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(a) Maximum District Height.
(1) Height within a WMU, WR, or RTN district cannot exceed the maximum height limit below (in feet or stories), except as otherwise provided in this section.
Intensity | District | Height in Stories (max) | Height in Feet (max) |
Intensity | District | Height in Stories (max) | Height in Feet (max) |
LOW | RTN | 2½ | 35 |
WMU-3, WR-3 | 3½ | 50 | |
WMU-5, WR-5 | 5 | 80 | |
MEDIUM | WMU-8, WR-8 | 8 | 125 |
WMU-12, WR-12 | 12 | 180 | |
HIGH | WMU-20, WR-20 | 20 | 300 |
WMU-40, WR-40 | 40 | 600 | |
(2) Single-story shopfront, townhouse stacked, townhouse, manor house, and single-family house development types have maximum height limits that may be lower than the district height limits. (See Section 51A-13.304, “Development Types.”)
(3) Maximum height may be reduced by a -HM overlay.
(4) Height greater than 40 stories or 600 feet in WMU-40 or WR-40 is allowed through application of the -HM overlay.
(b) Minimum District Height.
(1) Height within a WMU, WR, or RTN district must meet or exceed the minimum requirements below (in stories), except as otherwise provided in this section.
Intensity | District | Height in Stories (min) |
Intensity | District | Height in Stories (min) |
LOW | RTN | 1 |
WMU-3, WR-3 | 1 | |
WMU-5, WR-5 | 1 | |
MEDIUM | WMU-8, WR-8 | 2 |
WMU-12, WR-12 | 2 | |
HIGH | WMU-20, WR-20 | 4 |
WMU-40, WR-40 | 5 | |
(2) Mixed use shopfront, townhouse stacked, townhouse, and manor house development types are required to be at least two stories in height regardless of the minimum district height. (See Section 51A-13.304, “Development Types.”)
(3) The minimum height provisions apply to the first 30 feet of the building measured inward from the street-facing facade on any primary or side street, except that up to 20 percent of the required street frontage may be lower than the minimum height for the district.
(4) A -HM overlay cannot be used to override the minimum height provisions of this section.
(5) No minimum height requirements apply to civic buildings or open space lots.
(c) Measurement of Height.
(1) Except as provided in this paragraph, height is measured as defined in Section 51A-2.102, “Definitions.”
(2) An attic story is considered a half-story and counts toward the calculation of maximum number of stories.
(3) A basement is not considered a story.
(4) If a ground story is more than five feet above grade, the space below that floor counts as an additional story.
(d) Story Height.
(1) Ground story height is measured from the ground story finished floor to the top of the ground story horizontal facade articulation break.
(2) Upper story height is measured from the top of the ground story horizontal facade articulation break to the top of each additional upper story horizontal facade articulation break.
(3) At least 80 percent of each story must meet the minimum and maximum ground- and upper-story height provisions.
(e) Height Exceptions.
(1) Structures accessory to utility, public service, and institutional uses may be erected to any height consistent with FAA airspace limitations, airport flight overlay district regulations, residential proximity slope height restrictions, and the building code, except that local utility and transmission and distribution lines and supporting structures are exempt from residential proximity slope height restrictions.
(2) In the RTN district, the following accessory structures may exceed the district height limits of this section provided they do not exceed the maximum district height by more than 12 feet:
(A) Amateur communications tower.
(B) Cooling tower.
(C) Clerestory.
(D) Chimney and vent stack.
(E) Elevator penthouse or bulkhead.
(F) Flagpoles.
(G) Mechanical equipment room.
(H) Ornamental cupola or dome.
(I) Parapet wall, limited to a height of four feet.
(J) Stairway access to roof.
(K) Roof top deck.
(L) Skylights.
(M) Spires and belfries.
(N) Solar panels.
(O) Tank designed to hold liquids.
(P) Visual screens surrounding roof-mounted mechanical equipment.
(Q) Wind turbines and other integrated renewable energy systems.
(f) Residential Proximity Slope.
(1) Except as provided in this subsection, no portion of a building or structure over 26 feet in height may be located above the residential proximity slope as established in Section 51A-4.412.
(2) If a parcel of land subject to a height restriction similar to the residential proximity slope in Section 51A-4.412 is rezoned to a WMU, WR, or RTN district, the city council must adopt an -HM overlay applicable to the parcel. The -HM overlay and any amendments to the overlay must provide the same height restrictions applicable to the parcel before rezoning.
