In order to provide a clear line of sight for the drivers of approaching motor vehicles, the following requirements shall apply:
(1) On a corner lot in the R1, R2, R3, R4, R5, R6, and residential PD Districts, no opaque fence, wall, hedge, or other structure, shrubbery, mounds of earth or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within the “clear vision triangle,” as described in Subsection (3) of this section;
(2) Subsection (1) of this section shall not apply to public utility poles; trees trimmed to the trunk to a line at least six feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; supporting members of appurtenances to permanent structures existing on the date the ordinance from which this amendment is derived becomes effective; and official warning signs or signals;
(3) The “clear vision triangle” is that area formed by extending the two curb lines a distance of 45 feet from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle;
(4) In cases where streets do not intersect at approximately right angles, the Department of Public Works Traffic Engineering Division shall have the authority to vary these requirements as it deems necessary to provide safety for both vehicular and pedestrian traffic, provided, that site distance in excess of 275 feet shall not be required.
(5) See Section 50-14-381 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The following provisions shall apply to B3 and B4 Districts:
(1) The maximum height for each principal use in the B3 and B4 Districts shall not exceed 35 feet;
(2) Where the zoning lot fronts on a street which is 80 feet or more in width, and is designated by the Master Plan as a major or secondary thoroughfare, and where the outer most point of the proposed building on said zoning lot is 40 feet or more from the nearest point of the lot line of all R1, R2, and R3 Districts, the maximum height may be increased, as a matter of right, one foot for each one foot of street width greater than 80 feet, provided, that in no case shall the building exceed 80 feet in height; and
(3) Where the zoning lot fronts on a street which is 80 feet or more in width, and is designated by the Master Plan as a major or secondary thoroughfare, and where the zoning lot abuts, is adjacent to, or across an alley from any zoning district other than an R1, R2, R3 or residential PD District, the maximum height may be increased, by right, one foot for each one foot of street width greater than 80 feet, regardless of the location of the proposed structure, provided, that in no case shall the building exceed 80 feet in height.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The maximum height for each principal use shall not exceed 35 feet; provided, that:
(1) Where the zoning lot fronts on a street which is 80 feet or more in width, and is designated by the Master Plan as a major or secondary thoroughfare, and where the outermost point of the proposed building on said zoning lot is 40 feet or more from the nearest point of the lot line of all R1, R2, and R3 Districts, the maximum height may be increased by right, one foot for each one foot of street width greater than 80 feet, provided, that in no case shall the building exceed 80 feet in height; and
(2) Where the zoning lot fronts on a street which is 80 feet or more in width, and is designated by the Master Plan as a major or secondary thoroughfare, and where the zoning lot abuts or is adjacent to, or across an alley from, any zoning district other than an R1, R2 or R3 District, the maximum height may be increased, by right, one foot for each one foot of street width greater than 80 feet, regardless of the location of the proposed structure, provided, that in no case shall the building exceed 80 feet in height.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Intensity and dimensional standards in the SD1 Special Development District, Residential/Commercial, are as follows:
| Use | Minimum Lot Dimensions |
Minimum Setbacks (feet) |
Max. Height (feet) |
Max. Lot Coverage (%)
|
Max FAR |
Add'l. Regs. |
|||
| Area (sq. ft.) |
Width (feet) |
Front | Side* | Rear | |||||
| Sec. Reference | Section 50-13-222 | Section 50-16-382 | Section 50-16-382 | Section 50-13-231 | Section 50-13-232 | Section 50-13-236 Section 50-13-237 |
|||
| *Formula A = Length (feet) + 2 (height) / 15 *Formula B = Length (feet) + 2 (height) / 6 | |||||||||
| Gas regulator stations, electric transformer stations, telephone exchange buildings | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
||||||
| Establishment for the sale of beer or alcoholic liquor for consumption on the premises | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Fraternity or sorority houses | 7,000
|
70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Hotels | 7,000
|
70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Libraries or museums | 7,000
|
70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Marinas | 20 | 20 | Section 50-13-172 | ||||||
| Multiple-family dwellings | 7,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
(0.07 RSR)
|
||
| Neighborhood centers (non-profit) | 7,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Outdoor recreation facilities | Section 50-13-211 | ||||||||
| Parking lots or parking areas | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
Article XIV, Division 1, Subdivision I | |||||
| Parking structures |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
Section 50-13-183 | ||||
| Personal service establishment as defined in Section 50-16-341 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Radio, television, or household appliance repair shop | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Religious institutions |
10,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Residential use combined in structures with permitted (first floor) commercial uses | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
50, not to exceed 4 stories; see Section 50-11-215 |
|||||
| Restaurants | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Rooming houses | 7,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
