements of this title are met. A
condominium form of ownership of individual dwelling units, with a
legally binding homeowners' association, may be established if
the applicant proves to the satisfaction of the Zoning Officer, based
upon review by the City Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
(c)
Minimum size of dwellings. Each dwelling unit shall include a minimum
of 500 square feet of enclosed habitable, indoor and heated floor
area, which shall be primarily above the ground level. This 500 square
footage may be reduced to 400 square feet for each dwelling unit that
is permanently legally restricted to occupancy by at least one person
age 55 and older, with no residents under age 18.
(d)
Maximum occupancy. A recreational vehicle shall not be used as a
residence for more than five days in any calendar year, except as
may be approved within a campground. A mobile/manufactured home shall
not be occupied on a lot as a dwelling unless it meets all of the
requirements for a dwelling. A mobile/manufactured home shall not
be used as a storage building, except as may be allowed temporarily
during on-site construction under a City construction permit.
[Ord. No. 1-2020, 21, passed 6-22-2020]
See § 1315.02.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
In general.
(1)
No lot, structure or use shall be created or developed in such
a way that it would result in another lot, building or use not being
able to meet the requirements of this title. This includes, but is
not limited to: setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All uses and structures shall have adequate
provisions for access by emergency vehicles and fire ladders. See
also the Uniform Construction Code Appendices. Such access shall be
maintained in a passable condition by the owner of the lot, or where
applicable by the property owner association.
(b)
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 1315.02.
(2)
Projections into required yards.
A.
Cornices, footers, eaves, roof overhangs, sills or other similar
architectural features, exterior stairways, unenclosed fire escapes
or other required means of egress, rain leads, chimneys, slanted exterior
doors for basement access, window awnings, chaise for heating pipes
or other similar structures that do not include space usable by persons
may extend or project into a required yard not more than three feet.
B.
Exterior steps, stoops, fire escapes, handicapped ramps, and
landings necessary to provide entrance to a building may be located
within a required setback area.
C.
For decks and porches, see Article 1305.
(3)
Lot widths around curves. Around the bulb of a cul-de-sac street
or on the outside of the curve of a street with a radius of less than
150 feet, the minimum lot width at the minimum required building setback
line may be reduced to 60% of the width that would otherwise be required.
(4)
Front yards. See § 1305.04(c), which may allow a reduced front yard where adjacent buildings have smaller existing front yards.
(c)
Sight clearance at intersections. At the intersection of two streets,
a clear sight triangle shall be provided. Within this triangle, no
visual obstructions shall be allowed between the height of three feet
and 10 feet above the ground level, except for fences that are almost
entirely transparent fences (such as chain link), utility posts, mailboxes,
single sign posts less than one feet in diameter and the trunks of
canopy trees. Regrading shall also not reduce visibility within the
sight clearance triangle. The triangle shall be measured along the
center line of the streets. Each leg of the triangle shall be measured
75 feet from the intersection of the center lines of the travel lanes
of a local or collector street and 150 feet along an arterial street.
A third longer leg shall connect the ends of the two legs to form
the triangle.
(1)
However, in place of the above sight triangle, where a local
street intersects a collector or arterial street with a stop sign
only at the local street, the leg of the triangle along the collector
or arterial street in each direction shall be increased to 250 feet
and the leg along the local street shall be decreased to 20 feet back
from the edge of the intersecting travel lane.
(2)
The clear sight triangle shall be kept free of such obstructions
in perpetuity.
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(3)
Where an alley intersects with a street, a clear sight triangle
shall be required that is 15 feet along the closest cartway of a street
and 10 feet long along the center line of the alley. Where an alley
intersects with another alley, a clear sight triangle shall be required
that is 10 feet long along the center lines of both alleys. For example,
this sight triangle may require that a rear garage be setback from
a corner or that a solid fence be angled near the intersection to
avoid intruding into the sight triangle.
(4)
For driveway sight clearance, see § 1311.03(d).
