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TH TOWNHOUSE
(g) Townhouse.
(1) Definition.
A development type with three or more attached dwelling units consolidated into a single structure.
Each unit must be separated by a com- mon side wall. A townhouse unit must be more than one story in height, however, units must not be vertically mixed. Each unit must have its own external entrance. No on-site surface parking is permitted between the building and the street. Garages facing the primary street are pro- hibited. In the RTN district, only one unit per lot is permitted. An elevated ground floor for residential uses is recommended to ensure privacy.
(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 | WR-3, WR-5 | RTN |
MEDIUM: | WMU-8, WMU-12 | WR-8, WR-12 |
(4) Use and Placement.
BUILDING USE | |
A summary of permitted uses is shown on the left. For a complete list of permitted uses, see Section 51A-13.306, “Uses.”
| |
BUILDING PLACEMENT | |
LOT | |
Area (min sf) | 1,200 |
Area (max sf) | none |
Width (min ft) | 16 |
Width (max ft) | none |
Lot coverage (max) | 80% |
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) | 70% |
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) | 10 |
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) | 24 |
Abutting multifamily or nonresidential district (min ft) | 24 |
Abutting alley (ft) | 3 or 20 or more |
Abutting service street (ft) | 3 or 20 or more |
(5) Height and Elements.
BUILDING HEIGHT | |
HEIGHT | |
Building height (max stories/ft)
| |
RTN | 2½ / 35 |
WMU-3, -5 , -8, -12 WR-3, -5, -8, -12 | 3½ / 50 |
Building height (min stories) | |
RTN | 2 |
WMU-3, -5 , -8, -12 WR-3, -5, -8, -12 | 2 |
Detached garage (max ft)
| 26
|
STORY HEIGHT | |
Ground story (min/max ft) | 10/15 |
Upper story (min/max ft) | 10/15 |
BUILDING FACADE | |
GROUND-STORY TRANSPARENCY | |
Primary street facade (min) | 30% |
Side street facade (min) | 25% |
Service street facade (min) | none |
Measured from floor to horizontal facade articulation. | |
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. | |
BUILDING ENTRANCE | |
Primary street | required |
Entrance spacing (max linear ft) | none |
Side street | allowed |
Service street | allowed |
BLANK WALL AREA | |
Primary street (max linear ft) | 30 |
Side street (max linear ft) | none |
Service street (max linear ft) | none |
(6) Garage Placement.
(A) Except for an alley, no garage access is permitted from a public street.
(B) All vehicular access must be to the rear of the building.
(C) Where the garage is less than 20 feet from the alley, an automatic garage door opener is required.
(7) Landscaping.
(A) General landscaping standards and alternative requirements for shared access developments are set forth in Section 51A-13.304(a)(2), “Landscaping.”
(B) Except in a shared access development, one site tree must be provided in the front yard for a townhouse on an individually-platted lot in all districts.
(C) In a shared access development or if more than one townhouse unit is located on the same lot, the following requirements apply:
(i) One site tree must be provided for every 4,000 square feet of lot area, or portion thereof, or a minimum of one site tree must be provided for each indi- vidual unit, whichever is greater.
(ii) Site trees must be evenly distributed throughout the development.
(8) Townhouses on Individually-Platted lots.
(A) Except for the foundation, a dwelling unit must be physically separable from contiguous dwelling units in the event of removal of a dwelling unit. Each party wall must be governed by a set of deed restrictions, stipulating that if a dwelling unit is removed, the party wall stays with the remaining dwelling unit.
(B) Each dwelling unit must have separate utility services; however, general utility services on land owned and maintained by a homeowner’s association are allowed.
MH MANOR HOUSE
(h) Manor House.
(1) Definition.
A development type with two to five attached dwelling units consolidated in a single structure.
A manor house must be located on a single lot and must contain common walls. The building must look like a conventional single- family house with a single primary entrance except that a manor house with two dwelling units (duplex) may have one primary entrance for each unit. Dwelling units within a building may be situated either wholly or partially over or under other dwelling units. No garage may face a primary street. In the RTN district, up to two units per lot are permitted. An elevated ground floor for residential uses is recommended to ensure privacy.
(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, WR-3, WR-5 RTN
(4) Use and Placement.
BUILDING USE | |
A summary of permitted uses is shown on the left. For a complete list of permitted uses, see Section 51A-13.306, “Uses.”
| |
BUILDING PLACEMENT | |
LOT | |
Area (min sf ) | |
2 units (duplex) | 6,000 |
3 to 5 units | 10,000 |
Area (max sf ) | 20,000 |
Width (min ft) | 50 |
Width (max ft) | 100 |
Lot coverage (max) | 60% |
FRONT SETBACK AREA | |
Primary street (min ft) | 15 |
Side street (min ft) | 10 |
SIDE SETBACK | |
Abutting residential districts other than multi-family (min ft) | 10 |
Abutting multifamily or nonresidential district (min ft) | 5 |
Abutting alley (min ft) | 5 |
REAR SETBACK (principal building) | |
Abutting residential districts other than multi-family (min ft) | 15 |
Abutting multifamily or nonresidential district (min ft) | 15 |
REAR SETBACK (detached garage) | |
Abutting common lot line (min ft) | 3 |
Abutting alley (min ft) | 3 or 20+ |
(5) Height and Elements.
BUILDING HEIGHT | |
HEIGHT | |
Building height (max stories/ft)
| 2½ / 35
|
Building height (min stories) | 2 |
Detached garage (max ft)
| 26
|
STORY HEIGHT | |
Ground story (min/max ft) | 10/15 |
Upper story (min/max ft) | 10/15 |
BUILDING FACADE | |
GROUND-STORY TRANSPARENCY | |
Primary street facade (min) | 20% |
Side street facade (min) | 20% |
Service street facade (min) | none |
Measured from floor to horizontal facade articulation. | |
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. | |
BUILDING ENTRANCE | |
Primary street | required |
Entrance spacing (max linear ft) | none |
Side street | allowed |
Service street | allowed |
BLANK WALL AREA | |
Primary street (max linear ft) | 30 |
Side street (max linear ft) | none |
Service street (max linear ft) | none |
(6) Garage Placement.
(A) Alley Provided.
(i) When an alley is provided and developed, all vehicular access must take place from the alley. On corner lots, access may be taken from the side street, in which case the garage door may face a side street.
(ii) If the garage is less than 20 feet from the alley, an automatic garage door opener is required.
(B) No Alley Provided.
(i) When an alley is not provided or developed, street-facing garages may be positioned as set forth below.
(ii) If the garage is less than 20 feet from the street, an automatic garage door opener is required.
(7) Landscaping.
(A) General landscaping standards are set forth in Section 51A-13.304(a)(2), “Landscaping.”
(B) In the RTN district, one site tree must be provided in the front yard of a manor house on an individually platted lot.
(C) A minimum of one site tree must be provided on the lot for each individual unit in the manor house. At least one site tree must be located in the front yard of each manor house.
SF SINGLE-FAMILY HOUSE
(i) Single-Family house.
(1) Definition.
A development type containing one dwelling unit located on a single lot.
A single-family house has vehicular access only from the rear of the lot. Garages fac- ing the primary street are prohibited. Only one unit per lot is permitted. An elevated ground floor for residential uses is recom- mended to ensure privacy.
