§ 9.08  MEASUREMENTS AND EXCEPTIONS.
   9.08.01      Exception to Area and Yard Regulations.
   (A)   Where existing or proposed development within a residential (non-cluster development), commercial, or industrial zone is to be subdivided, the minimum area and yard requirements may be less than required by this chapter provided that:
      (1)   The maximum density of the zone is not exceeded or the minimum site for the total development must not be less than that required by the respective zone. 
      (2)   A community association or other responsible entity is established prior to the approval by the Planning Commission of any subdivision of land.  The association shall be obligated and empowered to own and maintain all common areas including such items as open spaces, recreational facilities, access drives, parking areas, pedestrian walkways, and all improvements constructed thereon.
      (3)   A development plan, as regulated by § 12.06, including the proposed area and yard requirements for the development is submitted for review and approval by the Planning Commission.
   (B)   The Planning Commission may waive the requirement that all lots abut a minimum frontage along a dedicated right-of-way provided that those lots that do not abut a dedicated right-f-way are assured an unencumbered and maintained accessway by the association to a dedicated right-of-way.
   9.08.02   Lot Area per Dwelling Unit (non-Cluster Development).
   (A)   Measurement.  For residential development outside of approved cluster developments, dwelling unit density is controlled through a minimum lot-area-per-dwelling-unit standard. Lot area per unit refers to the total land area contained in the property lines of a lot divided by the total number of dwelling units on the property.
   (B)   Rounding.  When the number of dwelling units yielded by the density calculation results in a fraction, the fraction must be rounded down to the previous whole number. For example, if a minimum lot-area-per-unit standard of 1,000 square feet is applied to 3,125 square foot lot, a maximum of three dwelling units would be allowed on the property.
   9.08.03   Density of Cluster Developments.
   (A)   Measurement.  For residential development in approved cluster developments, dwelling unit density is controlled by a maximum density standard. Density refers to the number of dwelling units allowed per net acre of site area, after subtracting public and private streets and rights-of- way.
   (B)   Calculation.  To calculate the maximum number of dwelling units allowed on a site, first subtract public and private streets and rights-of-way from the gross area of the parcel (in acres), then multiply the resulting figure by the subject zone's maximum density standard. For example, a 27.5-acre parcel in the RS-7.5 zone would be allowed a maximum of 159 dwelling units [27.5 × 5.8 =159].
   (C)   Rounding.  When the number of dwelling units yielded by the density calculation results in a fraction, the fraction must be rounded down to the previous whole number.
   9.08.04   Floor Area Ratio.
   (A)   Measurement.  For the purpose of calculating floor area ratios, the floor area of the building is the sum of the gross horizontal areas of all floors in the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. Floor area expressly includes all of the following:
      (1)   Floor area of any floor located below grade or partially below grade that is not a basement;
      (2)   Elevator shafts and stairwells on each floor;
      (3)   Floor area used for mechanical equipment;
      (4)   Attic space having clear height (head-room) of six feet nine inches or more;
      (5)   Mezzanines;
      (6)   Porches that are enclosed by walls on three or more sides; and
      (7)   Floor area within the principal structure that is occupied by accessory uses.
   (B)   Calculation.  The floor area ratio standards of § 3.04 establish the maximum ratio of building floor area to lot area. The maximum floor area permitted on a lot is calculated by multiplying the applicable floor area ratio standard by the area of the lot upon which the building is located.
   (C)   Exceptions.  For the purpose of calculating floor area ratios, enclosed floor area devoted to required parking and the drive aisles and circulation area associated with such parking are not to be counted as floor area. The enclosed floor area of non-required parking spaces will be counted as floor area for the purpose of calculating floor area ratios.
   9.08.05   Lot Width.
   (A)   Measurement.  Lot width is measured between side property lines at the point of the required front setback.
   (B)   Exceptions for Lots of Record.  Non- conforming lots of record may be exempt from lot width requirements. See § 14.02 for rules regarding nonconforming lots of record.
   9.08.06   Front Setback.
   (A)   Measurement and Use.
      (1)   Measurements of required front setbacks and existing front yards are to be taken from the front property line to the furthermost projection of the structure, not including those projections and features allowed in such setback pursuant to § 9.08.09.
      (2)   Front setbacks and front yard areas may be used for parking and driveways, provided that such areas are set back a minimum of one foot from adjoining property lines. Required setbacks must be unobstructed and unoccupied from the ground to the sky except as expressly allowed in § 9.08.09.
   (B)   Contextual Front Setbacks.
      (1)   The contextual front setbacks of this section may be used whenever buildings exist on one or more abutting lots.
      (2)   Contextual front setbacks must be at least as deep as the average front setback that exists on the two lots on both sides of the subject lot, in accordance with the following rules:
         (a)   Lots that front on a different street than the subject lot or that are separated from the subject lot by a street may not be used in computing the average;
         (b)   When the subject lot is a corner lot, the average setback will be computed on the basis of the two nearest developed lots that front on the same street as the subject lot;
         (c)   When the subject lot abuts a corner lot fronting on the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two lots that front on the same street as the subject lot; and
         (d)   The setback of vacant lots is assumed to be the front setback required by § 2.03.01.
   9.08.07   Rear Setback.
   (A)   Measurement and Use.
      (1)   Required rear setbacks are to be measured from the rear property line of the lot on which such structure is located to the furthermost projection of the structure, not including those projections and features allowed in such setback pursuant to § 9.08.09.
      (2)   Required setbacks must be unobstructed and unoccupied from the ground to the sky except as expressly allowed in § 9.08.09.
   (B)   Through Lots.  On through lots both (opposing) street lines are considered front property lines and front setback standards apply. Rear setback standards do not apply. Accessory structures on through lots may be located anywhere outside of required front or side setbacks.
   9.08.08   Side Setback.
   (A)   Measurement and Use.
      (1)   Required side setbacks are to be measured from the side property line of the lot on which such structure is located to the furthermost projection of the structure, not including those projections and features allowed in such setback pursuant to § 9.08.09.
      (2)   Required setbacks must be unobstructed and unoccupied from the ground to the sky except as expressly allowed in § 9.08.09.
   (B)   Reversed Corner Lot Setback Standards.  In all RR, RS, and RU zones, the minimum side setback on a reversed corner lot must be equal to at least 50% of the front setback area that exists on the lot abutting the rear of the reversed corner lot. If the abutting lot to the rear is vacant, no special reversed corner lot standards applies.
   9.08.09   Features Allowed to Encroach in Setbacks.  Required setbacks must be unobstructed and unoccupied from the ground to the sky except that certain building features and structures are allowed to encroach into required setbacks to the extent expressly indicated in this section:
 