(3) Form districts are not sites of origination in the application of the residential proximity slope regulations of Section 51A-4.412.
(Am. Ord. 30889, passed 6-13-18)
(a) Definitions.
(1) NET LAND AREA means gross land area minus street right-of-way.
(2) OFF-SITE OPEN SPACE means open space that is not located on the building site but is within a quarter of a mile walking distance of the property. Off-site open space may consist of parks, wildlife preserves, or any form of open space lot as described in this article.
(3) ON-SITE OPEN SPACE means the portion of a building site that is accessible to all occupants of that building site (or to the general public if dedicated as public open space) and principally open to the sky but allows for architectural elements such as colonnades, pergolas, and gazebos. The space must be a contiguous open area of not less than 10 feet in width or length.
(4) OPEN SPACE means off-site and on-site open space.
(b) Open Space Required.
At least eight percent of the net land area of a building site in a form district must be provided as open space. Compliance with this requirement must be demonstrated at the time of application for a building permit.
(c) Options For Compliance.
(1) In General.
Open space may be provided as a dedication of land to the city, as private open space, or as a combination thereof. Subject to the limitations of this section, open space may be located on-site, off-site, or both, and need not be contiguous.
(2) On-site Open Space.
(A) On-site open space may be provided at or below grade or above-ground through the use of an outside roof deck, rooftop garden, pool area, or similar type of outside common area. No more than 50 percent of the required on-site open space may be provided as door yards, colonnades, or landscaped medians. Except for emergency vehicles, on-site open space cannot be parked or driven upon.
(B) On-site open space must be landscaped in accordance with the following requirements:
(i) Plantings must comply with the general landscaping standards set forth in Section 51A-13.304(a)(2), “Landscaping.”
(ii) One large canopy tree must be provided for every 2,500 square feet of required open space area. Two small canopy trees may be substituted per re- quired large tree.
(iii) Site trees must be evenly distributed throughout the development.
(3) Fee-in-Lieu.
The open space requirement may be satisfied by the payment of a fee-in-lieu if the property that is the subject of the requirement is located within a public improve- ment district or tax increment financing district with an established open space fund. See Section 51A-10.135(c)(2) for the calculation of the fee-in-lieu amount.
(4) Credit.
A credit of up to 50 percent of the open space requirement is allowed for existing public open space within a quarter of a mile walking distance of the building site.
(d) Artifical Lot. For building sites over two acres in size, the artificial lot provisions in Section 51A-10.122 may apply.
(Am. Ord. 29827, passed 8-15-15)
(a) General.
(1) Development Types by District.
Mixed Use Shopfront | Single-Story Shopfront | General Commercial | Apartment | Townhouse Stacked | Townhouse | Manor House | Single-Family House | Civic Building | Open Space Lot | |
District | Mu | Ss | Gc | Apt | Ts | Th | Mh | Sf | Civ | O |
Mixed Use Shopfront | Single-Story Shopfront | General Commercial | Apartment | Townhouse Stacked | Townhouse | Manor House | Single-Family House | Civic Building | Open Space Lot | |
District | Mu | Ss | Gc | Apt | Ts | Th | Mh | Sf | Civ | O |
Walkable Urban Mixed Use (WMU) | ||||||||||
Low (WMU-3, WMU-5) | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | |
Medium (WMU-8, WMU-12) | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | |||
High (WMU-20, WMU-40) | ∙ | ∙ | ∙ | ∙ | ∙ | |||||
Walkable Urban Residential (WR) | ||||||||||
Low (WR-3, WR-5) | ∙* | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | |||
Medium (WR-8, WR-12) | ∙ | ∙ | ∙ | ∙ | ∙ | |||||
High (WR-20, WR-40) | ∙ | ∙ | ∙ | |||||||
Residential Transition (RTN) | ∙ | ∙ | ∙ | ∙ | ∙ | |||||
Shopfront (-SH) Overlay over any WMU or WR district | ∙ | ∙ | ∙ | ∙ | ||||||
* Office and Medical allowed only along thoroughfare
(2) Landscaping.
(A) In General.
(i) Specific landscaping requirements for each development type are provided in Subsections (b) through (k) of this section.
(ii) All street trees must meet the requirements of Section 51A-10.125(b)(4).
