11B-2-4: SETBACKS AND GENERAL LOT DEVELOPMENT REGULATIONS:
These standards are designed to ensure that development within Avimor Planned Development Zoning District will produce a built environment of stable, desirable character that is harmonious with existing and future development and is consistent with the intent and purpose of the Master Land Use Map. Centralized Water and Wastewater facilities are required for all subdivision and Lot split applications in all Land Use Districts exceeding one (1) Dwelling Unit per two (2) acres (where facilities are available).
   A.   General Setback Standards:
      1.   Minimum Sub-Use District Setbacks are outlined in Table 2.2. Dwelling Units located in the HMU, MU, and NC Sub-Use Districts shall use the Setback standards for the applicable district.
      2.   Dwelling Units that are stacked above non-residential uses shall use the Setbacks of the non-residential Sub-Use District in which located.
      3.   Dwelling Units in the RR, ER, and SF1 Sub-Use Districts shall adhere to the Setbacks outlined in Table 2.2.
      4.   Driveway length shall be a minimum nineteen (19) feet, or three (3) to five (5) feet. Driveway length shall be measured from the back of sidewalk, or back of curb if no sidewalk exists, or edge of pavement if no curb exists to the garage. Front loaded driveways between nineteen (19) and twenty-two (22) feet length that intersect with a sidewalk shall have a flared apron as shown in Exhibit 2.1. No more than three consecutive Dwelling Units in a row shall have front loaded driveways between three (3) to five (5) feet in length. There shall be no such restriction for rear loaded Dwelling Units.
Exhibit 2.1
 
      5.   Bay windows, nooks, architectural pop-outs and appendages, fireplaces, cabinets designed to screen utility meters and similar architectural features shall encroach no more than two (2) feet into any Setback, provided they remain at least three (3) feet from the side property lines and ten (10) feet from the front property line, and do not increase the living space within the home at the floor line. The maximum width of such structures shall not exceed thirteen (13) feet in total for any facade.
      6.   Roof overhangs, cornices, and similar architectural features shall encroach no more than two (2) feet into any Setback provided they remain at least three (3) feet from the property line. Balconies must maintain the Setback required for the structure to which they are attached and may not extend into the required Setback area except on Lots where such balconies abut a Golf Course, park area, common Open Space, or similar Open Space. In such case balconies may extend into the Setback area toward the Open Space a distance equal to fifty percent (50%) of the required Setback provided they remain at least five (5) feet from the property line. Balconies on multi-family Dwelling Units may also overhang a sidewalk or Common Area up to five (5) feet so long as they are elevated in the vertical air space over and above such sidewalk or Common Area by a minimum of ten (10) feet.
      7.   Interior Fire Escapes are encouraged. Exterior Fire Escapes shall encroach no more than 6 feet into any Setback provided they remain at least three (3) feet from the property line. Exterior Fire Escapes are allowed in the side or rear yards only.
      8.   Accessory Dwelling Units, shall comply with the Setback and height standards for the district they are located in as set forth in Tables 2.2 or as otherwise described in Chapter 4 of this Title.
      9.   Accessory structures shall not be permitted in the addressed front except for garages and Accessory Dwelling Units, which shall comply with the Setback standards of the applicable residential district.
      10.   Attached patio covers, awnings, carports, trellises, and similar structures and architectural elements within residential districts shall encroach no more than two (2) feet into the front Setback and shall encroach no more than fifteen (15) feet into the side and rear Setbacks provided they remain at least five (5) feet from the property line. These Setbacks are measured from the supporting posts; however, overhangs may extend up to three (3) feet from a property line. Such structures must remain open without the use of siding, screens or other enclosures. Enclosed structures must conform to the Setback standards for the principal dwelling.
      11.   Awnings, trellises, and similar structures and architectural elements in non-residential districts may overhang a sidewalk up to six (6) feet so long as they are elevated in the vertical air space over and above such sidewalk by a minimum of eight (8) feet and do not negatively impact a tree canopy.
      12.   Swimming pools shall only be permitted in the side or rear yard areas. Swimming pools shall maintain a minimum Setback of three (3) feet from the water's edge to property lines and easements. Any Setback, if required, from the dwelling or other Buildings on the same Lot shall be determined by the City Building Department.
   B.   Building Heights:
      1.   Building heights shall be measured from the finished floor elevation closest to the finished grade to the top of the roof. The height of the Building may follow the slope of the contour of the Lot (grade adaptive architecture). Top of roof means ridgeline or the highest point of any architectural element concealing roof top equipment, excluding chimneys and vents. Height restrictions are not intended to limit the number of stories. Height restrictions do not apply to chimneys, which are governed by the building code.
