6.4.4. HEIGHT

   A.   Measurement of Building Height

   Building height is the vertical distance measured from the design grade elevation to the highest point of a flat roof; to the deck line of a mansard roof; or to the middle (between the eave and ridge ) of the highest gable of a pitched or hipped roof, except as follows: (See Figure 6.4.4-A, Measurement of Building Height .)

      1.   Historic Preservation Zone (HPZ)

      Building height is the vertical distance measured between the highest part of a structure and the finished grade at the midpoint of the front facade of the principal structure, excluding chimneys, mechanical equipment, and other miscellaneous additions.

      2.   Airport Environs Zone (AEZ)

      Building height within the AEZ is measured in accordance with Section 6.4.4. When there is a conflict between the maximum heights permitted by the project ’s zone and the standards in Section 5.6.11, Airport Hazard Districts for TIA and DMAFB Environs, the more restrictive applies.

      3.   Scenic Corridor Zone (SCZ)

      The vertical distance of a building is measured from design grade , at all points within the building footprint , to the highest point on a roof. Any wall extending above the roof, such as a parapet wall or a fire wall, is considered part of the roof for purposes of measuring height .

      4.   Hillside Development Zone (HDZ)

      See height measurement standards in Section 5.2.7.A, Building Height.

   B.   Measurement of All Other Structures

      1.   General

      The height of all structures , other than buildings , is the vertical distance measured from design grade at the base of the structure at all points along that structure to the top of the structure. For structures within six feet of a property line , the design grade used for measuring height is the lower of the two grades on each side of that property line . Perimeter walls are measured from the base of the wall that faces an adjacent property.

      2.   Airport Environs Zone (AEZ)

      Structure and tree height is measured in accordance with Section 6.4.4. When there is a conflict between the maximum heights permitted by the project ’s zone and the standards in Section 5.6.11, Airport Hazard Districts for TIA and DMAFB Environs, the more restrictive applies.

Figure 6.4.4-A: Measurement of Building

   C.   Height Exceptions

   The following structural elements may extend above the maximum allowed height, subject to any limitations listed: (See Figure 6.4.4-B, Exceptions to Building Height.)

      1.   Ornamental Elements

      Ornamental elements of the buildings and structures , such as spires, cupolas, belfries, clock towers, and domes, provided that such elements:

         a.   Are not for human occupancy; and,

         b.   Do not exceed ten feet above the allowed structure height , except as follows:

            (1)   Ornamental elements of buildings and structures proposed to exceed ten feet above the allowed structure height are processed in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure. Additionally, the Design Review Board shall review and forward a recommendation to the Zoning Examiner on the proposal. Ornamental elements proposed to exceed ten feet above the permitted height must comply with the following:

               (a)   The ornamental element is an integral part of thebuilding ’s architecture, and is not for human occupancy;

               (b)   The ornamental elements proposed to exceed ten feet above the allowed structure height shall not be used for signage;

               (c)   The applicant shall demonstrate how the proposal minimizes impacts to existing land uses by including a view shed analysis and an analysis of the project site grades and adjacent property grades as part of their submittal; or,

               (d)   Setbacks required for the architectural element will be one foot for each additional foot in height that it exceeds the base allowance of ten feet.

      2.   Functional Elements

      Chimneys, mechanical penthouses, and bulkheads for stairwells, elevator shafts, or skylights, provided that such elements:

         a.   Are not for human occupancy;

         b.   Do not exceed ten feet above the allowed structure height ; and,

         c.   Do not exceed 25% of the total roof area of the building on which they are located.

      3.   Mechanical and Accessory Equipment

      Mechanical equipment, except solar energy equipment, and accessories necessary to the operation or maintenance of the building , provided that such elements:

         a.   Do not exceed six feet above the allowed structure height ;

         b.   Do not exceed 25% of the total roof area of the building on which they are located;

         c.   Are concealed by an opaque  screen ; and,

         d.   Are located away from the edge of the building a distance equivalent to the height of the elements.

