A. 
Generally.
This Division establishes standards for the development, redevelopment, and substantial improvement of lots and buildings in established neighborhoods.
1. 
Neighborhood Conservation Standards.
In the NC subdistricts of NC-R1, NC-R2, NC-R3, NC-R4, and NC-MH, all proposed development of vacant lots, redevelopment of existing buildings, or expansion of existing buildings, shall comply with Section 3.202, Neighborhood Conservation Standards.
2. 
Alternative Neighborhood Conservation District Standards.
In the NC subdistricts of NC-R1, NC-R2, NC-R3, NC-R4, and NC-MH, alternative standards (see Section 3.203, Alternative Neighborhood Conservation Standards) are provided for the expansion or reconfiguration of existing buildings when the expansion or reconfiguration cannot comply with the general development standards set out in Section 3.202, Neighborhood Conservation Standards.
3. 
Alternate Neighborhood Transition District Standards.
In the NT subdistrict of NT-R5 and NT-R6, standards are provided which allow the aggregation of lots as a means to allow a different form of development or redevelopment than what was traditionally allowed.
B. 
Conforming Buildings and Lots.
1. 
Buildings.
All buildings that lawfully existed or were the subject of an active building permit on the effective date of this UDC are “conforming” buildings with respect to the height and setback requirements set out in this Division if they are located in the NC-R1, NC-R2, NC-R3, NC-R4, NC-MH, NT-R5, or NT-R6 subdistricts. However, this Section does not make the following buildings conforming:
a. 
Buildings that were constructed without required permits; and
b. 
Buildings that were constructed in violation of permit requirements.
2. 
Lots.
All lots that lawfully existed on the effective date of this UDC are “conforming” with respect to lot width and lot area if they are located in the NC-R1, NC-R2, NC-R3, NC-R4, NC-MH, NT-R5, or NT-R6 subdistricts. The lot width and lot area requirements of Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, or Table 3.204A, Lot and Building Standards for NT-R5, or Table 3.204B, Lot and Building Standards for NT-R6 Lots, apply only to the subdivision or combination of existing lots or parcels within these districts after the effective date of this UDC. However, this Section does not make originally platted conforming lots, later split by a metes and bounds description, into a nonconforming lot.
C. 
Nonresidential Uses.
1. 
All lawfully permitted nonresidential uses may be continued provided that they were constructed in conformance with the original permit or conditional use permit and the development regulations at the time of permitting.
2. 
Expansions to existing nonresidential uses shall be in conformance with the original permit or conditional use permit and the development regulations at the time of permitting. If an expansion was not considered during the initial grant of approval, the expansion shall comply with subsection C.3., below.
3. 
Substantial improvement, redevelopment, and new nonresidential development, shall comply with all applicable provisions of this UDC, including those set out in Part 1, Zoning Districts and Land Uses, Division 2.200, Limited and Conditional Use Standards, Division 3.300, Nonresidential and Mixed-Use Lot and Scale Standards, Article 11, Supplemental Standards, applicable sections of Part 3, Site Design, among other applicable sections of this UDC.
D. 
Relationship to Variances.
Compliance with the standards of this Division are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the general or alternative standards of this Division.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The standards of this Section are applied as a matter of right in the NC-R1, NC-R2, NC-R3, NC-R4 and NC-MH subdistricts. If an application does not comply with these standards, which are consistent with those of existing development, then the parts of the application that do not comply (e.g., setbacks) are evaluated according to the alternate development standards set out in Section 3.203, Alternative Neighborhood Conservation Standards. If parts of the application do not comply with either these standards or the alternative standards, then a variance may be sought.
B. 
Setbacks.
Setback standards apply in a different manner than in conventional zoning districts. In the NC district, they apply:
1. 
To new homes that are built on vacant lots, or on lots where the existing building is torn down and rebuilt; and
2. 
To determine how expansions to existing homes are approved, as follows:
a. 
Expansions of existing buildings that are set back in accordance with the setback standards are approved by the issuance of a new permit; and
b. 
Expansions of existing buildings that are not set back in accordance with the setback standards are reviewed for compliance with alternative development standards before a permit can be issued (see Section 3.203, Alternate Neighborhood Conservation Standards).
C. 
Lot Standards.
The lot standards in each NC subdistrict are set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts. These standards do not make existing development nonconforming.
Table 3.202
Lot and Building Standards for Neighborhood Conservation Subdistricts
Sub-district
Equivalent District Prior to Effective Date
Predominant Housing Type
Minimum Lot Width
Lot Area
Minimum Setback
Maximum Building Height
Minimum
Maximum
Front
Interior Side
Street Side
Rear
NC-R1
R-1
Single-family detached dwellings
40'
4,000 sf
8,000 sf
20'
5'
5'
15'
35'
NC-R2
R-2
Duplex (two-family residential) dwellings1
N/A
N/A
N/A
20'
5'
5'
15'
35'
NC-R3
R-3
Multi-family dwellings1
N/A
N/A
N/A
20'
5'
5'
15'
35'
NC-R4
R-1
Single-family detached dwellings
80'
8,000 sf
N/A
20'
5
5'
15'
35'
NC-MH
MH
Manufactured Homes2
40'
4,000 sf
N/A
20'
5'
5'
15'
35'
 