      2.   Themed, non-habitable structures or parts of structures, such as Church steeples and clock towers, shall be allowed up to fifty (50) feet in height in the VCOM, NC, and all residential Sub-Use Districts and shall be allowed up to sixty (60) feet in height in the CC, HMU, and MU Sub-Use Districts except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport.
      3.   Refer to Tables 2.2 for maximum building heights.
   C.   Residential Density:
      1.   Residential Density, as shown on Table 2.2, shall be determined on a gross area basis. Gross area includes the entire area being developed together with all Right-of-Way prior to any Right-of-Way dedication.
   D.   Refuse Storage/Disposal:
      1.   Every Parcel with a multi-family or commercial use shall have a trash receptacle on the premises. The trash receptacle shall be of sufficient size to accommodate the trash generated by the use and must be a minimum of fifty (50) feet from any single-family residential property. The receptacle shall be screened from public view on at least three sides by a solid wall or structure that is constructed to be a minimum of one foot (1') above the height of the trash and/or recycling receptacle within the collection area measured from the finished surface and on the fourth side by a solid gate not less than the height of the trash and/or recycling receptacle. Trash enclosures and containers shall comply with the design standards set forth in Chapter 3 of this Title. Trash receptacles for single-family homes must be stored within the enclosed garage or screened from the Right-of-Way behind a fence. Notwithstanding anything herein, the following shall be exempt from the Setbacks of this subsection: all uses within the VC district, Live/Work uses, and any Dwelling Units that are stacked above non-residential uses. However, the trash receptacle must be located in the rear of the property and not encroach into any site triangle.
   E.   Hillside Development and Grade-Adaptive Housing:
      1.   Guidelines for hillside development and grade-adaptive housing are contained in the Avimor Grading Guidelines and Hillside Development Standards.
   F.   Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
      1.   Nonresidential Buildings or uses shall not be located or constructed closer than twenty feet (20') to any Lot line of a residential Sub-Use District, unless specifically called out in Chapter 4 of this Title; except that the minimum yard requirements may be reduced to no less than ten feet (10') of the requirement if acceptable to the City Design Review Board.
Table 2.2 Sub-Use District Dimensional Standards
SUB-USE DISTRICT
MAXIMUM DENSITY
MINIMUM LOT AREA
MAXIMUM LOT COVERAGE
MINIMUM SETBACKS
MAXIMUM HEIGHT
SUB-USE DISTRICT
MAXIMUM DENSITY
MINIMUM LOT AREA
MAXIMUM LOT COVERAGE
MINIMUM SETBACKS
MAXIMUM HEIGHT
FOOTHILLS RESIDENTIAL
(RR) Rural Residential
See Note 1
1 Unit per 2 gross acres
1.0 Acre
35%
Front Garage: 30'
Side Garage: 2 0'
Living: 25'
Interior Side: 10'
Street Side: 20'
Rear: 20'
40'
(ER) Estate Residential
See Note 1
5 Units per gross acre
8,500 sq. ft.
40%
Front Garage: 20'
Side Garage 15'
Living: 15'
Interior Side: 5'
Street Side: 15'
Rear: 20'
40'
VILLAGE RESIDENTIAL
(SF1) Single-Family Detached
See Note 1
6 Units per gross acre
6,500 s.f.
50%
Front Garage: 20'
Side Garage: 10'
Living: 10'
Interior Side: 5'
Street Side: 10'
Rear: 20'
Alley Garage: 5'
35'
(SF2) Single-Family Detached
See Note 1
9 Units per gross acre
4,500 s.f.
60%
Front Garage: 18'
Side Garage: 10'
Living: 10'
Interior Side: 5'
Street Side: 10'
Rear: 10'
Alley Garage: 5'
35'
(SF3) Single-Family Detached
10 Units per gross acre
3,000 s.f.
70%
Front Garage: 18'
Side Garage: 8'
Living: 8'
Interior Side: 3'
Street Side: 10'
Rear 10'
Alley Garage: 5'
35'
(MF1) Low Density Multi-Family
See notes 4, 5 & 6
12 Units per gross acre
15% % of the site
85% of the site
Front: 10'
Interior Side: 5'
Street Side: 10'
Rear: 0'
30'
VILLAGE CENTER
(SFZL) Single-Family Zero Lot Line
See Notes 2 & 3
10 Units per gross acre
3,000 s.f.
90%
Front: See note 2
Interior Side: 0'/5'
Street Side: 0'
Rear: 0'
Alley Garage: 3'-5'
35'
(SFSL) Single Family Special Lot
12 Units per gross acre
3,000 s.f.
