Section
Article 1: General
6.100 Height
6.101 Yards
Article 2: Off-Street Parking and Loading
6.200 General requirements
6.201 Off-street parking requirements
6.202 Parking lot design standards
6.203 Off-street loading facilities
6.204 Bicycle parking
Article 3: Landscaping, Buffers and Urban Forestry
6.300 Bufferyard and supplemental building setback
6.301 Landscaping
6.302 Urban forestry
Article 4: Signs
6.400 Scope
6.401 Enforcement
6.402 Scenic preservation areas and corridors
6.403 Signs not requiring a permit
6.404 Temporary on-premise signs requiring a permit
6.405 Prohibited signs
6.406 Measurement of signs
6.407 Relation to zoning districts
6.408 Regulations governing on-premise attached signs in commercial and industrial districts
6.409 Regulations governing on-premise detached signs in commercial and industrial districts
6.410 Unified sign agreements for on-premises signs
6.411 Electronic changeable copy signs
6.412 Sales office and model home signs
6.413 Nonconforming signs
6.414 Kiosk signs
6.415 Noncommercial copy
Article 5: Residential Design Standards
6.500 Access through residential districts
6.501 Lot area where not served by sanitary sewer
6.502 Two detached dwelling units on one lot
6.503 Reserved
6.504 Reserved
6.505 Reserved
6.506 Reserved
6.507 One-family dwelling unit design standards
6.508 Entry features
The height, area and setback requirements in the various districts in Chapter 4 shall be subject to the following exceptions and regulations.
(a) Except for multifamily developments subject to the unified residential development provisions of § 6.506, the height of a building in the “A” through “F” districts may be increased when the front, side
and rear yard dimensions are each increased above the minimum requirements by one foot for each foot such building exceeds the height limit of the district in which it is located.
(b) Except for multifamily dwellings developed in accordance with the unified residential development provisions of § 6.506, the height of a building shall be the vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.
Building Height
(c) Height in multifamily residential developments constructed in accordance with the provisions of § 6.506, unified residential development, shall be measured from the top of the finished slab to top of the highest wall top plate.
Building Height (Unified Residential Development)
(d) Except for multifamily dwellings developed in accordance with the unified residential development provisions of § 6.506, on through lots 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than 150 feet in depth the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street.
(e) Elevator penthouses or bulkheads; mechanical equipment rooms; cooling towers; tanks; enclosed stairwells; and ornamental cupolas and domes; signs and spires may be erected on buildings to any height not prohibited by any other law, code or regulation.
(f) Nothing in this ordinance shall interfere with limitation on height of structures included in the airport zoning regulations in §§ 3-260 et seq. of the city code.
(Ord. 13896, passed 10-12-1999; Ord. 16330, § 12, passed 3-8-2005)
(a) Yards to remain unobstructed. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except that:
(1) Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than six inches into a required yard;
(2) Eaves may project not more than 36 inches into a required yard;
(3) A terrace garage in any residential district may be located in a front or side yard, provided that it is completely recessed into the terrace, and that the height of the terrace is sufficient to cover and conceal the structure from above, and further provided that the doors when open, shall not project beyond the property line, and that the structure shall be set back at least five feet from any property line; and
(4) The front yard setback shall be measured from the front property line to the main wall of the structure. An open porch or patio that has a vertical roof support may not be set closer than 15 feet from the front property line on a local street and ten feet on a limited local street.
(b) Multifamily/nonresidential districts adjacent to residential districts.
(1) For corner lots in multifamily and nonresidential districts that abut the front yard of a lot with residential zoning, the exterior minimum side yard requirements shall be the same as the front yard requirements of the adjacent residential lot.
(2) Structures are not permitted to be located in this yard area, nor can such area be used for signage, garbage collection, loading and/or parking of vehicles, any type of storage, or any nonresidential activity.
(3) This required yard area shall not be graveled or hard-surfaced, but shall be maintained as open green space, save and except for necessary driveways.
(c) Multifamily/nonresidential districts across the street from residential districts.
(1) Zero lot line/cluster (“R1”) and townhouse/cluster (“R2”) districts. For zero lot line/cluster (“R1”) and townhouse/cluster (“R2”) districts that fronts a public or private street classified as a residential or collector street and that are across the street from a one-family residential or a multifamily district, the front, side and rear setback requirements shall be the same as the setback requirements for the residential or multifamily district.
(2) Nonresidential districts. Property located in “FR” through “K” districts that fronts a public or private street classified as a residential or collector street and that is across the street from a one-family residential or a multifamily district, the front, side and rear setback requirements shall be the same as the setback requirements for the residential or multifamily district.
(3) Setback requirement. The setback requirement shall apply to the entire front, side or rear yard and shall not be limited to the portion of the property that is directly across the street from a residential district. The setback requirement shall extend through the entire block face.
(d) Front yard setbacks.
(1) The front yard setback in residential districts shall be the greatest of:
a. The platted building line;
b. The setback for the applicable zoning district; or
c. The setback of the nearest building on either side that is the closest to the street, up to a maximum setback of 50 feet, provided that said setback is not the result of a variance granted by the board of adjustment. This requirement is applicable only if homes have been constructed on at least 40% of the lots within the blockface. This requirement does not apply to properties within a cul-de-sac.