(0.07 RSR) | ||
| Schools | 10,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||
| Single-family dwellings; religious residential facilities | 5,000 | 50 | 20 | 4 ft. minimum/ 14 ft. combined |
30 | 35 | |||
| Specially designated distributor's (SDD) establishments | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Specially designated merchant's (SDM) establishments | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Stores of a generally recognized retail nature whose primary business is the sale of new merchandise | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
|||||
| Townhouses (attached group) | 7,000 | 70
|
20 | Formula A | 30 | 35 | 1.50 | Section 50-13-186 | |
| Agricultural uses | See Section 50-11-215 |
See Section 50-12-409 |
Section 50-12-409 | ||||||
| All mixed use | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
50, not to exceed 4 stories; see Section 50-11-215 |
|||||
| All other uses, other than mixed use | 7,000 | 70 | See Section 50-11-215 |
See Section 50-11-215 |
See Section 50-11-215 |
35 | |||
Trees, shrubs, flowers, fences, walls, hedges, and other landscape features may be located within any required setback. In addition, the following table lists features that may be located within any required setbacks, subject to the specific limitations that are delineated:
| Feature That May Encroach or Project Into Required Setback | Limitation |
| Driveways leading directly to accessory off-street parking and/or loading areas and/or structures and/or pedestrian pick-up/drop-of areas. | No limitations, unless otherwise specified. |
| Access roads leading to accessory parking and/or loading areas and/or structures and/or pedestrian pick-up/drop-off areas. | Does not apply to access roads in R1, R2. |
| Antennas, including satellite dishes in excess of 36 inches in diameter, amateur licensed radio antennas, and similar personal communication device reception towers and facilities | May project into or encroach upon a required front or side setback area only where prohibition of such devices or facilities would substantially interfere with reception to the extent they are rendered inoperable. |
| Awnings, patio covers, and pergolas (attached) |
May not be located less than ten feet from the rear property line and 18 inches from a side property line, measured from the eave, provided, that the roof area does not exceed one-third of the area of the required rear setback. The required setback may be reduced to five feet from the rear property line and 18 inches from a side property line, measured from the eave, provided, that the setback is bounded by a solid masonry fence at least five feet in height. (Detached shade structures and carports are treated as "accessory structures").
|
| Balconies | May project not more than six feet into a front or rear setback, and three feet into a side setback. |
| Bay windows | May project not more than 2.5 feet into a required setback. |
| Carports (attached) | May not be located less than three feet from a side property line, and may not be located in required front setback. In addition, carports shall be designed so as to prevent runoff onto adjacent properties. (See also Section 50-16-151.) |
| Chimneys, fireplaces, pilasters, smokestacks, and window air conditioners not exceeding six square feet in area | May project or encroach not more than 16 inches into a required side setback. |
| Clothesline posts | No limitations in side or rear setbacks. May not be located in required front setback. |
| Cornices, eaves, mechanical equipment, and ornamental features | May project not more than 14 inches into any required side setback. |
| Curbs, and sidewalks | No limitations. |
| Fences | See Section 50-14-381. |
| Fire escapes, stairways, and balconies which are open and unenclosed, and marquees | May project not more than five feet into a required setback. |
| Flagpoles | No limitations. |
| Garages and other accessory structures (attached or unattached) | May encroach into the rear setback up to the lot line where an alley provides vehicle access to the property. Where there is no alley, garages and other accessory structures may not be located less than three feet from the rear lot line except for the reconstruction of damaged accessory structures on an existing foundation. Unattached garages and other accessory structures may not be located less than three feet from a side property line except for the reconstruction of damaged accessory structures on an existing foundation, and may not be located in required front setback. Attached garages shall be subject to the setback provisions for the dwellings to which they are attached. In addition, garages and other accessory structures shall be designed so as to prevent runoff onto adjacent properties. |
| Parking and driveways | Operable private passenger vehicles may be parked on the driveway in only one side setback and the continuation of that side setback into the front setback to the property line. The area shall be maintained in a dust-free condition at all times. No mechanical maintenance or vehicular repairs shall be conducted in this area. (See additional regulations in Article XIV, Division 1, Subdivision K.) |
| Porches (enclosed) | May project not more than eight feet into required front and rear setbacks, subject to applicable sections of Chapter 8, Article II, of this Code, Building Code , that pertain to such existing porches. (See additional regulations in Section 50-13-226(2)) |
| Porches (unenclosed) and decks | May project not more than eight feet into a required front or rear setback. No unenclosed porch shall be constructed within any required side setback. |
| Ramps for persons with disabilities | Subject to applicable sections of Chapter 8, Article II, of this Code, Building Code. (See also Section 50-13-226(3)) |
| Signs | Regulated in accordance with Chapter 4 of this Code. |
| Yard and service lighting fixtures, poles | May not be located less than three feet from any lot line. |
(1) Fences. See Section 50-14-381 of this Code.