(d)
Buffers and planting screening. Buffer yards including plant screening
complying with the following standards shall be required under the
following situations, unless a more restrictive provision is established
by another section of this title:
(1)
A minimum eight-foot-wide buffer yard with plant screening shall
be required along the rear and side lot lines of any lot that is developed
for a new principal building or principal parking lot and that is
contiguous to a lot line of a residentially zoned lot occupied by
an existing principal dwelling. If the lots are separated by a street
or an alley open to traffic, the lots shall not be considered to be
contiguous.
A.
If a principal business use will include areas used for manufacturing
or will have a loading dock that will be routinely serviced by two
or more tractor-trailer trucks or refrigerated trucks, then the minimum
buffer yard width along such manufacturing area and/or loading dock
shall be increased to 20 feet and the minimum initial height of plantings
shall be increased to five feet.
B.
The presence of a dwelling on the same lot as a principal business
use shall not by itself require the provision of a buffer yard.
C.
Where a buffer yard will be located along a street, it shall
be designed with a mix of vegetation that allows views at a five feet
to six feet eye level into the site, for security purposes.
D.
A buffer yard is also required to be provided by the following
if they are abutting and visible from a public street or alley:
1.
Along lot lines and street or alley rights-of-way of any newly
developed or expanded outdoor industrial storage or loading area;
or
2.
Along lot lines and street or alley rights-of-way of any newly
developed or expanded area routinely used for the overnight parking
of two or more tractor-trailer trucks or trailers of tractor-trailers.
E.
A lot in the CBD District is not required to provide a buffer
yard.
(2)
A required yard may overlap a required buffer yard, provided
the requirement for each is met. The buffer yard shall be measured
from the district boundary line, street right-of-way line or lot line,
whichever is applicable. Required plantings shall not be placed within
the right-of-way, except that the City may allow deciduous canopy
trees.
(3)
The buffer yard shall be a landscaped area free of structures,
dumpsters, commercial or industrial storage or display, signs, manufacturing
or processing activity, materials, loading and unloading areas or
vehicle parking or display.
(4)
Fence. The City may require the installation of a mostly solid
decorative fence in addition to the plantings. Any wall or fence in
a buffer yard shall be placed on the inside (nonresidential side)
of any required plant screening. If a fence in a buffer yard has one
side that is more finished or smoother than the other side, the more
finished or smoother side shall face the outside of the buffer yard.
(5)
Each planting screen shall meet the following requirements:
A.
Plant materials needed to form the visual screen shall have
a minimum height when planted of four feet. In addition, an average
of one deciduous shade tree, with a minimum trunk diameter of two
inches measured six inches above the finished ground level, shall
be placed for each 50 feet of length of the buffer yard. The shade
trees may be clustered or spaced unevenly.
B.
Plants needed to form the visual screen shall be of such species,
spacing and size as can reasonably be expected to produce within three
years a mostly solid year-round visual screen at least six feet in
height, except where views into a site from a street are needed for
security purposes, in which case the screen should have a trimmed
height of less than five feet.
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Safety in parking areas:
 To allow visibility into parking areas and to avoid crime, use
a mix of low level shrubs and canopy trees with the lowest branches
removed. This allows clear views at eye level.
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C.
The plant screen shall be placed so that at maturity the plants
will not obstruct a street or sidewalk.
D.
The plant visual screen shall extend the full length of the
lot line, except for: a) City-approved points of approximately perpendicular
vehicle or pedestrian ingress and egress to the lot, b) locations
necessary to comply with safe sight distance requirements where the
plantings cannot feasibly be moved further back, and c) locations
needed to meet other specific state, City and utility requirements,
such as stormwater swales.
E.
Weak-stem plants shall not be used to meet the buffer yard requirements.
A monotonous straight row of the same species is discouraged. A more
naturalistic form of planting is encouraged with a mix of species.
If more than 20 evergreen plants are proposed, no more than 50% shall
be of one species.
F.