90%
See Note 3
38'
(SFA) Single-Family Attached
See Notes 2 & 3
18 Units per gross acre
N/A
90%
Front: See note 2
Interior Side: 0'/5'
Street Side: 15'
Rear: 15'
Alley Garage: 3'-5'
38'
(MF3) High Density Multi-Family
See notes 4, 5 & 6
20 Units per gross acre
0% of the site
100% of the site
Front: 0'
Interior Side: 10'
Street Side: 0'
Rear:0'
48'
(VCOM) Village Commercial
See Note 7
18 Units per gross acre
4.0
N/A
Front: 0'
Interior Side 0'
Street Side: 0'
Rear: 0'
48'
VILLAGE ONE*
SUB-USE DISTRICT
MAXIMUM DENSITY1
MINIMUM LOT AREA
MAXIMUM LOT COVERA GE
MINIMUM SETBACKS
MAXIMUM HEIGHT
(RE) Reserve
2 Unit per gross acre
9,000 sq. ft
45%
Front Garage: 20'
Side Garage: 15'
Living: 15'
Interior Side: 5'
Street Side: 15'
Rear: 20'
35'
(CO) Cottage
8 Units per gross acres
1,500 sq. ft
80%
Front Garage: 20'
Side Garage: 10'
Living: 10'
Interior Side:5'1
Street Side: 10'
Rear: 5'
35'
(P1MU) Phase One Mixed - Use
8 Units per gross acre
N/A
N/A
Front Garage: 0'
Side Garage: 0'
Living: 0'
Interior Side: 0'
Street Side: 0'
Rear: 0'
40'
(CS) Community Services
N/A
1,500 sq. ft
N/A
Front: 10'
Interior Side: 10'
Street Side: 10'
Rear: 10'
40'
* Notwithstanding anything to the contrary herein, existing and future development and redevelopment within the Village One District is subject to the standards set forth in Chapter 3A of this Title.
1. Interior side should be a cumulative fifteen (15') Setback.
 
 
MIXED USE/COMMERCIAL
SUB-USE DISTRICT
See note 1
MAXIMUM DENSITY
MINIMUM LOT AREA
MAXIMUM LOT COVERAGE
MINIMUM SETBACKS
MAXIMUM HEIGHT
(HMU) Highway Mixed Use
16 Units per gross acre
10% of the site
100% of the site
Front: 15'
Interior Side: 5'
Street Side: 10'
Rear: 10'
58'
(MU) Mixed Use
16 Units per gross acre
10% of the site
100% of site
Front: 15'
Interior Side: 5'
Street Side: 10'
Rear:10'
58'
(MF2) Medium Density Multi-Family
16 Units per gross acre
10% of the site
N/A
Front: 10'
Interior Side: 5'
Street Side: 10'
Rear:0'
45'
(CC) Community Commercial
See Note 7
16 Units per gross acre
.5
N/A
Front: 20'
Interior Side: 0'
Street Side: 0'
Rear: 0'
58'
(NC) Neighborhood Commercial
See Note 7
16 Units per gross acre
.5
N/A
Front: 15'
Interior Side: 0'
Street Side: 10'
Rear: 5'
48'
 
   Notes:
      1.   In the RR, ER and SF1 Sub-Use Districts, the rear Setback may be reduced to fifteen (15) feet if the rear property line is adjacent to Open Space that is a minimum of fifty (50) feet wide. In the SF2 Sub-Use District, the rear Setback may be reduced to ten (10) feet if the same condition exists.
      2.   In the SFZL and SFA Sub-Use Districts, the front Setback, exclusive of the garage, may be eight (8) feet. The front Setback to a side entry garage may also be eight (8) feet. The Setback to a front entry garage shall be either nineteen (19) feet or more or three (3) to five (5) feet. Setbacks between five (5) feet and nineteen (19) feet are not allowed without a variance.
      3.   In the SFZL and SFA Sub-Use Districts the 0' side Setback is for the party wall and 5' side Setback is for the non-party wall side of the dwelling.
      4.   In all multi-family Sub-Use Districts, driveway length may be either nineteen (19) feet or more or three (3) to five (5) feet. Setbacks between five (5) feet and nineteen (19) feet are not allowed.
      5.   Open Space that was platted with the initial plat in which the Super Pad is located shall be sufficient for the Open Space requirements for the Super Pad resubdivision.
      6.   Open Space requirements are waived if Lot Coverage is 80% or more of the Lot or if the Lot abuts Natural Open Space.
      7.   The minimum on-site landscape requirement for any non-residential Parcel is ten percent (10%) of the Lot Area. The intent of this requirement may be satisfied by interior plazas of Building, roof top gardens and Parking Lot landscaping consistent with Chapter 3 of this Title. This requirement is waived if the Lot Coverage is eighty percent (80%) or above.
(Ord. 895, 4-25-2023)