(2) Porches (enclosed). Front and rear porches may project not more than eight feet into required front and rear setbacks subject to applicable sections of Chapter 8, Article II, of this Code, Building Code, that pertain to such existing porches:
a. Such structures are subject to the approval of the Buildings, Safety Engineering, and Environmental Department after receipt of a report and recommendation from the Planning and Development Department. Such report and recommendation shall be submitted within 15 working days of the receipt of the requires from the Buildings, Safety Engineering, and Environmental Department, after which time the Buildings, Safety Engineering, and Environmental Department may proceed with or without said report and recommendation. The Planning and Development Department may recommend changes and or special conditions to the proposed structures, and recommend approval of the proposed structure as adjusted. The Planning and Development Department shall review and determine the following:
1. That the proposed structure is compatible with the existing structure and surrounding area; and
2. That the proposed structure does not alter or damage significant architectural elements of the existing residential structure.
b. Such structure shall be erected and maintained in accordance with the following criteria (Note: Front and rear porches that do not project into a required setback are not subject to the following criteria.):
1. The structure shall be enclosed with screen panels or windows, or a combination thereof. The structure may be enclosed with kickplates not exceeding 42 inches in height above the floor of the porch. Existing opaque materials, not exceeding 42 inches in height above the floor of the existing porch, shall be permitted;
2. The structure shall not be enclosed in any way by opaque materials, with the exception of railings, kickplates, or existing opaque material, none of which may exceed 42 inches in height above the floor of the existing porch;
3. The exterior of the entire structure shall be maintained in a color consistent with the existing residential structure or with the surrounding residential neighborhood; and
4. The structure shall not be weather insulated, nor have any heating system installed which makes such structure habitable year round, or usable as a general living area.
(3) Ramps. Ramps for persons with disabilities subject to applicable provisions of the Chapter 8, Article IL of this Code, Building Code, are permitted in rear setbacks and may project into required front and side setbacks by right. In no instance shall any part of such ramps be located nearer than two feet to any property line. Such structures shall be erected and maintained in accordance with the following criteria:
a. Ramps for persons with disabilities that project into the required front or side setbacks and are constructed of material other than masonry or concrete or pressure-treated wood or pre-treated synthetics, shall be painted or treated to match the color of the exterior trim or siding of the principal building or painted to blend with the exterior landscaping of the lot;
b. Open areas underneath ramps for persons with disabilities shall be screened from view by appropriate shrubbery or raised flower beds or raised berm areas, or their equivalent;
c. In addition to handrails or guardrails as required by Chapter 8, Article II, of this Code, Building Code, ramps for persons with disabilities shall be provided with a top rail that covers the exposed tops of the support posts or piers.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
This division presents options for residential development patterns that may be undertaken as alternatives to the dimensional requirements that are set out in Divisions 1 and 2 of this article. Pursuant to Article III, Division 5, of this chapter, all development options that are set out in this division must be approved during site plan review. These alternative development options may be further limited or modified by other applicable provisions of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).