MHP
 
 
 
 
 
10'
10'
20'
 
MHO
NC-R1 NT-R5
Manufactured Homes[3]
40'
4,000 sf
N/A
20'
10'
10'
15'
35'
TABLE NOTES:
1.
Duplex and multi-family buildings are conforming. Expansions to individual dwelling units are allowed provided that no portion of any building shall be closer than 20 feet from any other building and all lot and building standards of this Section have to be met. No new dwelling units are allowed.
2.
Manufactured homes are allowed to be replaced provided that the replacement units meet the standards of this Section as well as Section 10.103, Manufactured Home Unit Standards and Section 12.107, Nonconforming Manufactured Homes.
3.
Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 4, adopted 7/19/16)
A. 
Generally.
This Section applies only to modifications of existing buildings, where the proposed modification involves encroachment into a setback that is required by Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts. Any specific setback (e.g., front yard, interior side yard, street side yard, or rear yard) that complies with the table is not subject to further review under this Section.
B. 
Relationship to Variances.
Compliance with the standards of this Section is equivalent to compliance with the standards of Section [Table] 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, and approvals hereunder are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the standards of this Section.
C. 
Relationship to Easements and Rights-of-Way.
The standards of this Section shall not be construed to authorize construction of buildings or portions of buildings in utility or drainage easements or public rights-of-way.
D. 
Alternative Front Setbacks.
The following standards may be applied to front setbacks as an alternative to the front setback standards in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts:
1. 
Enclosure of Front Porches.
Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.
2. 
Addition of Front Porch.
Front setbacks may be reduced by up to six feet from the standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, in order to allow for the construction of a front porch, provided that:
a. 
The added front porch would not be located closer than 10 feet to the front property line;
b. 
The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 sf.; and
c. 
The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.
3. 
Front Setback Averaging.
Front setbacks may be reduced to the average front setback along the same side of the same street segment in the same zoning district, provided that:
a. 
The parcel proposed for development is not counted in the calculation; and
b. 
If the parcel proposed for development takes vehicular access from the front, the driveway must be at least:
i. 
25 feet long, measured from the property line at the right-of-way to a building wall or garage door; and
ii. 
The width of the garage door(s) are not more than 18 feet or less than nine feet in width (see Figure 3.203, Illustrative Front Setback Averaging).
Figure 3.203
Illustrative Front Setback Averaging
In the illustration above, the general setback, labeled “G,” is 20 feet. However, the average setback of all other lots on the same side of the street segment is 14 ft. ((10 + 15 + 10 + 25 + 10) / 5 = 14), which is labeled as “A.”
If the building on the parcel proposed for development meets the vehicular access requirements of a 9 ft. x 25 ft. driveway, the front setback may be reduced to 14 feet.
E. 
Alternative Street Side Setbacks.
The following standards may be applied to street side setbacks as an alternative to the street side setback standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts.
1. 
Wide Planting Strip.
The street side setback may be reduced by up Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, if:
a. 
There is an existing sidewalk along the side street that is at least four feet wide;
b. 
A planting strip is located within the public right-of-way between the edge of the sidewalk and the property line;
c. 
The planting strip is at least five feet wide along the portion of the property that would be affected by the setback reduction; and
d. 
The street is classified as a local residential street and there are no plans for expansion of the paved width of the street.
2. 
Subdivision Fencing Along Arterial or Collector Street.
The street side setback may be reduced to five feet if:
a. 
The street side yard abuts a bufferyard that screens the development from an arterial or collector street;
b. 
The bufferyard includes an opaque fence that complies with the standards of Section 11.103, Fences and Walls, with respect to the continuity of subdivision fencing, and separates the side yard from the street;
c. 
There is at least four feet of clearance between the building wall of the dwelling unit and the fence at all points;
d. 
The setback reduction applies to not more than 40 percent of the length of the side building wall of the dwelling unit; and
e. 
The portion of the building to which the reduced setback applies is not more than one story in height.
F. 
Alternative Interior Side Setbacks.
Interior side setbacks may be reduced to three feet along lot lines that abut tracts that are designated as permanent open space or servitude, provided that the tracts are at least 50 feet wide along the entire length of the lot line.
G. 
Alternative Rear Setbacks.
The following standards may be applied to rear setbacks as an alternative to the rear setback standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts.
1. 
Abutting Permanent Open Space.
Rear setbacks that abut lots or parcels that are designated as permanent open space or servitude that is at least 50 feet wide along the distance of the lot proposed for development may be reduced to 10 feet.
2. 
Subdivision Fencing Along Arterial or Collector Street.
The rear setback may be reduced to 10 feet if:
a. 
The rear yard abuts the right-of-way for an arterial or collector street;
b. 
An opaque fence that complies with the standards of Section 11.103, Fences and Walls, with respect to the continuity of subdivision fencing, separates the rear yard from the street;
c. 
The setback reduction applies to not more than 40 percent of the length of the rear building wall of the dwelling unit; and
d. 
The portion of the building to which the reduced setback applies is not more than one story in height.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
For the purpose of enabling and encouraging neighborhood transition or redevelopment to occur on vacant lots and blocks within the NT district, alternate lot, building, and design standards are provided in this Section. In general, this Section provides alternate lot and building standards (i.e., reductions) from those set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, which are intended to allow the aggregation and redevelopment of existing lots using different housing types (e.g., cottages, duplexes, triplexes, and townhouses) to improve development yield during redevelopment. For lots that cannot be aggregated, lot and building standards have been set to still allow single-family detached dwellings and/or in some cases, cottages, while still meeting the minimum performance standards.
B. 
Alternate Standards for the NT-R5 Subdistrict.
1. 
NT-R5 Lot and Building Standards.
New development, redevelopment, and substantial improvement of lots within the NT-R5 subdistrict shall comply with the standards of Table 3.204A, Lot and Building Standards for NT-R5 Lots.
Table 3.204A
Lot and Building Standards for NT-R5 Lots
Sub-district
Equivalent District Prior to Effective Date
Predominant Housing Type1
Minimum Number of Existing Lots Needed2
Total Units
Number of Bonus Units
Minimum Lot Width
Lot Area
Minimum Setback
Max. Building Height
Minimum
Maximum
Front
Interior Side
Street Side
Rear
NT-R5
R-1
Single-Family Detached
1
1
0
40'
4,000 sf
12,000 sf+
15'
5'
5'
15'
35'
 
