A.
Generally.
The standards that are applicable to nonresidential and mixed-use parcels proposed for development are provided in Table 3.301A, Nonresidential and Mixed-Use Development Standards. The table includes provisions for minimum landscape surface ratio (LSR), floor area ratio (FAR), minimum lot area, minimum street frontage, and maximum building height.
B.
Nonresidential and Mixed-Use Development Standards.
Table 3.301A | |||||
|---|---|---|---|---|---|
Nonresidential and Mixed-Use Development Standards | |||||
Standard | Stories | Zoning District | |||
C-1 | C-2 | I-1 | PR | ||
Minimum Landscape Surface Ratio (LSR) | N/A | 15% | 1% | 15% | 20% |
Floor Area Ratio (“FAR”)2 | 1 | 0.280 | 0.962 | 0.462 | 0.342 |
2 | 0.335 | 1.852 | N/A | 0.435 | |
3 | N/A | 2.680 | N/A | 0.478 | |
Density | N/A | N/A | See Notes 1 and 4 | N/A | N/A |
Minimum Area of Parcel Proposed for Development | N/A | 1 ac. | N/A | 2 ac. | 1 ac. |
Minimum Frontage | N/A | 100' | 25' | 100' | 125' |
Maximum Building Height3 | N/A | 45' | 50' | 50' | 45' |
TABLE NOTES: | |
|---|---|
N/A - Not Applicable | |
1. | No off-street parking is required in the C-2 district, except for live-work units and multi-family as set out in Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts. |
2. | The FARs account for the landscape surface ratio (including setbacks, bufferyards, on-site drainage, and parking lot landscaping) and required on-site parking, excluding the C-2 district. Multiplying the site area by the FAR determines the maximum building size. |
3. | Refer to subsection D.2.c., Setback Planes, of this Section. |
4. | Refer to the maximum gross density for live/work units in the C-2 district. See Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts. |
C.
Subdivision of Nonresidential and Mixed-Use Parcels.
1.
Street Frontage and Area.
The minimum street frontage and minimum area of parcels proposed for development may be reduced with respect to the subdivision of individual lots within a development if it is demonstrated that:
a.
The area of the principal parcel from which the lot is subdivided complies with the requirements of Table 3.301A, Nonresidential and Mixed-Use Development Standards, before subdivision;
b.
Appropriate easements are recorded to provide for:
2.
Building Spacing.
For the purposes of the requirements of Table 3.301B, Nonresidential and Mixed-Use Setbacks, lots created pursuant to this Section shall be considered part of the principal parcel. However, buildings shall be spaced at least 20 feet apart.
3.
Access.
Lots created pursuant to this subsection are not entitled to individual access to abutting streets unless they meet the access management requirements set out in Division 5.200, Access Management and Circulation.
4.
Required Buffer.
Lots created pursuant to this Section are not required to be buffered from the principal parcel from which they are subdivided unless they are in different zoning districts.
D.
Nonresidential and Mixed-Use Setbacks.
1.
Generally.
The standards of this subsection apply to nonresidential and vertically mixed-use buildings. If Division 7.300, Bufferyard Landscaping, requires a bufferyard that is wider than the setback that is required by this Section, then the width of the setback shall be at least the width of the required bufferyard.
2.
Principal Buildings.
a.
The required setbacks for nonresidential and mixed-use buildings are set out in Table 3.301B, Nonresidential and Mixed-Use Setbacks.
b.
Residential district boundary setbacks (set out in the last row of Table 3.301B, Nonresidential and Mixed-Use Setbacks), apply to buildings or outdoor uses (except parking) on parcels that abut property that is located in the R-1, R-2, NC or NT districts. If the residential district boundary setback is indicated as “N/A,” then there are no special setback requirements in relation to abutting residentially zoned property (i.e., the other columns of the table control).
