59-C-1.32. Development standards.

In addition to the following, the regulations in sections 59-C-1.34, 59-C-1.35 and 59-C-1.36 shall apply:

	RE-21	RE-2C1	RE-11	R- 200	R- 1503	R- 90	R- 60	R- 402	R-4 plex	RMH200
59-C-1.321. Tract Area and Density.
(a) Minimum tract area (square feet).  No development shall be located on a tract containing less than:									20,000
(b) Maximum density of development (dwelling units per acre of useable area as defined in section 59-C-1.523:									12.5
59-C-1.322. Lot Area and Width.
(a) Minimum net lot area for a main building together with its accessory buildings (in square feet).
-For one-family detached dwelling:	87,120	87,120	40,000	20,000	20,000	9,000	6,000	6,000		20,000
-For one-family semi-detached:								4,000
-For two-family detached dwelling:								8,000
(b) Minimum lot width (in feet).
At front building line,
-For one-family detached dwelling7:	150	150	125	100	100	75	60	60		100
-For one-family semi-detached dwelling:								40
-For two-family detached dwelling:								80
At existing or proposed street line:	25	25	25	25	25	25	25			25
59-C-1.323.  Yard Requirements for a Main Building, except R-fourplex zone (in feet)7:
Each lot must have building lines parallel to each of its boundaries and so located as to provide front, side and rear yards as specified in this section.
(a)Minimum Setback from street.  A main building must not be nearer to any street line than the distance shown:	50	50	50	406	406	306	256	25		40
In the case of a corner lot, if the adjoining lot on one of the streets either does not front on that street or is in a nonresidential zone, the setback from that street line must be at least:	20	20	20	15	15	15	15	15		15
(b)Setback from adjoining lot.  A main building must not be nearer to any lot line than the following:
(1) Side:
-One side:	17	17	17	12	12	8	8	104		12
-Sum of both sides:	35	35	35	25	25	25	18			25
(2) Rear:	35	35	35	30	30	25	20	20		30
59-C-1.324. Building Setbacks. R-4plex zone (minimum, in feet).
-From tract boundary:									*
-From any street:									*
-From adjoining lot:									*
-Side:									*
-Rear:									*
-Between buildings:									50
*(As required in adjoining zone.)
59-C-1.325. Maximum Distance of Lot From a public Street (in Feet):									200
59-C-1.326. Yard Requirements for an Accessory Building or Structure (in Feet)7.
(a) For all lots.
(1) Except as provided for in subsections (2), an accessory building or structure must be located in a rear yard and must not occupy more than 20 percent of the rear yard.
(2) If the main building is setback no less than 70 feet from a side lot line, an accessory structure used to generate electricity from solar energy may be located within that 70 foot setback if the structure is:
(A) located no less than 50 feet from a side lot line;
(B) less than 20 feet in height; and
(C) the structure satisfies the street line and rear lot line setbacks under subsection (3).
(3) An accessory building or structure must be set back from the lot lines with a minimum setback as follows:
(A) From the street line:	80	80	80	65	65	60	60	60		65
(B) From a rear lot line:	10	10	10	7	7	5	5	5		7
(C) From a side lot line:	15	15	15	12	12	5	5	5		12
(D) From a national historical park boundary line unless the accessory structure on the lot or tract is exempted under Sec. 59-B-2.110.	200	200	200
(4) For any accessory building or structure in the zones indicated thus (*) with a height greater than 15 feet, the side yard and rear yard minimum setback must be increased from the requirements in (3) above at a ratio of 2 feet of additional setback for each foot of height in excess of 15 feet.						*	*	*