Evergreen trees should be planted at diagonal offsets so that
there is room for future growth of the trees.
G.
The plant screening shall primarily use evergreen trees.
H.
Modifications. The Zoning Hearing Board may by special exception
reduce the width of the buffer yard and/or modify other provisions
of this section if the requirements cannot be feasibly met or if the
applicant proposes an alternative that would serve the same effect.
(6)
Buffer yard plans. Prior to the issuance of a permit under this
title where a buffer yard would be required, and on any required subdivision
or land development plan, the applicant shall submit plans showing:
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
A minimum of 10% of each lot shall be landscaped in trees, shrubs and vegetative ground cover. This 10% requirement shall be reduced to 5% within the CBD District. Within a subdivision or land development, such 10% shall apply to the entire project, but does not need to be met for each lot, provided that the plan includes standards for each lot to assure compliance with the overall requirement. See also the buffer yard provisions in § 1313.03.
(1)
Any part of a commercial, industrial, institutional or apartment
lot which is not used for structures, loading areas, parking spaces
and aisles, sidewalks and designated storage areas shall be provided
with an all-season, well-maintained vegetative ground cover, and shall
be landscaped with trees and shrubs.
(2)
Landscaped areas shall be kept free of junk, debris, rubbish
and noxious weeds.
(3)
The percent landscaping requirement may be partly met by landscaped
areas placed within a portion of a public right-of-way if approved
by the City. For example, if there is a wide right-of-way that is
not entirely needed for a sidewalk, plantings may be approved between
the sidewalk and a right-of-way line.
(c)
Landscaping maintenance and replacement. All trees and other landscaping
required by this title or the Subdivision and Land Development Ordinance
shall be perpetually maintained by the property owner. If any landscaping
that is needed to meet an ordinance requirement dies, is removed,
or is severely damaged, it shall be replaced by the current property
owner, within a maximum of 180 days. For a required street tree, this
requirement for a replacement tree shall apply where physically feasible.
A dead street tree is required to be cut down to the ground level.
Note: In certain cases the developer will be responsible for replacement
within an initial time period under a subdivision requirement.
(d)
Street trees. See also § 159.07 of the City's Codified Ordinances. Where trees are required by this title, the species shall meet the standards of the City's Shade Tree Commission, and to be found acceptable for the location based upon the Street Tree Fact Sheets used by the Commission. Where a street tree is required to be planted by the Subdivision and Land Development Ordinance,[2] the provisions of that ordinance shall apply to the street trees instead of this Subsection (d). Street trees shall be required when a new principal nonresidential or multifamily apartment building is proposed, or along a new street or an extension of an existing street. Street trees are not required where the City determines that existing healthy trees proposed to be preserved will serve the same function.
(1)
The Zoning Officer may approve other species of trees than those
listed below if the applicant provides written evidence to the satisfaction
of the Zoning Officer that the trees would be sturdy, attractive and
resistant to disease and road salt.
(2)
The species of trees are not regulated for trees that are not
required by City ordinances and that are not planted within a public
right-of-way.
(3)
If more than 10 trees are required to be planted, then no more
than 50% shall be of one species.
(4)
Quality of trees. Trees shall be of symmetrical growth, free
of insect pests and disease and durable under the maintenance contemplated.
The developer shall water trees as needed until a property is sold.
(5)
Minimum sizes and standards. The trunk diameter (measured at
a height of two feet above the finished grade level) of deciduous
shade trees required by this title shall be a minimum of two inches.
(7)
Required number and spacing of street trees. Where required,
an average of one street tree shall be planted for every 50 feet of
distance along the street right-of-way line on each affected side
of the street. Trees shall be distributed along the length of the
street, but are not required to be evenly spaced.
(8)
Location of street trees. The locations of required street trees
shall be approved by the City. The City may approve the trunks of
trees to be planted outside of but immediately adjacent to the street
right-of-way.
