§ 21.301.02 STRUCTURE PLACEMENT.

   (a)   Purpose. The tables in this section depict minimum and maximum structure setback requirements by zoning district.

   (b)   Table key. The following labeling conventions apply to each table in this section.

      (1)   Setbacks from public streets. All setbacks from public streets or proposed public streets must be measured from the planned widened rights-of-way in accordance with the Master Street Plan of the city.

      (2)   Rear and side. For corner sites that abut two public streets and for which it is not apparent due to lot configuration or past approval which property line is the rear and which property line is the side, the applicant may select which property line to consider rear and which to consider side.

      (3)   Abutting residential. For the purpose of determining the required setback abutting residential, a site is considered to be “residential” if it is guided residential by the Comprehensive Plan.

      (4)   Building facade with street frontage. Where applicable, at least 75% of any building facade with street frontage must meet the listed maximum setback requirement. The City Council may waive maximum setback requirements through the planned development process for buildings with more than two street frontages.

   (c)   Encroachments. Selected site features and equipment are allowed to encroach into the required setback area to the extent specified in § 19.08.

   (d)   Residential District setbacks.

      (1)   Residential structure setbacks in residential districts.

Zoning District	Along Streets**	Rear	Side Not Along Streets
	Minimum	Minimum	Minimum
R-1	30 feet. Setbacks also subject to the exception in subsection (4) below.	30 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service	10 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service
RS-1	30 feet or as required in subsection (3) below, whichever is greater. Setbacks also subject to the exception in subsection (4) below.	30 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service	10 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service
R-1A	75 feet or as required in subsection (3) below, whichever is greater*. Setbacks also subject to the exception in subsection (4) below.	75 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service	30 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service
R-3	30 feet*	30 feet 10 feet for garages and accessory buildings not connected to water or sanitary sewer	10 feet
R-4, RM-12, RM-24, RM-50	40 feet*	30 feet 10 feet for garages and accessory buildings not connected to water or sanitary sewer	10 feet plus 0.25 feet for each foot in height over 30 feet
RM-100	10 feet or width of required public easement*	20 feet 10 feet for garages and accessory buildings not connected to water or sanitary sewer	10 feet plus 0.25 feet for each foot in height over 30 feet
Note: *   No portion of an accessory building may be closer to the property line adjacent to a public street than the principal structure. **   On flag lots, the minimum setback along a street is measured from where the minimum lot width begins.

 

      (2)   Nonresidential structure setbacks in residential districts.

 

Zoning District	Along Streets	Rear	Side Not Along Streets
	Minimum	Minimum	Minimum
R-1, RS-1, R-1A, R-3, R-4, RM-12, RM-24, RM-50, RM-100	50 feet (75 feet in R-1A)	30 feet	20 feet or the height of the structure, whichever is greater

 

      (3)   Prevailing setback.

         (A)   Intent. Prevailing setback standards are intended to promote the compatibility of infill redevelopment with existing development in older neighborhoods.

         (B)   Applicability. New single-family and two-family dwellings or additions in the R-1A and RS-1 Zoning Districts must meet increased setback standards along a street if the new dwelling directly abuts to one or more single-family dwellings that were in existence on October 7, 1974.

         (C)   Measurement. The prevailing setback is the average minimum setback of each single-family dwelling on directly abutting sites along the same street segment and within the same block face.

         (D)   Standard. When applicable and not otherwise set through a condition of approval, the required setback from a front or side property line adjacent to a street is five feet less than the prevailing setback, except that the structure may not have a setback from the front or side property line adjacent to a street that is less than the zoning district minimum and in no case may the additional required setback be more than 65 feet from the property line.

      (4)   Exception for setbacks from side property lines abutting streets. Where single-family dwellings were legally constructed with a setback of 20 feet or more from a side property line abutting a street, the dwelling may be expanded without a setback variance provided the existing setback is maintained or increased. Where garages were legally constructed with a setback of 20 feet or more from a side property line abutting a street, the garage may be expanded without a setback variance provided the existing setback is maintained or increased and provided additional or expanded garage doors are not proposed to face the side property line abutting a street.

   (e)   Commercial and Industrial Zoning District setbacks.

Zoning District	Along Public Street		Rear	Side	Abutting Property Used and Zoned Residential
	Minimum	Maximum	Minimum	Minimum	Minimum
B-1	35 ft.	NA	15 ft.	10 ft.	50 ft.
B-2	35 ft.	NA	15 ft.	10 ft.	50 ft.
B-4	10 ft. (or width of required public easement)	40 ft.	15 ft.; 30 ft. for buildings over 4 stories in height	10 ft.; 20 ft. for buildings over 4 stories in height	50 ft.
C-1	35 ft.	NA	30 ft.; 40 ft. for buildings over 4 stories in height	20 ft.; 30 ft. for buildings over 4 stories in height	50 ft.
C-2	35 ft.	NA	30 ft.; 40 ft. for buildings over 4 stories in height	20 ft.; 30 ft. for buildings over 4 stories in height	50 ft.
C-3	35 ft. See Note (1)	NA	20 ft.; 30 ft. for buildings over 4 stories in height	20 ft.; 30 ft. for buildings over 4 stories in height	NA
C-4	35 ft. See Note (1)	NA	20 ft.; 30 ft. for buildings over 4 stories in height	20 ft.; 30 ft. for buildings over 4 stories in height	50 ft.
C-5	10 ft. (or width of required public easement)	20 ft.	20 ft.	20 ft.; 30 ft. for buildings over 4 stories in height	NA
CX-2	20 ft.	NA	20 ft.	20 ft.	NA
LX	10 ft. (or width of required public easement)	20 ft.	10 ft.	10 ft.	NA
IT	20 ft.	NA	25 ft.	25 ft.	50 ft.
I-1	30 ft.	NA	25 ft.	25 ft.	100 ft.
I-2	30 ft.	NA	25 ft.	25 ft.	100 ft.
I-3	30 ft.	NA	25 ft.	10 ft.	100 ft.
IP	30 ft.	NA	25 ft.	25 ft.	100 ft.
TI	10 ft.	40 ft.	15 ft.; 30 ft. for buildings over 4 stories in height	10 ft.; 20 ft. for buildings over 4 stories in height	50 ft.
FD-2	30 ft.	NA	25 ft.	25 ft.	NA
(1)    In the Penn American District minimum setbacks in C-3 and C-4 zoning districts follow the C-5 District setbacks.
(2)    Skyways, tunnels and similar pedestrian connection structures up to 120 feet in width have no setback requirements from property lines.
(3)   Developments along Harriet Avenue and Halsey Lane are exempted from the maximum setback for buildings or additions.