(5) For any accessory building or structure, except a swimming pool, as defined in 59-A-2.1, in the zones indicated thus (*) with a length along a rear or side property line which has a linear dimension greater than 24 feet, the minimum setback from that rear or side property line must be increased from the requirement in (3) above at a ratio of 2 feet for every 2 feet that the dimension exceeds 24 linear feet.						*	*	*
(b) Set back from streets for Corner lots.    (1) An accessory building or structure must not be closer to a street line than a main building as established in 59-C-1.323 and as listed below.
(2) If the adjoining lot on a side street is in a residential zone and has frontage on the side street, the setback from the side street line is:	50	50	50	40	40	30	25	25		40
and the setback from the rear lot line is:	12	12	12	12	12	10	10	10		12
(3) If there is no residentially zoned lot on the side street with frontage on the side street in the same block and on the same side of the street, the setback from the side street line is:	20	20	20	15	15	15	15	15		15
(c) Accessory building or structure for housing animals or fowl.  Any accessory building or structure used for the housing, shelter or sale of animals or fowl other than a household pet must be located in a rear yard with the following setbacks:
(1) from a lot line:	25	25	25	25	25	25	25
(2) from a dwelling on another lot or parcel:	100	100	100	100	100	100	100
59-C-1.327. Maximum Building Height (in Feet).
Except for agricultural buildings, and except as provided in Division 59-B-1, the maximum height of any building or structure must be:
For any building in these zones:	50	50	50	5011	50			35		50
For a main building in these zones:									35
For a main building in the zones indicated (*):						*	*
The height must not exceed: (1) 35 feet when measured to the highest point of roof surface regardless of roof type, or (2) 30 feet to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof, subject to the following:
(a) The height must not exceed 2 ½ stories5or 30 or 35 feet, depending on the method of measurement, if other lots on the same side of the street and in the same block are occupied by buildings with a building height the same or less than this requirement.
(b) The height may be increased to either 3 stories or 40 feet if approved by the Planning Board in a site plan .						*	*	*
An accessory building in these zones must not exceed:									209
An accessory building in these zones, must not exceed 2 stories, and the height from existing grade to the highest point of roof surface must not exceed:						209	209	209
59-C-1.328. Coverage.
-Maximum percentage of net lot area that may be covered by buildings, including accessory buildings:	25	25	15	2512	25	3012	3512	40		25
-Maximum percentage of tract that may be covered by buildings:									35
-Maximum percentage of tract devoted to green areas:									50
—In the zones indicated, the maximum percentage of the area of the front yard that can be covered by surfaced area, excluding the surfaced area in a driveway on a pipestem or flag shaped lot:				3013	3013	3013	3513	3513
59-C-1.329. Additional Development Requirements.
(a) In the zones indicated thus (*), cluster development is permitted in accordance with the provisions of section 59-C-1.5.		*	*	*	*	*	*			*
(b) In the zones indicated thus (*), moderately priced dwelling units are required in accordance with chapter 25A and section 59-C-1.6.		*8	*8	*	*	*	*	*	*	*
(c) Application and development plan approval shall be in accordance with the provisions of division:									59-D-1
(d) Site plans shall be submitted and approved in accordance with the provisions of division:									59-D-3