Table 3.301B | ||||
|---|---|---|---|---|
Nonresidential and Mixed-Use Setbacks | ||||
Standard | Zoning District | |||
C-1 | C-2[3] | I-1 | PR | |
Front | 25' | 0' | 25' | 50' |
Interior Side | 15' | 0' | 20' | 50' |
Street Side | 15' | 0' | 25' | 50' |
Rear | 25' | 0' | 40' | 50' |
Residential District Boundary1,2 | 20' | N/A | 100' | 50' |
TABLE NOTES: | |
|---|---|
1. | Refer to subsection D.2.c., Setback Planes, of this Section. |
2. | If a two-story structure is constructed on a lot or parcel that abuts or is contiguous to a residential district or use, there shall be no windows, doors, or other openings constructed on that side of the second story facing the residentially zoned or used property. |
3. | Refer to subsection E., C-2 District Setbacks, of this Section. |
c.
Setback Planes.
Where a nonresidential or mixed-use building abuts or is contiguous to a residentially zoned or used property, then in addition to the building setback line as set out in Table 3.301B, Nonresidential and Mixed-Use Setbacks, the building shall be set back one foot from the property line for each one foot in building height over the maximum building height (see Figure 3.301A, Setback Planes.) This is applicable if the maximum building height set out in Table 3.301B, Nonresidential and Mixed-Use Setbacks is greater than that allowed in the residential district.
Figure 3.301A Setback Planes  |
E.
C-2 District Setbacks.
1.
Generally.
For all development in the C-2 district, principal structures shall be built on the front lot line (the “build-to line”). Portions of the facade that are recessed in order to satisfy the requirements of Division 10.200, Nonresidential and Mixed-Use Design Standards, are permitted to be set back from the build-to line by up to three feet. All buildings shall meet these requirements, except under the following conditions (see Figure 3.301B, Permitted Setbacks in the C-2 District):
Figure 3.301B Permitted Setbacks in the C-2 District  |
a.
Where the use, in whole or in part, is an existing dwelling unit.
b.
Where the use is established in an existing building that exceeds the build-to line as of the effective date of this UDC. In this case, the existing building may:
i.
Remain in its current location, utilizing the front setback as:
c.
Where the average setback of buildings along the block front or, in the instance of a corner lot, along one or both block fronts exceed the build-to line. In this case, the building may be:
d.
Where there is a public sidewalk that is up to six feet wide, the building must be set back in order to provide the additional space to expand the sidewalk onto the private lot to construct a sidewalk that is at least six feet in width. In this case, the building shall be constructed to a build-to line that is coterminous with the edge of the sidewalk that is provided on the private lot.
e.
Buildings may be set back up to a distance of 20 feet from the build-to line in order to provide a designated public plaza or outdoor service area according to the following standards:
i.
The public plaza or outdoor service area shall be designated upon development approval and maintained as a publicly accessible space;
ii.
Any service uses that take place in the designated setback area must directly relate to the activity of the primary ground floor use (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); and
iii.
When the area is not being used as an outdoor service area, it shall remain generally accessible to the public and function as an extension of the public sidewalk environment.
2.
Side and Rear Setbacks.
Side and rear setbacks are not required in the C-2 district, except when the C-2 district abuts an NC or NT district (including applicable subdistricts), the same setbacks applicable to the NC or NT district shall also apply to the abutting or contiguous lot line(s) of the C-2 district.
3.
Encroachments.
The City may permit, by recorded license agreement, encroachments into the public right-of-way if the encroachments meet all of the following standards (see Figure 3.301C, Permitted Encroachments):
a.
Encroachments up to 18 inches into the right-of-way are permitted below an elevation of eight feet above grade if it is demonstrated that:
b.
Encroachments up to four feet are permitted above an elevation of eight feet above grade if it is demonstrated that:
i.
The encroachment does not impact the general functionality of the public sidewalk;
ii.
The encroachment is set back at least one foot from the face of the curb; and
iii.
The encroachment does not create unsafe clearances from other elements of the right-of-way (e.g., street lighting, landscaping, vehicular movement, etc.).
Figure 3.301C Permitted Encroachments  |
(Ordinance 2015-30 adopted 10/30/15)