(9)
Removal of street trees. Written approval of the City shall
be required to remove any required street tree. This City approval
is needed even if the required tree was allowed to be planted outside
of the right-of-way. The City shall require the replacement by the
current property-owner of a street tree that had been required with
a new tree meeting City standards, where practical. The City may require
that any approved site plan, subdivision plan or land development
plan include a note to highlight the requirements of this Subsection
(d)(9).
[2]
Editor's Note: See Part 13, Title 3, Subdivision and Land
Development Regulations.
(e)
If a tree has all of its branches removed to the extent that the
tree will not survive, then the trunk shall also be cut to result
a trunk height of less than three feet above the ground level.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
Proof and registration of nonconformities. It shall be the responsibility
of a party asserting a nonconformity to provide the evidence that
it is lawful. The burden of proof is upon applicant to show that a
nonconformity is lawful. A property owner may request a written statement
of nonconformity from the Zoning Officer after providing sufficient
evidence.
(b)
Continuation of nonconformities.
(1)
A lawful nonconforming use, structure or lot as defined by this
title may be continued and may be sold and continued by new owners.
(2)
Any expansion of, construction upon or change in use of a nonconformity
shall only occur in conformance with this section.
(3)
If an existing use was not lawfully established, it shall not
have any right to continue as a nonconforming use.
(c)
Expansion of or construction involving nonconformities. The following shall apply, unless the structure is approved under § 1313.05(d).
(1)
Nonconforming structure.
A.
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded provided:
1.
That such action will not increase the severity or amount of
the nonconformity (such as the area of the building extending into
the required yard) or create any new nonconformity; or
2.
That any expanded area will comply with the applicable setbacks
in that district and other requirements of this title, unless allowed
otherwise by this section.
B.
In the case of a nonconforming structure which is used by a
nonconforming use, any expansion shall also meet the requirements
of this section regarding nonconforming uses.
(2)
Nonconforming lots.
A.
Permitted construction on a nonconforming lot. A single permitted
by right principal use and its customary accessory uses may be constructed,
reconstructed or expanded on a nonconforming lot provided all of the
following additional requirements are met:
B.
Lot width. The fact that an existing lawful lot of record does
not meet the minimum lot width requirements of this title shall not
by itself cause the lot to be considered to be a nonconforming lot.
C.
Reduction of side yards. On an existing lawful lot with a nonconforming
width, as a special exception, the Zoning Hearing Board may approve
a reduction of up to 50% in each side setback if the applicant proves
such reduction is necessary to allow a customary addition to an existing
dwelling, a replacement of an existing undersized dwelling with a
new dwelling, or to avoid the construction of a new dwelling that
would be inconsistent with the building width of adjacent dwellings.
This subsection shall not allow a reduction in setback to increase
the number of dwelling units on the lot, except for a unit for care
of relative.
D.
Expansion along a nonconforming setback. Where part of an existing
one family dwelling (including a townhouse) has a side yard that is
smaller than would normally be required, other parts of that dwelling
may be expanded along that same side, provided that the building extension
does not go beyond the side setback that already exists along that
side.
(3)
Expansion of a nonconforming nonresidential use. A nonconforming
use or a building used by a nonconforming use shall only be expanded
if there is compliance with the following provisions:
A.
An expansion of more than 5% in total building floor area shall
require special exception approval from the Zoning Hearing Board.
B.
The 1) total building floor area used by a nonconforming use
or 2) the total land area covered by the nonconforming use, whichever
is more restrictive, shall not be increased by greater than 50% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
1.
The above maximum increase shall be measured in aggregate over
the entire life of the nonconformity. All expansions of the nonconforming
use and/or building(s) that occurred since the use originally became
nonconforming shall count towards the above maximum increase. For
example, a 40% expansion may occur one year, followed by a 10% expansion
in a different year.
2.
The 50% maximum expansion of the total land area covered by
the use shall be reduced to 10% for a nonconforming junkyard or scrap
yard.
3.
If the nonconforming use first became nonconforming before October
27, 1986, then the extent of the use as of October 27, 1986, shall
be used as the basis for determining the allowed expansion.
