Loading...
(A) Where this chapter authorizes approval by the Planning Board of alternatives to the required exterior brick, stone or masonry material; such consideration shall be conducted in a public hearing; however, legal notification shall not be required.
(B) In consideration of a request for alternative materials, it shall be the responsibility of the applicant to demonstrate the following:
(1) The application represents a superior result than that which could be achieved by strictly following the requirements of this section;
(2) The application identifies a unique architectural theme for a master planned subdivision; or
(3) The application is based upon building constraints related to elevated structures and flood protection.
(C) An application based upon economic relief or economic hardship shall not be considered as a basis for approval of alternative standards.
(D) A denial of the application by the Building Official may be appealed to the Board of Adjustments if the appeal is filed consistent with § 160.110 of this chapter.
(1998 Code, App. A, § 40-62) (Ord. 06-42, passed 12-6-2006)
(A) Purpose. Landscaping requirements are intended to reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious or unvegetated surfaces. These requirements are also intended to preserve and improve the natural and urban environment and enhance the aesthetic qualities of the city.
(B) Requirements. In multi-family and mobile home districts and all non-residential districts, excluding District E-1 (Central Business), future developments must provide a minimum amount of landscaping according to the following chart:
District | Minimum Percent Lot Area to be Landscaped |
District | Minimum Percent Lot Area to be Landscaped |
C | 20 |
C-1 | 20 |
D | 10 |
D-1 | 10 |
E | 5 |
E-2 | 10 |
E-3 | 5 |
E-4 | 5 |
F | 5 |
F-1 | 5 |
G | 5 |
G-2 | 10 |
H | 5 |
I | (a) |
MH | See § 160.031 |
O-P | 10 |
P-I | 15 |
S-P | (b) |
NOTES TO TABLE: (a) Established per Final Development Plan. (b) Established per Site Plan. | |
(1) Except in districts C, C-1 and MH, a minimum of 50% of the required landscaping area shall be located in the front one-half of the lot. Required landscaping shall not include driveways, paved walks or right-of-way or easements for streets or alleys.
(2) On any corner lot, all landscaping, whether or not required by this chapter, shall be designed and maintained to conform with the visibility standards in § 160.085 of this chapter.
(3) When a driveway intersects a public right-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between 30 inches and eight feet above street grade.
(4) The triangular areas referred to are: the areas of property on both sides of an accessway where it intersects a public right-of-way, with the two sides of each triangle being ten feet long from the point of intersection and the third side being a line connecting the ends of the other two.
(C) Plant material. Tree species shall be a minimum of seven feet overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall be prohibited.
(D) Required trees. One tree per 500 square feet of designated landscaped area is required. The number of required trees in Districts C and C-1 shall be according to the requirements of §§ 160.029 and 160.030 of this chapter. A minimum of one tree per lot or tract is required. All trees shall be planted in the areas which are visible from the street. Trees shall not be planted in the right-of-way. Trees shall be a minimum of three-inch caliper, staked and wrapped, and shall be live oak, red oak, cedar elm, bald cypress, silver maple, Japanese black pine, palm or other trees of similar quality as approved by the Director of Parks and Recreation. Yaupon, crepe myrtle and other similar trees shall not be required to be a minimum of three-inch caliper.
(E) Existing plant materials. In instances where healthy plant material exists on a site prior to its development, the application of the above landscaping requirements may be adjusted if such an adjustment is consistent with and will preserve the intent of this chapter.
(F) Maintenance. All plant material shall be maintained at all times in a living and growing condition.
(G) Landscape plan. A landscaping plan, demonstrating compliance with the provisions of this section, shall be submitted to the Building Official at the time of application of building permit.
(H) Synthetic or artificial materials. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of the landscape requirements.
(I) Additional requirements. Requirements, in addition to those noted above, may be stipulated in the individual zoning districts regulations.
(1998 Code, App. A, § 40-63)
(A) Any use of land or structures which do not conform to the use regulations prescribed in this chapter or amendments hereto shall be deemed a non-conforming use.
