§ 151.131  MEASUREMENTS AND EXCEPTIONS.
   (A)   Lot size.  Lot size refers to the amount of horizontal land area contained within lot lines of a lot, excluding streets, easements for street purposes, and street rights-of-way.
   (B)   Lot width.  Lot width refers to the horizontal distance between side lot lines. Lot width shall be measured between side lot lines at the minimum required front setback line (see Figure 151.131(B)). When a lot has more than one street lot line, lot width shall be measured along the street lot line with the narrower width. In R-1 and more restrictive zoning districts, the minimum average width of lots at the terminus of a cul-de-sac and on curvilinear streets shall comply with the minimum width requirements of the underlying zoning district, provided that the width measured at the building setback line shall be at least 50% of the specified lot width but not less than 45 feet.
Figure 151.131(B): Measuring Lot Width
      (1)   Panhandle lot exception.  Panhandle lots may be allowed in subdivisions established pursuant to the standards of this chapter.
         (a)   Permitted use of panhandle lots.
            1.   A panhandle lot exception may be used to facilitate creation of a two-lot subdivision out of a parcel that has sufficient area but insufficient width to be subdivided.
            2.   A panhandle lot may be used to eliminate access to collector or arterial roads (see Figure 151.131(B)(1)(a)2.).
Figure 151.131(B)(1)(a)2.: Panhandle Lot Used to Avoid Access to Collector or Arterial Road
            3.   A panhandle lot may be used when the buildable area of a parcel is restricted due to the presence of a natural resource or irregular property shape (see Figure 151.131(B)(1)(a)3.).
Figure 151.131(B)(1)(a)3.: Panhandle Lot Used Due to Presence of Natural Resource
         (b)   Prohibited use of panhandle lots.
            1.   Panhandle lots shall not be used to avoid the development of publicly dedicated streets otherwise required by this chapter when the effect of their use would be to increase the number of access points (driveways) on a publicly dedicated road right-of-way (see Figure 151.131(B)(1)(b)1.).
Figure 151.131(B)(1)(b)1.: Panhandle Lots May Not Be Used to Avoid Public Street Creation
    If Their Effect Would Be to Place Additional Driveways on Public Roads
            2.   A panhandle lot shall not be used when an adjoining parcel of land also has sufficient area but insufficient width to otherwise be subdivided. In these cases, in lieu of platting a panhandle lot, a half-width road right-of-way shall be platted along the common property line to facilitate the platting of a full-width road right-of-way if and when the adjoining property is subdivided (see Figure 151.131(B)(1)(b)2.).
Figure 151.131(B)(1)(b)2.:  Half-width Right-of-way in Lieu of Panhandle Lot
         (c)   Standards for panhandle lots.
            1.   The panhandle of a panhandle lot shall take direct access to a publicly dedicated street right-of-way.
            2.   The panhandle of a panhandle lot shall not be less than 15 feet in width at its narrowest point.
            3.   The minimum street setback on a panhandle lot shall be established at a distance equal to the required street setback from the property line that is most parallel to the street lot line (road right-of-way line). The lot width at this minimum required setback shall not be less than as otherwise required by this chapter.
            4.   The area within the panhandle of a panhandle lot shall not be counted as lot area for the purpose of meeting the minimum lot area requirements of this chapter.
            5.   If required by the highway authority having jurisdiction over the road on which the panhandle lot will take access, the panhandle of the lot, or portion thereof, shall contain an access easement to allow the adjoining lot to share access to the road. In no case shall the panhandle of a panhandle lot serve as any access easement for more than two dwelling units.
      (2)   Parking court exception.  Parking courts shall be allowed in subdivisions established pursuant to the standards of this chapter. Parking courts are easements that serve as parking areas and access driveways for conservation residential structure types. Through the use of parking courts, structures obtain their required lot width from a parking court rather than a publicly dedicated street right-of-way. Parking courts shall be owned and maintained by the adjoining unit or property owners’ association and are distinct in form and function from publicly dedicated road rights-of-way. Parking courts shall comply with the following standards (see Figure 151.131(B)(2)).
Figure 151.131(B)(2): Parking Court
         (a)   No fewer than three and no more than 16 dwelling units may obtain their required lot width from a single parking court.
         (b)   Dwelling units and structures gaining access from parking courts shall provide the same lot width along a parking court and the same street yards from the parking court as otherwise required along and from a publicly dedicated road right-of-way by this chapter.
         (c)   Parking courts may be used to satisfy part or all of the off-street parking requirements of § 151.165. Regardless of the number of off-street parking spaces required by § 151.165(B), at least one off-street parking space per dwelling unit shall be provided in the parking court.
         (d)   Parking courts shall be located outside of public right-of-way.
         (e)   The design of parking courts shall conform to the following engineering and geometric standards.
            1.   Access to a parking court from the adjoining publicly dedicated road right-of-way shall be limited to one entry drive unless otherwise approved by the appropriate highway authority. The entry drive shall be a minimum of 18 feet in width. One-way drives may be reduced to 14 feet in width.
            2.   A depressed curb section shall be provided at the intersection of the entry drive pavement and the publicly dedicated road right-of-way pavement.
            3.   The minimum size of a parking space within the court shall be nine feet by 18 feet.
            4.   The required landscaping adjacent to the publicly dedicated road right-of-way shall be broken only by the entry drive. No parking shall be permitted within the required landscaping.
            5.   Parking courts shall contain no more than 75% impervious coverage.
            6.   Parking courts shall be paved in conformance with the following standards:
 
