[Ord. No. 10702, 2-18-2021]
The following provisions shall establish the rules of measurement,
computation, and any related exceptions, for all calculations required
by this Code.
(a)
Distance measurements. Unless otherwise expressly stated, distances
specified in this Code are to be measured as the length of an imaginary
straight line joining those points.
(b)
Percentages and fractions. When a calculation or ratio established
in this Code results in a fractional number or percentage, any fraction
less than 1/2 shall be rounded down to the new lower whole number
and any fraction of 1/2 or more shall be rounded up to the next higher
whole number. Any percentage of less than 0.5 shall be rounded down
to the next lower whole number and any percentage of 0.5 or greater
shall be rounded up to the next higher whole number. For measurements
of linear feet, measurements shall be provided in decimal form to
the nearest hundredth with the rounding rules described above applying.
(c)
Lot area measurements. The area of a lot includes the total two-dimensional,
horizontal surface area within the lot's boundaries.
(d)
Lot frontage measurements. Lot frontage is the distance between the
side lot lines measured along the right-of-way line as depicted in
Figure 46-A.
 Figure 46-A
Lot Width (at Front Building Line) and Lot Frontage Measurements
for Typical Interior Lots
|
(e)
Lot width measurements. Lot width is the dimension of a lot, measured between side lot lines on the front building line as depicted in Figure 46-A. Said provision is applied to the standard front building lines listed in § 25-48(b) and § 25-49(c)(1) through (6), not those modified through § 25-48(b)(2) or 25-49(c)(7).
(f)
Lot coverage measurements.
(1)
The lot coverage is calculated as a percentage of lot area covered
by all buildings or structures on the lot (footprint) divided by the
total lot area. Buildings include any structure or part of a structure
covered by a roof, including, but not limited to, residences, cantilevered
floor area, unenclosed porches, garages, gazebos, sheds, breezeways,
carports, etc.
(2)
An area not to exceed 300 square feet of an unenclosed front
porch shall be deducted from the lot area coverage.
(3)
The area of lot coverage is calculated from the foundation footprint
of all buildings, at grade, and shall include areas mentioned above
regardless of if a foundation is provided.
(g)
Floor area ratio (FAR) measurements. The floor area ratio (FAR) of
a lot is calculated by totaling the floor area of each story of the
principal structure and dividing the total floor area of all stories
of the principal structure by the total lot area as follows:
(1)
Floor area for the first and full second floor shall be measured
from the exterior of the building, excluding exterior wall treatments
(e.g., siding, brick, etc.).
(2)
Any area with a ceiling height greater than 15 feet shall be
counted at 200%.
(3)
Attached garages, carports, or porte cocheres shall be counted
at 50% of the floor area.
(4)
Half-story floor areas as defined by § 25-48(c)(2), basement areas that are not defined as a story per § 25-46(h) and unenclosed patios, porches, or decks are excluded.
(h)
Measurement of number of stories.
(1)
The number of stories shall not include basement areas except
when said basement, excluding any basement level garage, is more than
four feet above the adjacent grade for more than 10% of the facade
along any street frontage when measured from the top of the foundation.
(2)
The exclusion of any basement level garage shall include the
area of the garage door plus an additional two feet on each side of
the door.
(i)
Buildable area measurement. The buildable area is that area of a
lot enclosed by the side, rear, and front yard setback lines.
(j)
Building height measurements and exceptions. Building height shall
be measured in accordance with the following:
(1)
R-1, R-2 R-3, R-4, R-MM Districts, and single-family homes in
the R-5 District: the vertical distance measured from the average
elevation of the proposed finished grade at the front of the building
to the highest point of the building. This measurement shall include
flat, mansard, gable, hip, and gambrel roofs, and all other architectural
features of the building.
(2)
All other districts: the vertical distance measured from the
average elevation of the proposed finished grade around the building
to the highest point of the roof for flat roofs, to the deckline of
mansard roofs, and to the mean height between eaves and ridge for
gable, hip, and gambrel roofs.
(3)
Height exceptions.
(i)
The ordinary elevation of chimneys and flues may extend above
the allowed building height as regulated by the building code.
(ii)
Spires, steeples, or belfries not intended for human occupancy
may exceed the maximum height listed in the underlying district when
associated with a place of worship.
(k)
Setbacks, yards, and lot type requirements.
(1)
General requirements. Each structure shall comply with the front,
side, and rear yard setbacks requirements of the applicable zoning
district except:
(v)
As otherwise provided by this article.
(2)
Measurements. Setbacks shall be measured from the applicable
right-of-way line or lot line to the closest portion of the building.
In case of shared private road/drive easements, setbacks shall be
measured from the easement line. In computing the depth of a rear
yard, where such yard opens onto an alley, 1/2 of the alley width
may be included as a portion of the rear yard.
(i)
Interior lots. The location of front, rear, and side yard setbacks
for typical interior lots are shown in Figure 46-B.
 Figure 46-B
Illustration of Typical Setbacks for Interior Lot
|
(ii)
Corner lots. The location of front, rear, and side yard setbacks
for typical corner lots are shown in Figure 46-C.
a.
On a corner lot, there shall be a front yard on each street,
except as provided for below.
b.
The rear yard of a corner lot shall be the side opposite the
front yard of street frontage with the narrowest width; however, no
rear yard shall be required when said lot has frontage on three streets.
c.
In the R-3 and R-4 Districts, the front yard that is required
along the narrower frontage is considered the primary front yard.
The front yard which is required along the wider frontage is considered
the secondary front yard. The minimum secondary front yard shall be
equal to 20% of the lot width in the R-3 District and 30% of the lot
width in the R-4 District.
 Figure 46-C
Illustration of Typical Setbacks for Corner Lot
|
(iii)
Multiple frontage lots. On lots with multiple
frontages that are not classified as corner lots, the required front
yard setback shall be provided on all lot lines that abut a street
and shall comply with the following:
a.
The front yard setback on the street frontage on which the property
is not addressed shall be the lesser of either the averaged setback
of adjacent structures [See § 25-48(b)(2).] or the front yard setback for the applicable district that would
be required in lieu of the averaging procedure mentioned above.
b.
