1252.06 YARD REGULATIONS; MULTI-FAMILY DWELLINGS.

   In order to encourage greater flexibility in design and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for multi-family dwellings are hereby established for single building developments and for locating several buildings within a group development.

   The yards of multi-family buildings shall be related to the space within the dwelling units as well as the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, from streets, parking and recreation areas in accordance with the following:

   (a)   Definitions. The terms in this section are defined as follows:

      (1)    "Single development" means a development of one multi-family building on one lot coordinated with the surrounding neighborhood and fronting on a dedicated street.

      (2)    "Group development" means a development of more than one multi-family building on a parcel planned as a unit with access to a dedicated street.

      (3)    "Main wall" means any exterior wall of a multi-family building containing the principal windows of a living, dining and/or sleeping room or rooms.

      (4)    "End or secondary wall" means any exterior wall of a multi-family building other than a main wall and containing secondary windows required for ventilation and not intended to provide direct views.

      (5)    "Overlapping walls" means that portion of the exterior walls which are directly opposing when two buildings, parallel or within thirty degrees of being parallel, face each other across an open yard or court.

   (b)    Front Yard Depth. The front yard depth, or setback, for multi-family buildings, in single development or group development, shall be in accordance with Section 1252.05 measured from the street right-of-way lines or as established otherwise on the Zone Map.

   (c)    Distance Between Facing and Overlapping Buildings. The distance between facing and overlapping buildings or parts thereof in a group development of multifamily buildings shall vary in direct relation to the length and height of buildings. Such minimum distance shall be determined by the formula:

      Minimum Distance = LA + LB + HA + HB 

                   F

   The elements of the formula are illustrated in Appendix I and defined as follows:

      (1)    "Minimum distance" means the required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.

      (2)    "LA" means the total length of building A which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building A from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building B.

      (3)    "LB" means the total length of building B which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building B from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building A.

      (4)    "HA" means the height of building A.

      (5)    "HB" means the height of building B.

      (6)   "F" means the divisor factor. In RMF-1 Districts, the divisor factor is 4. Provided, however, the minimum distance between main walls of separate buildings shall not be less than forty feet.

   (d)      Distance in Angular Arrangements. The distance in angular arrangements of thirty degrees to sixty degrees, such minimum distances are determined by the formula:

      Minimum Distance = 2LB + HA + HB - k 

                    F

      The elements of the formula are as defined above and are shown on the illustration Appendix I. "k" in the formula varies as the sine of 2n where n is the angle from building B to building A or extensions thereof.

   Where n is:      30° to 34° - k = 10 ft.

            35° to 39° - k= 20 ft.

            40° to 50° - k = 25 ft.

            51° to 55° - k = 20 ft.

            56° to 60° - k= 10 ft.

      "F" means the divisor factor. In RMF-1 Districts, the divisor factor is 4.

   (e)    Distances Between Walls of Court Arrangements. Such minimum distances shall be determined by applying the formula set forth in subsection (c) hereof, to each set of facing walls. In arrangements of parallel walls with offset sections, the distance between the corresponding parallel walls shall be determined by such formula. The elements of the formula are shown on the illustration Appendix I. "F" means the divisor factor. In RMF-1 Districts the divisor factor is 4.

   (f)   Distance Between Nonoverlapping Walls. Where walls of two multi-family buildings do not directly face each other or do not overlap, that is, where lines drawn perpendicular from the face of any wall or any one building will not intersect the face of any wall of another multi-family building, the minimum horizontal distance between such buildings shall be not less than one-half of the combined height of the two buildings. Such minimum distances shall be determined by the formula:

         Minimum Distance = HA + HB

                     2

   (g) Distance Between Building and Boundary Line of Multi-Family Buildings. The distance between building and boundary lines of a multi-family building or part thereof, in a single development or group development and any side or rear lot line of the parcel or development area boundary shall vary in direct relation to the length and height of the building. Such minimum distance shall be as determined by the formula:

         Building Parallel to Lot Line:    2 (LL) + HA

                         F

         Building at Angle to Lot Line:    2 (LL) + HA – K

                         F

      The elements of such formula are shown on the illustration Appendix I and defined as follows:

      (1)    "Minimum distance" means the minimum required horizontal distance between any wall of a building and the nearest side or rear lot line or boundaries of the parcel or development area.

