The purpose of this section is to clarify the rules of measurement
and exemptions that apply to all principal and accessory uses allowed
in this chapter. These standards may be modified by other applicable
sections of this chapter.
Distance measurements, generally. Unless otherwise expressly stated,
distances specified in this chapter are to be measured as the length
of an imaginary straight line joining those points.
Fractions. If a calculation results in a figure with a fraction equal
to 0.5 or greater, then the figure shall be rounded up to the nearest
whole number. If the fraction is less than 0.5, the figure shall be
rounded down to the nearest whole number.
Lot area, minimum. The minimum amount of land area required for a lot shall be measured on a horizontal plan in units of square feet or acres, as specified within the zoning regulations for the district in which the lot is situated. Land encumbered by easements and resource protection and management areas shall be considered according to § 72-51.3.
In the case of a rectangular lot, the width shall be measured
parallel to the front lot line at the minimum front setback line.
On corner lots, the minimum lot width shall be met on both street
fronts.
In the case of an irregularly shaped lot or a curvilinear front
lot line, the width shall be measured between the lot's narrowest
dimensions at that location on the lot where the center of the building
is proposed or is located.
In the case of a pipe stem lot, the width shall be measured
between the lot's narrowest dimensions at that location on the lot
where the center of the building is proposed or is located.
Front lot line. A front lot line is the street line that forms
the boundary of a lot, or, in a case where a lot either does not abut
a street other than by its driveway or is a through lot, that lot
line which faces the primary entrance of the principal building.
Rear lot line. A rear lot line is the property line that is
most distant from, and is most nearly parallel with, a front lot line.
If a rear lot line is less than 10 feet in length, or if the lot comes
to a point at the rear, the rear lot line shall be deemed to be a
ten-foot line parallel to the front lot line, lying wholly within
the lot, for the purpose of establishing the required minimum rear
yard.
Corner lot. A corner lot is located at the intersection of two
or more streets (other than alleys), regardless of whether or not
such streets intersect at right angles.
Reverse-frontage lot. A reverse-frontage lot is a corner lot,
intentionally designed so that the front lot line faces a local street
rather than facing a parallel major thoroughfare.[1]
Editor’s Note: Former Subsection B, Pipestem lot requirements,
as amended 1-10-2017 by Ord. No. 19-28, which immediately followed
this subsection, was repealed 1-22-2019 by Ord. No. 19-02.
Setback. The term "setback" generally refers to the distance
by which any portion of a building or structure shall be separated
from a lot line. When a lot for a single-family detached or attached
building is encumbered by a public or private right-of-way or motor
vehicle access easement, the setback is measured from the boundary
of the right-of-way or access easement.
Front yard. A front yard is an area of a lot adjacent to its
front lot line, measured by the length of the front lot line, extending
from one side lot line to the other side lot line, and the width of
the required front setback.
Secondary front yard: a front yard of a corner or through lot
that does not contain the building front. A secondary front yard begins
at the point where it intersects with the primary front yard and extends
to the side property line.
Rear yard. The rear yard is an area of a lot adjacent to its
rear lot line, measured by the length of the rear lot line, extending
from one side lot line to the other side lot line, and the width of
the required rear setback.
Side yard. The side yard is an area of a lot adjacent to its
side lot line, measured by the length of the side lot line, extending
from the edge of the front setback line to the edge of the rear setback
line, and the width of the required side setback.
Separation. When the standards in this chapter call for a separation
between two different use types or development features, separation
shall be measured from the closest edge of one lot to the closest
edge of the other lot.
Averaging setbacks. When zoning district standards permit or
require determination of any front or side setback through averaging,
the average yard shall be calculated by using the methods set forth
here. The dimensions of existing yards shall be determined through
the best information reasonably available, including, in order, surveys
of record, on-site measurements, or the 2010 tax maps. The median
is the type of average that shall be applied. The average setback
calculated by applying the median may be varied by plus or minus 10%.
The median front yard (including the primary front yard of a corner
lot and the primary and secondary front yards of a through lot) shall
be calculated by using existing principal buildings along the same
block face. For a corner lot, the median secondary front yard shall
be calculated by using the lots on the same corner. The median side
yard shall be determined by using lots or parcels of similar width
located on the same block face. Each side yard median (left and right)
shall be calculated and applied separately. If the foregoing measurements
do not establish a clear pattern of development, then the administrator
may use the opposite block face to establish the average front or
side yard.