1.5-inch bituminous surface course
Class I
1.5-inch bituminous binder course
Class I
8-inch aggregate base course
Class A or B
 
            7.   Adequate pavement drainage and snow storage areas shall be provide within parking courts.
         (f)   Street landscaping shall not be required between a parking court and the adjoining dwelling units or structures. However, parking courts shall be landscaped with two canopy trees, three understory trees and nine shrubs for every three dwelling units taking access from the parking court. Care shall be taken in the selection and siting of landscape plant materials so as not to create any site distance or other traffic and pedestrian hazards.
   (C)   Setbacks.
      (1)   Defined. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks shall be unobstructed from the ground to the sky except as expressly stated.
Figure 151.131(C): Irregular and Pie-Shaped Lots (See Also Definition of Lot Line, Rear)
      (2)   Measurement from ultimate right-of-way.  Street setbacks applicable to subdivisions and site plans shall be measured from the ultimate right-of-way line as specified in § 151.169(A).
      (3)   Features allowed within setbacks.  The following features may be located within required setbacks to the extent indicated.
         (a)   Fences, walls, and other landscape features shall be allowed within required setbacks, subject to the limitations of § 151.113(L).
         (b)   Architectural entrance features and subdivision entrance features shall be allowed within required setbacks, provided the size and location will not constitute a traffic hazard.
         (c)   Cantilevered bay windows and cantilevered building overhangs may encroach into required front or rear setbacks, provided they do not encroach more than two feet into a required front or rear setback and are located at least four feet from all lot lines.
         (d)   Chimneys may encroach into required setbacks, provided they do not encroach more than two feet into a required setback and are located at least four feet from all lot lines.
         (e)   Clothesline posts shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (f)   Driveways, curbs, and sidewalks shall be allowed within required setbacks.
         (g)   Flagpoles with ropes or chains on interior of pole shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (h)   Garbage disposal and recycled material equipment (non-permanent) shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (i)   Guardhouses or gatehouses shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (j)   Heating units, cooling units generators, and mechanical and electrical storage systems associated with solar energy systems may encroach into required setbacks, provided they do not encroach more than three feet into a required setback and are located at least four feet from all lot lines.
         (k)    Mailboxes shall be allowed within required setbacks, provided they are located at least four feet from all side lot lines.
         (l)   Overhanging roof, eave, cornice, awnings, or other architectural features may encroach into required setbacks, provided they do not encroach more than three feet into a required setback and are located at least four feet from all lot lines.
         (m)   Individual sewage disposal systems, wells, and underground utilities shall be allowed within required setbacks.
         (n)   Steps, stairs, stoops, and landings (non-enclosed with no walls or screens, with or without a roof) to a dwelling may encroach into required setbacks, provided they do not encroach more than four feet into a required setback and are located at least four feet from all lot lines.
         (o)   In conventional developments, open terraces (second story or above), decks, porches (non-enclosed with no walls or screens) swimming pool aprons, pergolas, and at-grade patios or paved areas that function as decks may encroach into required setbacks, provided they do not encroach more than four feet into a required setback and are located at least four feet from all lot lines.
         (p)   In conservation developments, terraces (above first floor, open), decks, swimming pool aprons, pergolas, porches (non-enclosed, with no walls or screens) and at-grade patios or paved areas that function as decks, when proposed in conjunction with the single family detached house structure type, may encroach into the required rear yard setback provided they do not encroach more than ten feet into the required setback, the structure’s area within the required setback does not exceed 200 square feet, and the lot abuts permanent open space to the rear (no other exceptions shall be allowed for terraces, decks, swimming pool aprons, pergolas, porches, and at-grade patios in conservation developments).
         (q)   Wheelchair ramps or wheelchair platforms not to exceed four feet in width of clearance (non-enclosed with no walls or screens, with or without roof) to a dwelling may encroach into all required setbacks, provided they are located at least four feet from side and rear lot lines.
         (r)   Wharfs, docks, piers, walkways not to exceed four feet in width, or private boathouses (exempt only from water’s edge setbacks) shall be allowed within required setbacks.
         (s)   Yard and service lighting poles and fixtures shall be allowed within required setbacks, provided they are located at least four feet from all lot lines.
         (t)   Window wells may encroach no more than three feet into required setbacks, provided they are located at least four feet from all lot lines. The Planning, Building and Development Director may approve window wells that are covered with load-bearing materials at grade at less than four foot setback. Window wells within regulatory floodplains shall be regulated by the provisions of §§ 151.145 through 151.154.
         (u)   Outdoor seating associated with a restaurant use, shall be allowed within the required street setback, provided the space is at grade and is separated from the right-of-way by landscaping or man-made barrier, subject to the intersection visibility requirements of § 151.172.
   (D)   Impervious surface. Impervious surface is any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks and paved recreation areas. The impervious surface ratio is calculated by dividing the total area of all impervious surfaces on the site by the site’s Net Site Area. If approved by the Planning, Building and Development Director, all or a portion of the area covered by pervious paving material may be excluded from impervious area calculations (see Figure 151.131(D)).
 