(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: RTN
(4) Use and Placement.
BUILDING USE | |
A summary of permitted uses is shown on the left. For a complete list of permitted uses, see Section 51A-13.306, “Uses.”
| |
BUILDING PLACEMENT | |
LOT | |
Area (min sf) | 3,500 |
Area (max sf) | 5,000 |
Width (min ft) | 35 |
Width (max ft) | 45 |
Lot coverage (max) | 60% |
FRONT SETBACK AREA | |
Primary street (min ft) | 15 |
Side street (min ft) | 10 |
SIDE SETBACK | |
Abutting residential districts other than multi-family (min ft) | 5 |
Abutting multifamily or nonresidential district (min ft) | 5 |
Abutting alley (min ft) | 5 |
Abutting side street | 10 |
REAR SETBACK (principal building) | |
Abutting residential districts other than multi-family (min ft) | 15 |
Abutting multifamily or nonresidential district (min ft) | 15 |
REAR SETBACK (detached garage) | |
Abutting a common lot line (min ft) | 5 |
Abutting alley (min ft) | 3 or 20+ |
(5) Height and Elements.
BUILDING HEIGHT | |
HEIGHT | |
Building height (max stories/ft) | 2½ / 35 |
Building height (min stories) | 1 |
Detached garage (max ft) | 26 |
STORY HEIGHT | |
Ground story (min/max ft) | 10/15 |
Upper story (min/max ft) | 10/15 |
BUILDING FACADE | |
GROUND-STORY TRANSPARENCY | |
Primary street facade (min) | 20% |
Side street facade (min) | 20% |
Service street facade (min) | none |
Measured from floor to horizontal facade articulation. | |
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. | |
BUILDING ENTRANCE | |
Primary street | required |
Entrance spacing (max linear ft) | none |
Side street | allowed |
Service street | allowed |
BLANK WALL AREA | |
Primary street (max linear ft) | 30 |
Side street (max linear ft) | none |
Service street (max linear ft) | none |
(6) Garage Placement.
(A) Except on a corner lot, all vehicular access must take place from an alley. On a corner lot, access may be taken from the side street, in which case the garage door may face a side street.
(B) If the garage is less than 20 feet from the alley, an automatic garage door opener is required.
(7) Landscaping.
(A) General landscaping standards and alternative requirements for shared access developments are set forth in Section 51A-13.304(a)(2), “Landscaping.”
(B) A minimum of two site trees must be provided on the lot for each single-family house. At least one site tree must be located in the front yard of each single-family house.
CIV CIVIC BUILDING
(j) Civic Building.
(1) Definition.
A development type containing civic or place of worship uses that serve the sur- rounding community.
Civic buildings should be designed to physically express their prominence in the community. Civic buildings should either be sited adjoining or surrounded by civic spaces or placed at the axial termination of a street in order to provide a visual landmark. In order to provide greater flexibility and allow more distinctive architectural expression, civic buildings do not have mandatory street frontage requirements. No surface parking is permitted between the building and any primary street.
(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 | WR-3, WR-5 | RTN |
MEDIUM: | WMU-8, WMU-12 | WR-8, WR-12 | |
HIGH: | WMU-20, WMU-40 | WR-20, WR-40 | |
OVERLAY: | -SH |
(4) Use, Height, and Placement.
BUILDING USE | |
A summary of permitted uses is shown on the left. For a complete list of permitted uses, see Section 51A-13.306, “Uses.” | |
BUILDING HEIGHT | |
Building height (max) | See Section 51A-13.302, “Height”
|
Building height (min stories) | 1
|
BUILDING PLACEMENT | |
LOT | |
Area (min sf ) | 3,000 |
Width (min ft) | 30 |
Lot coverage (max) | 60% |
SETBACKS | |
Primary street (min ft) | 20 |
Side street (min ft) | 10 |
Interior side (min ft) | 10 |
Rear (min ft) | 10 |
PARKING SETBACK | |
From primary street (min ft) | 20 |
No on-site surface parking is permitted between the building and the primary street. | |
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 |
(5) Landscaping.
(A) General landscaping standards are set forth in Section 51A-13.304(a)(2), “Landscaping.”
(B) One site tree must be provided for every 4,000 square feet of lot area, or portion thereof, or a minimum of four site trees must be provided, whichever is greater.
(C) Site trees must be evenly distributed throughout the development.
O OPEN SPACE LOT
(k) Open Space Lot.
(1) Definition.
A development type located and designed to accommodate civic open space or natural area worthy of preservation.
An open space lot is intended primarily to provide for public or private open space. Open space lots can also be used to accommodate commercial surface parking lots, although commercial surface parking lots may not be used to satisfy open space requirements.
(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 | WR-3, WR-5 | RTN |
MEDIUM: | WMU-8, WMU-12 | WR-8, WR-12 | |
HIGH: | WMU-20, WMU-40 | WR-20, WR-40 | |
OVERLAY: | -SH |
(4) Use, Height, and Placement.
USE | |
A summary of permitted uses is shown on the left. For a complete list of permitted uses, see Section 51A-13.306, “Uses.” Parking as an accessory use is not permitted on an open space lot.
| |
HEIGHT | |
Building/Structure Height (max ft) | 35 |
BUILDING/STRUCTURE PLACEMENT | |
No more than five percent of the total lot area may be occupied by buildings or structures. | |
Rear setback (min): | 10’ |
LOT | |
Area (min sf ) | 2,000 |
Width (min ft) | 20 |
Lot coverage (max) | 5% |
SETBACKS | |
Front (min ft) | 10 |
Side street (min ft) | 10 |
Interior side (min ft) | 10 |
Rear (min ft) | 10 |
(5) Configuration.
(A) In General.
An open space lot must be configured as set forth in Subparagraphs (B) through (K).
(B) Plaza or Esplanade.
(i) A plaza is a formal open space defined by building frontages and abutting streets. An esplanade is a linear, open area, abutting a river, large body of water, or street, where people may walk.
(ii) A plaza or esplanade must be at least 2,000 square feet. A plaza may not exceed a maximum of one acre.
(iii) An esplanade must have a minimum width of 40 feet.
(iv) A plaza or esplanade must be bounded by a street on at least one side.
(v) A plaza or esplanade is typically furnished with paths, benches, and open shelters.
(vi) A plaza or esplanade may contain landscaping and paved surfaces. Pervious paving materials must make up a minimum of 70 percent of any paved surface. Trees and shrubs must be planted in formal patterns.
(vii) For a plaza, perimeter street trees and sidewalks must be installed in accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor Streets and Streetscapes.”)
(viii) For an esplanade, street trees must be installed in accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor Streets and Streetscapes.”)
(ix) Site trees must be planted at the rate of one large canopy tree per 2,500 square feet of lot area. Each tree must have a caliper of at least two inches at the time of planting. Trees may be planted in planters or tree grates.
(x) A plaza may be level, stepped, or gently sloping. An esplanade must be level.
(xi) Lots that share a common lot line with a plaza or esplanade must configure development as though the plaza or esplanade were a primary street.
(C) Square.
(i) A square is a formal open space defined by building frontages and abutting streets. A square must be at least 10,000 square feet in size, but may not exceed two acres.
(ii) A square is bounded by streets on a minimum of three sides.
(iii) A square is typically furnished with paths, benches, and open shelters.