C.
Any expansion of a nonconforming use shall meet the required
setbacks, maximum height and other requirements of this title, unless
the Zoning Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing nonconforming
residential use may be expanded as a permitted by right use provided
that: a) the number of dwelling units or rooming house units are not
increased, b) the expansion meets all applicable setbacks, c) no new
types of nonconformities are created and d) a nonconformity is not
made more severe.
(d)
Damaged or destroyed nonconformities. A nonconforming structure or
nonconforming use that has been destroyed or damaged may be rebuilt
in a nonconforming fashion only if: a) the application for a construction
permit is submitted within 12 months after the date of damage or destruction,
b) work begins in earnest within 12 months after the construction
permit is issued and continues, and c) no nonconformity may be newly
created or increased by any reconstruction. The property shall be
properly secured during such time in such a way to keep out trespassers
and to avoid harm to neighboring properties.
(e)
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued,
razed, removed or abandoned for 12 or more months, subsequent use
of such building or land shall conform with the regulations of the
district in which it is located, except as provided for in the "damaged
or destroyed nonconformities" provisions of this section in Subsection
(d) above.
(2)
The applicant shall be responsible to provide clear and convincing
evidence that the nonconformity was not abandoned.
(3)
An existing lawful separate dwelling unit may be unrented for
any period of time without being considered abandoned under this title.
(f)
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land shall
not revert to a nonconforming use.
(2)
A nonconforming use may be changed to a different nonconforming
use only if approved as a special exception by the Zoning Hearing
Board. However, special exception approval is not needed for a simple
change within an existing building from one lawful nonconforming retail
store use to another retail store use or from one lawful nonconforming
personal service use to another personal service use, provided that
the new use complies with any Zoning Hearing Board conditions that
applied to the previous use and is not more objectionable in external
effects than the previous use.
(3)
Where special exception approval is required for a change of
a nonconforming use, the Board shall determine whether the applicant
has provided sufficient proof to show that the proposed new use will
be equal or less objectionable in external effects than the preexisting
nonconforming use with regard to:
A.
Traffic safety and generation (especially truck traffic);
B.
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire,
hazardous substances, and explosive hazards;
C.
Amount and character of outdoor storage;
D.
Hours of operation if the use would be close to dwellings; and
E.
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming
adult use.
(g)
District changes. Any uses, structures or lots that become nonconforming
because of a zoning district change shall be regulated under this
section on nonconformities.
(h)
Voluntary replacement of a nonconforming structure. A nonconforming
structure may be partially or completely replaced with a new nonconforming
structure if the following requirements are all met:
(1)
A building permit shall be issued within a maximum of six months
after the building is demolished; and
(2)
A new nonconformity shall not be created and any existing nonconformity
shall not be made more serious or increased. For example, a vehicle
garage with a nonconforming setback may be replaced with a new garage
with the same setback on the same side.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
For dumpsters outside of the public right-of-way, site plans submitted
to the City shall show the proposed location of any garbage dumpsters.
The Zoning Officer may require that such proposed location be modified
to provide compatibility with nearby dwellings, in order to avoid
odor, vector and noise nuisances to the maximum extent feasible. If
a garbage dumpster is not stored within a building, then it shall
be screened from view of any public street or dwelling by decorative
masonry wall or weather-resistant solid board fence, with a mostly
solid gate.
(b)
A permit from the City Department of Public Works staff shall be
needed to place a temporary dumpster within a street right-of-way.
Such location shall not obstruct traffic or safe sight distances.
A maximum time period shall be established on the permit.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
This section shall apply to a portable storage container that is
kept outside of a building and which has a length greater than 10
feet and which is not currently attached to a motor vehicle or railroad
and which is not part of a permitted industrial use on the same lot.
(b)
The following regulations shall apply on a principally residential
lot:
(1)
A portable storage container shall not be kept on a principally
residential lot for a total of more than two months in any calendar
year, unless it is being used as part of an active construction permit
for the lot. A temporary zoning permit shall be required if the portable
storage container is kept on the lot for more than 30 days.
