[Ord. No. 31-2018, § 14, eff. 8-6-2018]
A. 
Purpose. The Residential Compatibility Standards of this chapter are intended to protect residential properties and neighborhoods from the adverse impacts sometimes associated with adjacent higher density multi-unit residential development and non-residential development and uses.
B. 
Applicability.
1. 
Building Height and Setback Standards. The Building Height and Setback regulations of the Residential Compatibility Standards shall apply to all non-residential development in residential zoning districts, and all development in RM-M, RM-H, RM-VH and all non-residential base zoning districts when such development is located:
(a) 
Across the street from or adjacent to a property that is zoned R1D, R1A, R2, R3, or H; or
(b) 
Within one hundred (100) feet of a property zoned R1D, R1A, R2, R3, or H.
2. 
Other Standards. The Screening, Site Design, Operating Hours, Noise, Lighting and Odor Regulations of the Residential Compatibility Standards shall apply to all non-residential development in residential zoning districts, and to all development in all non-residential base zoning districts when such development is located:
(a) 
Across the street from or adjacent to a property that is zoned R1D, R1A, R2, R5, RM, or H; or
(b) 
Within two hundred (200) feet of a property zoned R1D, R1A, R2, R3, RM, or H.
C. 
Exemptions. Notwithstanding the applicability statement of Section 916.01.B, the following shall be exempt from the Residential Compatibility Standards to the extent indicated:
1. 
Residential Compatibility Standards shall not be triggered by property that is public right-of-way, railroad track, roadway, median, or utility easement in an RSD, RSA, RT, RTS, RM, or H.
2. 
The following shall specifically be exempt from compliance with Residential Compatibility Standards:
(a) 
Development within the GT, Golden Triangle, Riverfront and Planned Development Districts;
(b) 
Structural alteration of an existing building when such alteration does not increase the building's square footage or height;
(c) 
A change in use that does not increase the number of off-street parking spaces required (as shown in the Schedule of Off-Street Parking Standards, Section 914.02.A.
D. 
Site Plan Review. All development that is subject to Residential Compatibility Standards shall require site plan review and approval in accordance with the Site Plan Review procedures of Section 922.04.
[Memo of 3-23-2017]
A. 
Building Setbacks. The Building Setback regulations of the Residential Compatibility Standards shall apply to the sides of properties that are adjacent to or across the street from properties that are zoned R1D, R1A, R2, R3, or H in accordance with the following regulations.
1. 
Interior Sideyard Abuts Interior Sideyard of "R" Property. If the Interior Sideyard of a zoning lot of the subject property abuts the Interior Sideyard of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Front Setback. The Front Setback of the subject property shall be the same as the required Front Setback of the abutting Residential zoning district for the first fifty (50) feet adjacent to the Residential zoning lot.
(b) 
Minimum Rear Setback. The Rear Setback of the subject property shall be the same as the required Rear Setback for the abutting Residential Zoning district or fifteen (15) feet, whichever is greater.
(c) 
Minimum Interior Sideyard Setback. The Interior Sideyard Setback of the subject property shall be a minimum of fifteen (15) feet.
2. 
Interior Sideyard Abuts Rear of "R" Property. If the Interior Sideyard of a zoning lot (the subject property) abuts the Rear Yard of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Front Setback. The Front Setback of the subject property shall be the same as the required Exterior Sideyard Setback of the abutting Residential zoning district for the first fifty (50) feet adjacent to the Residential zoning lot.
(b) 
Minimum Rear Setback. The Rear Setback of the subject property shall be a minimum of fifteen (15) feet.
(c) 
Minimum Interior Sideyard Setback. The Interior Sideyard Setback of the subject property shall be a minimum of fifteen (15) feet.
3. 
Street Sideyard Across Street or Way from Front of "R" Property. If the Street Sideyard of a zoning lot of the subject property is across a street or way from the Front Yard of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Street Sideyard Setback. The Street Sideyard Setback of the subject property shall be a minimum of fifteen (15) feet.
4. 
Street Sideyard Across Street or Way from Street Sideyard of "R" Property. If the Street Sideyard of a zoning lot of the subject property is across a street or way from the Street Sideyard of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Front Setback. The Front Setback of the subject property shall be the same as the required Front Setback of the abutting Residential zoning district for the first fifty (50) feet adjacent to the Residential zoning lot.
5. 
Street Sideyard Across Street or Way from Rear of "R" Property. If the Street Sideyard of a zoning lot (the subject property) is across a street or way from the Rear of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Front Setback. The Front Setback of the subject property shall be the same as the required Street Sideyard Setback of the abutting Residential zoning district for the first fifty (50) feet adjacent to the Residential zoning lot.
(b) 
Minimum Street Sideyard Setback. The Street Sideyard Setback of the subject property shall be a minimum of fifteen (15) feet.
6. 
Rear Across Street or Way from Front of "R" Property. If the Rear of a zoning lot of the subject property is across a street or way from the Front of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Rear Setback. The Rear Setback of the subject property shall be the same as the required Front Setback of the abutting Residential zoning district or fifteen (15) feet, whichever is greater.
7. 
Rear Abuts Interior Sideyard of "R" Property. If the Rear of a zoning lot of the subject property abuts the Interior Sideyard of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Rear Setback. The Rear Setback of the subject property shall be a minimum of fifteen (15) feet.