(iv) Landscaping must consist of lawn, trees, and shrubs planted in formal patterns.
(v) A square must contain a minimum 30 percent turf, groundcover, soil, or mulch. The balance of the area may be any paved surface. Pervious paving materials must make up a minimum of 70 percent of any paved surface.
(vi) Perimeter street trees and sidewalks must be installed in accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor Streets and Streetscapes.”)
(vii) Site trees must be planted at the rate of one large canopy tree per 2,500 square feet of lot area. Each tree must have a caliper of at least two inches at the time of planting.
(viii) A square may be level, stepped, or gently sloping.
(ix) Lots that share a common lot line with a square must configure development as though the square were a primary street.
(D) Green.
(i) A green is an informal open space defined by abutting streets.
(ii) A green must be at least 10,000 square feet in size, but may not exceed two acres.
(iii) A green must be bound by streets on a minimum of two sides.
(iv) A green is typically furnished with paths, benches, and open shelters.
(v) Landscaping must consist of lawn and informally arranged trees and shrubs.
(vi) A green must contain a minimum of 60 percent turf, ground-cover, soil, or mulch. The balance of the area may be any paved surface. Pervious paving materials must make up a minimum of 70 percent of any paved surface.
(vii) Perimeter street trees and sidewalks must be installed in accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor Streets and Streetscapes.”)
(viii) Site trees must be planted at the rate of one large canopy tree per 2,500 square feet of lot area. Each tree must have a caliper of at least two inches at the time of planting. Site tree plantings may be informal.
(ix) The topography may be irregular.
(x) Lots that share a common lot line with a green must configure development as though the green were a primary street.
(E) Neighborhood Park.
(i) A neighborhood park is a natural landscape consisting of open and wooded areas and may also include, but are not limited to, tennis courts, racquet ball courts, basketball courts, volley ball courts, ball fields, swings, slides, playgrounds, dog parks, benches, restrooms, picnic units, shelters, and walking paths.
(ii) A neighborhood park must be at least 20,000 square feet in size.
(iii) A neighborhood park is bounded by streets on a minimum of one side.
(iv) Neighborhood parks are often irregularly shaped but may be linear in order to parallel creeks, canals, or other corridors.
(v) Landscaping must consist of informally arranged trees and shrubs. The topography may be irregular.
(vi) A neighborhood park may have a maximum of 15 percent impervious surface.
(vii) Perimeter street trees and sidewalks must be installed in accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor Streets and Streetscapes.”)
(viii) Site trees must be planted at the rate of one large canopy tree per 2,500 square feet of lot area. Each tree must have a caliper of at least two inches at the time of planting.
(F) Tot Lot.
(i) A tot lot provides play areas for children as well as open shelter and benches.
(ii) A tot lot must be at least 2,000 square feet in size, but may not exceed one acre.
(iii) Tot lots may be freestanding or located within squares, greens, or neighborhood parks.
(iv) The impervious surface of a tot lot may not exceed 15 percent.
(v) Perimeter street trees and sidewalks must be installed in accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor Streets and Streetscapes.”)
(vi) Site trees must be planted at the rate of one large canopy tree per 2,500 square feet of lot area. Each tree must have a caliper of at least two inches at the time of planting.
(G) Community Garden.
(i) A community garden is a grouping of garden plots available to nearby residents for small-scale cultivation, including storage facilities for necessary equipment.
(ii) A community garden must be at least 10,000 square feet in size, but may not exceed two acres.
(iii) The impervious surface of a community garden may not exceed 15 percent.
(iv) Perimeter street trees and sidewalks must be installed in accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor Streets and Streetscapes.”)
(H) Landscaped Median.
(i) A wide landscape median provides open space and green area embedded within the public realm of a minor street.
(ii) A landscape median must be at least 20 feet in width and one block in the length, with a reduction of the width to eight feet at the location of turn lanes.
(iii) Landscaping must consist of lawn and formally arranged trees.
(iv) A double row of street trees must be planted at the rate of one large canopy tree every 40 feet on center, on average. Each tree must have a caliper of at least three inches at the time of planting.
(v) Trees must be planted no more than 10 feet nor less than six feet from the back of curb.
(vi) Improvements may include paved walks, trails, benches, and trash receptacles.
(I) Greenbelt.
(i) Greenbelts typically follow natural features such as streams or rivers. They are designed to incorporate natural settings such as creeks and significant stands of trees within neighborhoods, and are used for transportation, recreation, and environmental protection.
(ii) Greenbelts differ from neighborhood parks, plazas, and squares in that their detailing is natural (i.e. informally planted), except along rights-of-way, and may contain irregular topography.
(iii) Design of the greenbelt should incorporate conservation of existing mature tree canopy and landscape and protection of existing natural drainage-ways and creeks.
(iv) Land within the 100-year floodplain may be used to accommodate a greenbelt.
(v) The greenbelt must be accessible from adjacent development.
(vi) Improvements may include paved walks, trails, benches, and trash receptacles.
(vii) No rear-facing lots may abut a greenbelt.
(J) Private Open space under 2,000 SF.
Private open space of less than 2,000 square feet must be designed to meet the standards for landscaping or private open space for the appropriate development type.
(K) Commercial Surface Parking Lot.
A commercial surface parking lot on an open space lot may be approved through the specific use permit process. The length of time the use may be op- erated must be set during approval of the specific use permit. The commercial surface parking lot must meet all standards for design and landscaping required in this article. No commercial surface parking lot may be used to satisfy public or private open space requirements.
(6) Certificate of Occupancy Eequired.
Except for a landscape median and greenbelt, a certificate of occupancy is required for all open space lots.
(Am. Ord. 30889, passed 6-13-18; Am. Ord 31470, passed 2-24-20)
(a) Arcades.
(1) Arcades are permitted on mixed use shopfront, single-story shopfront, general commercial, and civic development types.
(2) An arcade must have a clear depth from the support columns to the building’s facade of at least eight feet and a clear height above the sidewalk of at least 10 feet.
(3) An arcade must be contiguous and extend over at least 50 percent of the width of the building facade.
(4) No arcade may encroach into the door yard or the public right-of-way.
(b) Galleries.
(1) Galleries are permitted on mixed use shopfront, single-story shopfront, general commercial, and civic development types.
(2) A gallery must have a clear depth from the support columns to the building’s facade of at least eight feet and a clear height above the sidewalk of at least 10 feet.
(3) A gallery must be contiguous and extend over at least 50 percent of the width of the building facade from which it projects.
(4) A gallery may encroach into the door yard. No gallery may encroach into the public right-of-way without a license for the use of that right-of-way.
(c) Awnings.
(1) Awnings are permitted on mixed use shopfront, single-story shopfront, general commercial, apartment, and civic development types.
(2) A ground-story awning must have a minimum clearance of 10 feet above the sidewalk and must have a minimum depth of six feet.
(3) An awning may encroach into the door yard. No awning may encroach into the public right-of-way without a license for the use of that right-of-way.
(d) Balconies.
(1) Balconies are permitted only on the upper stories of mixed use shopfront, general commercial, apartment, townhouse stacked, townhouse, manor house, single- family house, and civic development types.
(2) No balcony may project within five feet of a common lot line.
(3) A balcony may encroach into the door yard. No balcony may encroach into the public right-of-way without a license for the use of that right-of-way.