The remaining lot lines not abutting a street shall be considered
as side yards and subject to the side yard setback requirements. See
Figure 46-D.
 Figure 46-D
Illustration of Typical Setbacks for Through Lot or Other
Lots with Multiple Frontages, Except For Corner Lot
|
(iv)
Cul-de-sac or curved street lot. For a cul-de-sac lot or a lot
abutting a curved street, the front yard setback shall follow the
curve of the front property line (lot line). See Figure 46-E.
 Figure 46-E
Illustration of Typical Setbacks for Lots Located on Cul-De-Sac
or Curved Street
|
(v)
Other lot configurations. Where there is an instance of a lot
configuration not addressed, or where there is an atypical building
orientation on any lot, the Director of Public Services shall have
the authority to decide where front, rear, and side yard setbacks
are required.
(l)
Street frontage occupation. When calculating the percentage of the
street frontage occupied by a structure, any portion of the structure
that is in compliance with the maximum front yard area requirement
for the applicable district shall be included. See Figure 46-F. If
the requirements below do not allow for a driving lane for vehicle
access to a portion of the subject property behind the structure,
the minimum street frontage occupation requirement shall be adjusted
as follows:
(1)
Properties that have frontage on only one street and/or public
alleyway shall be permitted a twenty-two-foot-wide driving lane;
(2)
Properties that have frontage on two or more streets and/or
public alleyways shall be permitted either a single twenty-two-foot-wide
driving lane on one frontage or a twelve-and-five-tenths-foot-wide
(twenty-two-foot-wide if designated for access by the Fire Department)
driving lane on two frontages to allow a dedicated one-way entrance
and dedicated one-way exit.
 Figure 46-F
Illustration of Area To Be Included in Calculation of
Street Frontage Occupation
|
(m)
Finished first floor height. The finished first floor height is calculated
as the height of a finished first floor measured at the existing finished
grade to the finished first floor at the horizontal center of the
front foundation wall as depicted in Figure 46-G.
 Figure 46-G
Finished First Floor Height Measurement
|
[Ord. No. 10702, 2-18-2021]
(b)
Lot width and yard areas. No building or structure shall be erected
or enlarged unless the following lot width and yard requirements are
provided and maintained in connection with such building, structure,
or enlargement, unless otherwise provided herein.
(c)
Lot frontage.
(1)
All lots shall have at least 90% of the required minimum lot
width as frontage on the right-of-way line except for lots with frontage
on culs-de-sac and turnarounds, which shall have at least 50% of the
required minimum lot width as frontage on the right-of-way line.
(2)
Lots of a flag configuration that could place a dwelling unit
behind a dwelling unit shall not be platted. Lots that conform to
§ 25-47(c)(1) above shall
not be considered lots of a flag configuration.
(d)
Permitted encroachments in residential districts.
(1)
Table 47-1 establishes the distance
to which certain features may encroach into established front, side,
and rear yard setbacks within residential districts.
|
Table 47-1
Permitted Encroachments in Residential Districts
| |||
|---|---|---|---|
|
Maximum Allowed Encroachment1
| |||
|
Encroaching Feature
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
Cantilevered interior space, such as bay windows, no more than
16 feet in width
|
24 inches2
|
36 inches
| |
|
Unenclosed porch or deck not more than 1 story in height or
paved patio
|
10 feet
|
10 feet
| |
|
Enclosed vestibule containing not more than 40 square feet (in
multifamily districts only)
|
4 feet
| ||
|
Roof overhangs, sills, belt courses, cornices and other architectural
features
|
30 inches
|
30 inches
|
30 inches
|
|
Fireplaces and chimneys, ground level or cantilevered
|
24 inches
|
36 inches
| |
|
Air-conditioning units or home generators
|
Against the foundation wall or as close as possible to the foundation
wall as approved by the City
|
Against the foundation wall or as close as possible to the foundation
wall as approved by the City
| |
|
NOTES:
| |
|---|---|
|
1
|
See § 25-47(d)(7) for
exceptions to encroachments.
|
|
2
|
In the R-5 District, front yard encroachments shall not include
cantilevered interior space, such as bay windows.
|
(2)
Nonconforming setback compliance.
(i)
For structures that were legally constructed in a residential
zoning district and that contain front yard, rear yard or side yard
setbacks that are not in conformance with this Code, the existing
front, rear, and/or side yard setbacks of the principal structure
that are not in conformity shall be considered as the setbacks for
the subject property for the purpose of additions, alterations, and
expansions, except that in no case shall the minimum front, rear or
side yard setback be less than five feet.
(ii)
However, construction in front of the existing front yard building
line shall be permitted if it satisfies the averaging requirements
of § 25-48(b)(2).
(3)
In no case shall the front, side, or rear yard setbacks for
the principal structure be less than five feet.
(4)
This section shall not prevent the repair of existing legal
nonconforming encroachments, including replacement of exterior HVAC
equipment or home generators.
(5)
Accessory structures shall be subject to the provisions of Article V, Accessory Uses and Structures, and are not subject to the requirements of this section.
(7)
Exceptions to encroachments.
(i)
If § 25-48(b)(2) dictates
the front setbacks, encroachments are permitted as provided for in Table 47-1.
(ii)
For additions, alterations, and expansions to nonconforming
structures, when nonconforming setbacks are considered the required
setbacks; or for structures granted a variance to setback requirements,
the only encroachments permitted are roof overhangs, sills, belt courses,
cornices and other architectural features as provided for in Table 47-1. Additionally, unenclosed porches
or decks not more than one story in height or paved patios are permitted
to encroach 10 feet measured from the conforming setback line or the
applicable setback line prior to issuance of a variance, whichever
is applicable.
(e)
Permitted encroachments in nonresidential districts.