      4.   Solar Energy Equipment

   Solar energy equipment, provided that such elements do not exceed the allowable height limits by more than ten feet.

      5.   Parapet Walls and Safety Railings

      Parapet walls and safety railings, provided they do not exceed the allowable height by more than four feet.

      6.   Communications Antennas (Excluding Communications Facilities)

      Communications antennas not in conjunction with a communications facility, excluding dish antennas greater than three feet in diameter, provided such elements do not exceed the allowable height limits by more than five feet.

      7.   Dish Antennas

      Dish antennas , greater than three feet in diameter, provided that such elements:

         a.   Do not exceed the allowable height limits by more than ten feet;

         b.   Are located as close to the center of the roof structure as possible;

         c.   Are screened from view, to the maximum extent possible without interfering with reception, from the street  frontage of the property at pedestrian level by an opaque  screen , such as a parapet wall at the roof’s edge; and,

         d.   Are located on a building with a structure height greater than 40 feet.

      8.   Communications Antennas (Associated with Communications Facilities)

      Communications antennas , other than those associated with wireless communications, in conjunction with a communications facility do not have a maximum height limitation, provided the antennas are located at least one foot distance for every foot in height measured from all property lines of residentially zoned property.

      9.   Change of Zoning

      If the Mayor and Council authorize a rezoning of a property and a building (s) exists on the property that exceeds the maximum required height for the proposed land use, the existing buildings shall be considered conforming. This exception applies only to buildings existing at the time of authorization, except as provided by Section 6.4.5.B.10, Historic Preservation Zone (HPZ).

      10.   Historic Preservation Zone (HPZ)

      New construction in a Historic Preservation Zone (HPZ) may exceed the height standards of the zone if additional height is needed to be compatible with the height of other buildings within the development zone as determined by the Planning and Development Services Department Director .

Figure 6.4.4-B: Exceptions to Height Limit

(Am. Ord. 11070, 5/14/2013)

6.4.5. PERIMETER YARDS

   A.   Application

   A perimeter yard is required in accordance with the applicable zone as provided in Tables 6.3-1 through 6.3-7. The minimum required width of the perimeter yard for each development is based on the zoning classification of the adjacent  parcel (s) along each individual lot line .

   B.   Measurement

      1.   The width of the perimeter yard is the distance measured horizontally from a specified point to the face of each exterior building wall at the wall’s highest point. The specified point is the property line when it is an interior property line . Along a street  property line , the specified point is described in Section 6.4.5.C, Street  Perimeter Yard. (See Figure 6.4.5-B & -C.)

      2.   A vertical structural member(s) (i.e., post, column, dormer wall) supporting a roof extension from the principal structure is considered a wall for applying perimeter yard requirements.

      3.   The perimeter yard may have different widths at various points along the same property line , because the perimeter yard width is measured to the face of each vertical exterior surface of the building .

      4.   On cul-de-sac and eyebrow front lots , the minimum street yard depth may be measured from a straight line drawn between the front lot corners, rather than measured directly from the curved front property line , except as provided in Section 6.4.5.C.2.b, Carports and Garages in Single-Family and Duplex Development. In no case, however, shall the minimum street yard be reduced in excess of 50% by this alternative measurement. (See Figure 6.4.5-A.)

      5.   Where an unbroken section of a wall or a building is not parallel with the lot line , the required perimeter yard may be applied to the average width; however, such perimeter yard shall not be narrower at any point than half the required width, nor narrower at any point than three feet. (See Figure 6.4.5-A.)

Figure 6.4.5-A: Perimeter Yard Measurement

See Sec. 6.4.5.C

Figure 6.4.5-B: Example of Perimeter Yard (Wall Height = 20')

See Sec. 6.4.5.C

Figure 6.4.5-C: Example of Perimeter Yard (Wall Height = 32')

   C.   Street  Perimeter Yard

   The street  perimeter yard width is determined as provided below or unless special zoning requirements dictate a greater distance or different point of measurement.