(iii) All site trees must be a minimum of two inches in caliper at time of planting and may not be located closer than four feet to any paved surface (measured from the center of the tree trunk).
(iv) All site tree in-ground planting areas must be a minimum of 100 square feet for a large tree and 50 square feet for a small tree. Planters for large or small trees must be a minimum of 25 square feet.
(v) Site trees must be large tree species listed in Section 51A-10.134. Small tree species may be substituted at a rate of two small trees per required large tree.
(vi) Existing healthy site trees may be used to satisfy the site tree requirements of this section in accordance with Section 51A-10.125(b)(3)(B). Whether a site tree is healthy is a determination made by the building official.
(vii) In the RTN district, at least 50 percent of all required yards must be landscaped with turf, groundcover, soil, or mulch.
(B) Shared Access Developments.
(i) One site tree must be provided for every 4,000 square feet, or portion thereof, within the shared access development, or a minimum of one site tree must be provided for each individual dwelling unit in the shared access development, whichever is greater.
(ii) Site trees must be evenly distributed throughout the shared access development.
(3) Parking Setbacks and Access.
(A) On-site surface parking must be located behind the parking setback line.
(B) The parking setback line applies only to the ground story.
(C) Except when configured as a multi-way boulevard or indented parking, no on-site surface parking is permitted between a building and the street. (See Division 51A-13.500, “Minor Streets and Streetscapes.”)
(D) Structured parking must contain active uses on the ground story along any -SH overlay or any primary street for the first 30 feet of the building measured inward from the street-facing facade. There is no active ground-story use requirement for structured parking along a service street.
(E) The requirements of Subparagraphs (A), (B), (C), and (D) above do not apply to on-street or underground parking.
(F) The required street frontage may be interrupted to allow for a maximum 30-foot-wide vehicular entrance to a parking structure or area.
(4) Summary of Development Type Regulations.
A summary of standards for each development type is shown on the next page. Specific requirements for each development type are found on the following pages. The text on the following pages controls over the text in the summary chart.
Mixed Use Shopfront | Single-Story Shopfront | General Commercial | Apartment | Townhouse Stacked | Townhouse | Manor House | Single- family House | Civic Building | Open Space Lot | |
Mu | Ss | Gc | Apt | Ts | Th | Mh | Sf | Civ | O |
Mixed Use Shopfront | Single-Story Shopfront | General Commercial | Apartment | Townhouse Stacked | Townhouse | Manor House | Single- family House | Civic Building | Open Space Lot | |
Mu | Ss | Gc | Apt | Ts | Th | Mh | Sf | Civ | O | |
LOT | ||||||||||
Area per unit or building (min sf ) | none | none | none | none | 1,200 | 1,200 | depends on # of units | 3,500 | 3,000 | 2,000 |
Area per building (max sf ) | none | none | none | none | none | none | 20,000 | 5,000 | none | none |
Width (min ft) | none | none | none | none | 16 | 16 | 50 | 35 | 30 | 20 |
Width (max ft) | none | none | none | none | none | none | 100 | 45 | none | none |
Lot coverage (max) | 100% | 80% | 80% | 80% | 80% | 80% | 60% | 60% | 60% | 5% |
FRONT SETBACK AREA | ||||||||||
Primary street (min/max ft) | 5/15 | 5/15 | 5/15 | 5/15 | 5/15 | 5/15 | 15/none | 15/none | 20/none | 10/none |
Side street (min/max ft) | 5/15 | 5/15 | 5/15 | 5/15 | 5/15 | 5/15 | 10/none | 10/none | 10/none | 10/none |
Service street (min/max ft) | none | none | none | none | none | none | none | none | none | 10/none |
REQUIRED STREET FRONTAGE | ||||||||||
Primary street (min/max ft) | 90% | 90% | 70% | 70% | 70% | 70% | none | none | none | none |
Side street (min/max ft) | 40% | 40% | 40% | 40% | 40% | 40% | none | none | none | none |
Service street (min/max ft) | none | none | none | none | none | none | none | none | none | none |
PARKING SETBACK | ||||||||||
