[Zoning Order §5.260, 4-2-2008]
A.
The
following Sections or articles further regulate uses within each zoning
district, the requirements of which shall be satisfied as applicable
to any proposed development.
B.
Historic Districts. Applicable standards regulating development in or near historical districts are contained in Article VI, Historical Preservation and Restoration.
C.
Design Standards. Applicable design standards are contained in Article VII (Development Design Standards).
E.
Conditional Use Permits. For any use listed as a conditional use in Table 5-1, applicable standards regulating uses subject to conditional use permits are contained in Article IX (Conditional Use Permits and Uses Permitted with Conditions).
F.
Parking Requirements. Applicable standards regulating parking are contained in Article XII (Vehicle Parking and Loading).
[Zoning Order §5.270, 4-2-2008]
A.
Uses
that are permitted by right or permitted by right but with conditions
and uses permitted as a conditional use are shown on Table 5-1.
B.
In
a "PM" District, permitted uses are specified as part of the zoning
approval for each development.
C.
Any
use not shown as a permitted use in a zoning district is specifically
prohibited in that district. If a use cannot be located on Table 5-1,
the use shall be allowed in a zone district that permits a materially
similar use. To determine materially similar uses, the Director shall
refer to the North American Industry Classification Manual (Executive
Office of the President, Office of Management and Budget, 1997 or
most recent), hereafter "NAICS". The use shall be considered materially
similar if it falls within the same industry group of the NAICS (four
(4) digit number given with each use listed).
D.
Uses
that are not permitted in the "PM" District pursuant to Table 5-1
may be allowed by the County Council when it is determined that a
better overall development plan can be achieved.
[Zoning Order §5.280, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(5.280)(Art. 9 §9.590), 7-30-2008; Ord.
No. 11-12-2008A §§1 — 2(9.210), 11-12-2008; Resolution
1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 —
2, 2-18-2010; Ord. No. 16-0100 §2, 1-4-2016; Ord. No. 19-0418, 9-9-2019; Ord. No. 20-0406, 9-29-2020; Ord. No. 23-0177, 3-30-2023]
The Zoning Matrix Table, Table 5-1, follows:[1]
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[Zoning Order §5.290, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(5.290), 7-30-2008; Ord. No.
16-0100 §2, 1-4-2016]
Every property upon which a principal use may be located shall
meet or exceed the following requirements for its respective zoning
district:
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Table 5-2. Density, Minimum Lot Sizes, Lot Width
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Zoning District
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Maximum Density*
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Minimum Lot Size
(per unit)
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Minimum Lot Width Major Streets**
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Minimum Lot Width Other Streets
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"RA-5"
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1 unit/5 acres
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5 acres
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150 feet
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50 feet
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"LR-2"
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1 unit/2 acres
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2 acres
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150 feet
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50 feet
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"R-40"
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1 unit/1 acre
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40,000 sf
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50 feet
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50 feet
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"R-20"
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2 units/acre
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20,000 sf
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50 feet
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50 feet
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"R-10"
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4 units/acre
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10,000 sf
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50 feet
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50 feet
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"R-7"
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5 units/acre
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7,000 sf
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50 feet
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50 feet
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"PR-1"
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6 units/acre
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AP
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AP
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AP
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"PR-2"
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18 units/acre MF
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AP
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AP
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AP
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"NC-1"
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Max. 0.4 FAR
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5,000 sf
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70 feet
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50 feet
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"CC-2"
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Max. 0.55 FAR
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20,000 sf
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115 feet
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100 feet
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"PC"
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Max. 0.55 FAR
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NA
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AP
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AP
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"PB"
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Max. 0.65 FAR
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20,000 sf
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AP
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AP
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"NPI"
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Max. 0.65 FAR
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20,000 sf
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115
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100
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"PI"
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Max. 1.0 FAR
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AP
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AP
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AP
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"PM"
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Densities and lot sizes established as part of zoning approval
for each development
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AP
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AP
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AP
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*
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FAR — floor area ratio; ratio of building square footage
to lot square footage.