(e) Stoops.
(1) Stoops are permitted on townhouse stacked, townhouse, manor house, apartment, and single-family house development types.
(2) A stoop must be no more than five feet deep (including the steps) and six feet wide.
(3) A stoop may be roofed, but not enclosed.
(4) Partial walls and railings on a stoop may be no higher than 3 1/2 feet.
(5) A stoop may encroach into the door yard. No stoop may encroach into the public right-of-way without a license for the use of that right-of-way.
(f) Front Porches.
(1) Front porches are permitted on townhouse stacked, townhouse, manor house, apartment, and single-family house development types.
(2) A front porch must be a minimum of six feet deep (not including the steps).
(3) Except as provided in this paragraph, a front porch must be contiguous with a width not less than 50 percent of the building facade from which it projects. This provision does not apply to the apartment development type.
(4) A front porch may be roofed, but not enclosed.
(5) Partial walls and railings on a porch may be no higher than 3 1/2 feet.
(6) A front porch may encroach into the door yard. No front porch may encroach into the public right-of-way without a license for the use of that right-of-way.
(g) Roof Treatments.
Dormers are permitted in an attic story. Dormers must not break the primary eave line, be individually more than 15 feet wide, and collectively be more than 60 percent of the facade length.
(h) Building Entrances.
(1) The following building entrance requirements apply to mixed use shopfront, single-story shopfront, general commercial, and apartment development types.
(2) An entrance providing both ingress and egress, operable during normal business hours, is required to meet primary street entrance requirements. Additional entrances off another street, pedestrian area, or internal parking area are permitted.
(3) The entrance separation requirements provided for the development type must be met for each building, but are not applicable to adjacent buildings.
(4) An angled entrance may be provided at either corner of a building along the primary street to meet the primary street entrance requirements, provided any applicable entrance spacing requirements can still be met.
(5) A minimum of 50 percent of a required entrance must be transparent.
(6) A required fire exit door with no transparency may front on a primary, side, or service street.
(i) Fences and Walls.
(1) Except as provided below, the provisions of Section 51A-4.602 apply.
(2) In a door yard, a fence may not exceed three feet in height above grade. In all other required yards, no fence or wall may exceed six feet in height above grade.
(Am. Ord. 30889, passed 6-13-18)
(a) General Provisions.
(1) Allowed uses.
No certificate of occupancy may be issued for a use in a WMU, WR, or RTN district that is not allowed by this section. Existing nonconforming uses may continue in accordance with Section 51A-4.704.
(2) Use Categories.
(A) In order to regulate uses more efficiently, categories of uses have been established.
(B) Use categories provide a systematic basis for assigning land uses to appropriate development types. Use categories classify land uses and activities based on common functional, product, or physical characteristics.
(C) Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions.
(3) Principal Uses.
Principal uses are grouped into categories of uses. Permitted uses are shown in Section 51A-13.306(b), “Use Chart.” The use categories used in the use chart are listed in Section 51A-13.306(d), “Use Categories.” The examples of permitted uses listed are not an exhaustive list. The building official has the responsibility for categorizing uses. See Paragraph (6) below.
(4) Transitional Uses.
Transitional uses are intended to provide an opportunity for owners in a form district to make appropriate use of their property during the interim period as the district develops. For a list of permitted transitional uses and regulations, see Section 51A-13.306(e), “Transitional Uses.”
(5) Accessory uses.
(A) Except as provided below, accessory uses are allowed in conjunction with a permitted principal use in accordance with Section 51A-4.217.
(B) A use listed in Section 51A-13.306, “Uses,” (and not Sections 51A-4.201 through 51A-4.216) may be an accessory use if the building official determines that the use is customarily incidental to a main use and otherwise complies with this section.
(C) Except as otherwise provided in this article or in Article IV, accessory uses are subject to the following area restrictions.
(i) If the use is conducted outside, it may not occupy more than five percent of the area of the lot containing the main use.
(ii) If the use is conducted inside, it may not occupy more than five percent of the floor area of the main use.
(iii) Any use that exceeds these area restrictions is considered to be a separate main use.
(D) Pedestrian sky bridges are not permitted in the form districts.
(E) Wind turbines and other integrated renewable energy systems are permitted in the form districts.
(6) Building Official Responsibility.
(A) The building official is responsible for categorizing all uses. If a proposed use is not listed in a use category, but is similar to a listed use, the building official shall place the proposed use under that use category.
(B) When determining whether a proposed use is similar to a listed use in Section 51A-13.306(d), “Use Categories,” the building official shall consider the following criteria:
(i) The actual or projected characteristics of the proposed use.
(ii) The relative amount of site area or floor area and equipment devoted to the proposed use.
(iii) Relative amounts of sales.
(iv) The customer type.
(v) The relative number of employees.
(vi) Hours of operation.
(vii) Building and site arrangement.
(viii) Types of vehicles used and their parking requirements.
(ix) The number of vehicle trips generated.
(x) Signs.
(xi) How the proposed use is advertised.
(xii) The likely impact on surrounding properties.
(xiii) Whether the activity is likely to be independent of the other activities on the site.
(7) Additional Use Regulations.
Except as otherwise provided in this article, the additional provisions in Division 51A-4.200 for a specific use apply to that use under this article.
(b) Use Chart.
The use chart identifies the uses allowed by right, the uses requiring a specific use permit, and uses that are not allowed. The use chart key is set forth below.
(A) Permitted. (∙)
Indicates that the use is allowed by right in that development type.
(B) specific use Permit. ([])
Indicates that a use is permitted in that development type only in accordance with Section 51A-4.219, “Specific Use Permit (SUP).”
(C) Blank Cell.
A blank cell indicates that a use is not permitted in that development type.