(1)
Table 47-2 establishes the distance
of which certain features may encroach into established front, side,
and rear yard setbacks within nonresidential districts.
|
Table 47-2
Permitted Encroachments in Nonresidential Districts
| |||
|---|---|---|---|
|
Maximum Allowed Encroachment
| |||
|
Encroaching Feature
|
Front Yard1
|
Side Yard
|
Rear Yard
|
|
Unenclosed porch and uncovered porches not more than 1 story
in height or paved patio
|
10 feet
|
10 feet
| |
|
Enclosed vestibule containing not more than 40 square feet
|
4 feet
| ||
|
Roof overhangs, sills, belt courses, cornices and other architectural
features
|
30 inches
|
30 inches
|
30 inches
|
|
Fireplaces and chimneys
|
24 inches
|
24 inches
| |
|
Open or lattice-enclosed fire escapes, fireproof outside stairways,
and balconies opening upon fire towers
|
5 feet
|
5 feet
| |
|
NOTES:
| |
|---|---|
|
1
|
No front yard encroachments are permitted in the B-2 District.
|
(2)
Nonconforming setback compliance.
(i)
For structures that were legally constructed in a nonresidential
zoning district and that contain front yard, rear yard or side yard
setbacks that are not in conformance with this Code, the existing
front, rear, and/or side yard setbacks that are not in conformity
shall be considered as the setbacks for the purpose of all additions,
alterations, or expansions to the nonconforming structure. Except,
no side or rear yard setback shall be less than the amount required
in the applicable district when abutting a residential zoning district.
(ii)
When nonconforming setbacks are considered as the required setbacks,
the only encroachments permitted are roof overhangs, sills, belt courses,
cornices and other architectural features not to exceed 30 inches
into the yard.
[Ord. No. 10702, 2-18-2021]
This section, including the accompanying tables, establishes
the minimum site development standards for residential zoning districts.
(a)
Lot area and lot width. Table 48-1 establishes the minimum lot area and lot width required for each
lot in a residential zoning district.
|
Table 48-1
Lot Area and Lot Width for Residential Zoning Districts
| ||
|---|---|---|
|
District/Use
|
Minimum Lot Area1
(square feet)
|
Minimum Lot Width1, 2
(feet)
|
|
R-1
|
43,560
|
150
|
|
R-2
|
25,000
|
125
|
|
R-3
|
15,000
|
100
|
|
R-4
|
7,500
|
60
|
|
R-5
|
7,500
|
60
|
|
R-6
|
See § 25-48(a)(1).
|
120
|
|
R-MM
|
7,500
|
60
|
|
NOTES:
| |
|---|---|
|
1
|
Larger lot areas or widths may be required by a use -specific standard. See § 25-36.
|
|
2
|
Corner lots shall be 10% wider on both street frontages than
the required zoning width to permit appropriate setbacks.
|
(1)
Minimum lot area for R-6 Planned Multifamily Residential Districts.
(i)
When a building is erected on a lot in an R-6 District, such
lot shall have an area of not less than 800 square feet per dwelling
unit for the first four floors in height.
(ii)
For each successive story above four stories, the lot area requirement
for such story shall be reduced 100 square feet per dwelling unit
so that the requirement shall be 700 square feet of lot are per dwelling
unit on the fifth story, 600 square feet of lot area per dwelling
unit on the sixth story, etc., up to and including the 10th, 11th
and 12th stories for which the lot area requirement shall be 200 square
feet per dwelling unit.
(b)
Front, side, and rear yard setbacks in residential zoning districts.
(1)
Table 48-2 establishes the minimum
front, side, and rear yard setbacks required for each lot in a residential
zoning district.
|
Table 48-2
Setbacks for Residential Zoning Districts
| |||
|---|---|---|---|
|
Minimum Setbacks
(feet)
| |||
|
District/Use
|
Front Yard1
|
Side Yard2
(each side)
|
Rear Yard
|
|
R-1
|
60
|
25
|
50
|
|
R-2
|
50
|
20
|
45
|
|
R-3
|
40
|
12
|
35
|
|
R-4
|
35
|
8
|
30
|
|
R-5 multifamily, two-family, and row dwellings
|
35
|
12 or 50% of height, whichever is greater
|
30
|
|
R-5 all other uses
|
35
|
8
|
30
|
|
R-6
|
40
|
25
|
30
|
|
R-MM
|
35
|
8
|
30
|
|
NOTES:
| |
|---|---|
|
1
|
Section 25-48(b)(2) establishes
permitted modifications to front yard setbacks for infill projects.
Such modifications shall not apply to the R-6 District.
|
|
2
|
When a lot of record having a width less than otherwise required
by this Code is to be used for a single-family dwelling, the side
yard requirements for each side of the building shall be determined
based on § 25-48(b)(3).
|
(2)
Front yard setback modifications. In blocks where more than
40% of the lots on the block face are developed with similar uses,
the depth of the front yard setback shall be adjusted using one of
the following methods:
(i)
The front yard setback distance for an interior lot located
between two improved lots shall be determined by averaging the front
yard setbacks of the two improved lots as depicted in Figure 48-A.
 Figure 48-A
Illustration of Averaging of Front Yard Setbacks Where
Front Yard Setback for Subject Lot is Equal to (A + B) Divided by
Two
|
(ii)
The front yard setback for a lot located between an improved
lot on one side and vacant lot on the other side, or between an improved
lot and a street, or between a vacant lot and a street, shall be determined
by averaging the front yard setbacks of every improved lot within
the distances shown in Table 48-3,
beginning from the property line of the subject lot, in the same block
and along the same block face, as depicted in Figure 48-B and Figure
48-C.
  Figure 48-B
Illustration of Averaging of Front Yard Setbacks Where
Subject Lot is Adjacent to Street or Vacant Lot
In this example, the front yard setback for the subject
lot will equal (A+B+C) divided by three.
|
 Figure 48-C
Illustration of Averaging of Front Yard Setbacks Where
Subject Lot is Between Street and Vacant Lot.
