(A) Minimum dimensional requirements by zoning district.
District | R-1 | R-2 | R-3 | R-B | RBT |
District | R-1 | R-2 | R-3 | R-B | RBT |
Lot area | 2.5 AC | 20,000 | 16,000 | -- | |
Maximum height | 35 | 35 | 35 | 35 | |
*Minimum floor area per dwelling unit (single-family) | 960 | 1,200 | 960 | -- | |
Minimum front yard setback | -- | 30 | 25 | -- | |
Minimum frontage on street | -- | 50 | |||
Minimum lot depth | -- | 100 | 100 | -- | |
Minimum non-residential lot area | 2.5 AC | -- | -- | 24,000 | 28,000 |
Minimum rear yard setback | -- | 20 | 7 | -- | |
Minimum side yard setback | -- | -- | -- | -- | |
Front interior lot line | 7 | 10 | 7 | ||
Front street in case of corner lot | -- | 30 | 25 | -- | |
Minimum width per dwelling | 21* with continuous roof | 21* with continuous roof | 21* | 21* | |
* Floor area refers to finished and habitable space for which a certificate of occupancy can be issued. | |||||
(B) Additions and exceptions to minimum area, height and other requirements.
(1) Definition. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EXISTING LOT. A lot or parcel of land which was of record as a separate lot or parcel in the office of the County Recorder or Registrar of Titles, on or before the date of adoption of this chapter.
(2) Exemption. Any such lot or parcel created in accordance with Chapter 156 and is at least two and one-half acres in size, shall be exempt from the requirements of divisions (B)(3) and (B)(4) below and shall be considered buildable if the lot or parcel can comply with the remaining requirements of this division (B).
(3) Undersize lots. Any such lot or parcel of land less than two and one-half acres which is in a residential or agricultural district may be used for single-family detached dwelling purposes provided the area and width thereof are within 60% of the minimum requirements of this section; provided all setback requirements of this chapter can be maintained; and provided it can be demonstrated that a safe and adequate sewage treatment system can be installed to serve such permanent dwelling.
(4) Group lots. If in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel does not meet the full width or area requirements of this chapter, such individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels will equal one or more parcels of land each meeting the full lot width and area requirements of this chapter.
(5) Subdivision of lots. Any lot or parcel of land subdivided by any means after the effective date of this chapter for purposes of erecting a structure, must be approved as required by Chapter 156.
(6) Lake and stream frontage lots. All lots having frontage on a lake or stream shall be subject to the provisions of Chapter 153 as well as the regulations provided by this chapter. All lots on unclassified bodies of water in Chapter 153 shall meet the minimum setback requirements for a general development lake, except as provided in Chapter 153.
(7) Lots in the floodplain. All lots in a designated floodplain shall be subject to Chapter 152 as well as the regulations provided by this chapter.
(8) Reduction of required yard of lot size prohibited. No yard shall be reduced in area or dimension so as to make it less than the minimum required by this chapter, and if the existing yard is less than the minimum required, it shall not be further reduced. No required yard currently used for a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building.
(9) Sloping or erodible building sites. On sites with slopes of greater than 25% or on easily erodible soils as defined on the city soils maps and compiled by the County Soils Conservation District, no structure shall be constructed. (Also see § 157.106.)
(10) Heavily wooded sites. On any lot, clear cutting shall require a conditional use permit. A certificate of compliance shall be required for all cutting on all slopes in excess of 18%. On such slopes, a revegetation plan shall also be required prior to issuance of a building permit. (See §§ 157.106 and 157.112.)
(11) Minimum area requirements for lots without public sanitary sewer. In areas without public sanitary sewer, but where public sanitary sewer is proposed in the city’s capital improvement program, single- and two-family homes shall demonstrate suitable soil conditions for a minimum on-site sewage treatment area of .50 acres per dwelling unit.
(12) High-rise multiple dwelling structures.
(a) The density standards applicable to multiple dwellings in structures exceeding three and one-half stories in height shall be as follows:
Number of Stories | Lot Area Required Per Dwelling Unit |
3-1/2 - 6 | 2,000 square feet |
6 - 12 | 1,500 square feet |
12+ | 1,000 square feet |
(b) Said requirements shall apply regardless of the number of bedrooms per dwelling unit.