Encroachment into Required Setback
Front
Side
Rear
Accessory buildings and structures
No
No
Yes[1]
Air conditioning units
Yes[5]
Yes[2]
Yes[2]
Arbors
Yes
Yes
Yes
Awnings and canopies
Yes[6]
Yes[2][4]
Yes[2][4]
Bay windows
Yes[5]
Yes[5]
Yes[5]
Bird baths
Yes
Yes
Yes
Chimneys
Yes[4]
Yes[4]
Yes[4]
Driveways
Yes[7]
Yes[7]
Yes[7]
Eaves and gutters
Yes[5]
Yes[3]
Yes[5]
Fences and walls
[8]
[8]
[8]
 
 
Encroachment into Required Setback
Front
Side
Rear
Fire escapes
Yes[4]
Yes[4]
Yes[4]
Flagpoles
Yes
Yes
Yes
Furniture, Outdoor
Yes
Yes
Yes
Parking spaces, unenclosed if provided for in § 7.07
[9]
[9]
[9]
Patios, uncovered
No
No
Yes
Porches, decks and balconies
No
No
Yes[10]
Recreational equipment (e.g., swing sets and playhouses)
No
No
Yes
Satellite dish antennas
Yes[11]
Yes[11]
Yes[12]
Sills, belt courses, cornices, buttresses and other architectural features
Yes[5]
Yes[5]
Yes[5]
Stoops and steps
Yes[13]
Yes[13]
Yes[13]
Trees, plants and landscaping
Yes
Yes
Yes
Trellises
Yes
Yes
Yes
Utility poles and wires
Yes
Yes
Yes
Wheelchair lifts and ramps
Yes[14]
Yes[14]
Yes[14]
 
   [1]   Must be set back at least one foot from property line; detached garages and carports must be set back at least five feet from rear property lines abutting alleys.
   [2]   Must be set back at least three feet from property line.
   [3]    May not encroach more than 18 inches into required setback.
   [4]   May not encroach more than 30 inches into required setback.
   [5]   May not encroach more than three feet into required setback.
   [6]   May not encroach more than six feet into required setback.
   [7]   Must be set back at least one foot from property lines to which they run approximately parallel; common driveways serving two or more lots are not required to be set back from property line.
   [8]   Fences and walls are subject to the regulations of § 9.02.
   [9]   See § 7.07 for rules governing parking location.
   [10]   May be no more than three feet above grade and must be uncovered and open on at least three sides.
   [11]   Maximum diameter: one meter (39.4 inches).
   [12]   Maximum diameter: three meters (118.2 inches).
   [13]   May not be more than four feet above grade and may not project more than four feet into the required setback.
   [14]   Must comply with federal, state, and local accessibility standards.
   9.08.10   Building Height.
   (A)   Measurement.  (See diagram below) Building height is to be measured as the vertical distance measured from average elevation of the finished grade adjoining the building at the front of the building to:
      (1)   The average height level between eaves and ridge for gable, hip, and gambrel roofs.
      (2)   The highest point of the roof surface for a flat roof; and
      (3)   The deck line of a mansard roof.
   (B)   Exceptions to Maximum Height Standards.
      (1)   The height limitations of this zoning ordinance do not apply to mechanical equipment and electrical penthouses, church spires, towers, smoke stacks, and other similar features, provided they comply with all other applicable city standards and FAA regulations.
      (2)   In residential zones, mechanical equipment, electrical penthouses, stairway enclosures, and elevator penthouses that exceed maximum building height standards must:
         (a)   Be set back at least 20 feet from the front of the building, and
         (b)   Not exceed nine feet in overall height or extend more than five feet above the building parapet, whichever results in a lesser height.
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-56-06, passed 11-15-06; Am. Ord. O-15-09, passed 5-12-09)