In this example, the front yard setback for the subject
lot will equal (A+B+C) divided by three.
|
|
Table 48-3
Averaging Distance for Front Yard Setback Modifications in Residential
Zoning Districts
| |
|---|---|
|
District
|
Averaging Distance1
(feet)
|
|
R-1
|
500
|
|
R-2
|
400
|
|
R-3
|
350
|
|
R-4
|
200
|
|
R-5
|
300
|
|
R-MM
|
300
|
(iii)
The front yard setback for a lot located between
two improved lots where the front yard setback of one of the improved
lots exceeds the average front yard setback of all other lots on the
same block face by two times or more shall be determined by calculating
the average of all front yard setbacks on the same block face as the
subject lot excluding the lot with the enlarged setback. For blocks
that are more than 1,000 feet in length, the front yard setback average
shall be determined using all lots (or portions thereof) within a
distance of 300 feet but not fewer than three lots in each direction
of the subject lot. These calculations shall exclude the lot with
the enlarged setback from both the 300-foot distance and minimum number
of lots parameters as depicted in Figure 48-D.
 Figure 48-D
Illustration of Averaging of Front Yard Setbacks Where
One Lot Exceeds Averaged Setback and Block Face.
In this example, the front yard setback for the subject
lot will equal (A+B+D+E+F) divided by five.
|
(3)
Side yard modifications. When a lot of record having a lot width less than otherwise required by § 25-48(a) is to be used for a single-family dwelling, the side yard requirements for each side of the building shall meet the standards shown in Table 48-4.
|
Table 48-4
Side Yard Modifications in Residential Zoning Districts
| |
|---|---|
|
District
|
Side Yard Setback
(each side)
(feet)
|
|
R-1
|
1/6 of lot width, but not less than 12
|
|
R-2
|
1/6 of lot width, but not less than 12
|
|
R-3
|
20% of lot width or 12, whichever is smaller
|
|
R-4
|
5
|
|
R-5
|
5
|
|
NOTE:
|
|---|
|
When side yard modifications listed in this table are utilized,
additional restrictions on permitted encroachments apply. See § 25-47(d)(7).
|
(c)
Height standards in residential zoning districts.
(1)
Table 48-5 establishes the building
height and finished first floor height for buildings in a residential
zoning district.
|
Table 48-5
Height Standards for Residential Zoning Districts
| ||
|---|---|---|
|
District/Use
|
Infill Finished First Floor Height
|
Maximum Building Height
(feet/or stories)
|
|
R-1
|
None
|
35/2.5
|
|
R-2
|
None
|
35/2.5
|
|
R-3
|
See § 25-48(c)(3)(i)
|
35/2.5
|
|
R-4
|
See § 25-48(c)(3)(i)
|
35/2.5
|
|
R-5 multifamily, two-family, or row dwellings
|
See § 25-48(c)(3)(ii)
|
35/3
|
|
R-5 all other uses
|
See § 25-48(c)(3)(ii)
|
35/2.5
|
|
R-6
|
None
|
See § 25-48(e)(2)
|
|
R-MM
|
See § 25-48(c)(3)(i)
|
35/3
|
(2)
Half-stories.
(i)
A half-story is a space under a sloping roof that has the line
of intersection of roof decking and exterior wall face not more than
three feet above the top floor level, and in which space not more
than 2/3 of the floor area of the story immediately below is used
for residential living purposes.
(ii)
All areas with a ceiling height of five feet or greater, whether
finished floor space or not, shall be included in the calculation
of the maximum floor area allowed. See Figure 48-E, Figure 48-F, and
Figure 48-G.
(iii)
A half-story may only be permitted in a structure
with a hip or gable roof.
(iv)
A half-story shall not contain cantilevered areas, or more than
25% open dormer floor area measured where the dormer ceiling intersects
the roofline.
(v)
In single-family dwellings, a half-story shall not contain independent
apartment or living quarters, or it will be deemed a full story.
 Figure 48-E
Half-Story with Shed Dormer, Including Area To Be Included
in Floor Area Ratio
|
 Figure 48-F
Half-Story Without Dormer, Including Area To Be Included
in Floor Area Ratio
|
 Figure 48-G
Half-Story with Gable Dormer, Including Area To Be Included
in Floor Area Ratio
|
(3)
Infill finished first floor height and grade adjustment. The
following sections establish the finished first floor height and grade
adjustment requirements for infill development which is defined as
a block where more than 40% of the lots along the same block face
are developed.
(i)
In the R-3, R-4, and R-MM Districts:
a.
The maximum finished first floor height for new residential structures for an interior lot located between two improved lots shall be determined by averaging the two existing finished floor heights of the structures on either side of the subject lot. Said average shall be determined using the method described for finished first floor heights per § 25-46(m).
b.
The maximum finished first floor height for new residential
structures located between an improved lot on one side and vacant
lot on the other side or between an improved lot and a street or between
a vacant lot and a street shall be determined by averaging the existing
finished first floor heights of every improved lot within 200 feet,
beginning from the property line of subject lot, in the same block
and on the same street frontage. For corner lots, the measurement
shall be taken along both frontages and the more restrictive of the
two averages shall apply.
c.
When the maximum finished first floor height for a new residential
structure is calculated to be less than 24 inches, the maximum finished
first floor height for the new residential structure may be set to
24 inches. If the maximum first floor height for the new residential
structure would still result in any portion of the new foundation
being below the minimum requirements of the adopted Building Code,
a grade adjustment of up to 12 inches may be added to the maximum
finished first floor height, as determined by the Building Commissioner.
(ii)
In the R-5 District for lots less than 15,000 square feet:
a.
The maximum finished first floor height for new structures for
an interior lot located between two improved lots shall be determined
by averaging the two existing finished first floor heights of the
structures on either side of the subject lot.
b.
The maximum finished first floor height for new structures located
between an improved lot on one side and vacant lot on the other side
or between an improved lot and a street or between a vacant lot and
a street shall be determined by averaging the existing finished first
floor heights of every improved lot within 200 feet, beginning from
the property line of the subject lot, in the same block and on the
same street frontage. For corner lots, the measurement shall be taken
along both frontages and the more restrictive of the two averages
shall apply.
