In addition to the development standards listed below, the property owner/developer/operator shall be responsible for knowledge of and compliance with any and all Federal and/or State regulations in association with their business operation.
A. Calculation Of Average Lot Width And Depth:
1. Average lot width: The distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear line.
2. Average lot depth: Measured as the distance between the front and rear lot lines measured in the mean direction of the side lines.
B. Density:
1. Acre, gross means a measure of land area (43,560 square feet).
2. Density means the number of dwelling units allowed for each gross acre of land, and is determined by dividing the number of dwelling units on a site by the gross acreage of the site, including dedicated rights-of-way, private streets, and open space set asides and any other portions of the originally undivided parcel.
In the determination of the number of residential units to be allowed on a specific parcel of land, a fractional unit equal to or greater than one-half (1/2) of a unit shall be rounded up to equal a full unit.
3. The number of dwelling units allowed on a site is based on the presumption that all other applicable standards of this title shall be met. The maximum density established for a zoning district is not a guarantee that such densities may be obtained, nor a valid justification for varying or modifying other dimensional or development standards.
C. Lot Size:
1. Minimum Lot Dimensions: Any lot that is created, developed, used, or occupied shall meet the minimum lot size and frontage requirements for the zoning district in which it is located, except as otherwise established in this title for particular uses.
2. Number Of Principal Buildings Or Uses Per Lot:
a. Only one principal building that functions as the primary residence for single-family or duplex use, with permitted accessory buildings, may be located upon a lot or unplatted tract. Every dwelling shall face or front upon and have legal means of access to a street or officially approved place.
b. Where a lot or tract of land is used for multiple-family, mixed use, commercial, or industrial purposes, more than one principal building containing the residential, residential/commercial, commercial or industrial use may be located upon the lot but only when such principal buildings conform to all requirements of this title applicable to the uses and district, and when all principal buildings face upon and have legal means of access to a street or officially approved place.
D. Setbacks:
1. Required Setbacks:
a. A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum setback requirements set forth in subsections B of sections 15.310.01 through 15.316.02 of this title for the zoning district in which it is located, except as otherwise established in this title or unless a variance or minor modification has been granted. Setbacks shall be measured from the property lines (as shown in the diagram below).
b. Setbacks shall be unoccupied and unobstructed by any permanent structure or portion of a permanent structure from thirty inches (30") above grade.
c. As used in this section, the term "building" includes any structure that by nature of its size, scale, bulk, dimension, or use constitutes a visual obstruction or generates activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:
(1) Gas pumps and overhead canopies or roofs.
(2) Fences running along lot boundaries adjacent to public rights-of-way that exceed six feet (6') in height and are substantially opaque.
2. Projections Into Required Setbacks, General: The following structures may project into required front, side, or rear setbacks as specified in this subsection:
a. Paved Terraces: Paved terraces may project into any required setback, provided that no structures placed there shall violate other requirements of this title and are at least five feet (5') from the lot line.
b. Unroofed Landings, Decks, Stairs And Balconies: Unroofed landing, decks, and stairs may project into required setbacks, provided that no portion other than a handrail shall extend higher than thirty inches (30") above the finished grade level. Unroofed balconies may project into a required side or rear yard provided these projections are at least five feet (5') from the property line.
c. Incidental Architectural Features: Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, headers, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than two feet (2') into any required setback provided these projections are at least 7.5 feet from the lot line.
d. Roofs Over Porches And Other Exterior Approaches: Roofs over porches, stairways, landings, terraces, or other exterior approaches to pedestrian doorways may encroach up to five feet (5') into a front setback. The covered porch or entrance area encroaching into the setback shall remain exterior to the building and enclosed by no more than a railing.
e. Projections Into Easements And Rights-Of-Ways Prohibited: Projections shall not extend or encroach into any public or private easement(s) or right(s)-of-way.
f. Handicap Ramps: Handicap access ramps may be located within the required front, side, and rear setbacks.
