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(a) Meaning and Intent. All provisions, terms, phrases, and expressions contained in this Land Development Code shall be construed according to this Code's stated purpose and intent.
(b) Text. In case of any difference of meaning or implication between the text of this Code and any heading, drawing, table, or figure, the text shall control.
(c) Computation of Time. Periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays, and other non-business days; however, if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.
(d) Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.
(e) Technical and Non-Technical Words. Words and phrases not otherwise defined in this Code shall be construed according to the common and approved usage of the language, but technical words and phrases not otherwise defined in this Code that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(f) Mandatory and Discretionary Terms. The word "shall" is always mandatory, and the words "may" or "should" are always permissive.
(g) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) "And" indicates that all connected items, conditions, provisions, or events shall apply; and
(2) "Or" indicates that one or more of the connected items, conditions, provisions, or events shall apply.
(h) Tense and Usage. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.
(i) Gender. The masculine shall include the feminine.
(j) Interpretation of Zone District Boundaries. Where uncertainty exists as to the boundaries of zone districts as shown on the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as appearing to follow the center lines of streets or highways shall be construed as following such center lines;
(2) Boundaries indicated as appearing to follow platted lot lines shall be construed as following such platted lot lines;
(3) Boundaries indicated as appearing to follow City limits shall be construed as following City limits;
(4) Boundaries indicated as following railroad lines shall be construed as midway between the main tracks;
(5) Boundaries indicated as approximately following the center lines of streams or other bodies of water shall be construed as moving with the actual body of water and following the centerline; and
(6) When there is disagreement over the location of zone district boundaries, a decision on the correct location shall be rendered by the City Manager with an appeal from this decision made to the Board of Zoning and Building Appeals. In making his decision, the City Manager shall consider the rules set forth in this division, the Comprehensive Plan policies and map of the area in dispute, adjacent and surrounding land uses, and if deemed necessary, an inspection of the area in dispute.
(Ord. 18-93. Passed 10-15-19.)
(a) Lot Area Measurement. Lot area refers to the amount of horizontal land area within lot lines. Public rights-of-way shall not be included in calculating lot area. No site plan, subdivision approval, zoning certificate, or other development approval shall be issued for a lot that does not meet the minimum lot area requirements of this Code, except as otherwise allowed in this Code.
Figure 1
(b) Lot Width Measurement. Lot width refers to the horizontal distance between the side lot lines as measured a straight line parallel to the front lot line (the lot line abutting the street on which the property has its principal access) or the chord thereof. The minimum lot width shall be measured between the side lot lines along a line that is parallel to the front lot line and located the minimum front setback distance from the front lot line. (See Figure 1)
Figure 2
(c) Setbacks–Building and Structure Setbacks from Lot Line. Setbacks shall be measured as the distance between the nearest lot line and the furthermost projection of a building or structure along a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in this section. (See Figure 2)
(1) Features allowed within setbacks.
A. Driveways, patios, raised garden beds up to twenty-four inches in height located only in side or rear yards, parking lots, and sidewalks provided that the edge of such structures or beds shall be set back at least three feet from an adjacent property line;
B. Steps to the principal entrance to enter the structure, together with railings no more than three feet in height, and associated roofs, provided they do not extend more than six feet into the required yard setback;
C. Trees, vegetation, or other features of natural growth;
D. Fences or walls subject to height restrictions set forth in this Code;
E. Chimneys not more than eight feet in width, bay windows, balconies on second and third floor levels, buttresses, piers, pilasters, outdoor access ways to basement areas protected by railings at least two feet six inches high on two sides, and roof overhangs may project no more than three feet into a required yard;
F. Cornices, canopies, eaves, or other similar architectural features may extend no more than two feet, six inches into a required yard;
G. Fire escapes and handicap ramps, together with associated roof provided they project no more than thirty percent of the required yard setback dimensions;
H. Utility lines, wires, and associated structures such as power poles; and
I. Signs if permitted by the sign regulations of this Code.
(2) Front setbacks on corner lots. For corner lots, one side of the lot with street frontage shall be designated the front and required to establish the applicable front yard setbacks.
(3) Yards abutting alleys.
A. In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, subject to the limits in division (c)(3)B. of this section. (See Figure 3)
Figure 3
B. No building where a side or rear yard is required shall be closer than three feet to a side alley lot line or ten feet to a rear alley lot line, except that an accessory residential garage structure may be no closer than three feet to a rear alley lot line.
(d) Setbacks–Development Setbacks from Stream Corridors or Wetlands.
(1) Stream corridors. Setbacks from stream corridors shall be measured from the ordinary high water mark, as "ordinary high water mark" is defined in Chapter 1213
.
(2) Wetlands. Setbacks from wetlands shall be measured from the delineated wetland edge. See Section 1207.03
, Wetlands/Stream Corridor Protection re. delineation of wetlands.
(e) Height.
(1) Measure ment of maximum building height in feet. Height shall be measured as the vertical distance in feet between finished grade (including finished grade of a basement with direct, at-grade walk-out access) to the top of the highest roof beam on a flat or shed roof, the deck level on a mansard roof, or the average distance between the eaves and the apex of a gable, hip, or gambrel roof. (See Figure 4)
Figure 4
(2) Measurement of maximum fence height in feet. Height shall be measured as the vertical distance between the natural grade of land and the highest point of the fence, excluding incidental decorative items.