Use Chart
Mixed Use Shopfront | Single- Story Shopfront | General Commercial | Apartment | Townhouse Stacked | Townhouse | Manor House | Single- family House | Civic Building | Open Space Lot | Additional Regulations | ||||
Mixed Use Shopfront | Single- Story Shopfront | General Commercial | Apartment | Townhouse Stacked | Townhouse | Manor House | Single- family House | Civic Building | Open Space Lot | Additional Regulations | ||||
Mu | Ss | Gc | Apt | Ts | Th | Mh | Sf | Civ | O | |||||
Principal Use | Use Category | Ground Story | Upper Stories | Ground Story | All Stories | All Stories | Ground Story | Upper Stories | All Stories | All Stories | All Stories | All Stories | --- | |
Residential | Single-family living | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | (c)(1), (c)(2) | ||||||
Multifamily living | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | ||||||||
Group living | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | (c)(1) | |||||||
Civic | Community service, except as listed below: | [] | [] | [] | [] | [] | [] | |||||||
Museum, library | ∙ | ∙ | ∙ | ∙ | ∙ | ∙ | (c)(3) | |||||||
Day care | ∙ | ∙ | ∙ | ∙ | ∙ | (c)(3) | ||||||||
Educational | ∙ | ∙ | ∙ | ∙ | ∙ | (c)(3) | ||||||||
Government service, except as listed below: | ∙ | ∙ | ∙ | ∙ | ∙ | (c)(3) | ||||||||
Detention center, jail, or prison | [] | [] | ||||||||||||
Park or Open space | ∙ | |||||||||||||
Social service | [] | [] | [] | [] | (c)(8) | |||||||||
Transit station | ∙ | ∙ | ∙ | ∙ | ∙ | |||||||||
Utilities | ∙ | (c)(4) | ||||||||||||
Place of Worship | Place of Worship | ∙ | ∙ | ∙ | ∙ | ∙ | ||||||||
Office | Medical | ∙ | ∙ | ∙ | ∙ | |||||||||
Office | ∙ | ∙ | ∙ | ∙ | ∙ | |||||||||
Retail | Drive-thru facility | [] | [] | [] | (c)(9) | |||||||||
Restaurant or Bar | ∙ | ∙ | (c)(5) | |||||||||||
Retail sales | ∙ | ∙ | (c)(5) | |||||||||||
Vehicle sales | ∙ | ∙ | ||||||||||||
Service and Entertainment | Commercial amusement (inside) | [] | [] | [] | [] | |||||||||
Indoor recreation | ∙ | ∙ | ∙ | ∙ | ||||||||||
Personal service, except as listed below: | ∙ | ∙ | ∙ | ∙ | ||||||||||
Animal care | ∙ | ∙ | ∙ | ∙ | (c)(6) | |||||||||
Commerce | Commercial parking | ∙ | ∙ | ∙ | [] | |||||||||
Passenger terminal limited to a Helistop | [] | [] | ||||||||||||
Overnight lodging | ∙ | ∙ | (c)(7) | |||||||||||
Self-service storage | [] | [] | ||||||||||||
Fabrication | Light manufacturing | ∙ | ||||||||||||
Research and development | ∙ | |||||||||||||
Vehicle service | ∙ | |||||||||||||
Key:
∙
= Permitted [] = Specific Use Permit Blank Cell = Not Permitted
(c) Additional Regulations.
(1) Handicapped Group Dwelling Unit and Group Residential Facilities.
A handicapped group dwelling unit or group residential facility must be located at least 1,000 feet from any other group residential facility or licensed handicapped group dwelling unit. Dwellings or facilities that do not meet this standard may request a spe- cific use permit. For purposes of this provision, the distance between uses is measured in a straight line, without regard to intervening structures or objects, between the nearest boundaries of the building sites on which the uses are located. (Note: The spacing compo- nent of these use regulations is based, not on the handicapped status of the residents, but on the non-family status of the groups.)
(2) Townhouse and Manor House in the RTN District.
A townhouse or manor house in the RTN district must be located on an individually-platted lot. No more than two dwelling units are permitted on a lot. No multifamily or group living is permitted in the RTN district.
(3) Special Regulations in the RTN District.
In the RTN district, museum, library, day care, educational, and government service uses are permitted only by specific use permit.
(4) Tower/Antenna for Cellular Communication.
(A) In General.
For tower/antenna for cellular communication uses, the provisions of Section 51A-4.212(10.1) apply, except as modified in Subparagraphs (B) and (C).
(B) Mounted Cellular Antennas.
(i) Permitted by right in the RTN district when attached to an existing structure that is currently occupied or was last occupied by a nonresidential use.
(ii) Permitted by right in a WMU or WR district when attached to any existing structure.
(C) Monopole and Other Cellular Towers.
(i) Not permitted in the RTN district.
(ii) Permitted by specific use permit in a WMU or WR district.
(5) Restaurant or Bar and Retail Sales.
(A) A permitted ground-story restaurant or bar or retail sales use is allowed in the upper stories of a building provided that a restaurant or bar or retail use also exists on the ground story of the building.
(B) A restaurant or bar is permitted in the upper stories of an overnight lodging facility in a mixed use shopfront.
(6) Animal Care.
No outdoor runs are permitted in association with an animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, kennel, or doggy day care facility.
(7) Overnight Lodging.
A lobby serving an overnight lodging facility is permitted on the ground story of a mixed use shopfront building.
(8) Overnight General Purpose Shelter.
No overnight general purpose shelter may provide shelter to more than 20 overnight guests.
(9) Drive-thru Facility.
Except as provided in this paragraph, a drive-thru facility is only permitted by specific use permit. A drive-thru facility may be established within the ground story of a parking structure without obtaining a specific use permit if all stacking spaces are completely contained within the structure.
(d) Use Categories.
(1) Residential Use Categories.
(A) Single-Family Living.
(i) Definition. Residential occupancy of a dwelling unit by one family, on a monthly or longer basis, within a structure that contains no more than two dwelling units.
(ii) Examples of Permitted Uses.
Single-family or duplex.
Handicapped group dwelling unit.
(B) Multifamily Living.
(i) Definition. Residential occupancy of a dwelling unit by one family, on a monthly or longer basis, within a structure that contains at least three dwelling units.
(ii) Examples of Permitted uses.
Multifamily and retirement housing.
(C) Group Living.
(i) Definition. Residential occupancy of a structure by a group of people who may not meet the definition of a family. Tenancy is usually arranged on a monthly or longer basis. Generally, group living facilities have a common eating area for residents, and residents may receive care or training.
(ii) Examples of Permitted Uses.
Boarding house, rooming house, or lodging house.
Foster home (seven or more residents).
Fraternity, sorority, or college dormitory.
Group residential facility.
Hospice.
Monastery or convent.
Nursing home.
Residential hotel.
(2) Civic Use Categories.
(A) Community Service.
(i) Definition. Uses of a public, nonprofit, or charitable nature providing ongoing public safety, educational training, or counseling to the general public on a regular basis, without a residential component.
(ii) Examples of Permitted Uses.
Museum or library.
Community service center.
Neighborhood arts center or similar public community facility.
(B) Day care.
(i) Definition. Uses providing care, protection, and supervision of children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the facility may be open 24 hours each day.
(ii) Examples of Permitted Uses.
Adult day care facility.
Child care facility.
Nursery school or preschool.
(C) Educational.
(i) Definition. Public and private (including charter or religious) schools at the primary, elementary, middle, junior high, or high school level that provide basic academic education. This use also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree.
(ii) Example of Permitted uses.
Academy (special training).
College, community college, university, or seminary. Public or private (K-12) school.
Charter, trade, vocational, or business school.
(D) Government Service.
(i) Definition. Office, storage, maintenance, or other facility for the operation of local, state, or federal government.
(ii) Examples of Permitted uses.
City, county, state, federal, or government office.
Convention center or trade center.
Detention center, jail, or prison.
Police, fire, EMS station, substation, or ambulance service.
Post office.
(E) Park/Open space.
(i) Definition. A use focusing on public gathering areas for passive or active outdoor recreation, and having few structures.
(ii) Examples of Permitted uses.
Botanical garden, nature preserve, or recreational trail.
Cemetery, mausoleum, columbarium, or memorial park.
Square, green, plaza, neighborhood park, tot lot, or community garden.
Farmers market.
(F) Social Service.
(i) Definition. A use that primarily provides housing related to social service programs, including treatment of those with psychiatric, alcohol, or drug problems, and transients.
(ii) Examples of Permitted Uses.
Halfway house.
Overnight general purpose shelter.
(G) Transit Station.
(i) Definition. A facility for the boarding of non-commercial transit.
(H) Utilities.
(i) Definition. Public or private infrastructure serving a limited area with no on-site personnel (minor utility) or serving the general community with on-site personnel (major utility).
(ii) Examples of Permitted Uses.