(2) Where 60% of the existing block face has been built such that the setbacks of existing structures are less than the minimum required setback, an infill structure may be constructed consistent with the setback of the nearest building on either side that is closest to the street, regardless of whether said setback is the result of a variance granted by the board of adjustment.
(e) Through lots. If the rear frontage of a through lot is on an arterial or wider street, the rear yard setback standards for the applicable district apply. If the rear frontage of a through lot is located on a local or collector street, the front yard setback standards of the applicable district shall apply.
(f) Projected front yard setbacks.
(1) Corner lot.
a. Where a corner lot abuts on the side of a lot facing the other intersecting street, there shall be a side yard on the corner lot equal to the front yard required on the lot adjacent to the rear of the corner lot or separated only by an alley.
b. Where a corner lot abuts the rear of a lot with a greater side yard setback, there shall be a side yard on the corner lot equal to the side yard required on the lot that abuts to the rear of the corner lot or separated only by an alley.
Picture 6.3 Projected Front Yard Setback, Corner Lot
(2) Interior lot. Where an interior lot abuts another zoning district, there shall be a projected front yard equal to the most restrictive front yard required on any lot in the same block face.
Picture 6.4 Projected Front Yard Setback, Interior Lot
(g) Rear yard exception adjacent to railway. No rear yard shall be required in the “ER” to “K” districts inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
(h) Yards and official line for future rights-of-way. Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the width of a yard shall be measured from such official line to the nearest line of the building. No commercial or industrial building shall be located closer than 30 feet to the centerline of the street.
(i) Historic overlay district setbacks. Where the historic district has been built such that the setbacks of existing structures are less than the minimum required setback, an infill structure may be constructed consistent with the setbacks established in the historic district, regardless of whether said setback is the result of a variance granted by the board of adjustment.
(j) Administrative authority. The development director or designee may administratively approve a greater maximum setback to accommodate mature trees and utility conflicts in the Urban Residential (“UR”) zoning district, Low Intensity Mixed-Use (“MU-1”), High Intensity Mixed Use (MU-2) zoning district and the form-based districts in Appendix A, Chapter 4, Article 13.
(Ord. 13896, passed 10-12-1999; Ord. 15816, § 3, passed 1-6-2004; Ord. 15826, §§ 2, 3, passed 1-13-2004; Ord. 15926, § 1, passed 3-23-2004; Ord. 16393, § 1, passed 4-19-2005; Ord. 16651-10-2005, § 1, passed 10-11-2005; Ord. 16924, § 5, passed 5-2-2006; Ord. 18902-11-2009, §§ 1, 2, passed 11-3-2009; Ord. 20984-10-2013, § 1, passed 10-7-2013; eff. 11-5-2013; Ord. 26599-11-2023, § 1, passed 11-14-2023, eff. 1-9-2024)
(a) Generally. The regulations in this article shall apply to required parking spaces and non-required parking spaces with the exception of public parks. Nothing in this article shall require additional parking spaces to be furnished for an existing building that is repaired, altered, maintained or modernized, where no structural alterations have been made and the size of the building is not increased.
(b) Enlargement or change in use.
(1) For existing buildings that are enlarged, additional parking spaces shall be required for the enlarged portion only.
(2) Parking spaces furnished for a building constructed prior to March 1, 1953, that are in excess of the requirements for the building under the provisions of Ord. 3041, may be counted toward the additional spaces required for a change in use, expansion of an existing use or a new building on the premises.
(3) When the occupancy of any building is changed to another use, parking shall be provided to meet the requirements of this article for the new use.
(4) Nothing in this article shall require the furnishing of additional parking spaces for existing buildings which are not enlarged or changed to a new use.
(c) Plan required. Where off-street parking is required, except for one-, two-, three- or four-family dwellings, a plan approved by the city traffic engineer, showing the location and arrangement of spaces, shall be furnished to the planning and development department, accompanied by sufficient proof of ownership, lease or other arrangement as will show that the spaces contemplated will be permanent. Any future changes in parking arrangements must be approved by the planning and development department.
(d) District “H” exempt from parking requirements. No off-street parking shall be required for development in the “H” district.
(Ord. 13896, passed 10-12-1999; Ord. 17522, §§ 5, 6, passed 4-24-2007; Ord. 18208-07-2008A, § 1, passed 7-29-2008)
(a) Calculation of parking.
(1) Where permanent seating is not provided in any public assembly area, the occupant load shall be computed in accordance with the
appropriate section of the building code in effect at time of occupancy, except as otherwise specifically provided in this ordinance.
(2) All parking requirements applying to a stated unit of measurement shall be understood to include a parking space for each unit or fraction thereof.
(b) Required off-street parking.
(1) Minimum parking requirements. The following table establishes the minimum parking requirements for uses located in residential zoned property or within 250 feet of one- or two-family zoned property. This regulation shall not include properties adjacent to one- or two-family districts that are used as utilities, waterways, railroad right-of-way or other nonresidential public use. When a property
zoned and used for one- or two-family residential purposes is located within 250 feet but is separated by one of the above uses, parking is not required only if access is not possible to the residential area. For all other uses, no minimum parking spaces shall be required.