      (2)    Where the building is parallel to the lot line "LL" means the maximum length of the side or rear lot line which can be intersected by lines drawn perpendicular from the face or faces of any wall or walls of the building.

      (3)    Where the building is at an angle to the lot line "LL" means the maximum length of the side or rear lot line from which lines drawn perpendicular will intersect any wall of the building.

      (4)    "HA" means the height of building A.

      (5)    "K" in the formula varies as the sine of 2n where n is the angle from the lot line to the building. The value of "K" is set forth in subsection (d) hereof.

      (6)    "F" means the divisor. In RMF-1 Districts the divisor factor is 4.

   (h)    Use and Design of Yards. The required yards, set forth in this section, shall be landscaped and may be used for driveways, pedestrian walks and passive recreation areas. If, however, yards between buildings are used for parking areas or playgrounds, the distances between buildings shall be increased by the dimensions of such intermediary facilities. The site shall be designed so that entrances to all buildings shall be located not more than 200 feet from the accessory parking area, the distance to be measured along pedestrian walks.

   (i)    Building Permits. Building permits for all apartment, townhouse and cluster dwellings shall not be issued until a site development plan has been submitted to the Planning Commission for their review and recommendation regarding compliance to all applicable provisions of this Zoning Code and until finally approved by the Commission. The diagrams in Appendix I indicate the regulations and planning criteria as set forth in this section and constitute a part of this Zoning Code.
(Ord. 2012-085. Passed 9-17-12.)

1252.07 YARD REGULATIONS AND DIMENSIONS; TOWNHOUSE (ATTACHED) DWELLINGS.

   A townhouse (attached) dwelling unit shall be not less than twenty-two feet in width and any main or longitudinal wall of a sequence of townhouse units shall not exceed sixty-six feet in length without a ninety degree offset of at least five feet, and the aggregate length of any wall including its offsets shall not exceed 135 feet in length.

   The minimum distance between the walls of adjacent townhouse buildings, and the distance between building walls and any boundary line of a townhouse (attached) development shall be in accordance with Section 1252.05 .

   Not more than six townhouse dwelling units may be attached in any group.

(Ord. 2012-085. Passed 9-17-12.)

1252.08 YARD REGULATIONS AND ARRANGEMENT; CLUSTER DWELLINGS.

   Detached dwelling units in a cluster area shall be setback not less than fifteen feet from any permanent open space area and thirty-five feet from a detached single-family side and rear property line.
(Ord. 1981-20. Passed 6-15-81.)

1252.09 TOWNHOUSE - CLUSTER SITE PLAN.

   The developer of any parcel of land proposed for townhouse and cluster development in an OF-C and RT-C District shall prepare a detailed site plan of the townhouse-cluster area proposed for development.

   The site plan of each townhouse-cluster area shall include the following:

   (a)    The number, location and arrangement of all dwelling units;

   (b)   The architectural design of all units;

   (c)   The proposed use of all private and common land;

   (d)   The location and arrangement of all dedicated and private vehicular and pedestrian access ways;

   (e)   The number and arrangement of all open parking and service areas;

   (f)   The location of all utilities;

   (g)   The landscape treatment of the townhouse-cluster area; and

   (h)   The formation of a separate association to control and maintain the townhouse-cluster area; the final form of the covenants, deed restrictions, and easements to be recorded, including the use of common land; state approved Articles of Incorporation and declaration of condominium ownership and other covenants, if any, for maintenance.

   The site plan and data required above shall be reviewed by the City Planner, Engineer, Building Commissioner, Law Department and Architectural Review Board, to determine its compliance and acceptability as to the intent, regulations, standards and criteria prescribed by this Zoning Code for One Family-Cluster and Townhouse-Cluster developments. The City Planner, Engineer, Building Commissioner, Law Department, and Architectural Review Board shall report their findings to the Planning Commission. The Commission shall evaluate the aforementioned reports and shall act to approve, disapprove or modify such site plan of a townhouse cluster area. Following the necessary City approvals, the Building Commissioner may issue building permits, provided that all applicable requirements of the Building Code are met, and all required fees are paid.
(Ord. 2012-085. Passed 9-17-12.)

1252.10 REQUIRED YARDS TO BE MAINTAINED.

   The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building and a yard of less than the required dimensions shall not be further reduced in any manner. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as set forth in Section 1252.15 and projections into yards in Section 1252.16.
(Ord. 1981-20. Passed 6-15-81.)