(C) Permitted encroachments on required yards. The following shall be permitted encroachments into setback and height requirements, except as restricted by other sections of this chapter:
(1) In any yards: posts, off-street parking, flues, leaders, sills, pilasters, lintels, cornices, eaves (up to three feet), gutters, awnings, open terraces, steps, chimneys, flag poles, open fire escapes, sidewalks, fences, essential services, exposed ramps (wheelchair), uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than three feet from any lot line nor less than one foot from any existing or proposed driveway; yard lights and nameplate signs; trees, shrubs, plants; floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.
(2) In side and rear yards: fences 25% open; walls and hedges six feet in height or less; bays not to exceed a depth of three feet or containing an area of more than 30 square feet; fire escapes not to exceed a width of three feet.
(3) On a corner lot: nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets within 100 feet of such intersection.
(4) In no event shall off-street parking, structures of any type, buildings or other improvements cover more than 75% of the lot areas. In no event shall the landscaped portion of the lot be less than 25% of the entire lot as a result of permitted encroachments.
(D) Setbacks.
(1) Front setbacks. Where a vacant buildable lot is adjacent to structures existing at the time of adoption of this chapter having a substandard setback from that required by this section, the Zoning Administrator shall determine a reasonable, average, calculated front yard setback to implement the requirements of this section, and to fulfill its purpose and intent. However, in no case shall a building be required to be setback more than 180 feet from the street centerline, except where an industrial district is adjacent to a residential district. In a residential district, the front yard setback shall conform to the established setback line, unless the Zoning Administrator determines that another setback is more appropriate as provided herein.
(2) Side and rear setbacks. Subject to regulations contained in the Building Code and other applicable regulations, side and rear setback requirements may be waived provided party walls are used and the adjacent buildings are constructed as an integral unit and are part of an approved shopping center, townhouse development or other similar development. Such waiver shall only be by issuance of a conditional use permit.
(3) Setbacks adjacent to residential areas. Where a commercial district is adjacent to a residential district, the minimum commercial building setback from the lot line shall be 35 feet. In the case of industrial districts, such a minimum setback shall be 75 feet.
(4) Setbacks along arterials. Along roads and streets designated as “Arterials” in the comprehensive plan, the minimum front setback for principal buildings shall be 150 feet from the nearest planned street centerline.
(5) Setbacks from private roads. All setback requirements of this section shall also be applicable to private roads and easement access rights-of-way.
(E) Height.
(1) No structure shall exceed 45 feet in height, including church spires, bellfries, cupolas and domes, monuments, chimneys and smokestacks, flag poles, public facilities, transmission towers of private radio broadcasting stations, television antennae, except barns, silos and other farm structures, utility transmission services and transmission towers of commercial broadcasting stations.
(2) Parapet walls shall not extend more than four feet above the height permitted of the buildings.
(F) Cluster development standards. The purpose of this section is to provide a method by which parcels of land in the Residential, A-1 and A-2 Districts having unusual building characteristics due to sub-soil conditions, elevation of water table, water area, relative location or shape of the parcel, may be more efficiently used.
(1) Cluster development may also provide a means to preserve good agricultural land, open green space, scenic views and other desirable features of the natural environment.
(2) The owner of any tract of land in any Residential, A-1 and A-2 District may submit a plan on the use and development of such tract of land as a cluster development to the City Council for a conditional use permit authorizing completion of the project according to the plan.
(3) The plan for the proposed project shall conform to the requirements of the use district within which the plan is located, except as hereinafter provided:
(a) The entire tract of land for which a cluster development is proposed shall not be less than three acres in size;
(b) The applicant shall state precisely the unusual characteristics of the land or other reason justifying the granting of a conditional use permit for a cluster development;
(c) A preliminary plat shall be submitted that complies with Chapter 156;
(d) The number of dwelling units proposed for the entire site shall not exceed the total number of permitted for the R-1, A-1 or A-2 Districts within which the land is located, in all other Residential Districts, including R-2, R-3, R-4 and Multiple-Family Districts with public sewer and water, the number of dwelling units shall not exceed 50% more than the total number of dwelling units permitted if the development was based on the minimum lot size requirements for single-family residential subdivision.
(e) That land which is to be set aside as common land shall be clearly identified and dedicated as such on the plan. Provisions shall be required for continual maintenance of any common land not dedicated as public property and accepted by the city.
(Ord. passed - -) Penalty, see § 157.999