[R.O. 2011 §400.655; Ord. No. 01-10 §1(13.01), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004; Ord. No. 2023-25, 6-12-2023]
Subject to the provisions of Sections
400.673 (Cluster Subdivisions) and 400.675 (Architecturally Integrated Subdivisions), all lots in the following zones shall have at least the amount of square footage indicated in the following table:
Zone
|
Minimum Square Feet
|
---|
"R-5"
|
3,000
|
"R-4"
|
7,000
|
"R-3"
|
11,000
|
"R-2"
|
15,000
|
"R-1"
|
40,000
|
"B-1"
|
3,000
|
"B-2"
|
5,000
|
"B-3"
|
No minimum
|
"B-4"
|
No minimum
|
"M-U"
|
7,000
|
"I-1"
|
No minimum
|
"I-2"
|
No minimum
|
* If used for residential purposes, otherwise no minimum.
|
[R.O. 2011 §400.657; Ord. No. 01-10 §1(13.02), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. Subject to Subsection
(B) and the provisions of Section
400.673 (Cluster Subdivisions) and Section
400.675 (Architecturally Integrated Subdivisions), every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.
|
Zone
|
Minimum Square Feet Per Dwelling Unit
|
|
---|
|
"R-5"
|
3,000
|
|
|
"R-4"
|
7,000
|
|
|
"R-3"
|
11,000
|
|
|
"R-2"
|
15,000
|
|
|
"R-1"
|
40,000
|
|
|
"B-1"
|
3,000
|
|
|
"B-2"
|
5,000
|
|
|
"M-U"
|
7,000
|
|
B. Two-family
conversions and primary residences with an accessory apartment shall
be allowed only on lots having at least one hundred fifty percent
(150%) of the minimum square footage required for one (1) dwelling
unit on a lot in such district. With respect to multi-family conversions
into three (3) or four (4) dwelling units, the minimum lot size shall
be two hundred percent (200%) and two hundred fifty percent (250%)
respectively of the minimum required for one (1) dwelling unit.
[R.O. 2011 §400.660; Ord. No. 01-10 §1(13.03), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. No
lot may be created that is so narrow or otherwise so irregularly shaped
that it would be impracticable to construct on it a building that:
1. Could be used for purposes that are permissible in that zoning district,
and
2. Could satisfy any applicable setback requirements for that district.
B. Without limiting the generality of the foregoing standard, the following table indicates minimum lot widths that are recommended and are deemed presumptively to satisfy the standard set forth in Subsection
(A). The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot.
|
Zone
|
Lot Width
(in feet)
|
|
---|
|
"R-1"
|
100
|
|
|
"R-2"
|
85
|
|
|
"R-3"
|
80
|
|
|
"R-4"
|
70
|
|
|
"R-5"
|
50
|
|
|
"B-1"
|
None
|
|
|
"B-2"
|
50
|
|
|
"B-3"
|
100
|
|
|
"B-4"
|
100
|
|
|
"M-U"
|
70
|
|
|
"I-1"
|
100
|
|
|
"I-2"
|
100
|
|
C. No
lot created after the effective date of this Chapter that is less
than the recommended width shall be entitled to a variance from any
building setback requirement.
[R.O. 2011 §400.665; Ord. No. 01-10 §1(13.04), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. Subject to Sections
400.667 and
400.675 and the other provisions of this Section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line or to the street right-of-way line or centerline than is authorized in the table set forth in this Section.
1. If the street right-of-way line is readily determinable (by reference
to a recorded map, set irons or other means), the setback shall be
measured from such right-of-way line. If the right-of-way line is
not so determinable, the setback shall be measured from the driving
surface.
2. As used in this Section, the term "lot boundary line" refers to lot boundaries other than those that abut streets.
3. As used in this Section, the term "building" includes
any substantial structure which by nature of its size, scale, dimensions,
bulk or use tends to constitute a visual obstruction or generate activity
similar to that usually associated with a building. Without limiting
the generality of the foregoing, the following structures shall be
deemed to fall within this description:
a. Gas pumps and overhead canopies or roofs.
b. Fences running along lot boundaries adjacent to public street rights-of-way
if such fences exceed six (6) feet in height and are substantially
opaque.