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**
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Major streets include interstates, arterials and collectors
(major and minor), local County roads and proposed 4-lane streets
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NA
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Not applicable
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AP
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Per approved plan
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sf
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Square feet
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MF
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Multi-family
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Lot widths and setbacks may be reduced if open space conservation and density design standards are met. These are found in Article VII.
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[Zoning Order §5.300, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(5.300), 7-30-2008; Ord. No. 11-12-2008A §§1
— 2(5.300), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010;
Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 16-0100 §2, 1-4-2016]
All buildings on a lot shall be set back from the street right-of-way
lines (property lines) or the edge of the access easement, not less
than the distances shown in Table 5-3. The measurement shall be taken
at the right-of-way line or the edge of an access easement, whichever
is more restrictive. Note: minimum distance between detached buildings
is dependent upon the International Fire Code.
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Table 5-3. Minimum Building Setbacks (as measured from
the foundation wall)
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Zoning District
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Front Yard*
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Side Yard++
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Rear Yard
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Major Street**
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County-maintained Streets
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All Other Streets
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"RA-5", "LR-2"
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100 feet or as established by existing homes on the same side
of street
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65 feet or as established by existing homes on the same side
of street
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25 feet or as established by existing homes on the same side
of street
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20 feet
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50 feet
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"R-40"
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70 feet or as established by existing homes on the same side
of street
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50 feet or as established by existing homes on the same side
of street
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25 feet or as established by existing homes on the same side
of street
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10 feet
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50 feet
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"R-20", "R-10", "R-7"
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50 feet
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35 feet
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25 feet
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6 feet
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30 feet
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"PR-1"
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35 feet
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35 feet
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25 feet
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6 feet
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30 feet
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"PR-2"
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35 feet
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35 feet
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15 feet
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6 feet
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10 feet
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"NC-1"
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20 feet
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5 feet
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20 feet
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"CC-2"
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20 feet
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10 feet
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20 feet
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"PC"
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20 feet
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20 feet
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15 feet
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15 feet
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20 feet
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"PB"
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20 feet
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15 feet, 10 feet for interior lot lines
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20 feet
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"NPI"
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20 feet
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15 feet, 10 feet for interior lot lines
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30 feet
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"PI"
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20 feet
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20 feet
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60 feet
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"PM"
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Setbacks established as part of zoning approval for each planned
development
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Front yard setback may be reduced by 5 feet if garage is accessed
from alley. Corner lots shall have 2 front yard setbacks and 2 side
yard setbacks.
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**
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Major streets include interstates, arterials and collectors
(major and minor) and proposed 4-lane streets.
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Not applicable for town houses, except for end units.
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AP
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Per approved plan
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[Zoning Order §5.310, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016; Ord. No. 16-0100 §2, 1-4-2016]
The maximum height of all structures in each zoning district (except as provided in Section 400.1690)400.1690) shall be as follows:
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Table 5-4. Maximum Structure Heights
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Zoning District
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Maximum Structure Height (feet)
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"RA-5", "LR-2"
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40
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"R-40", "R-20", "R-10", "R-7"
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40
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"PR-1"
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40
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"PR-2"
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50
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"NC-1"
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40
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"CC-2"
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50
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"PC"
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70
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"PB"
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70
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"NPI"
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70
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"PI"
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50
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"PM"
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Height established as part of zoning approval for each planned
development
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[Zoning Order §5.320, 4-2-2008]
A.
Height.
1.
Exemptions. The following are exempt from the district
height standards:
a.
In "RA-5" Districts, agricultural buildings such as, but not limited
to, barns, silos, windmills, grain elevators and other farm structures,
but not including dwellings.
b.
Cooling towers, gas holders or other industrial structures, where
required as part of the manufacturing process.
c.
Public water storage tanks.
2.