From primary street (min ft) | 30 | 30 | 30 | 30 | 30 | 30 | none | none | 20 | none |
From side street (min ft) | 5 | 5 | 5 | 5 | 5 | 5 | none | none | 5 | none |
From service street (min ft) | 5 | 5 | 5 | 5 | 5 | 5 | none | none | 5 | none |
Abutting single-family district (min ft) | 10 | 10 | 10 | 10 | 10 | 10 | none | none | 10 | none |
Abutting multifamily, nonresidential district, alley (min ft) | 5 | 5 | 5 | 5 | 5 | 5 | none | none | 5 | none |
SIDE SETBACK | ||||||||||
Abutting single-family district (min ft) | 15 | 15 | 15 | 15 | 10 | 10 | 10 | 5 | 10 | 10 |
Abutting multifamily, nonresidential district (min ft) | 0 or 5 | 0 or 5 | 0 or 5 | 0 or 5 | 0 or 5 | 0 or 5 | 5 | 5 | 10 | 10 |
Abutting alley (min ft) | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 5 | 10 | 10 |
REAR SETBACK | ||||||||||
Abutting single-family district (min ft) | 15 | 15 | 15 | 15 | 24 | 24 | 15 | 15 | 10 | 10 |
Abutting multifamily, nonresidential district (min ft) | 5 | 5 | 5 | 5 | 24 | 24 | 15 | 15 | 10 | 10 |
Abutting alley (ft) | 5 | 5 | 5 | 5 | 3/20+ | 3/20+ | 3/20+ | 3/20+ | 10 | 10 |
Abutting service street (ft) | 10 | 10 | 10 | 10 | 3/20+ | 3/20+ | none | none | 10 | 10 |
HEIGHT | ||||||||||
Building height (min stories) | District dependent | 1 | District dependent | District dependent | 2 | District dependent | 2 | 1 | 1 | none |
Building height (max stories/ft) | 1 / 30 | 3½ / 50 | 2½ / 35 | 2½ / 35 | District dependent | 35 | ||||
STORY HEIGHT | ||||||||||
Ground story (min/max ft) | 15/30 | 15/30 | 11/22 | 10/15 | 10/15 | 10/15 | 10/15 | 10/15 | none | none |
Upper story (min/max ft) | 10/15 | none | 10/15 | 10/15 | 10/15 | 10/15 | 10/15 | 10/15 | none | none |
GROUND STORY TRANSPARENCY | ||||||||||
Primary street facade (min) | 50% | 50% | 30% | 30% | 30% | 30% | 20% | 20% | none | none |
Side street facade (min) | 25% | 25% | 25% | 25% | 25% | 25% | 20% | 20% | none | none |
Service street facade (min) | none | none | none | none | none | none | none | none | none | none |
UPPER STORY TRANSPARENCY | ||||||||||
Primary street facade (min) | 20% | none | 20% | 20% | 20% | 20% | 20% | 20% | none | none |
Side street facade (min) | 20% | none | 20% | 20% | 20% | 20% | 20% | 20% | none | none |
Service street facade (min) | none | none | none | none | none | none | none | none | none | none |
ENTRANCE | ||||||||||
Primary street entrance | required | required | required | required | required | required | required | required | none | none |
Entrance spacing (max linear ft) | 100 | 100 | none | none | none | none | none | none | none | none |
Side street entrance | allowed | allowed | allowed | allowed | allowed | allowed | allowed | allowed | none | none |
Service street entrance | allowed | allowed | allowed | allowed | allowed | allowed | allowed | allowed | none | none |
BLANK WALL AREA | ||||||||||
Primary street (max linear ft) | 20 | 20 | 30 | 30 | 30 | 30 | 30 | 30 | none | none |
Side street (max linear ft) | none | none | none | none | none | none | none | none | none | none |
Service street (max linear ft) | none | none | none | none | none | none | none | none | none | none |
(5) Administrative Waiver — Front Setback Area.
(A) The director may grant a deviation from the front setback area regulations if:
(i) the front setback area cannot be met due to interference with service provided by a public utility or state regulated entity for the transmission of power, fuel, water, or communication services; or
(ii) the front setback area cannot be met due to street easements.
(B) In determining whether to grant a deviation under Subparagraph (A), the director shall consider whether or not the result of the requested relief:
(i) is consistent with the purposes of Article XIII as stated in Section 51A-13.101;
(ii) will complement or be compatible with the surrounding uses and community facilities;
(iii) will contribute to, enhance, or promote the welfare of the area of request and adjacent properties;
(iv) will not be detrimental to the public health, safety, or general welfare; and
(v) will conform in all other respects to all applicable zoning regulations and standards.
(6) Relief from Required Street Frontage.