Minor utilities, including on-site stormwater retention or detention facility, neighborhood-serving telephone exchange or switching center, gas or electric installation or transmission, water and wastewater pump station or lift station, gas gates, reservoir, control structure, drainage well, and water supply water well. Major utilities, including aeration facility, electrical substation, electric or gas generation plant, filter bed, railroad right-of-way, transmission tower, waste treatment plant, water pumping facility, and water tower or tank.
Mounted cellular antennas or monopole cellular towers.
(3) Place of Worship.
(A) Place of Worship.
(i) Definition. A place of assembly that provides meeting areas for religious practice.
(ii) Examples of Permitted uses.
Church, mosque, shrine, synagogue, tabernacle, or temple.
(4) Office Use Categories.
(A) Medical.
(i) Definition. A use providing medical or surgical care to patients. Some uses may offer overnight care.
(ii) Examples of Permitted uses.
Blood plasma donation center.
Medical or dental laboratory.
Hospital, urgent care, or emergency medical office.
Medical, dental office, or chiropractor’s office.
Ambulatory surgical center.
(B) Office.
(i) Definition. Activities conducted in an office setting that generally focus on business, professional, or financial services.
(ii) Examples of Permitted uses.
Offices including advertising, business management consulting, data processing, collection agency, real estate or insurance agent, professional services such as a lawyer, accountant, bookkeeper, engineer, or architect, sales office, or travel agency.
Financial services such as lender, investment, or brokerage house, or bank.
Call center.
Counseling in an office setting.
Radio, TV, or recording studio.
Art studio or art gallery.
(iii) Examples of Prohibited uses.
Bail bonds.
(5) Retail Use Categories.
(A) Drive-thru Facility.
(i) Definition. A facility that provides direct window service for customers in motor vehicles.
(ii) Examples of Permitted Uses.
Restaurant with drive-through service.
Financial institution with drive-through service.
Dry cleaners, pharmacies, and other retail uses with drive-through service.
Pay stations for various uses, including utility services, with drive-through windows.
(B) Restaurant or Bar.
(i) Definition. Establishment that prepares and sells food or drink for on- or off-premise consumption.
(ii) Examples of Permitted uses.
Alcoholic beverage establishment.
Bar, tavern, lounge, or brew pub.
Pizza or other meal delivery facility.
Restaurant, fast-food restaurant, take-out, yogurt, ice cream, or coffee shop.
(C) Retail Sales.
(i) Definition. A facility involved in the sale, lease, or rental of new or used products.
(ii) Examples of Permitted uses.
Sale of alcoholic beverages for off-premise consumption.
Sale of baked goods, flowers, fuel (including gasoline and diesel fuel), pets, pharmaceuticals, produce, groceries, and tobacco.
Sale, lease, or rental of antiques, appliances, art supplies, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts or novelties, hardware, home improvement, household products, jewelry, liquor, medical supplies, music, musical instruments, office supplies, package shipping, pet supplies, photo finishing, picture frames, plants, printed materials, souvenirs, sporting goods, stationery, used or secondhand goods, vehicle parts and accessories, or videos. General merchandise or food store.
(iii) Examples of Prohibited uses.
Check cashing.
Pawnshop.
(D) Vehicle Sales.
(i) Definition. Direct sales, rental, or leasing of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles.
(ii) Examples of Permitted uses.
Vehicle sales, rental, or leasing.
Boats and other recreational vehicle sales. Vehicle rental.
(6) Service and Entertainment Use Categories.
(A) Commercial Amusement (Inside).
(i) Definition. A facility wholly enclosed in a building that offers entertainment or games of skill for a fee to the general public.
(ii) Examples of Permitted uses.
Adult cabaret.
Amusement center, arcade, or children’s amusement center.
Billiard hall or pool hall.
Bingo parlor.
Bowling alley.
Dance hall.
Motor track.
Skating rink.
(B) Indoor Recreation.
(i) Definition. A generally commercial use, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting.
(ii) Examples of Permitted uses.
Athletic, tennis, swim, or health club.
Dance, martial arts, music studio, or classroom.
Gymnastic facility or indoor sports academy.
Lodge or membership club.
Movie or other theater.
(C) Outdoor Recreation.
(i) Definition. A generally commercial use, varying in size, providing daily or regularly scheduled recreation-oriented activities. These activities may take place wholly outdoors or within a number of outdoor structures.
(ii) Examples of Permitted uses.
None.
(iii) Examples of Prohibited uses.
Drive-in theater.
Campground, travel trailer park, or recreational vehicle park.
Extreme sports such as paintball, BMX, or skateboarding facility.
Golf course, country club, or executive par three golf course.
Outdoor entertainment activity such as batting cage, golf driving range, mini-amusement park, miniature golf facility, or water park.
Horse stable, riding academy, or equestrian center.
Outdoor shooting range.
Sports academy for active recreational or competitive sports.
Stadium, arena, or commercial amphitheater.
Commercial amusement (outside).
(D) Personal Service.
(i) Definition. Facilities involved in providing personal services or repair services to the general public.
(ii) Examples of Permitted uses.
Animal care (animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, kennel, or doggy day care). No outside runs are permitted.
Catering establishment (small-scale) or small-scale cleaning establishment.
Dry-cleaning or laundry drop-off facility, laundromat, cleaning, pickup station, or coin-operated pickup station.
Drop-in child care center.
Funeral home, mortuary, undertaking establishment, or commercial wedding chapel.
Hair, nail, tanning, massage therapy, personal care service, or barber and beauty shop.
Modeling studio.
Photocopy, blueprint, package shipping and quick-sign service, printing, and publishing.
Palmist, psychic, or medium.
Security service.
Appliance, bicycle, canvas product, clock, computer, jewelry, musical instrument, office equipment, radio, shoe, television or watch repair.
Tailor, milliner, upholsterer, or locksmith.
(iii) Examples of Prohibited uses.
Massage parlor.
Tattoo or body piercing.
Taxidermist.
(7) Commerce Use Categories.
(A) Commercial Parking.
(i) Definition. A facility that provides parking not accessory to a principal use, for which a fee may or may not be charged.
(ii) Examples of Permitted uses.
Park-and-ride facility.
Short- and long-term fee parking facility. Surface parking lot.
(B) Overnight Lodging.
(i) Definition. Accommodations arranged for short term stays of less than 30 days for rent or lease.
(ii) Examples of Permitted uses.
Hotel, motel, inn, extended-stay facility, bed and breakfast, or youth hostel.
(C) Passenger Terminal.
(i) Definition. A public or commercial facility for the takeoff and landing of airplanes and helicopters, and a facility for bus, taxi, or limo service.
(ii) Examples of Permitted uses.
Helistop (SUP required).
(iii) Examples of Prohibited uses.
Airport, heliport, or airline terminal.
Bus passenger terminal or multi-modal facility. Taxi dispatch center or limousine service.
(D) Self-Service Storage.
(i) Definition. A facility that provides separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property.
(ii) Examples of Permitted uses.
Warehouse, self-service, fully enclosed indoor multi-story storage, or mini-warehouse.
(8) Fabrication Use Categories.
(A) Light Industrial.
(i) Definition. A facility that manufactures, assembles, disassembles, repairs, or services industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contrac- tors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the facility.
(ii) Examples of Permitted uses.
None.
(iii) Examples of Prohibited uses.