      1.   Residential Development

         a.   For single-family and duplex development , the minimum required front street  perimeter yard is 20 feet measured from the street  property line .

         b.   Where a lot abuts more than one street, the owner chooses which street  lot line is the front lot line . From other than the front lot line , the street  perimeter yard is ten feet, as measured from the street  property line . For carports and garages which face the street , the minimum required street  perimeter yard is 20 feet regardless of the street .

         c.   For carports and garages in single-family and duplex development , the structural setback may be modified in accordance with Section 3.11.1, Design Development Option as follows:

            (1)   For garages , a minimum of 18 feet (the length of a standard parking space) must be provided in front of the garage door so that a full 18-foot parking space is available for parking on site.

            (2)   For carports , if the distance between the back of street curb and the carport is eight feet or less, a minimum of one-foot must be provided.

         d.   For residential development occurring as part of a unified subdivision, reduced setbacks are permitted as designated on the approved tentative plat . The minimum required front street  perimeter yard is five feet. Carports and garages are permitted as follows:

            (1)   If accessed from the side perimeter yard or perpendicular to the street , the minimum distance from street  property line is five feet, or

            (2)   If accessed from the front or parallel to the street , the minimum distance from street  property line is 18 feet, or

            (3)   If accessed from the front or parallel to a street with an ADT of 140 or less, the distance from the back of curb to the garage or carport may be eight feet or less. The garage or carport must be setback a minimum of one foot from the property line .

      2.   Nonresidential Development

         a.   For nonresidential and multifamily development  abutting an Arterial or Collector Street the minimum required street  perimeter yard is ten feet, as measured from the existing or future property line as determined by the adopted Major Streets and Routes Plan , whichever is greater.

         b.   For nonresidential and multifamily development  abutting a Local Street : the minimum required street  perimeter yard is 20 feet, as measured from the street  property line .

   D.   Exceptions

   Encroachment into the required perimeter yard is allowed as follows.

      1.   Interior Property Lines

      Along interior property lines , the following may extend two feet into the perimeter yard , provided the side or rear yard is not reduced to less than three feet:

         a.   Chimney;

         b.   Roof overhang; or,

         c.   Bay window.

      2.   Street  Property Lines

      Along street  property lines , the following may extend into the required width as provided below.

         a.   Within established areas , the following may extend two feet into the required street yard :

            (1)   Chimney;

            (2)   Roof overhang;

            (3)   Stairs;

            (4)   Bay window; or,

            (5)   Open structures .

         b.   On any corner lot , no fence, structure, object, or planting shall be erected or maintained to interfere with the sight visibility triangle provisions set forth in the Technical Manual.

      3.   Structures within Front Yards

         a.   Shade structures or carports may project up to ten feet into required perimeter yards . Such architectural features include, but are not limited to, overhangs, moveable insulating walls and roofs, detached solar collectors, reflectors, and piping.

         b.   A wall or fence not over six feet high may be erected within the limits of a perimeter yard .

      4.   Adjacency to Certain Nonresidential Uses in Residential Zones

      For projects in a nonresidential zone  adjacent to a residential zone , the perimeter yard may be modified to equal the nonresidential use adjacent to nonresidential zone  perimeter yard standard for the project ’s zone based upon a finding by the Zoning Administrator that one of the following applies:

         a.   The adjacent residential zone is a:

            (1)   Governmental use;

            (2)   Right-of-way ; or,

            (3)   Easement dedicated for floodplain, drainage, or utility easement.

         b.   For annexed properties only, the adjacent residential zone is used for commercial, industrial, storage, utility, or warehousing purposes at the time of annexation.