4. Notwithstanding any other provision of this Chapter, a sign may be
erected on or affixed to a structure that:
a. Has a principal function that is something other than the support
of the sign (e.g., a fence), but
b. Does not constitute a building as defined in this Chapter, only if
such sign is located so as to comply with the setback requirement
applicable to freestanding signs in the district where such sign is
located.
|
Minimum Distance From: Street Right-of-Way Line
|
Street Centerline
|
|
Lot Boundary line
|
---|
Zone
|
Building
|
Freestanding Sign
|
Building
|
Freestanding Sign
|
Building and Freestanding Sign
|
---|
"R-1"
|
40
|
20
|
70
|
50
|
20
|
"R-2"
|
30
|
1.5
|
60
|
45
|
15
|
"R-3"
|
25
|
12.5
|
55
|
52.5
|
12
|
"R-4"
|
20
|
1.0
|
50
|
40
|
10
|
"R-5"
|
20
|
1.0
|
50
|
40
|
8
|
"B-1"
|
—
|
—
|
30
|
30
|
—
|
"B-2"
|
15
|
7.5
|
45
|
37.5
|
10
|
"B-3"
|
40
|
20
|
70
|
50
|
15
|
"B-4"
|
60
|
30
|
90
|
60
|
20
|
"M-U"
|
15
|
7.5
|
45
|
37.5
|
15
|
"I-1"
|
30
|
1.5
|
60
|
45
|
20
|
"I-2"
|
40
|
20
|
70
|
50
|
25
|
B. Whenever
a lot in a non-residential district has a common boundary line with
a lot in a residential district and the property line setback requirement
applicable to the residential lot is greater than that applicable
to the non-residential lot, then the lot in the non-residential district
shall be required to observe the property line setback requirement
applicable to the adjoining residential lot.
C. Setback
distances shall be measured from the property line or street right-of-way
line to a point on the lot that is directly below the nearest extension
of any part of the building that is substantially a part of the building
itself and not a mere appendage to it (such as a flagpole, etc.).
D. Whenever
a private road that serves more than three (3) lots or more than three
(3) dwelling units or that serves any non-residential use tending
to generate traffic equivalent to more than three (3) dwelling units
is located along a lot boundary, then:
1. If the lot is not also bordered by a public street, buildings and
freestanding signs shall be set back from the centerline of the private
road just as if such road were a public street.
2. If the lot is also bordered by a public street, then the setback
distance on lots used for residential purposes (as set forth above
in the column labeled "Minimum Distance from Lot Boundary Line") shall
be measured from the inside boundary of the traveled portion of the
private road.
[R.O. 2011 §400.667; Ord. No. 01-10 §1(13.05), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. All accessory buildings in residential districts (i.e., those established by Section
400.370) must comply with the street right-of-way and side lot boundary setbacks set forth in Section
400.665 but (subject to the remaining provisions of this Subsection) shall be required to observe only a four (4) foot setback from rear lot boundary lines.
1. Where the high point of the roof or any appurtenance of an accessory
building exceeds twelve (12) feet in height, the accessory building
shall be set back from rear lot boundary lines an additional two (2)
feet for every foot of height exceeding twelve (12) feet.
2. Maximum lot coverage of principal and accessory buildings shall not
exceed forty percent (40%) of the lot.
[R.O. 2011 §400.670; Ord. No. 01-10 §1(13.06), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. For
purposes of this Section:
1. The height of a building shall be the vertical distance measured
from the mean elevation of the finished grade at the front of the
building to the highest point of the building.
2. A point of access to a roof shall be the top of any parapet wall
or the lowest point of a roof's surface, whichever is greater. Roofs
with slopes greater than seventy-five percent (75%) are regarded as
walls.
B. Subject
to the remaining provisions of this Section, building height limitations
in the various zoning districts shall be as follows:
|
Zone
|
Height Limitation
(in feet)
|
|
---|
|
"R-1", "R-2"
|
35
|
|
|
"R-3", "R-4"
|
35
|
|
|
"R-5"
|
60
|
|
|
"B-1"
|
85
|
|
|
"B-2", "M-U"
|
35
|
|
|
"B-2H", "B-3", "B-4"
|
50
|
|
|
"I-1", "I-2"
|
85
|
|
C. Subject to Subsection
(D), the following features are exempt from the district height limitations set forth in Subsection
(B):
1. Chimneys, church spires, elevator shafts and similar structural appendages
not intended as places of occupancy or storage;
2. Flagpoles and similar devices;
3. Heating and air-conditioning equipment, solar collectors and similar
equipment, fixtures and devices.