3. Contextual Front Setbacks: The following exceptions to the front setback requirements for dwellings abutting local streets, not collector or arterial streets, are authorized for a lot in any district.
a. If there are dwellings on both abutting lots with front setbacks of less than the required depth for the district, the front setback of the lot need not exceed the average front setback of the abutting dwellings.
b. If there is a dwelling on one abutting lot with a front setback of less than the required depth for the district, the front setback for the lot need not exceed a depth one-half (1/2) way between the depth of the abutting lot and the required front setback depth.
4. Double-Frontage Lots: In the case of double-frontage lots, front setbacks shall be provided on both frontages.
E. Building Height:
1. Height Requirements Generally: No building shall be erected or altered that will exceed the height limit for the respective zoning district, unless otherwise provided in this chapter or elsewhere in this title.
2. Height Exceptions For Appurtenances: Except as specifically provided elsewhere in this title, the height limitations contained in this title do not apply to cupolas, flagpoles, chimneys, parapets, antennas, heating and ventilation equipment, stairwell towers or similar appurtenances and religious symbols such as crosses; provided, however, the following:
a. The appurtenance does not interfere with Federal Aviation Regulations;
b. The appurtenance does not extend more than five feet (5') above the maximum permitted building height, except for flagpoles, church belfries, and antennas that must be of greater height in order to function;
c. The appurtenance is not constructed for the purpose of providing additional floor area in the building; and
d. The appurtenance is functional.
3. Exceptions To Height Limits: The height limits of buildings and structures contained in this title may be modified as follows:
a. In a Residential Zoning District with a height limit of less than forty five feet (45'), public and quasi-public buildings, schools, houses of worship, hospitals and other institutions permitted in the zone, may be erected to a maximum height of forty five feet (45'); provided, that all required setbacks shall be increased by two feet (2') for each additional one foot (1') of height that the building exceeds the maximum height of the zone and the appropriate fire protection district verifies that the building has complied with the adopted fire codes and sufficient access to allow for emergency vehicles to maneuver around the building.
b. In an Agriculture, Non-Irrigated Agriculture, Resource, Public Land or the larger lot Rural Residential Zoning Districts (RR-20, RR-10 and RR-5) with a height limit of less than forty five feet (45'), structures may be erected to a maximum of forty five feet (45'); provided, that all required setbacks shall be increased by two feet (2') for each additional one foot (1') of height that the structure exceeds the maximum height of the zone. The following typical non- residential structures, such as (including, but limited to) barns, silos, mine head frames, hay sheds are allowed up to seventy five feet (75') in height. Any such typical non-residential structures that exceed seventy five feet (75') would be subject to the review of a conditional use permit, following the application requirements and procedures contained in chapter 230 of this title and the appropriate fire protection district verifies that the building has complied with the adopted fire codes and sufficient access to allow for emergency vehicles to maneuver around the building.
c. In Suburban Commercial/Mixed-Use Zoning Districts with a height limit of less than forty five feet (45'), structures may be erected to a maximum of forty five feet (45'); provided, that the exterior vertical wall of each floor above the second story or twenty feet (20'), whichever is greater, shall be set back from the ground floor exterior wall a minimum distance of two feet (2') for each additional one foot (1') of height that the structure exceeds the maximum height of the zone.
4. Measurement: The height of buildings and structures shall be the distance measured vertically from any point on a proposed or existing top of structure, roof or eaves to the natural or finished grade (whichever is more restrictive) located directly below said point of the top of structure, roof or eaves. Within any building footprint, height shall be measured vertically from any point on a proposed or existing top of structure, roof or eaves (including but not limited to the roofing material) to the natural grade directly below said point on a proposed or existing top of structure, roof or eave (refer to example below).
F. Sidewalks:
1. The owner of residential and nonresidential property is responsible for:
a. The repair and reconstruction of a sidewalk in the public right-of-way that abuts their property if the owner has caused the need for such repair or reconstruction; and
b. The general maintenance of the sidewalk including without limitation, sweeping, removal of snow, ice and weeds and maintenance of any grass, shrubs or trees that encroach on the sidewalk. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)