(Am. Ord. 11070, 5/14/2013; Am. Ord. 11171, 5/20/2014; Am. Ord. 11996, 3/21/2023)

6.4.6. FLOOR AREA RATIO

   A.   Purpose

   This Section provides a uniform method for calculating the floor area ratio.

   Floor Area (FA), as defined, does not include any interior motor vehicle parking or off-street loading that is accessory to the principal use .

   B.   Applicability  

   The FAR dimensional standard applies to residential and nonresidential development in the Airport Environs Zone. The maximum permitted FARs are identified in Section 5.6. The calculations are as follows:

   C.   Measurement

      1.   General

         a.   FARs are used in conjunction with lot coverage , perimeter yard requirements, and height limitations to determine and define the building bulk that may occur on a given site .

         b.   The FAR provides the maximum amount of floor area that can be developed on a site . However, the maximum permitted FAR is based on the most favorable situation and may not be achievable due to other development and dimensional standards .

         c.   The floor area may be divided into any number of dwelling units , principal buildings , and accessory buildings provided the combined square footage does not exceed the permitted floor area of the site .

      2.   Calculation

         a.   Multiply the area of the site , expressed in square feet, by the applicable FAR. The result is the maximum amount of floor area permitted on the site . See Figure 6.4.6-A for an example of the FAR calculation.

         b.   See the definition of "Gross Floor Area " (Section 11.4.8) and exception provided below for the types of improvements and site area that are and are not included in the FAR calculation.

         c.   Exception. Any site area  dedicated or sold at nominal cost to the City for public purposes is included as part of the site area for calculation of density , provided:

            (1)   The additional density is less than ten percent of the density permissible for the rest of the site area ;

            (2)   Such dedication was not a condition of approval for applications, such as, but not limited to, rezonings or variance requests;

            (3)   Such dedication does not include right-of-way  dedicated as part of a subdivision  plat ; and

            (4)   A deed for the area or a legally binding agreement to dedicate or sell at nominal cost to the City is submitted as part of the application.

Example: Nonresidential Project
FAR: 0.50
Site Area : 25,000 sq ft

Calculation
Site Area x FAR = Floor Area
25,000 sq ft x 0.50 = Floor Area
12,500 sq ft = Floor Area

Figure 6.4.6-B Floor Area Ratio (FAR) Calculation

(Ord. 11070, 5/14/2013; Am. Ord. 11171, 5/20/2014)

6.4.7 RESIDENTIAL DENSITY

   A.   Purpose

      This Section provides uniform methods for determining residential densities on individual sites .

   B.   Applicability

      Residential density for all residential projects is calculated as follows.

      1.   Residential density in residential projects is based on one dwelling unit per minimum size parcel by area, exclusive of any street and drainageway dedications or exclusive use easements. Because the acreage of a parcel used for street and drainageway purposes differs for each development  project , it is difficult to provide a simple calculation that would give an exact density figure.

         The following provide two methods of calculating approximate density for a project . The number of units obtained through these calculations is an estimate and can only be verified by the actual design of the project . Should there be a need to express a density ratio per acre , for comparison purposes only, such ratio will be calculated using the second method assuming 30 percent of the site would be used for streets , drainageways, or other uses whose acreage is not included to calculate allowable density .

         a.   The first method of calculation gives the highest possible density that can be achieved on a parcel . However, to achieve this density , the following two design criteria must be present. (See Figure 6.4.7-A Residential Density , Method 1)

            i.   The property can be developed without additional dedications for streets , drainageways, or exclusive use easements.

            ii.   Each lot is the minimum size permitted by the underlying zone .

            The site area , expressed in square feet, is divided by the minimum lot size permitted by the underlying zone .