(2) Maximum parking requirements. The maximum number of parking spaces shall not exceed 125% of the minimum parking requirement for all uses listed in the table set out below. Parking in excess of the maximum shall be allowed by meeting the requirement of one tree above the minimum required under Chapter 6, Article 3, for every additional ten parking spaces beginning with the first additional parking space and for each ten spaces thereafter.
Use | Requirement |
Use | Requirement |
Residential | |
Residential unit: one-family up to four family | 1 to 4 spaces per dwelling unit (see individual districts for details) |
Multifamily residential (unified residential development) | 1 space per bedroom plus 1 space per 250 square feet of common areas, offices and recreation (less laundry rooms and storage); 2 spaces may be tandem if assigned to the same unit and restricted from use for storage |
Public and Civic | |
College or university | 1 space per 2 teachers and administrative staff plus 1 space per 4 additional employees plus 1 space per 3 students residing on campus plus 1 space per 5 students not residing on campus |
Day care, kindergarten | 1 space per facility plus 1 space per 10 children (as licensed by the state) in back of front building line |
Fraternity, sorority | 1 space per 2 residents |
Hospital | 1 space per bed for patients/visitors/doctors plus 1 space per 4 nurses/other employees |
Medical clinic, health services facility, assisted living facility | 1 space per doctor plus 1 space per 4 employees plus 4 spaces per 1,000 square feet of gross floor area |
Nursing home or medical care facility | 1 space per 4 beds for visitors/doctors plus 1 space per 4 nurses/other employees |
Place of worship | 1 space per 4 seats in sanctuary or worship area in residential districts 1 space per 5 seats in sanctuary or worship area in nonresidential and mixed-use districts |
School, elementary and junior high (public or private) | 2.5 spaces per classroom |
School, high school (public or private) | 1 space per 2 students plus 1 space per 5 stadium seats (may be double counted) |
Commercial | |
Banks | 4 spaces per 1,000 square feet |
Bed and breakfast home | 2 spaces per owner/operator 1 space per bedroom for guests |
Bed and breakfast inn | 2 spaces per owner/operator plus 1 space per bedroom for guests plus 1 space per 2 employees plus 1 space to service additional traffic |
Boarding or lodging house | 1 space for proprietor plus 1 space per 2 boarding/lodging sleeping rooms plus 1 space per each 4 employees |
Bowling alley | 4 spaces per lane/alley plus 1 space per 4 seats of restaurant or café plus 1 space per 4 employees |
Commercial business, retail sales and service (except large retail see § 5.134(a)(10)) | 4 spaces per 1,000 square feet (25% reduction for conversion from a more restricted use) |
Construction sales office | 2 spaces per unit behind front property line |
Farmers’ markets | 2 spaces per table/booth |
Hotel | 1 space per bedroom unit plus 1 space per 4 patron seats in rooms open to public plus 5 spaces per 1,000 square feet of display/ballroom area |
Mobile vendor food court | 2 spaces minimum per vendor/truck |
4 spaces maximum per vendor/truck | |
Model home | 2 spaces per unit behind front property line |
Office, professional building | 2.5 spaces per 1,000 square feet of gross floor area |
Outdoor amusement (for more than 3 days) | 1 space per 5 participants/spectators based on maximum capacity |
Private club, cocktail lounge | 1 space per guest room or suite plus 1 space per 4 seats plus 5 spaces per 1,000 square feet of ballroom available to nonresidents plus 1 space per 4 employees |
Restaurant, cafeteria | 1 space per 100 square feet (25% reduction for conversion from a more restricted use) |
Retail store, large | See § 5.134(a)(10) |
Theater, auditorium, place of public assembly | 1 space per 4 seats in main auditorium plus 5 spaces per 1,000 square feet of ballroom/similar area plus 1 space per 4 employees |
Walkup business | 4 spaces per 1,000 square feet |
Industrial | |
Industrial building | 2 spaces per 1,000 square feet gross floor area or 1 space per 3 employees, whichever is greater |
Warehouse building | 1 space per 4 employees 4 spaces minimum |
(3) Exception. Properties designated as historic and cultural landmark or highly significant endangered or listed on the National Register of Historic Places are not subject to the required off- street parking requirements set forth in this section.
(Ord. 13896, passed 10-12-1999; Ord. 14331, § 7, passed 9-5-2000; Ord. 15911, § 2, passed 3-11-2004; Ord. 16086, § 1, passed 8-17-2004; Ord. 17024, § 1, passed 6-20-2006; Ord. 18129, § 1, passed 6-3-2008; Ord. 20453-10-2012, § 1, passed 10-9-2012; Ord. 20510-12-2012, § 2, passed 12-4-2012, eff. 12-11-2012; Ord. 20666-03-2013, § 2, passed 3-19-2013, eff. 4-9-2013; Ord. 22255-06-2016, § 1, passed 6-7-2016; Ord. 23930-11-2019, § 1, passed 11-12-2019)
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