(5) TOD Form and Design Standards.

(a)   Dimensional Standards.

(.1)   Properties in a zoning district where Table 14-701-2 (Dimensional Standards for Higher Density Residential Districts) or Table 14-701-3 (Dimensional Standards for Commercial Districts) allows a maximum height of 38 ft. are subject to a maximum height of 45 ft. 521

(.2)   Except if located within the /MIN, Mixed-Income Neighborhoods Overlay District, properties in a CMX-3, CMX-4, CMX-5, or RMX-3 zoning district are subject to a base maximum floor-area ratio that is thirty percent (30%) greater than that indicated in § 14-701 (Dimensional Standards). 522

(.3)   The minimum building height shall be 25 ft.

(.4)   New buildings must be built to the street line at ground level, along at least eighty percent (80%) of the primary street frontage, excluding curb cuts.

(b)   Parking. 523

The following standards apply in all /TOD Overlay Districts:

(.1)   Accessory parking shall be required as follows: the lesser of (.a) the required minimum for the proposed use, as adjusted by subsection (.2), below; or (.b) the number of accessory parking spaces in existence prior to the proposed use.

(.2)   Reductions in Parking Minimums.

(.a)   For lots within a CMX-4, CMX-5, RMX-3, or RM-4 district, any parking requirement otherwise applicable under § 14-802(2) (Required Parking in Residential Districts) or § 14-802(3) (Required Parking in Commercial Districts) is reduced by five spaces or by fifty percent (50%), whichever reduction is greater.

(.b)   For lots within any other base zoning district, any parking requirement otherwise applicable under § 14-802(2) (Required Parking in Residential Districts), § 14-802(3) (Required Parking in Commercial Districts) or § 14-802(4) ( Required Parking in Industrial Districts) is reduced by five spaces.

(.3)   Accessory surface parking lots and accessory parking garages are prohibited between the principal structure and the street frontage.

(.4)   Accessory and non-accessory parking garages must have active ground floor uses as listed in § 14-513(4)(b), above.

(.5)   For non-residential uses, any accessory parking requirement otherwise applicable under § 14-802  524 may not be exceeded by more than fifty percent (50%).

(.6)   For residential uses, no more than one auto parking space may be provided per every two housing units, rounding up to the nearest whole number.

(.7)   No more than one curb cut may be permitted along each street frontage of a property; provided, however, that a second curb cut may be permitted if a minimum of 200 linear ft. is provided between each curb cut.

 

Notes

521	Amended, Bill No. 170986 (approved January 3, 2018).
522	Amended, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022.
523	Amended, Bill No. 120774-A (approved January 14, 2013).
524	Enrolled bill read "Chapter 14-802".

§ 14-514. /FNE, Far Northeast Overlay District. 525

 

Notes

525	Added, Bill No. 130634 (approved December 4, 2013); amended, Bill No. 200019 (became law March 26, 2020).

(1) Boundaries.

The Far Northeast Overlay District applies to the 56th Ward, 58th Ward, 63rd Ward, and 66th Ward, as shown on the following map for illustrative purposes only

FNE Far Northeast Overlay District

{For printable PDF version of image, click HERE}

(2) Use Regulations.

(a)   Commercial vehicle repair and maintenance, commercial vehicle sales and rentals, vehicle fueling station, personal vehicle repair and maintenance, personal vehicle sales and rentals, and vehicle paint finishing shop uses are prohibited within all lots zoned I-1 or I-2. 526

(b)   In CA-2 districts, Visitor Accommodations is not permitted within 1,000 feet of a residential zoning district.

(c)   Any use within the Code that qualifies for a special exception shall instead require a variance within this Overlay District. 527

(d)   Any Medical Marijuana Dispensary as defined in § 14-601(6)(c)(.3) shall not include a person authorized to dispense marijuana for recreational or other non-medical purposes. 528

 

Notes

526	Amended, Bill No. 150264 (approved June 16, 2015).
527	Added, Bill No. 210425 (approved June 23, 2021).
528	Added, Bill No. 230448 (became law September 14, 2023).

(3) Roof Decks.

Roof decks and roof deck access structures are prohibited in all residential, CMX-1, and CMX-2 zoning districts.

(4) Height Regulations. 529

In residential, CMX-1 and CMX-2 zoning districts, a building may neither exceed 35 ft. in height nor contain more than three stories.

 

Notes

529	Amended, Bill No. 210865 (became law January 20, 2022).

(5) Minimum Lot Area. 530

(a)   In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:

(.1)   At least seventy-five percent (75%) of lots adjacent to the lot to be divided are 1,000 sq. ft. or less;

(.2)   Each of the lots created is used for one single-family attached home; and

(.3)   Each of the lots created meets the minimum lot width requirement of the zoning district.

(b)   In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:

(.1)   A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;

(.2)   A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.

 

Notes

530	Added, Bill No. 210078-A (approved April 28, 2021).