[Amended 2-11-2020 by Ord. No. 20-02; 2-11-2020 by Ord. No. 20-02]
Corner lots and through lots. On a corner lot or through lot,
the yards adjacent to the front yard lines parallel to the building
front shall be considered front yards. The yards adjacent to the front
lot line that are not parallel to the building front shall be secondary
front yards (for the purposes of averaging setbacks). The yard opposite
the front yard shall be the rear yard. The remaining yards shall be
considered side yards.
Editor's Note: This ordinance provided that it would be effective
in 90 days and also provided the following: "However, any application
submitted and accepted as complete before the effective date of adoption
of this ordinance, but still awaiting final action as of that date,
shall be reviewed and decided in accordance with the regulations in
effect when the application was accepted. To the extent such an application
is approved and proposes development that does not comply with this
ordinance, the subsequent development, although permitted, shall be
lawfully nonconforming and subject to the provisions of Article 72-6,
Nonconformities."
Setbacks following government acquisition of land. Where land
acquisition for a public purpose reduces the distance between an existing
legally established structure and an adjacent lot line to an amount
less than the minimum required, the resulting distance shall be deemed
the minimum setback for the lot.
Sight triangles. Regardless of the setbacks applied in a district,
no structure except a fence shall be permitted within the required
sight triangle. For fences, a sight triangle is the triangle formed
by the two right-of-way lines at a street intersection, or the intersection
of a driveway and a street, and a line connecting those two lines
10 feet from their intersection.
Uncovered terraces. Required yard setbacks shall not apply to
uncovered terraces, uncovered patios and unroofed porches not more
than 30 inches above existing grade in residential zoning districts
or 15 inches in nonresidential and mixed-use zoning districts.
The following structures and features are permitted to project
into a required yard setback, up to the property line unless otherwise
stated, in all zoning districts:
Project to distance specified. The following structures and
features are permitted to project into a required yard setback, in
all zoning districts, to the distances stated:
Heating, ventilation and air-conditioning equipment and emergency
electricity generation equipment. Air-conditioning/heating equipment
and emergency electricity generation equipment, provided that multiple
units run parallel to the principal structure, may project into a
required side or rear yard setback, but not nearer to any lot line
than three feet.
Bay or display windows. Bay or display windows may project into
a required side, rear or front yard setback not more than three feet,
but not nearer to any lot line than a distance of three feet.
Chimneys. Chimneys may project into a required side, rear, or
front yard setback not more than two feet, but not nearer to any lot
line than a distance of three feet.
Driveways. Driveways may encroach to within one foot of a side
or rear property line provided that no parking area shall create a
visual obstruction or hindrance to traffic on any abutting street.
Covered and uncovered porches and stoops. Covered and uncovered
porches and stoops, including stairs, may project into a required
side, rear or front yard setback not more than five feet, but not
nearer to any lot line than a distance of three feet, except that
front porches to be constructed in the R-4, R-8, and C-T Districts
may use an average front setback as is found on the adjacent lots
on the same block face.
Basement entrances, fire escapes, and uncovered stairs. Outside
basement entrances, fire escapes, uncovered stairs and landings may
project into a required side, rear or front yard setback not more
than five feet, but not nearer to any lot line than a distance of
three feet.
Awnings, cornices, canopies, eaves, and balconies. Awnings,
cornices, canopies, eaves, balconies or other similar features may
project into a required side, rear or front yard setback, but not
more than four feet from the existing building face, nor closer than
two feet to any lot line. This provision shall not apply to permanent
canopies over gasoline pump islands.
Carports. Carports, with at least two sides open, may project
into a required side or rear yard setback not more than five feet,
but not closer than three feet to any lot line.
Uncovered deck. An uncovered deck, including associated steps
and appurtenant features, attached to a single-family dwelling may
extend into the yards as follows:
Roofed deck. Any roofed deck, including associated steps and
appurtenant features, attached to a single-family dwelling may extend
into yards as follows:
Maximum density for residential development is expressed in
number of dwellings or units per acre and shall be calculated based
on the gross area of the site; provided, however, that total maximum
density shall be limited by sensitive physiographic and environmental
characteristics upon the land.