(b) 
Minimum Street Sideyard Setback. The Street Sideyard Setback of the subject property shall be the same as the required Front Setback of the abutting Residential zoning district for the first fifty (50) feet adjacent to the Residential zoning lot.
8. 
Rear Across Street or Way from Street Sideyard of "R" Property. If the Rear of a zoning lot of the subject property is across a street or way from the Street Sideyard of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Rear Setback. The Rear Setback of the subject property shall be the same as the required Street Sideyard Setback of the abutting Residential zoning district or fifteen (15) feet, whichever is greater.
9. 
Rear Abuts Rear of "R" Property. If the Rear of a zoning lot of the subject property abuts the Rear of a zoning lot zoned "R", the following setback requirements shall apply:
(a) 
Minimum Rear Setback. The Rear Setback of the subject property shall be the same as the required Rear Setback of the abutting Residential zoning district or fifteen (15) feet, whichever is greater.
B. 
Building Heights.
1. 
Within 50 Feet of Residential. Structures or portions of structures shall not exceed forty (40) feet or three (3) stories in height when located within fifty (50) feet of property zoned R1D, R1A, R2, R3, or H.
2. 
51 to 100 Feet from Residential. Structures or portions of structures shall not exceed fifty (50) feet or four (4) stories in height when located fifty-one (51) to one hundred (100) feet from property zoned R1D, R1A, R2, R3, or H.
3. 
More Than 100 Feet from Residential. No compatibility-related height restrictions shall be imposed on structures located more than one hundred (100) feet from property zoned R1D, R1A, R2, R3, or H.
All properties subject to Residential Compatibility Standards shall be subject to the Screening Standards of Chapter 918.
The following additional site design standards shall apply to development that is subject to the Residential Compatibility Standards of this Chapter. These provisions shall not apply to uses that are accessory to uses permitted By-Right in an R1D, R1A, R2, R3, RM, or H.
A. 
No swimming pool, tennis court, ball field, or playground area shall be permitted within fifty (50) feet of property zoned R1D, R1A, R2, R3, RM, or H.
B. 
Dumpsters and refuse receptacles shall be located a minimum of thirty (30) feet from any property zoned R1D, R1A, R2, R3, RM, or H.
C. 
Parking and loading shall not be located within fifteen (15) feet of properties zoned R1D, R1A, R2, R3, RM, or H. Additional setbacks shall be required if the Zoning Administrator finds that the size and number of trucks and the hours of operation would have impact on adjacent residential properties.
[Ord. 36-2005, § 1, eff. 12-14-2005; Ord. No. 13-2017, § 1, 3-6-2017]
The following operating hour restrictions shall apply to all development that is subject to Residential Compatibility Standards:
A. 
Collection of Garbage and Recyclables. No use subject to Residential Compatibility Standards shall be served by garbage or recyclables collection services between the hours of 10:00 p.m. and 6:00 a.m.
B. 
Loading Operations. No use subject to Residential Compatibility Standards shall conduct loading or unloading operations between the hours of 10:00 p.m. and 6:00 a.m.
C. 
(Reserved)
[Ord. No. 13-2017, § 2, 3-6-2017]
No use that is subject to Residential Compatibility Standards shall generate noise in excess of forty-five (45) dB(A), or three (3) dB(A) above Background Sound Level, whichever is greater, between the hours of 10:00 p.m. and 6:00 a.m. or in excess of fifty-five (55) dB(A), or three (3) dB(A) above Background Sound Level, whichever is greater, at all other times, as measured at the lot line of any lot zoned R1D, R1A, R2, R3, RM, or H.
A. 
Background Sound Level shall mean the measured sound level in the area, exclusive of extraneous sounds and the sound contribution of the specific source in question.
B. 
Applications for generators shall include a commitment to schedule regular testing and maintenance during daytime hours in order to minimize impact on surrounding residential properties.
All lights used by development that is subject to Residential Compatibility Standards shall be arranged and controlled so as to deflect light away from any lot that is zoned RSD, RSA, RT, RM, or H. Any light or combination of lights that casts light on a public street shall not exceed one (1) foot-candle (meter reading) as measured from the centerline of such street. Any light or combination of lights that cast light on a lot zoned R1D, R1A, R2, R3, RM, or H shall not exceed 0.4 foot-candles (meter reading), as measured no more than three (3) feet inside the lot line of a lot that is zoned R1D, R1A, R2, R3, RM, or H.
No use that is subject to Residential Compatibility Standards shall be operated in a manner that causes odors that are detectable after the air has been diluted with six (6) or more volumes of odor-free air, as measured within the lot lines of a lot that is zoned R1D, R1A, R2, R3, RM, or H.
The Zoning Board of Adjustment may approve a Special Exception according to the provisions of Section 922.07 to waive one (1) or more of the Residential Compatibility Standards imposed by this Chapter, subject to the following standards:
A. 
The Board shall determine that the waiver will not create detrimental impacts on the surrounding properties, taking into consideration the physical relationship of the proposed use and structure to surrounding residential uses and structures;
B. 
The Board shall impose alternative methods which will cause the development to comply with the purpose of the Residential Compatibility Standards;
C. 
Building height restrictions found in this chapter may be waived only if there is a taller intervening structure between the proposed structure and the adjacent residential zoning district, in which case the height shall be limited to the height of the intervening structure; and
D. 
Setbacks for accessory uses, required by Section 912.04, shall be waived only if additional screening is required by the Board, beyond that required by Chapter 918, such that the items are completely screened from view from abutting residential properties at grade level of the residential properties.