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YARD, LOT COVERAGE, AND HEIGHT RESTRICTIONS
YARD, LOT COVERAGE, AND HEIGHT RESTRICTIONS | ||||||||
District | Min. Lot Area (Square Feet) | Max. Housing Density (Per Acre) | Yard Setbacks (Feet) | Min. Lot Width (Feet) | Max. Height2 (Feet) | Max. Lot Coverage | ||
Front3 | Rear | Side | ||||||
OS | None | None | None | None | None | 35 | 10% | |
SF-1 | 14,000 | 3.11 | 40 | 20 | 10 | 75 | 35 | 40% |
SF-2 | 5,000 | 8.71 | 30 | 20 | 5 | 40 | 35 | 40% |
RM | 5,000 | 8.71 | 30 | 20 | 5 | 40 | 35 | 75% |
MFR zero lot line1 two- family multiple- family | 4,375 8,750 3,000 per unit | 9.96 9.96 14.52 | 25 25 25 | 20 20 20 | 10 10 10 | 35 70 80 | 35 35 35 | 40% 40% 40% |
NC | 5,000 | None | 35 | 5 | 5 | None | 35 | 75% |
OMC | 5,000 | None | 35 | 5 | 5 | 80 | 55 | 75% |
CBD | None | None | None | None | None | None | 55 | None |
GSC | 5,000 | None | 50 | 20 | 10 | 80 | None | 90% |
CI | 2 acres | None | 50 | 20 | 10 | 300 | None | 90% |
PD-RS | ||||||||
PD-MX | ||||||||
Notes: (1) One yard may be zero lot line if there is only one dwelling unit per lot. (2) See § 155.1909 for height exceptions. (3) Minimum required front yard setbacks for undeveloped property may be reduced to conform to existing neighborhood characteristics when adjacent land is developed with smaller front setbacks. Specifically, when a vacant parcel is proposed to be developed and existing principle structures on either side of the subject property have setbacks that are lesser distances than would be normally required, then the applicable setback for the subject property may be reduced by an amount that would not exceed the average of those existing structures within 100 feet of the subject property (on the same side of the street). This determination shall be made by the Zoning Inspector without the need for a variance. | ||||||||
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
The following definitions shall apply to this subchapter:
MAXIMUM HEIGHT. Maximum height of a building is measured from grade to uppermost peak of the roof for any building. Receiving antennae, belfries, spires, and other ornament shall not be included when calculating height of the building.
MAXIMUM LOT COVERAGE. The total area of a lot that is covered by permanent buildings.
MINIMUM LOT AREA. The least amount of area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
MINIMUM LOT WIDTH. The required minimum width of lot measured at the front setback line for a building.
YARD SETBACKS. The required minimum horizontal distance between the building line and the related front, side, or rear property line.
(Ord. 37-02, passed 7-10-02)
Figure 1
(Ord. 37-02, passed 7-10-02)
In addition to all yard regulations specified in other sections of this chapter, the provisions included in this section shall be used for interpretation and clarification.
(A) Yard setback requirements for corner buildings. On a corner lot in any district the main building and any accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located. The remaining yards shall be considered side yards.
(B) Visibility at intersections. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and 10 feet above the center line grades of the intersecting streets in the area bounded by the right-of-way of such corner lots and a line joining points along the right-of-way 25 feet from the point of intersection.
(C) Yard setbacks for multiple- family or group of dwellings. A group of dwellings or multiple-family dwellings shall be considered as one building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one front, one rear, and two side yards as specified for dwellings in the appropriate district. In addition to the front, side, and rear yards, all individual buildings shall be separated by a distance equal to the building height of the largest building.
(D) Additional yard requirements for buffering purposes. To secure a desirable transition between land zoned for residential purposes and other zoning districts (CI through OMC), it is required that greater yard setbacks be provided on the property that is not zoned for residential purposes along the lot line(s) that abut land zoned for residential purposes. When property that is zoned CI through OMC abuts property that is zoned to permit single-, two-, or multiple-family residential dwellings, the yard requirements for that yard adjacent to the residentially zoned property shall be increased two times over the normally required yard setback (including any overlay district requirements), up to a maximum of 75 feet, and a landscaped buffer yard shall be provided in this area in accordance with §§ 155.2401 through 155.2406 with conditional exception to additional requirements of corner lots discussed in division (A) of this section.