Maximum density for nonresidential development is expressed
by floor area ratio which is determined by dividing the gross floor
area of nonresidential buildings on a lot by the gross area of that
lot. The floor area of parking within structures shall not be included
in this calculation and not used in determining density. As shown
in Figure 72-82.5, Measuring Floor Area.
Mixed use ratio. The residential gross floor area in a PD-MU
District shall be calculated based on an average residential square
footage per building type proposed in the general development plan
for the district. These calculations are for the general development
plan and shall not include modifications to a dwelling unit's square
footage after the initial certificate of occupancy is issued.
Floor area, gross. Gross floor area is the sum of the total
horizontal areas of the several floors of all buildings on a lot,
measured from the interior faces of exterior walls exclusive of vent
shafts and courts. Areas of the building not provided with surrounding
walls shall be included in the building area if such areas are included
within the horizontal projection of the roof or floor above. The term
gross floor area shall include basements; elevator shafts and stairwells
at each story; interior balconies; and mezzanines.
Floor area, net. Net floor area is the sum of the total horizontal
areas of the several floors of all buildings on a lot, measured from
the interior faces of exterior walls and from the center line of walls
separating two or more buildings. The term net floor area shall include
outdoor display areas for the sale, rental and display of recreational
vehicles, boats and boating equipment, trailers, horticultural items,
farm or garden equipment and other similar products, but shall exclude
areas designed for permanent uses such as toilets, utility closets,
enclosed and open malls, truck tunnels, enclosed parking areas, meters,
rooftop mechanical structures, mechanical and equipment rooms, public
and fire corridors, stairwells, elevators and escalators.
Building height is the vertical distance measured from the average
established grade of the primary building facade [the facade that
is adjacent or fronts on the street(s) that forms the front lot line(s)]
to the highest point of the roof surface of a flat roof, to the deck
line of a mansard roof, to the mean height level between eaves and
ridge of gable, hip, cone, gambrel, and shed roofs.
Building heights for buildings on lots located within the FPO (Floodplain Overlay District) District shall be determined as specified in § 72-82.6A(1)(a), except height shall be measured from the existing grade rather than established grade.
Building story. A building story is that part of any building
between the level of one finished floor and the level of the next
higher finished floor or, if there is no higher finished floor, then
that part of the building between the level of the highest finished
floor and the top of the roof beams.
A story shall be considered a ground floor if it has a finished
floor level within six feet of the average established grade of the
front building facade.
The term shall include a basement only if the ceiling thereof
is more than six feet above the level from which the height of the
building is measured and if it is used for business purposes other
than storage or for dwelling purposes.
Height limits may be exceeded, up to 25% of limit, by bulk storage
silos, grain elevators, barns, chimneys, domes, elevator shafts, penthouses,
flag poles on buildings, water towers, rooftop dish antennas, solar
equipment, skylights, fire escapes or roof access stairways, mechanical
equipment required to operate and maintain the building, or similar
appurtenances.
Spires for religious institutions, bell towers, belfries, and
cupolas may exceed by three times the height of the building on which
such appurtenance are constructed, up to a maximum height of 199 feet
above grade.
Projecting sign area shall be calculated as the area of a rectangle
which encompasses the extreme limits of each individual sign face,
including all background visible from any direction at one time.
Individually mounted or painted letters applied directly to the building
face, which are not further emphasized by an architectural or painted
element of the building, shall be calculated as the sum of the area
within a series of rectangles which encompasses each individual letter.
All other building mounted sign area shall be measured as the area
within a single rectangle that encompasses the extreme limits of all
copy and background, framing, ornamentation or sign boxes. The area
of letters and symbols not attached to each other and not provided
on sign boxes or awnings may be separately calculated by enclosing
each of the letters within separate rectangles.
Freestanding sign area is calculated in square feet. The area of
a freestanding sign shall be calculated by means of calculating the
area of the smallest square, circle, rectangle, triangle or combination
thereof that will encompass the extreme limits of the copy.
Freestanding sign height is measured in feet from grade level to
the uppermost portion of the structure including architectural features
or decorative elements.
If the sign location lies below the road elevation nearest to
it, the sign height shall be measured from the road grade of the nearest
travel lane to the sign to the top of the area of copy.
If the sign location lies above the road elevation nearest to
it, the sign height shall be measured from the natural grade level
of the site to the top of the area of copy.