The purpose of this article is to place all of the use development standards in one place in as simple a format as possible. With the exception of the provisions of Articles II through XII pertaining to general standards applying in any district (home occupation and off-street parking and loading) and general provisions relating to special situations in any district (accessory uses, nonconformities, earth removal and filling and grading, unusual height and yard situations and utility service provisions), along with shoreland zoning provisions, all of the use development standards are contained in this one article.
Numerical standards, height and density concepts, yard requirements and other measurements of development, bulk or intensity need to be clearly understood if such standards are to be properly applied. This section explains the following terms used in the tables in this article.
A. 
Height limits. Height limitations are established by three factors which define a building envelope for a lot in the specific district:
[Amended 12-11-2000 by Ord. No. 01-42; 5-10-2004 by Ord. No. 04-125]
(1) 
Maximum district height: the maximum limit on height at any point on a lot in any part of the district.
(2) 
Maximum building height at minimum yard setback line:
(a) 
Front yard: is equal to minimum setback dimension.
(b) 
Side yard: is equal to two times the minimum side yard dimension.
(c) 
Rear yard: is equal to minimum rear yard dimension.
(d) 
Where a setback is less than 20 feet, maximum height at setback line is 20 feet.
[Amended 4-24-2017 by Ord. No. 17-135]
(3) 
Maximum height within buildable area is equal to maximum building height at minimum yard line, plus one foot above building line maximum for each additional foot distance from the property line, up to the district maximum height (as prescribed in the district regulations).
(4) 
The maximum building height limitation at the minimum yard setback line shall not apply in the Downtown Development District, Bass Park District, Airport Development District or Waterfront Development District. The maximum building height limitation at the minimum front yard setback line shall not apply in the Multifamily and Service District (M & SD) or Urban Service District (USD), and the maximum building height limitation at the minimum side and rear yard setbacks shall only apply to properties in the Multifamily and Service District (M & SD) or Urban Service District (USD) that abut lots in the URD-1, URD-2, or LDR Districts.
[Amended 4-11-2011 by Ord. No. 11-100; 6-10-2024 by Ord. No. 24-164]
(5) 
Rooftop mechanical equipment shall be allowed to extend up to 10 feet above the maximum district height limitation, provided that, if located on a lot in a residential district, any rooftop mechanical equipment is screened from view with suitable elements of a permanent nature, finished to blend in with the rest of the building. Where such screening is not feasible, equipment shall be installed in a neat, presentable manner and, if possible, shall be painted to minimize its visibility.
[Added 6-10-2024 by Ord. No. 24-164[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection A(5) as Subsection A(7).
(6) 
Roof-mounted or building-integrated solar shingles, panels, or canopies shall be allowed to extend above the maximum district height limitation as follows:
[Added 6-10-2024 by Ord. No. 24-164]
(a) 
In residential zones, up to three feet above the maximum height allowed in the underlying zone. In the case of flat roofs, the solar energy system may be up to five feet above the maximum height allowed in the underlying zone. All roof-mounted solar energy systems shall be set back from the edge of the roof by one foot for every one foot of solar energy system height.
(b) 
In all other zones, up to four feet above the maximum height allowed in the underlying zone. In the case of flat roofs, the solar energy system may be up to 10 feet above the maximum height allowed in the underlying zone. All roof-mounted solar energy systems shall be set back from the edge of the roof by one foot for every one foot of solar energy system height.
(7) 
The building envelope sketch below illustrates the interaction of these three factors on height control.
B. 
Floor area ratio. "Floor area ratio" (FAR) is the maximum that the ratio of building gross floor area divided by lot area (for a given lot) cannot be exceeded for that use or district.
C. 
Impervious surface ratio (ISR). The "impervious surface ratio" is the maximum percent of surface area of a lot or site which is not to be loamed, reseeded or revegetated after construction of site development project.
D. 
Buffer yard.
(1) 
A "buffer yard" is a designated area along the rear and side yards of a site development which is to be planted and landscaped in a certain manner (or alternative manners) to lessen the impact of one site development upon another. The buffer yard requirements are shown in 100-foot-long units. Lots with a yard of less than 100 feet in length will be required to provide buffer yard elements in proportion to the 100-linear-foot requirements indicated below. All fractions of trees or shrubs will be considered whole plants. There are five different types of buffer yards which may be required under Article XIV: Buffer Yards A, B, C, D and E, as defined by the illustrations which follow.[2]
[Amended 4-9-2007 by Ord. No. 07-97; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[2]
Editor's Note: Buffer yard illustrations are included as attachments to this chapter.
(2) 
Minimum standards for buffer yard trees and shrubs. All plants in prescribed buffer yards will meet the following minimum standards:
[Amended 4-9-2007 by Ord. No. 07-97]
(a) 
Trees and shrubs.
[1] 
Trees.
[a] 
Evergreen: minimum height of four feet.
[b] 
Deciduous: minimum caliper of 1 1/2 inches measured six inches from the root ball.
[2] 
Shrubs.
[a] 
Evergreen: minimum height of 18 inches.
[b] 
Deciduous: minimum height of 24 inches.
(b) 
A minimum of 50% of the required shrubs shall be of an evergreen variety. Buffer yards less than 20 feet in width should consider ornamental or understory trees where space is limited. Street trees are recommended where a public esplanade is available.
(3) 
Plant spacing.
[Added 4-9-2007 by Ord. No. 07-97]
(a) 
The following guideline should be considered in spacing of adjacent plants by type:
Type
Mature Width
(feet)
Spacing
(feet on-center)
Street trees
50
100
Understory trees
20 to 40
30 to 50
Large shrubs
10 to 30
10
Small shrubs
5
5
(b) 
Grouped planting beds are encouraged, but plant materials should not leave an unscreened opening greater than 25 feet when measured at tree canopies at 50% of full growth.
(4) 
Substitutions.
[Added 4-9-2007 by Ord. No. 07-97]
(a) 
Existing vegetation may be preserved and maintained to meet the applicable buffer yard, provided the vegetation is of a type and variety to mix the mix of plants for specific buffer yards. Applicants may also enhance existing vegetation to meet the range of types required in specific buffer yards.
(b) 
Parking lot buffers may substitute a landscaped berm for six shrubs, provided that the berm is a minimum of three feet higher than the elevation of the adjacent parking lot being buffered.
(c) 
Transition yard buffers may substitute a minimum six-foot opaque fence for eight shrubs.
(d) 
Landscape boulders that are a minimum of 48 inches tall by 48 inches wide may be substituted for up to 50% of the required shrubs.
(e) 
A minimum three-foot stone or masonry wall may be substituted for 10 shrubs.
[Added 3-08-2021 by Ord. No. 21-098]
A. 
Egress door orientation.
(1) 
Applicability: This requirement applies to land development and/or building permits received on March 18, 2021, or thereafter for the construction of principal buildings containing dwelling(s) in the Urban Residence 1 and Urban Residence 2 Districts.
(2) 
Principal building(s) containing dwelling(s) shall have an egress on the facade facing the front yard.
(3) 
Exceptions: accessory dwelling units, mobile homes, manufactured homes, dwellings on flag lots.
(4) 
Exceptions with conditions:
(a) 
Corner lots shall have an egress on one of the front yards.
(b) 
By application to the Code Enforcement Officer or, where a land development permit is required, this Planning Board, this requirement may be waived in cases where:
[1] 
For reconstruction of a previous dwelling unit, the previous building did not have an egress on the facade facing the front yard.
[2] 
The lot width is less than 50 feet.