Additional regulations. The regulations and requirements
as to height of buildings and area of lots that may be occupied by
buildings, yards and other regulations and requirements in the foregoing
Sections of this Chapter shall be subject to the following exceptions
and additional regulations:
a.
In any district, public or semi-public buildings, such as hospitals,
hotels, churches, sanitariums or schools, either public or private,
where permitted, may be erected to a height not exceeding seventy-five
(75) feet, provided that such buildings shall have yards the depth
and width of which shall be increased one (1) foot on all sides for
each additional foot that the buildings exceed the specified height
limit, as established by the regulations of the district in which
the buildings are situated.
b.
Parapet walls and false mansards shall not extend more than six (6)
feet above the height limit. Flagpoles, chimneys, cooling towers,
electric display signs, elevator bulkheads, penthouses, finials, gas
tanks, grain elevators, stacks, storage towers, radio, television
or microwave towers, ornamental towers, monuments, cupolas, domes,
spires, standpipes and necessary mechanical appurtenances may be erected
to a height in accordance with existing or hereafter adopted County
orders, ordinances or resolutions.
B.
Yard Exceptions And Additional Regulations.
1.
Every part of a required yard or court shall be open from its lowest
point to the sky unobstructed, except for the ordinary projections
of sills, belt courses, canopies, cornices, chimneys, buttresses,
ornamental features and eaves, not more than half the width of the
yard but not more than six (6) feet into a required rear yard.
2.
An open fire escape may project into a required side yard not more
than half the width of the yard, but not more than four (4) feet.
Fire escapes and solid floored balconies may project not more than
six (6) feet into a required rear yard.
3.
In computing the depth of a rear yard for any building where the
yard abuts an alley, one-half (½) of the alley may be assumed
to be a portion of the rear yard.
4.
Condominium ownership shall not constitute violation of the lot and
yard requirements of this Chapter.
5.
Irregular lots. Only within districts "R-20", "R-10",
"R-7", "PR-1" and "PR-2", lots that are irregular in shape, i.e.,
the lot dimensions are such that it would be difficult to place a
home within the building envelope established by the required setbacks
(as determined by the Director), may be averaged. Examples of such
lots may include:
a.
Lots that get significantly narrower from front to back;
b.
Lots where side lot lines are not equal in length thereby producing
an odd shaped lot;
c.
Lots referred to as "flag" lots that have a very narrow access and
then open into normal size and shaped lots may utilize the averaging
only if the resulting area beyond the narrow access meets one (1)
of the other criteria as mentioned above.
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To determine the dimension allowed for the rear yard, each side
of the existing or proposed structure shall be extended in a straight
line to its point of intersection with the property line. One (1)
additional measurement shall be included in the calculation and shall
be determined by drawing a perpendicular line from the center of the
structure to the property line. An average of these three (3) measurements
shall equal a minimum of thirty (30) feet in "R-20", "R-10" and "R-7"
and twenty (20) feet in "PR-1", "PR-2". However, the nearest point
of the structure shall be at least ten (10) feet from the rear lot
line.
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6.
Corner lots in Districts "R-20", "R-10", "R-7", "PR-1" and "PR-2".
(See Table 5-3.)
a.
On corner lots, there shall be a front yard setback along each fronting
street and a side yard setback adjacent to each interior lot.
b.
On corner lots where adjacent interior lots have been platted fronting
the street, the required setback shall be either equal to the front
yard setback of the adjacent interior lot or may be reduced by not
more than five (5) feet.
7.
Homes angled on corner lots. In "R-20", "R-10",
"R-7", "PR-1" and "PR-2" Districts where a home is to be angled on
a corner lot, the two (2) front yard setbacks may both be reduced
by five (5) feet according to its respective district requirement.
The other lot lines shall maintain a minimum setback of six (6) feet.
(See Table 5-3.) These reductions to front yard setbacks shall not
apply to lots on expressways, arterials and any four-lane streets.