(B) Any building or structure on a lot which does not conform the lot area, lot dimensions, front yard, side yard, rear yard or coverage, or any building or structure which does not conform to the height, parking, loading, building spacing or any other regulations or any requirements of this chapter shall be deemed a non-conforming building or structure.
(C) Any use or failure to meet requirements that existed lawfully at the time of enactment of this chapter may be continued subject to reasonable regulations by the Board of Adjustments, except as described in the following.
(1) A non-conforming use or failure to meet requirements shall not be continued when there is a change of use.
(2) A non-conforming use or failure to meet requirements shall not be continued when 50% of the floor area of the use or structure is remodeled or rebuilt.
(3) A non-conforming use or failure to meet requirements shall not be continued when the non-conforming use is abandoned. A structure shall be deemed to be abandoned when the electrical service and/or water service has been disconnected for a period of six consecutive months.
(4) Any non-conforming use or failure to meet requirements shall be brought into compliance when the property is rezoned to another district.
(1998 Code, App. A, § 40-65) (Ord. 94-05, passed 4-20-1994; Ord. 21-24, passed 10-6-2021)
Height limitations stipulated elsewhere in this chapter shall be modified as follows.
(A) Chimneys, water towers, penthouses, scenery lofts, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, drive-in theater screens, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(B) On through lots with double frontage 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots, more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street. The remainder of the lot shall comply with height regulation based on the street with the lower elevation.
(1998 Code, App. A, § 40-66)
(A) In all districts, except E-1 (Central Business), where the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building with front yards which do not conform to the provisions of this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would work a hardship, the Board of Adjustment may permit modifications of the front yard requirements applicable to the remaining frontage upon the same side of such street between such intersecting streets.
(B) In all districts, except E-1 (Central Business), where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building having front yards of greater depth than are required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment.
(C) No cornice shall project over the street line more than 5% of the width of such street and in no case more than four feet.
(D) Buildings on through lots in all districts, except E-1 (Central Business), where such lot is 200 feet or more in depth, shall provide an equivalent open space in lieu of the required rear yard; provided that, in any case where the rear lot lines are continuous through the block, if a through lot is secured by combining any two or more non-through lots and their common rear line is eliminated or built over, any building on such through lot shall provide a court above the level of the first story open and unobstructed the full width of the lot and for the full distance between the projected minimum rear yard lines. It is the purpose of this regulation to secure adequate ventilation for the interior of the block.
(E) A minimum of ten feet shall be allowed between buildings. This distance may not be reduced by more than 40% by overhanging eaves, roofs or other projections.
(F) The area required in a yard at any given level shall be open from such level to the sky, unobstructed, except for the customary projections of skylights and parapets above the bottom of such yard, and except for the ordinary projections of window sills, belt courses, cornices or other ornamental features not exceeding four inches and chimneys not more than two feet; provided that, if the building is not more than 35 feet in height, such cornice may project not more than two and one-half feet into such yard; and, provided further that, upon balconies and one-story porches with three unenclosed sides may project into a front or rear yard not to exceed ten feet; provided further that, within five feet of the street wall a cornice may project not more than three feet into the side yard.
(G) An open fire escape may project not more than four feet into a side or rear yard. Solid floored balconies and enclosed fireproof outside stairways may project not more than four feet into a rear yard.
(H) To provide adequate protection in all districts zoned for residential uses, a minimum setback of 25 feet of all buildings and accessory buildings from any underground, high-pressure, gas pipeline easement or any other hazardous pipeline is required. When deemed necessary, the City Commission may request additional setbacks. The only exception will be one storage building not exceeding 225 square feet in floor area or 12 feet in height will be allowed in the 25-foot setback area. Foundations for storage buildings will be constructed on a treated wood foundation and not on concrete. Storage buildings are not classified as permanent accessory buildings.
(1998 Code, App. A, § 40-67) (Ord. 94-05, passed 4-20-1994; Ord. 07-39, passed 11-7-2007; Ord. 08-31, passed 7-16-2008)
Loading...