Brewery, winery, or large-scale catering establishment.
Bus or rail transit vehicle maintenance or storage facility.
Contractors storage including janitorial and building maintenance service, exterminator, or other maintenance yard or facility, building, heating, plumbing, landscaping, or electrical contractor and others who perform services off-site, but store equipment and materials or perform fabrication or similar work on-site.
Crematorium or pet crematorium.
Electronics service center.
Food or beverage production.
Labor hall.
Lawn, tree, or garden service.
Laundry, dry-cleaning, carpet cleaning plants, or large-scale cleaning establishment.
Leather production.
Lumberyard and wood products, sheet metal shop, or soft drink bottling.
Stone, clay, glass, and concrete products.
(B) Light Manufacturing.
(i) Definition. A facility conducting light manufacturing operations within a fully-enclosed building.
(ii) Examples of Permitted uses.
Bulk mailing service.
Clothing or textile apparel manufacturing.
Manufacture or assembly of equipment, instruments (including musical instruments), appliances, precision items, electrical items, sporting goods, office and art supplies, electrical equipment/items, paper products (except pulp mills), metal and glass products.
Office showroom/warehouse.
Printing, publishing, and lithography.
Production of artwork and toys, sign-making, movie production facility, or photo-finishing laboratory.
Repair of scientific or professional instruments and electric motors.
Sheet metal, welding, machine, tool repair shop, or studio.
Woodworking, including cabinet makers and furniture manufacturing.
(C) Research and Development.
(i) Definition. A facility focused primarily on the research and development of new products.
(ii) Examples of Permitted uses.
Laboratories, offices, and other facilities used for research and development by or for any individual, organization, or concern, whether public or private.
Prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such a product.
Pilot plants used to test manufacturing processes planned for use in production elsewhere.
Production facilities and operations with a high degree of scientific input.
Facilities and operations in which the input of science, technology, research, and other forms of concepts or ideas constitute a major element of the value added by manufacture per unit of product.
(D) Vehicle Service.
(i) Definition. A facility providing repair and service to passenger vehicles, light and medium trucks, and other con- sumer motor vehicles such as motorcycles, boats, and recreational vehicles.
(ii) Examples of Permitted uses.
Audio and alarm system installation, custom accessories, quick lubrication facilities, auto detailing, minor scratch and dent repair, bedliner installation, glass repair and replacement, tire sales and mounting, or full- or self-service vehicle wash.
Alignment shop, body shop, engine replacement or overhaul, repair of cars, trucks, RVs, and boats, repair or replacement of brakes, shocks, mufflers, and transmissions.
Towing service or truck service.
(E) Wholesale trade.
(i) Definition. A facility involved in the sale, lease, or rental of products to industrial, institutional, or commercial businesses only. The use emphasizes on-site sales or order-taking and often includes display areas. Products may be picked up on-site or delivered to the customer.
(ii) Examples of Permitted uses.
None.
(iii) Examples of Prohibited uses.
Mail-order house.
Sale or rental of machinery, equipment, heavy equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, plumbing supplies, janitorial supplies, restaurant equipment, and store fixtures.
Wholesale sales of food, clothing, auto parts, building hardware, and similar products.
(9) Industrial Use Categories.
(A) Agriculture.
(i) Definition. A use that creates or preserves areas intended primarily for the raising of animals and crops, conserva- tion, and the secondary industries associated with agricultural production.
(ii) Examples of Permitted uses.
None.
(iii) Examples of Prohibited uses.
Animal raising including horses, hogs, cows, sheep, goats, swine, poultry, rabbits, and other small animals.
Apiculture, aquaculture, or dairying.
Crop production, soil preparation, agricultural services, large animal and veterinary services, or farm labor and management services.
Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, silviculture, or sale of agriculture products.
Fish hatcheries and preserves.
Grain, fruit, field crop and vegetable cultivation and storage.
Hunting, trapping, and game propagation.
Livestock, dairy, poultry, and egg products.
Livestock auction.
Milk processing plant.
Packing house for fruits or vegetables.
Personal or commercial animal breeding and development.
Plant nursery or plant nursery with landscape supply.
Poultry slaughtering and dressing.
Timber tracts or forest nursery gathering of forest products.
(B) Heavy Industrial.
(i) Definition. A use emphasizing industrial businesses and the sale of heavier equipment. Factory production and industrial yards are located here. Sales to the general public are limited.
(ii) Examples of Permitted uses.
None.
(iii) Examples of Prohibited uses.
Any use that is potentially dangerous, noxious, or offensive to neighboring uses in the district or those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio or television reception, or radiation.
Asbestos or radioactive materials.
Animal processing, packing, treating and storage, livestock or poultry slaughtering, concentrate plant, processing of food and related products, production of lumber, tobacco, chemical, rubber, leather, clay, bone, paper, pulp, plastic, stone, or glass materials or products, production or fabrication of metals or metal products including enameling and galvanizing, automobile dismantlers and recyclers.
Bulk storage of flammable liquids, chemicals, cosmetics, drugs, soaps, paints, fertilizers, and abrasive products.
Commercial feed lot.
Concrete batching and asphalt processing and manufacture or batch plant.
Earth-moving, heavy construction equipment or transportation equipment.
Explosives, fabricated metal products, and machinery.
Impound lot, wrecker service including city wreckers, auto storage, and wrecking, junk, or salvage yard.
Manufactured or modular housing sales.
Petroleum, liquefied petroleum gas, and coal products and refining.
Primary metal manufacturing.
Pulp mill, rubber and plastic products, or rubber manufacturing.
Scrap metal processors, sawmills, or secondary materials dealers.
Tanning and finishing of leather products.
Trailer leasing, auction vehicle, or broker vehicle.
Tire recapping, tobacco products, or transportation equipment.
(C) Resource Extraction.
(i) Definition. A use that extracts minerals and other solids and liquids from land.
(ii) Example of Permitted uses.
Gas drilling (see Article XII, “Gas Drilling and Production”).
(iii) Examples of Prohibited uses.
Mining, dredging, earth extraction, clearing or grading (timber cutting).
Extraction of phosphate or minerals.
Extraction of sand or gravel or borrow pit.
Metal, sand, stone, gravel, or clay mining and other related processing.
Stockpiling of sand, gravel, or other aggregate materials.
(D) Warehouse and Distribution.
(i) Definition. A facility for the storage or movement of goods for itself or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers.
(ii) Examples of Permitted uses.
None.
(iii) Examples of Prohibited uses.
Bulk storage, including nonflammable liquids, cold storage plants, including frozen food lockers, household moving and general freight storage, or separate warehouse used by retail store such as furniture or appliance store.
Bus barn.
Central postal facility.
Freight or service facility.
Outdoor storage yard.
Parcel services.
Railroad switching yard, freight terminal, or piggyback yard.
Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred.
Trailer storage or drop-off lot.
Truck or motor freight terminal or service facility.
Warehouse.
(E) Waste-Related Service.
(i) Definition. A use that receives solid or liquid wastes from others for transfer to another location and a use that collects sanitary wastes or that manufactures or produces goods or energy from the composting of organic material.
(ii) Examples of Permitted uses.
None.
(iii) Examples of Prohibited uses.
Animal waste processing.
Landfill.
Manufacture and production of goods from composting organic material.
Recycling facility including recyclable material storage, including construction material.