D. The features listed in Subsection
(C) are exempt from the height limitations set forth in Subsection
(B) if they conform to the following requirements:
1. Not more than one-third (1/3) of the total roof area may be consumed
by such features.
2. The permit-issuing authority may authorize or require that parapet
walls be constructed (up to a height not exceeding that of the features
screened) to shield the features listed in Subdivisions (C)(1) and
(C)(3) from view.
E. Notwithstanding Subsection
(B), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any non-residential building or any multi-family residential building containing four (4) or more dwelling units may not exceed thirty-five (35) feet unless the Fire Chief certifies to the permit-issuing authority that such building is designed to provide adequate access for fire fighting personnel or the Building Inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.
F. Towers
and antennas are allowed in all zoning districts to the extent authorized
in the Table of Permissible Uses.
[R.O. 2011 §400.673; Ord. No. 01-10 §1(13.07), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required by Section
400.650 if such developer complies with the provisions of this Section and if the lots so created are not smaller than the minimums set forth in the following table:
|
Zone
|
Minimum Square Feet
|
|
---|
|
"R-4"
|
5,250
|
|
|
"R-3"
|
8,250
|
|
|
"R-2"
|
11,250
|
|
|
"R-1"
|
15,000
|
|
B. The intent of this Section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by Section
400.650.
C. The
amount of usable open space that must be set aside shall be determined
by:
1. Subtracting from the standard square footage requirement set forth in Section
400.655, the amount of square footage of each lot that is smaller than that standard;
2. Adding together the results obtained in Subdivision (1) for each
lot.
D. The provisions of this Section may only be used if the usable open space set aside in a subdivision comprises at least ten thousand (10,000) square feet of space that satisfies the definition of usable open space set forth in Section
400.705 and if such usable open space is otherwise in compliance with the provisions of Article
XII.
E. The setback requirements of Sections
400.665 and
400.667 shall apply in cluster subdivisions.
[R.O. 2011 §400.675; Ord. No. 01-10 §1(13.08), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. In
any architecturally integrated subdivision, the developer may create
lots and construct buildings without regard to any minimum lot size,
lot width or setback restrictions except that:
1. Lot boundary setback requirements shall apply where and to the extent
that the subdivided tract abuts land that is not part of the subdivision,
and
2. Each lot must be of sufficient size and dimensions that it can support
the structure proposed to be located on it, consistent with all other
applicable requirements of this Chapter.
B. The number of dwelling units in an architecturally integrated subdivision may not exceed the maximum density authorized for the tract under Section
400.655.
C. To the extent reasonably practicable, in residential subdivisions the amount of land "saved" by creating lots that are smaller than the standards set forth in Section
400.650 shall be set aside as usable open space.
D. The
purpose of this Section is to provide flexibility, consistent with
the public health and safety and without increasing overall density,
to the developer who subdivides property and constructs buildings
on the lots created in accordance with a unified and coherent plan
of development.
[R.O. 2011 §400.680; Ord. No. 01-10 §1(13.09), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. Subject
to the other provisions of this Section, if:
1. Any portion of a tract lies within an area designated on any officially
adopted City plan as part of a proposed public park, greenway or bikeway,
and
2. Before the tract is developed, the owner of the tract, with the concurrence
of the City, dedicates to the City that portion of the tract so designated,
then, when the remainder of the tract is developed for residential
purposes, the permissible density at which the remainder may be developed
shall be calculated in accordance with the provisions of this Section.
B. If the proposed use of the remainder is a single-family detached residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of Sections
400.673 and
400.675 except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the City in accordance with Subsection
(A).
C. If
the proposed use of the remainder is a two-family or multi-family
project, then the permissible density at which the remainder may be
developed shall be calculated by regarding the dedicated portion of
the original lot as if it were still part of the lot proposed for
development.
D. If the portion of the tract that remains after dedication as provided in Subsection
(A) is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus" provided for in Subsections
(B) and
(C).