 
Duplex
3
4
1
30'
3,000 sf
N/A
15'
0'
5'
15'
35'
 
 
Triplex
4
6
2
22' for interior units
2,200 sf
N/A
15'
0'
5'
15'
35'
 
 
 
 
 
 
27' for end units
2,700 sf
 
 
 
 
 
 
 
 
Townhouse
5
7
2
24' for interior units
2,400 sf
N/A
15'
0'
5'
15'
35'
 
 
 
 
 
 
40' for end units
4,000 sf
 
 
 
 
 
 
MHO
NC-R1
NT-R5
Manufactured Homes[3]
1
1
0
40'
4,000 sf
N/A
20'
10'
10'
15'
35'
TABLE NOTES:
1.
Any unit for single-family detached (including cottages) or attached housing may be industrialized housing; provided however, that the building form and design meets the minimum lot and design standards of this Section and Table 2.202, Residential Limited and Conditional Use Standards. Manufactured homes are not allowed unless they existed on the effective date.
2.
In order to develop the duplex, triplex, or townhouse types of housing, an aggregation of contiguous lots is necessary. For example, in the NT-R5 subdistrict, three 40-foot contiguous lots would need to be aggregated, and then then [sic] either platted as four separate 30-foot duplex lots (or consolidated into a single lot using a condominium form of ownership meeting the same lot and design standards). This aggregation of three existing lots allows the development of one additional dwelling unit when redeveloped under the new standards set out in this Section.
3.
Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.
2. 
Illustrative Lot Configurations.
Set out in Figure 3.204A, NT-R5 Illustrative Lot Configurations, are illustrative lot configurations depicting how the aggregation and replatting of lots and different housing types can used to improve development yield.
Figure 3.204A
NT-R5 Illustrative Lot Configurations
Single-Family Detached
Duplexes
Triplexes
Townhouses
C. 
Alternate Standards for the NT-R6 Subdistrict.
1. 
NT-R6 Lot and Building Standards.
New development, redevelopment, and substantial improvement of lots within the NT-R6 subdistrict shall comply with the standards of Table 3.204B, Lot and Building Standards for NT-R6 Lots.
Table 3.204B
Lot and Building Standards for NT-R6 Lots
Sub-district
Equivalent District Prior to Effective Date
Predominant Housing Type1
Minimum Number of Existing Lots Needed2
Total Units
Number of Bonus Units
Minimum Lot Width
Lot Area
Minimum Setback9 [sic]
Max. Building Height
Minimum
Maximum
Front
Interior Side4[sic]
Street Side
Rear4[sic]
NT-R6
R-1
Cottage
1
1
0
30'
2,700 sf
4,000 sf
15'
2.5'
7.5'
15'
35'
 