(2)
A maximum of one portable storage container shall be allowed
per lot. A mobile home, trailer or a portion of a vehicle shall not
be used as a portable storage container on a residential lot.
(c)
On a lot that is not a principally residential lot, any portable
storage container that is kept on a lot for more than 30 days shall
meet the setbacks that apply to a principal building, unless the container
is necessary to temporarily hold materials for active on-site construction.
(d)
The following shall apply to any portable storage container:
(1)
The container shall not obstruct safe sight distances at intersections.
(2)
The container shall not obstruct travel lanes of a street or
a public sidewalk, unless specifically authorized by a City permit
where there is no alternative.
(3)
The container shall only be allowed to be placed within a street
right-of-way if a permit for such placement is issued by the City.
Such permit shall specify a maximum number of days during which the
container may be placed within the right-of-way.
(4)
The container shall not be used to store hazardous, explosive
or toxic substances or putrescent garbage.
(5)
A facility that stores portable storage containers that have
been leased by others or are available for lease shall be considered
a warehouse.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
See § 1305.05 regarding solar dimensional provisions. That section allows some flexibility in dimensional requirements.
(c)
If a building or parking structure includes an approved "green roof,"
the area covered by the green roof may exceed allowed maximum building
coverage, up to a maximum increase of 20%. For example, if a district
includes a maximum 30% building coverage, and a building footprint
equal to 20% of the lot is covered by a green building roof, then
the maximum total allowed building coverage shall be 50%. In such
example, an area equal to a minimum of 20% of the lot area would need
to be covered by a green roof, but not the entire building roof.
(1)
In order to be considered a green roof, such area shall be exposed
to direct sunlight at noon-time and shall be covered with vegetation
that is designed to absorb stormwater runoff. Vegetation shall be
planted in soil or other growing material with a minimum of four inches
of depth. Up to 10% of an area of a green roof may include walkways
or skylights. If such vegetation dies, it shall be required to be
replaced within 150 days.
(d)
Pervious pavement used for vehicle parking and vehicle movement shall
be considered impervious for the purposes of this title's impervious
coverage requirement, except as follows. The maximum impervious coverage
of a lot or a tract may be increased by up to 10% of the lot area
if a corresponding land area is covered by City-approved pervious
pavement.
(1)
For example, if a lot includes 10,000 square feet and has a
50% maximum impervious surface requirement, and the lot will include
1,000 square feet of pervious pavement, then a maximum of 6,000 square
feet of the lot may be covered by impervious surfaces instead of 5,000
square feet. In such example, 5,000 square feet of the lot could be
covered with building roofs and paving surfaces that are impervious.
(e)
This Subsection (e) applies if the applicant proves that a new building will be certified or meets a higher standard under the published standards of the Leadership in Energy and Environmental Design (LEED) certified building, following the latest published standards of the U.S. Green Building Council or its successor entity for new construction or building rehabilitation. In such case, the certified building may exceed maximum building coverage and/or the maximum impervious coverage by 10% for the lot. This incentive may not be added on top of the other building and impervious incentives in this section.
(1)
The applicant is required to have a LEED-certified professional
provide a statement, in writing, to the City at each of the following
times: a) the land development application, b) at the time of the
building permit application and c) at a point halfway through construction.
Such statement shall provide a professional opinion that the project
will be able to meet the LEED certification and specifying the point
system that will be used.
(2)
If a building fails to meet the requirements for LEED certification
after occupancy, the Zoning Officer shall have the authority to require
that the current building owner make sufficient changes to the building
and submittals to obtain the intended certification.
(f)
Applicants are encouraged to provide an electric recharging station
for electric motor vehicles, particularly if the use involves a total
of 100 or more vehicle parking spaces. Such electric recharging stations
shall be permitted by right in all zoning districts and may take the
place of required parking spaces.