(d)
Lot coverage. Table 48-6 establishes
the maximum lot coverage for residential districts.
|
Table 48-6
Lot Coverage for Residential Zoning Districts
| |||
|---|---|---|---|
|
District
(lot area)
|
Number of Stories
|
Lot Coverage1
(percent)
|
Lot Coverage
(square feet)
|
|
Whichever is Greater
| |||
|
R-1, R-2, R-3, and R-4 (7,500 square feet or less)
|
Greater than 1
|
30%
|
1,750
|
|
1
|
35%
|
Not applicable
| |
|
R-1, R-2, R-3 and R-4 (more than 7,500 square feet)
|
Greater than 1
|
25%
|
2,250
|
|
1
|
30%
|
2,625
| |
|
R-MM
|
Not applicable
|
40%
|
Not applicable
|
|
R-5 District
|
Not applicable
|
40%
|
Not applicable
|
|
NOTE:
| |
|---|---|
|
1
|
Single-family dwellings in the R-5 and R-MM Districts shall
be subject to the maximum lot coverage based on lot area as established
for the R-1, R-2, R-3, and R-4 Districts and not the R-5 and R-MM
District maximums of 40%.
|
(e)
Floor area ratio.
(1)
Table 48-7 establishes the maximum
floor area ratio for single-family dwellings in a residential zoning
district.
|
Table 48-7
Floor Area Ratio for Single-Family Dwellings in Residential
Zoning Districts1
| ||
|---|---|---|
|
Lot Area or District
(square feet)
|
Ratio
|
Square Feet
|
|
Whichever is Greater
| ||
|
10,000 or less
|
0.35
|
2,250
|
|
More than 10,000 but less than 20,000
|
0.30
|
3,500
|
|
20,000 or more
|
0.25
|
6,000
|
|
NOTE:
| |
|---|---|
|
1
|
See § 25-48(e)(2) for
restrictions in R-6 Planned Development Districts.
|
(2)
Floor area ratio and height for R-6 Planned Development Districts.
There shall be a maximum floor area ratio of 1.5 in the R-6 District
except that where the building is set back from one or more of the
required yard setback lines, the floor area of such building may be
increased by one square foot for each one square foot of area left
open within the portion of the lot bounded by the required front,
side, and rear yard setbacks specified in Table 48-2, provided that in no event shall a building exceed
12 stories or 125 feet in height above grade.
(f)
Garage design and setback in residential districts.
(1)
This section applies only to attached residential garages that
have the vehicle entry facing the street; however, this shall only
be the frontage of least dimension for corner lots.
(2)
For the purposes of this subsection, on a corner lot, the front
yard shall only be the frontage of least dimension.
(i)
The width of an attached garage with an entrance facing the
front yard shall not exceed 55% of the overall width of the facade
of the principal structure (inclusive of the garage.).
(ii)
Only one sidewall of the residential portion of the structure
shall extend beyond the sidewall of the attached garage.
(iii)
The front facade of an attached garage shall
not project beyond the facade of the residential portion of the house
unless the garage is adjacent to a porch, in which case it may project
up to eight feet.
(g)
Number of principal buildings on a lot with a single-family dwelling.
There shall be no more than one principal building on any lot in a
single-family residential district or on a lot that contains a single-family
dwelling.
(h)
Minimum distance between principal buildings. In the R-5 District,
where more than one multifamily dwelling building or row dwelling
building is erected on a single lot, the minimum distance between
principal buildings shall be as established in Table 48-8.
|
Table 48-8
Distance Between Principal Buildings in the R-5 District
| |||
|---|---|---|---|
|
Building Facade
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
|
|
Front
|
50, plus an additional 10 for each building more than 2 stories
|
30
|
70
|
|
Side
|
30
|
20
|
30
|
|
Rear
|
70
|
30
|
50
|
[Ord. No. 10702, 2-18-2021]
This section, including accompanying tables, establishes the
minimum site development standards for all nonresidential zoning districts.
(a)
Applicability. The standards in this section apply to all nonresidential lots. Additional and/or modified standards for those properties which lie within the study area of the 2018 Downtown Master Plan and Parking Study (herein after referred to as the "Downtown Master Plan Study Area"), can be found in § 25-50.
(b)
Height and floor area ratio for nonresidential districts.
(1)
Table 49-1 establishes the maximum
building height and floor area ratio for buildings in nonresidential
zoning districts.
|
Table 49-1
Height and Floor Area Ratio for Nonresidential Zoning Districts
| ||
|---|---|---|
|
District
|
Maximum Building Height
|
Floor Area Ratio
|
|
B-1
|
25 feet or 2 stories
|
None
|
|
B-2
|
40 feet; see § 25-49(b)(2) for height standards for mixed-use developments.
|
2.5
|
|
B-3
|
None
|
2.0
|
|
B-4
|
None
|
2.5
|
|
B-5
|
None
|
None
|
|
I-1
|
35 feet or 3 stories1
|
None
|
|
NOTE:
| |
|---|---|
|
1
|
For exceptions to height in the Industrial District, please
see § 25-49(b)(3).
|
(2)
Height for mixed-use development. When a building in the B-2
District is part of a mixed-use development, the height shall not
exceed 60 feet, subject to approval by the City Council as part of
a site plan review. Architectural features may be permitted above
the height limitations, provided that the space above the maximum
height is not occupied, not used for storage, and is approved by the
City Council as part of a site plan review.
(3)
Exceptions for height in Industrial District. The following
may be permitted to exceed maximum heights listed for the I-1 District
only upon approval of a special use permit:
(i)
Chimneys, cooling towers, elevator bulkheads, stacks, tanks,
or other necessary mechanical appurtenances, extending not more than
20 feet above the roofline of a structure;
(ii)
Monuments, ornamental towers, or spires, extending not more
than 80 feet above grade; and
(iii)
Mixing plants/towers extending not more than
35 feet above grade.
(c)
Setbacks in nonresidential districts. This section establishes the
yard setback requirements, and exceptions, for nonresidential districts.
(1)
Setbacks for the B-1 District.
(i)
Front yard setback.
a.