            Site Area : 71,400 square feet (sf) or 1.64 acres
            Minimum lot size : 7,000 sf
            Approximate No. of Units   = Site Area ÷ Minimum Lot Size
                        = 71,400 sf ÷ 7,000 sf
                        = 10.2 units
                        = 10 units + .2 remainder
               Approximate Density   = Units ÷ Site Area
                        = 10.2 units ÷ 1.64 acres
                        = 6.22 dwelling units/acres

Figure 6.4.7-A Residential Density , Method 1

         b.   The second method assumes that the project design requires dedication of either streets , drainageways, or exclusive use easements or will have other site conditions that do not allow every square foot of the property to be included in an individual lot . Also, due to varying widths of street and drainageway rights-of-way and lot configurations, it is impossible to project an exact number of units or lots that can be achieved. Since the amount of site area used for streets , drainageways, etc., varies from project to project , it is necessary to approximate the amount of site area by percentage that will be needed for those purposes. It will be assumed, to illustrate the calculations, that 30 percent of the site area will be utilized for such purposes. (See Figure 6.4.7-B Residential Density , Method 2)

            The calculation is the site area , expressed in square feet, minus 30 percent of the site area , divided by the minimum lot size permitted by the underlying zone .

Site Area : 87,120 square feet (sf) or 2 acres
Minimum lot size : 7,000 sf
Site area for streets, etc.: 26,136 sf (approximately 30%)
Approx. No. of Units   = (Site Area - 30% of Site Area ) ÷ Minimum Lot Size
         = (87,120 sf - 26,136 sf) ÷ 7,000 sf
         = 8.71 units
         = 8 units + .71 remainder
Approx. Density   = Units ÷ Site Area
         = 8 units ÷ 2 acres
         = 4 dwelling units/acres

Figure 6.4.7-B Residential Density , Method 2

      2.   Residential density in multifamily projects developed is calculated in the following manner.

         a.   Multiply the area of the site , in acreage, by the density (units per acre ratio) permitted by the underlying zoning.

               Example:
               Units Per Acre Ratio: 15.0
               Project  Site Area : 6 acres
               Calculation:
               Units per acre x site area = no. of units
               15 x 6 = 90 units

         b.   Exception. Any site area  dedicated or sold at nominal cost to the City for public purposes is included as part of the site area for calculation of density , provided:

            i.   The additional density is less than 10 percent of the density permissible for the rest of the site area ;

            ii.   Such dedication was not a condition of approval for applications, such as, but not limited to, rezonings or variance requests;

            iii.   Such dedication does not include right-of-way  dedicated as part of a subdivision  plat ; and

            iv.   A legally binding agreement to dedicate or sell at nominal cost to the City is submitted as part of the application.

      3.   Residential density in Flexible Lot  Development  projects is based on the developable area (as defined in Section 11.4.5 Definitions - D) of the site .

(Ord. 11171, 5/20/2014)

6.5. PRINCIPAL LAND USE

6.5.1. ONE OR MORE PRINCIPAL USES , SEPARATE PROJECTS

   One or more principal uses conducted as separate projects on a parcel is considered individually in determining the respective Land Use Classes and dimensional standards

6.5.2. TWO OR MORE PRINCIPAL USES , SAME PROJECT

   Two or more principal uses conducted as a single project , which integrates elements of the various uses, such as, but not limited to, vehicular parking, vehicular and pedestrian access, refuse collection, and loading services, as common use among the various uses in the project , shall have dimensional standards applied as follows:

   A.   Two or More Uses, Same Dimensional Standards

   On projects with two or more uses that have the same dimensional standards, the dimensional standard requirements shall be applied on the site as if there were only one use.

   B.   Two or More Uses, Different Dimensional Standards

   Projects without a residential component shall calculate the residential density (RAC), setbacks and the minimum lot size standards separately for the residential use. All other uses shall use the dimensional standards of the principal use having the least restrictive dimensional standards.

6.6. ACCESSORY USES , BUILDINGS , AND STRUCTURES

   Accessory uses and buildings are permitted in all zoning districts . Those land uses and buildings associated with and incidental to a principal building are accessory and subject to the provisions described below.