COMMENTARY:
Swimming pools accessory to a principal residential use, hot tubs, and other similar man-made water-retaining structures containing freeboard, shall not be included in calculating total impervious surface on residential parcels.
 
Figure 151.131(D): Impervious Surfaces
   (E)   Height. 
      (1)   Building height. Building height refers to the vertical distance between the mean elevation at finished grade along the portion of a structure to the highest point of the roof.
      (2)   General exceptions to height limits.  The following structures or parts thereof are exempt from zoning district height limits:
         (a)   Agricultural buildings, but not dwellings;
         (b)   Bulk storage silos and towers;
         (c)   Chimneys and cupolas on residential dwelling units, not to exceed six feet above the height of the building, or the minimum height required to meet applicable building, fire, or environmental regulations;
         (d)   Roof-mounted solar energy systems are exempt from zoning district height limits. However, roof-mounted solar energy systems shall not exceed six feet above the height of the building, or the minimum height required to meet applicable building or fire regulations.
         (e)   Elevator penthouses and mechanical equipment, provided the structures do not occupy more than 33% of the area of the roof;
         (f)   Gravity feed apparatus;
         (g)   Flagpoles, radio/television antennae and towers, not to exceed 15 feet above the maximum height allowed in the underlying zoning district without approval of a variation (see § 151.056);
         (h)   Steeples, not to exceed 25 feet above the maximum height allowed in the underlying zoning district without approval of a variation (see § 151.056);
         (i)   Towers, fire, mechanical and smokestacks, not to exceed 16 feet above the maximum height allowed in the underlying zoning district without approval of a variation (see § 151.056);
         (j)   Water tanks and standpipes; and
         (k)   Emergency warning devices, not to exceed 60 feet in height.
   (F)   Maximum density.  Maximum density refers to the maximum number of dwelling units allowed per acre of site area, after subtracting land area in regulatory floodplains, wetlands, water bodies, and public rights-of-way from the base site area. To calculate the number of dwelling units allowed on a parcel, first subtract from the base site area the total area of all regulatory flood-plains, wetlands, water bodies, and public rights-of-way, then multiply the resulting figure by the maximum density standard of the zoning district. When density calculations result in fractions, fractions of one-half or greater shall be rounded to the next highest whole number; fractions of less than one-half shall be rounded down (see Figure 151.131(F)).
Figure 151.131(F): Density Calculations (e.g., R-1)
 
Gross site area:
20.00 acres
Subtract ROW:
0.10 acres
Base site area:
19.90 acres
Subtract
Wetland:
00.75 acres
Floodplain
1.00 acres
Net site area:
18.15 acres x R1 density
18.15 x 0.80 = 14.52 (15) dwelling units
 
   (G)   Open space ratio.  The minimum open space ratio is one measure of the amount of open space required in a conservation development.
   (H)   Floor area factor.  Floor area refers to the sum total floor area of a building, measured from the exterior limits or faces of the structure. Parking structures providing spaces to meet minimum off-street parking standards of § 151.165 shall not be counted as floor area. The maximum floor area factor refers to the amount of floor area allowed per acre of Net Site Area, as calculated under § 151.070(D). The maximum floor area factor is one of the key determinants of a site’s nonresidential development capacity.
   (I)   Number of dwelling units.  The Planning, Building and Development Director shall be authorized to allow exceptions to the minimum and maximum number of dwelling units per building for townhouse, multiplex, and multi-dwelling structures, provided that the average number of dwelling units per building within a development is neither fewer than the minimum nor more than the maximum number of dwelling units permitted for the structure type.
   (J)   Walls.  The Planning, Building and Development Director shall be authorized to reduce side and rear wall requirements for patio and atrium houses if the Planning, Building and Development Director determines that the walls are only providing a separation from common open space.
(Ord., § 7.7, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - - ; Ord. 19-1378, passed 9-10-2019)