All buildings and structures shall be set back a minimum of
35 feet from the front lot line.
b.
On a block where more than 40% of the lots along the same block
face are developed, the depth of the front yard setback shall be adjusted
as per § 25-49(c)(7).
(ii)
Side yard setback. A side yard setback is only required when
said side yard abuts a residential district, or when an alley separates
said side yard and a residential district. In that case, there shall
be a minimum side yard setback equal to that required in the abutting
residential district.
(iii)
Rear yard setback. All buildings and structures
shall be set back a minimum of 25 feet from the rear lot line.
(2)
Setbacks for the B-2 District.
(i)
Front yard setback. No front yard setback shall be required.
(ii)
Side yard setback. A side yard setback is only required when
said side yard abuts a residential district, or when an alley separates
said yard and a residential district. In that case, there shall be
a minimum side yard setback equal to 50% of the building height, but
in no case less than 10 feet.
(iii)
Rear yard setback. A rear yard setback is only
required when said rear yard abuts a residential dwelling district,
or when an alley separates said rear yard and a residential dwelling
district. In that case, the rear yard shall be equal to 50% of the
building height, but in no case less than 10 feet.
(3)
Setbacks for the B-3 District.
(i)
Front yard setback.
a.
All buildings and structures shall be set back a minimum of
50 feet from the front lot line.
b.
On a corner lot, the required front yard setback shall be applied
to each street frontage if both are major streets. If the side street
is not a major street, then the minimum front yard setback shall be
35 feet from the secondary street.
c.
On a block where more than 40% of the lots along the same block
face are developed, the required front yard setback shall be adjusted
in accordance with § 25-49(c)(7).
(ii)
Side yard setback. A side yard setback is only required when
said yard abuts a residential district, or when an alley separates
said yard and a residential district. In that case, there shall be
a minimum side yard setback equal to 1/2 the front yard setback required
in the abutting residential district; however, the side yard setback
need not exceed 20 feet in any case.
(iii)
Rear yard setback. All buildings and structures
shall be set back a minimum of 20 feet from the rear lot line.
(4)
Setbacks for the B-4 District.
(i)
On sites greater than 65,340 square feet, all structures, except
for that portion built entirely below grade with no exposed wall,
shall be set back a minimum 50 feet from the front, side, and rear
lot lines. However, a structure four stories or less in height may
be built to within 40 feet of the front lot line and within 25 feet
of the side and rear lot lines if the development plan for such structure
is approved by the City Council.
(ii)
On sites of 65,340 square feet or less, the building setbacks
specified in § 25-49(c)(4)(i) above may be modified subject to review by the Planning and Zoning
Commission and approval by the City Council as part of a development
plan.
(5)
Setbacks for the B-5 District.
(i)
A structure, except for that portion built entirely below grade
with no exposed wall, shall be set back a minimum of 50 feet from
the front, side, and rear lot lines, except that a structure four
stories or less in height may be built to within 40 feet of the front
lot line and within 25 feet of the side and rear lot lines if the
development plan of such structure is approved by the City Council.
Such requirements shall apply to the entire B-5 lot as a whole and
shall not apply to subdivided lots or smaller lots comprising less
than the entire approved B-5 development plan lot.
(ii)
Modifications to the setback requirements may be reviewed by
the Planning and Zoning Commission and approved by the City Council
as part of a development plan.
(6)
Setbacks for the I-1 District.
(i)
Front yard.
a.
All structures shall be set back a minimum of 35 feet from the
front lot line.
b.
No front yard setback shall be required for those portions of
lots which adjoin railroad rights-of-way.
c.
On a block where more than 40% of the lots along the same block
face are developed, the depth of the front yard setback shall be adjusted
in accordance with § 25-49(c)(7).
(ii)
Side yard.
a.
All buildings and structures shall be set back a minimum of
15 feet from all side lot lines.
b.
All buildings and structures on lots adjacent to residential
districts shall be set back a minimum of 35 feet from side lot lines
adjacent to such residential districts.
c.
No side yard setback shall be required for those portions of
lots that are adjacent to railroad rights-of-way.
(iii)
Rear yard.
a.
All buildings and structures shall be set back a minimum of
20 feet from the rear lot line.
b.
All buildings and structures on lots adjacent to residential
districts shall be set back a minimum of 35 feet from rear lot lines
adjacent to such residential districts.
c.
No rear yard setback shall be required for those portions of
lots that are adjacent to railroad rights-of-way.
(7)
Front yard setback modifications for infill developments.
(i)
In the B-1, B-3, and I-1 Districts, on a block where more than
40% of the lots along the same block face are developed, the minimum
front yard setback shall be adjusted as described below.
a.
The front yard setback distance for an interior lot located
between two improved lots shall be determined by averaging the front
yard setbacks of the two improved lots as depicted in Figure 49-A.
 Figure 49-A
Illustration of Averaging of Front Yard Setbacks Where
Front Yard Setback for Subject Lot is Equal to (A+B) Divided by Two
|
b.
The front yard setback for a lot located between an improved
lot on one side and vacant lot on the other side, or between an improved
lot and a street, or between a vacant lot and a street, shall be determined
by averaging the front yard setbacks of every improved lot within
200 feet in the same block and on the same street frontage as depicted
in Figure 49-B.
  Figure 49-B
Illustration of Averaging of Front Yard Setbacks Where
Subject Lot is Adjacent to Street or Vacant Lot
In the above examples, the front yard setback for the
subject lot will equal (A+B+C) divided by three.
|
c.
When nonconforming setbacks are considered as the required setbacks,
restrictions on permitted encroachments apply. See § 25-47(d)(7)(i).
(ii)
In the B-1 District, when lots or tracts of land within this
district are adjacent to and adjoining lots in a residential district,
all having the same street frontage, the minimum front yard setback
shall be the same as that required in the adjacent residential district.
(d)
(e)
Number of buildings on a lot.
(1)
More than one nonresidential structure may be erected upon a
single lot, but the yards and open spaces required around the boundaries
of the lot or tract shall not be encroached upon by any such structure,
nor shall there be any change in the intensity of use requirements.