(3) Exemptions from height standards. The following structures and features shall be exempt from the height requirements of this Code, but in no case shall such structures or features be greater than any height specified below or 100 feet, whichever is less, unless a variance is granted.
A. Chimneys, smokestacks, or flues that cover no more than five percent of the horizontal surface area of the roof and extend no more than four feet above the maximum structure height permitted in the zone district;
B. Cooling towers and ventilators that cover no more than five percent of the horizontal surface area of the roof and extend no more than four feet above the maximum structure height permitted in the zone district;
C. Elevator bulkheads and stairway enclosures;
D. Water towers and fire towers that extend no more than four feet above the maximum structure height permitted in the zone district;
E. Utility poles and support structures;
F. Belfries, spires, steeples, cupolas, and domes provided they are not used for dwelling purposes; and
G. Barns, silos, or other farm structures or buildings on farms used for agricultural purposes.
(1) Gross density shall mean the measure of dwelling units permitted per gross acre of land area contained in the development.
(2) Net density shall mean the measure of dwelling units permitted per acre of land area contained in the development, excluding streets, easements, public open space, land under water, and certified wetlands and floodplains. Wetland and other sensitive area setbacks and private open space shall not be excluded in calculating net density. Unless otherwise indicated in this Code, any specified residential density shall be net density.
(g) Exterior Lighting–Measurement of Lighting Levels.
(1) Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus five percent. The meter shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of its use.
(2) Method of measurement. The meter sensor shall be mounted not more than six inches above the ground level in a horizontal position. Readings shall be taken by qualified personnel only after the cell has been exposed long enough to provide a constant reading. Measurement shall be made after dark with the light sources in question turned on and again with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination set forth in this Code. This procedure eliminates the effects of moonlight and other ambient light.
(h) Spacing Requirements. Unless otherwise specified, the required minimum space between a proposed use and an existing use or lot shall be measured from the edge of the principal structure housing the proposed use to the closest edge of the principal structure housing the existing use or to the closest lot line.
(Ord. 16-148 , § 1. Passed 2-21-17; Ord. 18-93. Passed 10-15-19; Ord. 21-84. Passed 11-9-21.)
(a) Conflicts with Other Regulations. When the provisions of this Land Development Code are inconsistent with one another or when the provisions of this Code conflict with provisions found in other adopted ordinances or regulations, the more restrictive provision shall govern. Provisions should be interpreted to require compatibility of land subdivision and development to neighboring residential development.
(b) Relationship with Other Ordinances Regulating Residential Development. The provisions of this Land Development Code require a certificate of zoning compliance ("zoning certificate") for construction of a residential dwelling unit on a legal lot prior to issuance of a building permit by Summit County. In addition to compliance with the use and development standards set forth in Chapters 1205
, 1206
, and 1207
, there are two conditions precedent for issuance of a zoning certificate for residential development in the City:
(1) If applicable, an allocation granted pursuant to the provisions and procedures established in Chapter 1211, the Growth Management Residential Development Rate Allocation System; and
(c) Relationship with Other Ordinances and Regulations. It shall be the applicant's responsibility to determine and comply with all applicable city, county, state, or federal ordinances or regulations governing land development activities.
(Ord. 18-93. Passed 10-15-19.)
This section addresses the applicability of new substantive standards enacted by this Code to activities, actions, and other matters that are pending or occurring as of the effective date of this Code.
(a) Violations Continue. Any violation of the previous zoning, subdivision, or sign regulations of the City shall continue to be a violation under this Land Development Code and shall be subject to the penalties and enforcement set forth in Chapter 1212
, unless the use, development, construction, or other activity is clearly consistent with the express terms of this Code.
(b) Nonconformities Under Previous Ordinance. Any nonconformity under the previous zoning or sign regulations of the City shall be considered a legal nonconformity under this Code, so long as the situation that resulted in the nonconforming status under the previous regulations continues to exist. If, however, a nonconformity under a previous ordinance becomes conforming as a result of the adoption of this Code, or any subsequent amendments thereto, then such situation shall no longer be considered a nonconformity. (See Section 1206.05
, Nonconforming Uses/Structures/Lots.)
(c) Completion of Development Plans Commenced or Approved Under Previous Ordinances.
(1) Buildings or developments with previously issued zoning certificates. Any building or development for which a zoning certificate was granted or allotted prior to the effective date of this Code shall be permitted to proceed to construction even if such building or development does not conform to the provisions of this Code. If construction is not commenced or completed in accordance with the applicable permit terms, the City Manager may, for good cause shown, grant not more than one extension of up to six months. If the building or development is not substantially completed within the time allowed under the original permit or any extension granted, then the building shall be constructed, completed, or occupied only in compliance with the requirements of this Code or any amendment hereto.
(2) For purposes of this division, "substantially completed" means where, in the judgment of the City Manager:
A. At least ninety percent (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition of final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied, or operated for its intended use; or
B. At least fifty percent of all phases have been 100 percent built-out with respect to lots.
(Ord. 18-93. Passed 10-15-19.)
If a court of competent jurisdiction declares that any section, subsection, or provision of this Land Development Code is invalid, that ruling shall not affect the validity of any other part of this Code or of the Code as a whole, which shall remain in full force and effect.
(Ord. 18-93. Passed 10-15-19.)