(E) Accessory structures. Accessory structures may not be located closer to a public right-of-way than the principal structure unless the accessory structure is attached to the principal structure. Accessory structures shall not be located closer to a public right-of-way than a distance equal to one-half of the height of the accessory structure or three feet, whichever is greater.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
CONDITIONAL USES, VARIANCES AND APPEALS
Most types of land use covered by this Zoning Code are grouped according to compatibility and function, and each group is permitted outright in one or more of the various districts established in the Zoning Code. In addition to these permitted uses, there are other uses which it may be necessary or desirable to allow in certain districts but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community. Such uses are classified in this Zoning Code as "conditional uses." Also included within the category of conditional uses are uses municipally operated or operated by publicly-regulated utilities and uses traditionally affected by public interest.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
Any owner, or agent thereof, of property for which a conditional use is proposed, shall make an application for a conditional use permit by filing it with the Zoning Inspector. After reviewing the application and determining that the application is complete, the Zoning Inspector shall transmit copies of the application to the Planning and Zoning Commission, along with other agencies and organizations deemed necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed. Within 30 days following the determination that the application is complete, the Planning and Zoning Commission shall hold a public hearing. Notice of such hearing shall be given in one or more newspapers of general circulation in the city at least ten days before the date of said hearing. The notice shall set forth the time and place of the hearing and shall provide a summary explanation of the conditional use proposed. Notice of this public hearing shall also be sent to all owners of property within 300 feet of the property in question. Following the hearing, but within 30 days after the determination that the application is complete, the Planning and Zoning Commission shall make a decision. The decision may be appealed by any interested party in writing to City Council if such appeal is made within 30 days following the decision of the Planning and Zoning Commission. The written appeal must be filed with the City Clerk. On receipt of the written appeal, the Council shall discuss the appeal at a second public hearing and shall make a decision whether to grant the conditional use.
(A) General standards for all conditional uses. The Planning and Zoning Commission shall review the particular facts and circumstances of each proposed conditional use in terms finding that the proposed conditional use:
(1) Is in fact a conditional use as established under the provisions of the applicable zoning district.
(2) Will be in accordance with the general objectives or with any specific objectives of the Master Comprehensive Plan.
(3) Is designed, constructed, operated, and would be maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services.
(6) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(B) Supplementary conditions and safeguards. In granting approval for any conditional use, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformance with this chapter. Any violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a punishable violation of this chapter. Examples of appropriate conditions and safeguards include:
(1) Larger buffer areas between the proposed conditional use and adjacent property.
(2) Greater yard requirements.
(3) Limits on the location or illumination of signs.
(4) Limits on where parking areas may be located.
(C) Expiration of conditional use permit. A conditional use permit shall be deemed to authorize only one particular conditional use, and said permit shall automatically expire if such conditional use has not been instituted or utilized within one year of the date on which the permit was issued or if for any reason such use shall cease for more than two years.
(Ord. 37-02, passed 7-10-02)
(A) Appeals.
(1) Appeals to Commission. Appeals to the Planning and Zoning Commission concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the city affected by any decision of the Zoning Inspector. Such appeal shall be taken within 20 days after the decision by filing with the Zoning Inspector and with the Planning and Zoning Commission, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector, by reason of facts stated in the application, finds that a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Planning and Zoning Commission by a court of record.
(B) Variances.
(1) The Planning and Zoning Commission may authorize a variance from the terms of this chapter which shall not be contrary to the public interest and, where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
(2) A variance shall not be granted unless the Planning and Zoning Commission makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant.
(3) No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
(4) Application and standards for variances. Except as otherwise permitted in this chapter, a variance from the terms of this Zoning Code shall not be granted by the Planning and Zoning Commission unless and until a written application for a variance is submitted to the Zoning Inspector and the Planning and Zoning Commission. At a minimum, the application shall include:
(a) Name, address, and phone number of applicant(s).
(b) Legal description of property.
(c) Description of nature of variance requested.
(d) A list of all property owners and their addresses who are within, contiguous to, or directly across the street, and may have interest in the variance.
(e) A narrative statement that the requested variance conforms to the following standards:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
2. That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
3. That special conditions and circumstances do not result from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(C) Public hearing by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing within 20 days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(D) Notice of public hearing in newspaper. Before holding the public hearing required in division (C) of this section, notice of such hearing shall be given in one or more newspapers of general circulation in the city, at least ten days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(E) Notice to parties of interest. Prior to conducting the public hearing required in division (C) of this section, written notice of such hearing shall be mailed by the Chairperson of the Planning and Zoning Commission, by first class mail at least ten days before the day of the hearing, to all property owners of adjoining parcels or parcels within 300 feet of the affected property. The notice shall contain the same information as required of notices published in newspapers as specified in division (D) of this section.
(F) Action by the Planning and Zoning Commission.
(1) Within 30 days after the public hearing required in division (C) of this section, the Planning and Zoning Commission shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance.
(2) The Planning and Zoning Commission shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. A copy of this decision shall be transmitted to the applicant and the Zoning Inspector.
(3) Appeals from Planning and Zoning Commission decisions shall be made in the manner specified in this section.
(G) Supplementary conditions and safeguards. Under no circumstances shall the Planning and Zoning Commission grant an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district. In granting any appeal or variance, the Planning and Zoning Commission may prescribe any appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under § 155.2617.
(Ord. 37-02, passed 7-10-02)
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