(2)
In the B-4 and B-5 Districts, the yard and open spaces required
shall not apply to subdivided lots or smaller lots comprising of less
than the entire approved development plan lot.
[Ord. No. 10702, 2-18-2021]
(a)
This section, including accompanying tables, establishes additional
and/or modified site development standards for nonresidential zoning
districts that lie within the Downtown Master Plan Study Area.
(b)
References to Phase 1 and Phase 2 Streets are those identified in
the Thoroughfare Hierarchy Map located in said plan.
(d)
Front yard setbacks.
(1)
Table 50-1 establishes the minimum
and maximum front yard setbacks for nonresidential zoning districts
in the Downtown Master Plan Study Area.
(2)
The front yard setback requirements shall not preclude other
requirements in this Code, including, but not limited to, pedestrian
accommodation and landscaping requirements.
|
Table 50-1
Front Yard Setbacks for Nonresidential Zoning Districts Within
the Downtown Master Plan Study Area
| ||||
|---|---|---|---|---|
|
District
|
Phase 1 Street
(feet)
|
Phase 2 Street
(feet)
| ||
|
Minimum
|
Maximum
|
Minimum
|
Maximum
| |
|
B-1
|
0
|
20
|
0
|
51
|
|
B-2
|
0
|
20
|
0
|
51
|
|
B-3
|
No modifications
| |||
|
B-4
|
0
|
20
|
0
|
51
|
|
B-5
|
0
|
20
|
0
|
51
|
|
I-1
|
0
|
20
|
0
|
51
|
(e)
Street frontage occupation.
(1)
On a Phase 1 Street, a minimum street frontage occupation requirement
of 90% shall be provided.
(2)
On a Phase 2 Street, a minimum street frontage occupation requirement
of 75% shall be provided. However, with respect to corner lots only,
said minimum frontage occupation requirement shall not apply to Downtown
Phase 2 B-streets, provided that the frontage occupation requirements
are met on the A-street frontage of said corner lot. In the event
said corner lot fronts on two Phase 2, B-streets, then said frontage
occupation requirement shall apply only to one such street frontage.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. This section promotes the safe, effective, and efficient
use of solar energy systems and small wind-energy systems installed
to reduce the on-site consumption of energy supplied by public utilities
while protecting the health, safety, and welfare of adjacent and surrounding
land uses. Both solar energy systems and small wind-energy systems
are permitted as accessory uses as prescribed in each zoning district.
These systems may be used to provide supplemental energy to the site
on which they are installed or to sell to a utility company only.
In no district shall solar energy systems and small wind-energy systems
be permitted as a principal use on a lot.
(b)
Applicability. This section applies to all solar energy systems and
small wind-energy systems installed within the City of Kirkwood after
the effective date of this Code. Any upgrades, modifications, or changes
that materially alter the size or placement of an existing solar energy
system or small wind-energy system shall comply with the provisions
of this section.
(c)
Solar energy systems. Solar energy systems shall be installed and
maintained in conformance with the following requirements as well
as all other applicable codes and ordinances.
(1)
Roof-mounted solar energy systems.
(i)
All solar energy systems that are mounted on the roof of an
existing or proposed structure shall not exceed the maximum allowable
height for the structure on which it is mounted within the zoning
district in which it is located.
(ii)
All solar energy systems shall be mounted within two feet of
the roofline and shall not project beyond the peak or edge of the
roofline when mounted on a sloping roof as depicted in Figure 51-A.
 Figure 51-A
Mounting Location on Sloped Roofs
|
(iii)
All solar energy systems mounted on flat roofs
shall not exceed a height of five feet above the roofline and shall
be screened from view from the right-of-way by a parapet or setback
from the horizontal edge of the roofline a minimum of 10 feet as depicted
in Figure 51-B.
  Figure 51-B
Mounting Location on Flat Roofs
|
(2)
Freestanding solar energy systems.
(i)
All freestanding solar energy systems shall meet the side and
rear yard setbacks that are required for the principal building in
the applicable zoning district.
(ii)
In no case shall freestanding solar energy systems be located
within a required front yard or in front of the principal building
on the lot.
(iii)
Freestanding solar energy systems shall not exceed
the height of the principal building on the same lot or shall not
exceed 16 feet in height, whichever is less.
(iv)
All exterior electrical and/or plumbing lines shall be buried
below the surface of the ground.
(3)
Awning solar energy systems may be installed on the front, side,
or rear of a principal or accessory structure when the awnings meet
the required setback for architectural features in the applicable
zoning district.
(4)
Solar energy systems may be installed on the side or rear of
a principal or accessory structure when mounted within two inches
and flush against the outside wall subject to § 25-51(c)(2).
(5)
To accommodate for emerging solar energy systems which may not
be developed at the time of adoption of this Code, the Director of
Public Services may approve additional systems not mentioned herein
when the applicant can prove that the system is in conformance with
the spirit and intent of this Code and does not negatively affect
the health, safety, and welfare of the public.
(6)
All solar energy systems shall be designed and located in order
to prevent reflective glare toward any structure on adjacent properties
as well as adjacent street rights-of-way.
(d)
Small wind-energy systems. Small wind-energy systems shall be installed
and maintained in conformance with the following requirements as well
as all other applicable codes and ordinances.
(1)
Roof-mounted small wind-energy systems. All small wind-energy
systems that are mounted on the roof of an existing or proposed structure
shall not exceed the maximum allowable height for the structure on
which it is mounted within the applicable zoning district.
(2)
Freestanding small wind-energy systems.
(i)
Small wind-energy systems shall only be installed on lots with
a minimum lot area of three acres or more.
(ii)
All freestanding small wind-energy systems shall be set back
a distance equal to its total height from all lot lines and any overhead
utility lines. For the purpose of this subsection, the term "total
height" shall mean the vertical distance from finished grade to the
tip of the wind generator blade when the tip is at its highest point.
(iii)
Freestanding small wind-energy systems shall
not exceed 35 feet in total height.