Recycling drop-off facility, recycling buy-back center, or recycling collection center.
Solid or liquid waste transfer station, waste incineration.
(e) Transitional Uses.
(1) Purpose.
When a form district is initiated, it may not be possible to develop and completely transition the entire area at the inception. Transitional uses are intended to provide an opportunity for owners in a form district to make appropriate use of their property during the interim period as the district develops. No transitional use is allowed without a specific use permit which must contain a specified duration and, which may, if necessary, provide regulations as provided in this subsection to ensure compatibility of the use with surrounding property.
(2) Specific Use Permit.
(A) The uses listed in Paragraph (3) are permitted in the WMU and WR districts subject to a specific use permit.
(B) A specific use permit approved for a transitional use must contain a specified duration, which may not exceed five years. A specific use permit for a transitional use is not subject to automatic renewal. No off-street parking reductions are permitted.
(C) A specific use permit approved for a transitional use may modify the following regulations of this article if the city council determines that no adverse impact on surrounding properties will result:
(i) Section 51A-13.302, “Height.”
(ii) Section 51A-13.304, “Development Types.”
(iii) Section 51A-13.305, “Building Elements.”
(D) A specific use permit for a transitional use does not create nonconforming rights in the use, structure, or any modifications of the regulations of this article. Upon expi- ration of the specific use permit, immediate compliance with all regulations of this article is required.
(E) No expiration of a specific use permit may occur while an application for renewal of the specific use permit is pending before the city plan commission or city council. If an application is pending at the end of the current time limit stated in the specific use permit ordinance, the time limit shall be extended as a matter of law:
(i) until the day following the next succeeding official agenda meeting of the city council after the council makes a final decision to deny the application; or
(ii) if the city council votes to create a new time limit, until the effective date of the amending ordinance establishing the new time limit.
(3) List of Transitional Uses.
(A) All uses permitted under Section 51A-13.306, regardless of the district or development type in which the use is located.
(B) Crop production.
(C) Building repair and maintenance shop.
(D) Catering service, large scale.
(E) Electronics service center.
(F) Tool or equipment rental.
(G) Lumber, brick, or building materials sales yard.
(H) Recycling collection center.
(I) Outdoor recreation, including, but not limited to, country club with private membership, private recreation center, club, or area (outside), public golf course, and com- mercial amusement (outside).
(J) Nursery or plant sales on an open lot.
(4) RTN District.
Transitional uses are not permitted in the RTN district.
(Am. Ord. 30889, passed 6-13-18)
(a) Accessory or Main Use.
(1) Except as provided in this division, all off-street parking must be provided on the lot occupied by the main use.
(2) Off-street parking is considered an accessory use.
(3) Off-street parking may be provided as a main use, subject to the standards of this article (see Commercial Parking).
(4) Parking may be provided in a parking overlay district in accordance with Section 51A-13.410, “Parking Management Overlay (-PM).”
(b) Calculation of Required Parking.
(1) Except as provided in this division, when a lot is used for a combination of uses, the parking requirements are the sum of the requirements for each use, and no parking space for one use is included in the calculation of the parking requirements for any other use.
(2) In determining the required number of parking spaces, fractional spaces are counted to the nearest whole number, with one-half counted as an additional space.
(c) Parking Charges.
Except as provided in this subsection, required parking must be available as free parking. Required parking located in a parking structure may be available as free parking, contract parking, or parking on an hourly or daily fee basis. On-street parking may be metered or otherwise be offered for a fee by the city of Dallas or where authority has been appropriately delegated by the city in a -PM overlay.
(d) Outdoor Dining.
The area of any uncovered outdoor dining (not to exceed 50 percent of the indoor dining area) is exempt from the calculation of required parking spaces.
(e) Maximum Reserved Parking.
(1) Surface parking spaces may be reserved for a specific tenant or dwelling unit, provided that the following standards are not exceeded.
Use | Reserved Spaces (maximum) |
Residential | 1.5 per single-family living unit 1.0 per one-bedroom multifamily living unit 1.0 per two-bedroom multifamily living unit 2.0 per three-bedroom (or more) multifamily living unit |
Nonresidential | 1.2 per 1,000 SF |
(2) Underground parking may be reserved without the imposition of maximum standards.
(f) Surface Parking Cap (maximum).
Surface parking may not exceed 125 percent of the required parking specified in Sec- tion 13.402, except where the parking is part of a -PM overlay.
(g) Handicapped Parking.
If more than 10 parking spaces are required, handicapped parking spaces are re- quired as set out in Section 51A-4.305, and designed in accordance with the latest edition of the city of Dallas Off-Street Parking and Driveways Handbook (latest edition).
(a) Spaces Required.
(1) RTN District Required Spaces.
(A) Except as otherwise provided, the residential parking design standards of Division 51A-4.300 and the number of required off-street parking spaces in Division 51A-4.200 apply in the RTN district.
(B) No compact parking is permitted on surface parking lots. A maximum of 20 percent of the required parking in a structure may be compact parking.
(C) No parking reductions are permitted in the RTN district.
(2) WMU and WR District Required Spaces.
The following spaces are required in the WMU or WR districts.
Required Parking in WMU and WR Districts
Use Category | ||
Number of Spaces Required |
Use Category | ||
Number of Spaces Required | ||
Residential | Household living | 1.50 per single-family living unit 1.15 per one-bedroom or smaller multifamily living unit 1.65 per two-bedroom multifamily living unit 2.00 per three-bedroom or larger multifamily living unit 0.70 per retirement housing living unit |
Group living | 0.25 per bed PLUS 1 per 200 SF office, minimum 4 | |
Civic | Community service | 1 per 200 SF |
Day care | 1 per 500 SF | |
Educational | 1.50 per elementary classroom 3.50 per junior high or middle classroom 9.50 per senior high classroom 1 per 25 SF seats in any other classroom type | |
Government service | 1 per 200 SF | |
Park/open space | None | |
Place of worship | 1.00 per 4 fixed seats or per 18” length of bench OR 1 per 28.00 SF floor area without seating | |
Social service | see Group Living | |
Office | Medical | 1 per 222 SF |
Office, except: Art studio, gallery Financial services, Bank Call center | 1 per 333 SF 1 per 500 SF 1 per 222 SF 1 per 167 SF | |
Retail | Restaurants, except: Bar, private club | 1 per 100 SF 1 per 83 SF |
Retail sales | 1 per 250 SF | |
Vehicle sales | 1 per 200 SF sales area | |
Service and Entertainment | Commercial amusement (inside), except: Dance hall | 1 per 200 SF 1 per 25 SF |
Indoor recreation, except: Health club or spa Movie theater Performing arts theater | 1 per 150 SF 1 per 143 SF 0.27 per seat 0.40 per seat | |
Personal service | 1 per 250 SF | |
Commerce | Overnight lodging | 1.25 per room PLUS 1 per 200 SF of meeting room |
Self-service storage | minimum 6 | |
Fabrication | Light manufacturing | 1 per 600 SF |
Research & development | 1 per 300 SF | |
Vehicle service | 1 per 500 SF, minimum 5 | |
Note: The parking requirements of Division 51A-4.200 apply to uses not listed in the preceding chart nor deemed to be an equivalent use pursuant to the provisions of Section 51A-13.306, “Uses.”
(Am. Ord 31470, passed 2-24-20)
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