 

   (f)   Mixed Use District standards. To promote the intended character and pedestrian orientation, commercial structures in the mixed use districts (B-4, C-5, LX) must generally be located near the street with parking to the side or rear subject to the following requirements:

      (1)   Structure placement. See § 21.301.02(e) for applicable standards.

      (2)   Parking placement. Off-street parking must not be located between a building and a public street unless:

         (A)   The parking is located entirely below grade;

         (B)   The site meets the standards for large development sites in accordance with § 21.301.02(f)(5); or

         (C)   The site has received an exemption for sites with multiple street frontages in accordance with § 21.301.02(f)(6).

         Off-street parking may be located on the rooftops of buildings. Examples of permitted parking configurations are illustrated in § 21.301.02(f)(8).

      (3)   Street enclosure. It is the intent of the mixed use districts (B-4, C-5, LX) to foster a more urban character by establishing clearly defined street edges enclosed by buildings and other vertical elements. The highest degree of enclosure should be provided on the street determined by the Issuing Authority to be the most pedestrian-oriented; this is considered the primary street. All other streets are considered to be secondary streets. A combination of building frontage and other vertical elements may be used to enclose and define the street edge as follows:

         (A)   Primary street. At least 50% of the linear primary street frontage must be enclosed by buildings. An additional 20% must be enclosed by buildings and/or other vertical elements located along the minimum building setback line. Vertical elements may consist of: trees, shrubs, walls, fences and sculptural elements. Vertical elements over four feet in height must be consistent with the Crime Prevention Through Environmental Design (CPTED) objectives in the Planning Manager's Landscaping and Screening Policies and Procedures document as may be amended from time to time.

         (B)   Secondary street. At least 30% of the linear secondary street frontage must contain buildings. An additional 20% must be enclosed by buildings and/or vertical elements, located along the minimum building setback line. Vertical elements over four feet in height must be consistent with the Crime Prevention Through Environmental Design (CPTED) objectives in the Planning Manager's Landscaping and Screening Policies and Procedures document.

      (4)   Corner sites. It is the intent of the mixed use districts (B-4, C-5, LX) to promote an attractive streetscape by having buildings or gathering spaces anchor corners, particularly on highly visible and/or pedestrian-oriented streets. Off-street parking must not be located within 100 feet of an intersection of two streets unless there is a building or gathering space between the parking and the public street (see § 21.301.02(d)(8) for a graphic illustration). For the purposes of this subsection, intersection is defined as the point at which planned widened right-of-way lines for each street would intersect if extended.

      (5)   Large sites. Large development sites may be able to accommodate buildings internal to the site as well as adjacent to public streets. Buildings located on the interior of sites over five acres in size may be placed beyond the maximum setbacks for the C-5 District provided at least 50% of the linear public street frontage of the site contains buildings that comply with setback requirements and have no parking located between the buildings and the public street except for parking located entirely below grade.

      (6)   Exemptions for sites with multiple street frontages. While it is the intent of the mixed use districts to have buildings close to the street with parking to the side or rear or entirely below grade, that arrangement may not be possible for each street frontage on sites which front on two or more public streets in either a corner or through-lot configuration. When a site fronts on multiple public streets in a corner or through-lot configuration, the City Council may exempt through the planned development process all but one of the street frontages from complying with the mixed use districts (B-4, C-5, LX) building or parking placement requirements provided the City Council determines that:

         (A)   The site cannot reasonably comply with the mixed use districts structure and parking placement requirements for all street frontages;

         (B)   The proposed structure and parking configuration will meet the purpose and intent of the mixed use districts;

         (C)   The proposed structure and parking configuration will complement the character of existing or planned development in the area;

         (D)   The proposed structure and parking configuration will facilitate pedestrian and bicycle access;

         (E)   The proposed structure and parking configuration will place vehicle access points in optimal locations; and

         (F)   The proposed structure and parking configuration will be compatible with natural features, surrounding development, redevelopment plans, and traffic volumes.

      (7)   Drive-throughs. In addition to requirements of § 21.301.05, drive-through windows and stacking lanes in the mixed use districts (B-4, C-5, LX) must:

         (A)   Not be located between a building and a street;

         (B)   Not exceed one lane per business;

         (C)   Be located in a manner that discourages pedestrian crossing of stacking lanes; and

         (D)   Be screened from public and private streets, sidewalks, adjacent outdoor dining spaces, parks and public open spaces.

      (8)   Graphic illustrations.

         (A)   Examples of permitted parking locations in the Mixed Use Districts.

         (B)   Mixed use District parking prohibition for corner lots.

(Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2010-16, passed 6-7-2010; Ord. 2013-26, passed 11-4-2013; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2017-9, passed 5-1-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2023-3, passed 2-6-2023; Ord. 2023-16, passed 5-22-2023; Ord. 2023-43, passed 12-18-2023)