(iv)
In no case shall freestanding small wind-energy systems be located
within a required front yard or in front of the principal building
on the same lot.
(v)
All exterior electrical lines shall be buried below the surface
of the ground.
(3)
There shall be no artificial illumination of small wind-energy
systems unless such lighting is required by the Federal Aviation Administration.
(4)
All signs, other than the manufacturer's identification and
appropriate warning signs, shall be prohibited on small wind-energy
systems.
(5)
Any and all nonfunctioning and/or damaged small wind-energy systems or equipment shall be dismantled and removed. If nonfunctioning and/or damaged small wind-energy systems or equipment is not dismantled and removed it shall be considered to be a violation in accordance with Article XIII, Enforcement and Penalties.
[Ord. No. 10702, 2-18-2021]
(a)
Purpose. This section provides development standards intended to
strike a balance of safety and aesthetics by providing lighting regulations
that protect drivers and pedestrians from glare and reduce, to reasonable
limits, the trespass of artificial lighting onto neighboring properties
and public or private rights-of-way.
(b)
Applicability. The following lighting regulations apply to all new outdoor lighting fixtures or the replacement of existing outdoor lighting fixtures within the City of Kirkwood unless specifically listed in § 25-52(c).
(1)
Any new building or addition equal to or greater than 50% of
the square footage of the original structure's footprint or renovation
equal to or greater than 50% of the appraised value of the improvements
on the property as determined by the St. Louis County Assessor's Office
shall require the entire site to comply with the requirements of this
section. If the development includes more than one lot, this section
shall apply to each lot individually and not the development as a
whole.
(2)
Outdoor lighting shall include all exterior lighting, including
lights mounted onto a building or structure.
(c)
Exemptions. The following shall be exempt from the regulations of
this section:
(1)
Lighting required by the FAA for air traffic control and warning
purposes;
(2)
Flagpole vertical uplighting;
(3)
Lighting in the public or private right-of-way installed by
a governmental agency for traffic control;
(4)
Lighting installed by a governmental agency for the health,
safety, and welfare of the public;
(6)
Temporary lighting as part of an approved temporary outdoor
use;
(7)
Temporary lighting for emergency repair; and
(8)
Lighting for single-family dwellings and their accessory structures.
(d)
General standards.
(1)
Submittal requirements. All applications that are subject to
the requirements of this section shall submit a lighting plan in conjunction
with the applicable site plan, special use permit, development plan,
or building permit application, whichever comes first. The lighting
plan shall be signed and sealed by a registered design professional
and include the following:
(i)
Plans indicating the location and type of all illuminating devices,
fixtures, lamps, and supports on the premises;
(ii)
Description of the illuminating devices, fixtures, lamps, supports,
and other devices, including, but not limited to, catalog cut sheets
by manufacturers and drawings; and
(iii)
Photometric plan indicating the point-by-point
footcandle layout of a lot extending a minimum of 10 feet beyond all
lot lines or until lighting levels in compliance with this section
are indicated.
(2)
Pole-mounted fixtures.
(i)
Pole-mounted lighting fixtures located equal to or less than
20 feet from a lot line shall not exceed 16 feet in height, measured
from the finished grade to the top of the fixture. The height of any
pedestals upon which pole fixtures are placed shall be included in
the overall height measurement.
(ii)
Pole-mounted lighting fixtures located greater than 20 feet
from a lot line shall not exceed 24 feet in height, measured from
the finished grade to the top of the fixture. The height of any pedestals
upon which pole fixtures are placed shall be included in the overall
height measurement.
(iii)
Pole-mounted lighting fixtures for outdoor performance
areas, sport and recreation facilities, and playfields shall not exceed
80 feet in height, measured from the finished grade to the top of
the fixture. The height of any pedestals upon which pole fixtures
are placed shall be included in the overall height measurement.
(3)
Canopies. Canopies, including, but not limited to, service stations
and convenience stores, over store and office fronts, marquees and
projecting overhangs, exterior over driveways and building entrances,
and pavilions and gazebos, shall provide recessed fixtures that incorporate
a lens cover that is either recessed or flush with the bottom surface
of the canopy or a surface-mounted fixture incorporating a flat glass
that provides full cutoff. See Figure 52-A for an illustration of
cutoff lighting fixtures.
 Figure 52-A
Cutoff Lighting Fixtures (left) Versus Non-Cutoff Lighting
Fixtures (right)
|
(4)
Except for outdoor performance areas, sport and recreation facilities,
and playfields, all lighting fixtures installed shall be at a minimum
full cutoff where no light is permitted at or above a horizontal plane
at the bottom of the fixture.
(5)
Where topographical issues exist which may cause light to cast
on neighboring properties, additional shielding requirements may be
required.
(6)
The Planning and Zoning Commission or City Council may require
lighting to be dimmed or connected to a motion detector during certain
hours of the day depending on the proposed use and adjacent uses.
(7)
Lighting intended to illuminate building elevations and landscaping
shall shine directly onto the intended surface.
(9)
Prior to the issuance of an occupancy permit, an as-built photometric
plan signed and sealed by a registered design professional shall be
submitted to the Director of Public Services for verification of compliance
with the approved lighting plan.
(10)
All lighting fixtures shall be installed and maintained in conformance
with the approved lighting plan.
(e)
Illumination levels. The illumination of lots shall be in compliance
with the following standards:
(2)
Maximum illumination levels.
(i)
The maximum level of light cast off site shall be less than
or equal to 0.5 footcandle at finished grade unless otherwise specified
herein.
(ii)
The maximum illumination level of light cast off site onto properties
with single-family residential uses shall be less than or equal to
0.1 footcandle at finished grade.
(iii)
The maximum illumination level under canopies
shall be less than or equal to 42 footcandles at finished grade.
[Ord. No. 10702, 2-18-2021]
All outside storage areas for the storage of trash and/or recyclables
shall be screened. Trash dumpster screening shall be constructed of
a sightproof fence that complements the principal building or a wall
of similar material as the main building and not less than six feet
in height with latching gates of similar or complementary materials
to completely enclose the trash dumpster.
