[Ord. 672]
The HD zone is established to provide residential areas where multiple dwelling units per lot are permitted utilizing density and development standards as the variables for units permitted.
[Ord. 672]
Premises in the HD zone may be used for accessory uses provided such uses are established on the same lot or parcel of land, are incidental to, and do not substantially alter the character of any permitted principal use, including, but not limited to:
[Ord. 672, as amended by § 7, Ord. 775, eff. January 21, 1985; § 3, Ord. 788, eff. February 12, 1986; Ord. 1116-12, eff. November 16, 2012; § 4, Ord. 1136-15, eff. April 16, 2015]
[Ord. 672; §§ 8, 9, Ord. 851, eff. January 4, 1990; § 3, Ord. 855-U-90, eff. April 5, 1990; § 2, Ord. 935-96, eff. October 17, 1996; § 5, Ord. 944-97, eff. June 6, 1997; § 3, Ord. 945-97, eff. October 16,1997]
Except as provided in § 9-5.406, premises in the HD Zone shall be subject to the development standards described in this section and those standards contained in Chapter 9-7 (General Standards of Development).
(a)
Maximum Permitted Density. The maximum permitted density shall be 40 units per acre.
(b)
Minimum Permitted Lot Area. Each lot or parcel of land created after adoption of this title shall have a minimum lot size of 2,200 square feet.
(c)
Minimum Lot Width. Each lot or parcel of land created after adoption of this title shall have a minimum width of 25 feet.
(d)
Minimum Required Setbacks. Minimum required setbacks shall be three feet except hillside and steep hillside lots shall have a minimum required setback of five feet. When the lower property line of a hillside or a steep hillside lot is adjacent to a public street, there shall be a maximum height of 14 feet from the lot's surface (as measured from the center line of the nearest adjacent street and extending as a vertical plane to the lot's existing surface as of January 1, 1990), along a distance equal to 1/8 the length of the lot plus the setback required for the zone (as measured through the center line of the lot back from the street side setback).
(e)
Building Bulk.
(1)
Maximum Permitted Heights.
(i)
For lots of 14° average slope or less: No portion of the building may exceed a height greater than 28 feet above the lot's natural surface and shall not be more than two stories;
(ii)
For hillside lots, as defined: No portion of the building may exceed a height greater than 14 feet above the upper lot line and 32 feet on any part of the lot's natural surface, and shall not be more than three stories;
(iii)
For steep hillside lots, as defined: No portion of the building may exceed a height greater than 14 feet above the upper lot line and 40 feet above any part of the lot's natural surface. The number of stories allowed shall be determined by the applicable Building Code requirements.
(2)
Maximum Permitted Lot Coverage: 80% of the gross lot area; hillside and steep hillside lots: 70% of the gross lot area.
(f)
Off-Street Parking. One off-street parking space shall be required for each dwelling unit.
(g)
Trash Storage. One enclosed, off-street trash storage area shall be required for each lot.
[§ 4, Ord. 945-97, eff. October 16, 1997; §§ 1, 2, Ord. 968-99, eff. September 2, 1999; § 1, Ord. 1065-08, eff. March 6, 2008]
Premises in the HD zone located in the area bordered by Clemente Avenue northwest of Third Street to Tremont Street, Sumner Avenue northwest of Beacon and Tremont Street (southwest side only) as shown on the map in Appendix A, on a lot which is less than 2,200 square feet shall be subject to the development standards described in this section and those standards contained in Chapter 9-7 (General Standards of Development).
(a)
Maximum Permitted Density. As described in § 9-5.405(a).
(b)
Minimum Permitted Lot Area. To qualify under this § 9-5.406, a lot must be less than 2,200 square feet and created prior to the adoption of this title so as to be legally nonconforming.
(c)
Minimum Lot Width. As described in § 9-5.405(a), unless legally nonconforming.
(d)
Minimum Required Setbacks.
(1)
Properties Which Abut an Alley. Except as provided herein, where the property abuts an alley, there shall be not less than a three-foot setback on one side and a minimum twelve-inch setback on the opposite side. A zero foot sideyard setback may only be allowed on the property line if the adjoining property (a) has been developed to the adjoining property line and the owner thereof agrees in a recorded document that upon demolition of the existing property it shall be reconstructed with the same zero-foot setback or (2) is undeveloped and the owner thereof accepts in a recorded document the proposed zero-foot setback and further agrees to develop his property to the property line on that side.
(2)
Properties Which Do Not Abut an Alley. Where the property does not abut an alley, there shall be not less than a three-foot setback on one side and the rear, and, except as provided herein, a minimum twelve-inch setback on the opposite side of the three-foot setback. A zero-foot setback on the opposite side may only be allowed if the adjoining property (a) has been developed to the adjoining property line and the owner thereof agrees in a recorded document that upon demolition of the existing property it shall be reconstructed with the same zero-foot setback or (b) is undeveloped and the owner thereof accepts in a recorded document the proposed zero-foot setback and further agrees to develop his property to the property line on that side.
(3)
Sideyard Setback Standards. Notwithstanding subsections (1) and (2) above, no sideyard setback of less than three feet shall be approved unless the Avalon Fire Department determines that the development as proposed will not result in increased fire hazard. In all instances where less than a three-foot sideyard setback is proposed, the Planning Commission shall consider the extent to which the proposed development will interfere with or affect use of the existing adjoining property and any future development of the adjacent property. The City shall cause notice to be sent to the owners of the properties to either side of the subject property whenever the proposed development includes less than a three-foot sideyard setback on either side, even though a variance is not required according to the provisions of the Code.
(4)
Number of Stories Permitted and Limitations. Second, and third stories, if permitted by variance, shall maintain not less than a ten-foot setback from the front property line, excluding decks, balconies and architectural features which are designed in such a way as to limit massing.
(e)
Building Bulk.
(1)
Maximum Permitted Heights. As described in § 9-5.405(e)(1)(i).
(2)
Maximum Permitted Lot Coverage: 90% of the gross lot area.
(3)
Maximum Permitted Floor Area: 130%.
(4)
Maximum Permitted Stories: Two. A third story may be approved by variance, provided the Planning Commission shall give due consideration to architectural features designed to limit massing.
(f)
Off-Street Parking. One autoette space if the development proposal consists of the addition of square footage equal to 50% or more of the square footage of the existing or previously existing structure.
(g)
Trash Storage. As described in § 9-5.405(g).