 
Duplex + Cottage
4
5
1
30' for cottage
2,700 sf
N/A
15'
0'
5'
15'
35'
 
 
 
 
 
 
22.5' for duplex
2,025 sf
 
 
 
 
 
 
 
 
Triplex
5
6
1
20' for interior units
1,800 sf
N/A
15'
0'
7.5'
15'
35'
 
 
 
 
 
 
27.5' for end units
2,475 sf
 
 
 
 
 
 
 
 
Townhouse
5
7
2
20' for interior units
1,800 sf
N/A
15'
0'
5'
15'
35'
 
 
 
 
 
 
25' for end units
2,250 sf
 
 
 
 
 
 
TABLE NOTES:
1.
Any unit for single-family detached (including cottages) or attached housing may be industrialized housing; provided however, that the building form and design meets the minimum lot and design standards of this Section and Table 2.202, Residential Limited and Conditional Use Standards. Manufactured homes are not allowed unless they existed on the effective date.
2.
In order to develop the duplex, triplex, or townhouse types of housing, an aggregation of contiguous lots is necessary. For example, in the NT-R5 subdistrict, three 40-foot contiguous lots would need to be aggregated, and then then [sic] either platted as four separate 30-foot duplex lots (or consolidated into a single lot using a condominium form of ownership meeting the same lot and design standards). This aggregation of three existing lots allows the development of one additional dwelling unit when redeveloped under the new standards set out in this Section.
2. 
NT-R6 Illustrative Lot Configurations.
Set out in Figure 3.204B, NT-R6 Illustrative Lot Configurations, are illustrative lot configurations depicting how the aggregation and replatting of lots and different housing types can used to improve development yield.
Figure 3.204B
NT-R6 Illustrative Lot Configurations
Cottages
Cottage and Duplexes
Triplexes
Townhouses
D. 
Design Standards for Improvement of Existing NT Buildings.
Front setbacks may be reduced for lots with existing buildings for the following purposes.
1. 
Enclosure of Front Porches.
Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.
2. 
Addition of Front Porch.
Front setbacks may be reduced by up to six feet from the standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, in order to allow for the construction of a front porch, provided that:
a. 
The added front porch would not be located closer than 10 feet to the front property line;
b. 
The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 square feet; and
c. 
The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.
E. 
Design Standards for the Development, Redevelopment, and Substantial Improvement of NT Lots.
All of the following apply for the development, redevelopment, and substantial improvement of NT lots.
1. 
Housing Types.
The use of alternative housing types (i.e., duplexes, triplexes, and townhouses) shall only be used when the lots are aggregated and replatted meeting the standards of lot and building standards as set out in Table 3.204A, Lot and Building Standards for NT-R5 Lots and Table 3.204B, Lot and Building Standards for NT-R6 Lots.
2. 
Front Porches.
a. 
Front porches are required with all new development, redevelopment, and substantial improvement.
b. 
The added front porch cannot be located closer than 10 feet to the front property line, although the unenclosed and uncovered stairs may extend an additional five feet towards the front property line;
c. 
The area of the front porch (including areas under roof overhangs) that is in the reduced setback area cannot exceed 60 square feet; and
d. 
The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.
3. 
Parking.
New parking spaces are required with all new development, redevelopment, and substantial improvement.
a. 
New parking spaces are required as set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.
b. 
New parking spaces shall be an improved hard surface and may require the improvement of the rear alley where the parking spaces take access.
c. 
Parking spaces shall be designed as follows:
i. 
Cottages.
May be allowed to park in the street.
ii. 
Single-family detached:
New parking spaces may be located in the front yard, provided that the parking space is long enough to allow the vehicle to be parked without blocking pedestrian movement along the sidewalk, or in the rear yard via rear alley access.
iii. 
Duplexes, Triplexes, and Townhouses.
New parking spaces shall be provided in the rear yard with alley access.
4. 
Sidewalk.
Starting at the property boundary, a three foot street tree lawn and five five [sic] foot sidewalk shall be provided with all new development, redevelopment, and substantial improvement.
5. 
Tree.
One tree shall be provided on each lot with all new development, redevelopment, or substantial improvement. The tree may be located in the street tree lawn or in any yard.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 5, adopted 7/19/16)