(A) The city plan commission may approve a site plan at a public hearing that does not comply with the required street frontage regulations in this section if:
(i) strict compliance with street frontage requirements are impractical due to site constraints or would result in substantial hardship;
(ii) the variation or exception from the street frontage requirements will not adversely affect surrounding properties; and
(iii) the site plan furthers the stated purpose of Article XIII as described in Section 51A-13.101(b).
(B) A site plan that deviates from required street frontage must follow the public notice procedure with a public hearing in accordance with Section 51A-4.702(h)(2)(C).
(Am. Ord. 30889, passed 6-13-18)
MU MIXED USE SHOPFRONT
(b) Mixed Use Shopfront.
(1) Definition.
A development type intended primarily for ground-story retail and upper-story residential or offices uses.
Ground-story spaces should be flexible enough to accommodate a variety of retail and office uses. Upper stories should be used for offices or residential apartments. The building must be pulled up to the street. No on-site surface parking is permitted between the building and the street. On-site surface parking areas must be located to the rear of the building. Primary entrances must be prominent and street- facing. Large storefront windows must be provided to encourage interaction between the pedestrian and the ground-story space.
(2) Character Examples.
Character examples are provided below for illustrative purposes only and are intended to be character examples of the development type and not the streetscape.
(3) Districts permitted.
LOW: | WMU-3, WMU-5 |
MEDIUM: | WMU-8, WMU-12 |
HIGH: | WMU-20, WMU-40 |
OVERLAY: | -SH |
(4) Use and Placement.
BUILDING USE | |
A summary of permitted uses by story is shown on the left. For a complete list of permitted uses, see Section 51A-13.306, “Uses.” No nonresidential use is permitted above a residential use.
| |
BUILDING PLACEMENT | |
LOT | |
Area (min sf ) | none |
Area (max sf ) | none |
Width (min ft) | none |
Width (max ft) | |
Lot coverage (max) | 100% |
FRONT SETBACK AREA | |
Primary street (min/max ft) | 5/15 |
Side street (min/max ft) | 5/15 |
Service street (min/max ft) | none |
REQUIRED STREET FRONTAGE | |
Primary street (min) | 90% |
Side street (min) | 40% |
Service street (min) | none |
PARKING SETBACK | |
From primary street (min ft) | 30 |
From side street (min ft) | 5 |
From service street (min ft) | 5 |
Abutting residential districts other than multi-family (min ft) | 10 |
Abutting multifamily or nonresidential district or alley (min ft) | 5 |
SIDE SETBACK | |
Abutting residential districts other than multi-family (min ft) | 15 |
Abutting multifamily or nonresidential district (min ft) | 0 or 5 |
Abutting alley (min ft) | 5 |
REAR SETBACK | |
Abutting residential districts other than multi-family (min ft) | 15 |
Abutting multifamily or nonresidential district (min ft) | 5 |
Abutting alley (min ft) | 5 |
Abutting service street (min ft) | 10
|
(5) Height and Elements.
BUILDING HEIGHT | |
HEIGHT
| |
Building height (max stories/ft)
| See Section 51A-13.302, “Height”
|
Building height (min stories) | |
WMU-3, -5 , -8, -12 | 2 |
WMU-20 | 4 |
WMU-40 | 5 |
STORY HEIGHT | |
Ground story (min/max ft) | 15/30 |
Upper story (min/max ft) | 10/15 |
BUILDING FACADE | |
GROUND-STORY TRANSPARENCY | |
Primary street facade (min) | 50% |
Side street facade (min) | 25% |
Service street facade (min) | none |
Measured between 0 and 10 ft above adjacent sidewalk. | |
UPPER-STORY TRANSPARENCY | |
Primary street facade (min) | 20% |
Side street facade (min) | 20% |
Service street facade (min) | none |
Measured from horizontal facade articulation to horizontal facade articulation. | |
ENTRANCE | |
Primary street | required |
Entrance spacing (max linear ft) | 100 |
Side street | allowed |
Service street | allowed |
BLANK WALL AREA | |
Primary street (max linear ft) | 20 |
Side street (max linear ft) | none |
Service street (max linear ft) | none |
(6) Ground-Story Shopfront Windows.
A minimum of 60 percent of the street-fronting, street-level window pane surface area must allow views into the ground-story use for a depth of at least four feet. Windows must be clear or unpainted, or, if treated, must be translucent. Spandrel glass or backpainted glass does not comply with this provision.
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