 

1   The following lots shall have the area and dimensional requirements of the zone applicable to them prior to their classification in the RE-2, RE-2C, and RE-1 zones: (1) A record lot approved for recordation by the planning board prior to the approval date of the most recent sectional map amendment that included the lot; and (2) A lot created by deed on or before the approval date of the most recent sectional map amendment that included the lot, and (3) In the RE-2C zone, a lot created as a one-family residence by a child of the property owner or the spouse of a child or by the parents of the property owner, provided the property owner can establish that he/she had title on or before March 16, 1982. This provision permits the creation of only one lot for each child, whether created for the child or the spouse of the child, and only one lot for the parents, whether created for one or both parents. The overall density of the property shall not exceed 1.1 dwelling units per acre in any subdivision recorded.

2   A one-family detached dwelling in the R-40 zone shall comply with all of the requirements of the R-60 zone.

3   Development by the standard method is permitted under the regulations applicable to the R-200 zone.

4   For each one-family semidetached dwelling unit, one side yard a minimum of 10 feet wide. For each two- family detached dwelling, 2 side yards, each a minimum of 10 feet wide.

5   The top floor of a building may qualify as a half-story only if the wall plates on at least 2 opposite walls are no more than 2 feet above the floor and if the amount of floor area with headroom of 5 feet or more does not exceed 60 percent of the total floor area of the story directly beneath.

6   Subject to an established building line in accordance with Section 59-A-5.33, if applicable.

7   The minimum lot width at the building line and yard requirements for a main building or an accessory building or structure may be reduced when the lot is located in an historic district in accordance with the provisions of Sec. 59-A-6.23.

8   Required only for development that is served by public sewer service and where designated for sewer service in the applicable master plan.  Any residential development that does not meet the requirements of Chapter 25A for which a preliminary plan of subdivision was approved before April 1, 2005 is a conforming use and may continue in accordance with the standards in effect before April 1, 2005.

9   Any accessory building in the R-90, R-60, R-40, or R-4plex zone lawfully existing before October 9, 2006 is conforming building and may continue under the standards in effect when the accessory building was constructed. However, any replacement or reconstruction of an accessory building must conform to the standards in effect at the time of replacement or reconstruction.

10   Any accessory structure lawfully existing before July 3, 2007 and located less than 200 feet from a national historical park is a conforming structure and may be repaired or reconstructed under the standards in effect before July 3, 2007.

11   If the lot is the site of a building permit application filed after April 28, 2008, then the maximum allowable building height is determined by either of two methods and varies with the lot area as follows:

 

LOT AREA IN SQUARE FEET		HEIGHT IN FEET
Equal to or greater than	And less than	Height to the highest point of any roof		The mean height in feet between the eaves and ridge of a gable, hip, mansard, or gambrel roof
25,000	40,000	45	or	40
15,000	25,000	40	or	35
0	15,000	35	or	30

 

   Any building constructed or proposed under a building permit filed before April 28, 2009 is conforming.  Any such building may be continued, maintained, repaired, and, if demolished by accidental or natural forces, rebuilt to the same building height, three dimensional shape, and lot coverage allowed under any building permit filed anytime before April 28, 2009.

12   If the building on a lot is infill development, then the maximum area that may be covered by any building, including any accessory building and any weatherproofed floor area above a porch, but not including any bay window, chimney, porch, or up to 240 square feet of a detached garage, if the garage is less than 350 square feet of floor area and less than 20 feet in height, must vary with the lot area as follows:

 

Lot area less than 6,000 square feet:	30 percent of the lot area.
Lot area equal to or greater than 6,000 square feet but less than 16,000 square feet:	30 percent, less .001 percent for every square foot of lot area exceeding 6,000 square feet.
Lot area equal to or greater than 16,000 square feet:	20 percent of the lot area.

 

   Any building constructed or proposed under a building permit filed before April 28, 2009 and any infill development may be continued, maintained, repaired, and, if demolished by accident or natural forces, rebuilt to the same building height, three dimensional shape, and lot coverage allowed under any building permit.

13   (a)   Any surfaced area existing before October 26, 2010 is not limited by this provision if it is not increased in area.

   (b)   Surfaced area may be a maximum of 50 percent of the front yard of a tract that has its primary access from a primary residential street, minor arterial road, major highway or arterial, or any State road.

   (c)   Surfaced area consisting of 2 parking spaces can exceed the limits of this provision if it is no larger than 320 square feet in total area.

   (d)   No more than one vehicle may be parked for every 160 square feet of surfaced area.

   (e)   The limit on surfaced area does not apply to stone or rock quarries in the R-200 zone.

   (f)   The Department of Permitting Services may grant a waiver to these surfaced area limits as necessary to protect public safety.

   (g)   Parking in a front yard on a non-surfaced area or parking on less than 160 square feet of surfaced area for each vehicle must cease after October 24, 2011.