1165.01 Arrangement and development of land and structures.
1165.02 Lot and yard space requirements.
1165.03 Building lines established.
1165.04 One use per recorded lot.
1165.05 Multiple commercial/industrial uses permitted.
1165.06 Land dedication and in-lieu fees.
1165.07 Storage of construction materials.
1165.08 Portable structures.
1165.09 Performance standards.
1165.10 Exceptions to height regulations.
1165.11 Parking and storage of certain vehicles.
1165.12 Parking or keeping inoperable motor vehicles.
CROSS REFERENCES
Landscaping and Screening - see P.&Z. Ch. 1167
Off-street parking and loading facilities - see P.&Z. Ch. 1169
Fences - see P.&Z. Ch. 1173
Signs - see P.&Z. Ch. 1175
Standards pertaining generally and uniformly to the arrangement and development of, land and structures within the Zoning Districts adopted in this Zoning Ordinance are hereby established and adopted as supplementary to the District Regulations.
(a) Platting Required. No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with, or which otherwise meets, the requirements of the Subdivision Regulations.
(b) Minimum Requirements. Development standards are minimum requirements for the arrangement of lots and spaces to be achieved in all developments.
(c) Lot Area and Yard Space Preserved. The lot area and yard space required for a use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, paved for parking, or counted as yard space for any other use or structure.
(d) Yards Required Open. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancies except as follows:
(1) Fences, walls, and landscaping shall be permitted in any required yard, or along the edge of any yard, provided that it meets the requirements of Chapter 1173.
(2) Eaves, cornices, windowsills, and belt courses may project into any required yard a distance not to exceed two feet.
(3) Open and uncovered porches may project beyond the front building line or into a required rear yard a distance not to exceed five feet.
(4) Driveways shall be permitted in required yards, but shall be three feet or more from any property line, except where such driveways are developed jointly as a common drive to adjoining lots.
(e) Yard Requirements for Multi-Family or Group Dwellings. Group or multi-family dwellings shall be considered as one building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one front, one rear, and two side yards as specified for dwellings in the appropriate district.
(f) Yards Not Otherwise Required. Yard space not otherwise required but provided shall be five feet or more in width.
(g) Yards Maintained. All yard space shall be maintained in accordance with one or more of the following provisions:
(1) Fenced as permitted or required.
(2) Landscaped by lawns, shrubberies, trees, and other plantings maintained in a neat and orderly, natural state, or used for permitted accessory or ancillary use.
(h) Side and Rear Yard Requirements for Nonresidential Uses Abutting Residential Districts. Nonresidential buildings or uses shall not be located nor conducted closer than forty feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the Zoning Inspector is provided.
(a) Building Lines Established. Along every street right-of-way a building line shall be established from the existing right-of-way or proposed right-of-way as indicated in the Obetz Thoroughfare Plan, as amended, whichever is greater in width, that shall constitute the required front yard setback as established in the applicable zoning district.
(b) Required Setback Defined. The required setback is that distance between the established building line and the actual or proposed right-of-way. No structure or other use of land, except parking as defined in subsection (c) herein, shall locate in the required setback. In no case shall the required setback be less than the minimum required in the applicable zoning district.
(c) Parking Within the Required Setback in Commercial and Industrial Districts. Open parking or loading spaces shall be permitted to extend toward the street right-of-way from the established building line a distance equal to forty (40) percent of the required setback distance as measured from the actual or proposed right-of-way. In no case shall any part of a parking area be closer than fifteen (15) feet to any established or proposed right-of-way.
(d) Reduced Setback. If existing structures or uses on lots adjacent to each side of a lot have a setback less than the setback line established by these Regulations, the setback on the center lot shall be the average setback established on the adjacent lots.
(e) Display in Front Setback Prohibited. Within the front building setback and side building setbacks adjacent to public right-of-way, there shall be no storage or display of any materials, equipment, inventory, merchandise or wares. This provision is applicable in all zoning districts.
(f) Setback Requirements for Corner Buildings. On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(g) Visibility at Intersections.
(1) On a corner lot in any residential district, nothing shall be erected, constructed, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) feet and ten (l0) feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of the intersection.
(2) In nonresidential zones at intersections of street rights of way, a sight triangle shall be established as described by the right-of-way lines of the intersection streets and the third side being a line passing through a point on each right-of-way line that is a distance from their point of intersection equal to the sum of the width of both rights of way divided by four.
In all NC, GC, RI, LI, SO, and CF districts, multiple uses may be permitted on a single lot of record subject to the following standards:
(a) Uses Shown on Approved Final Site Plan. Multiple uses may be permitted on a single lot of record when such uses are shown on an approved final site plan.
(b) Use Permit Issued. Multiple uses may be permitted on a single lot of record when such uses are located in a multi-tenant structure and a use permit is issued for the various uses.
(a) Mandatory Land Dedication. Acreage shall be set aside in all platted residential subdivisions and multi-family residential developments, including planned residential and planned unit development districts for the provision of public areas. Such public areas shall be used as sites for public parks, open space, and recreational areas. Such lands may be deeded to the Municipality and thereby developed and managed by the Municipality or held, developed and maintained by a private association, the bylaws and creation of which shall be by approval of Council as an element of the subdivision platting process. Title to dedicated land shall be transferred to the Municipality within sixty (60) days of final plat approval. The amount of acreage to be set aside shall comply with the following schedule:
ZONING DISTRICT | PERCENT OF GROSS DEVELOPABLE ACRES |
SR & R-1 | 15.0 |
R-2 & R-3 | 20.0 |
R-2 | 20.0 |
PRD & PUD | 20.0 |
(b) Review And Approval Process. The mandatory land dedication requirement shall serve as a component of the subdivision review process or development review process if the development is except from the subdivision review process. The Planning and Zoning Commission may review and reject the proposed acreage if such site(s) is not appropriate for the intended use given environmental, technical or land use considerations. In such circumstances, the Planning and Zoning Commission shall request an alternative site(s), which may or may not be provided on-site.
(c) Fees In-Lieu of Dedication or Dedication of Off-site Public Areas. The Applicant may request the payment of fees in-lieu of the total or a portion of the mandatory land dedication to the Planning and Zoning Commission which shall make a recommendation to Council relative to such request. The amount of fees to be paid shall be equal to the assessed value of the acreage that would have been dedicated to the Municipality under the land dedication requirement. The Applicant may also request the acceptance of an off-site public area in-lieu of the total or a portion of the mandatory land dedication. The Planning and Zoning Commission shall make a recommendation to Council relative to such request.
(d) Pavement, Deposit and Use of Fees. Fees in-lieu of land dedication shall be paid to the Municipality within sixty (60) days following final plat approval or development plan approval. Such fees shall be placed in a special fund the records of which shall be available for public inspection. Such funds shall only be used by the Municipality for the acquisition and development of public parks, recreation facilities, and open space.
(e) Additional Reservation of Public Land. Where adopted planning documents recommend sites for public schools, parks or other public facilities, including open space, such lands shall be set in reserve by the owner.
(f) Conflict with Subdivision Regulations. This subsection shall supersede conflicting requirements of the Subdivision Regulations.
(Ord. 38-04. Passed 10-11-04.)
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