§ 35-310.01. Generally.  


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  • (a)

    No building permit shall be issued unless the proposed development conforms to the design regulations prescribed within the applicable zoning district. Rules for interpreting the design regulations are included in the lot layout, height, and density/intensity standards (article V, division 4 of this chapter (sections 35-515 to 35-517)).

    (b)

    The design regulations for each district are included in Table 310-1 below. The design standards are illustrated graphically for each zoning district in a subsection entitled "Summary of Lot and Building Specifications" in each section 35-310.01 to 35-310.14, below. To the extent that there is any inconsistency between the provisions of Table 310-1 and the illustrations in the summaries of lot and building specifications, below, the provisions of Table 310-1 shall govern. Specific rules of interpretation and exceptions to the zoning district design regulations are as set forth in the lot layout, height, and density/intensity standards (article V, division 4 of this chapter).

    Table 310-1
    Lot and Building Dimensions Table

    (A) (B) (C) (D) (E) (F) G) (H) (I) (J) (K) (L) (M) (N)
    LOT DIMENSIONS BUILDING ON LOT BUILDING
    Zoning
    District
    Lot Size (min) Lot Size (max) Density (max)
    (units/acre)
    Street Frontage
    (min)
    Width (min) Width (max) Front Setback
    (min) * * * *
    Front Setback
    (max)
    Side Setback
    (min)
    Rear Setback
    (min)
    Height (max)
    (feet/#of stories)
    Size - Individual
    Building Size (max)
    Size - Aggregate
    Building Size (max)
    RP 10 acres 0.1 15 5 35/2-½
    RE 43,560 1 100 120 15 5 30 35/2-½
    R-20 20,000 2 65 90 10 5 30 35/2-½
    R-6 6,000 7 30 50 150 10 5 20 35/2-½
    R-5 5,000 9 30 45 150 10 5 20 35/2-½
    R-4 4,000 11 20 35 150 10 5 20 35/2-½
    R-3 3,000 15 20 10 35 5 10 35/3 70% of lot area
    R-2 2,000 2.999 15 20 10 5 5 35/3 50% of lot area
    R-1 1,250 1.999 15 20 10 5 5 35/3 45% of lot area
    RM-6 6,000 7 15 15 150 10 5 20 35/3
    RM-5 5,000 9 15 15 100 10 5 10 35/3
    RM-4 4,000 11 15 15 80 10 5 10 35/3
    MF-18 1, 4 18 50 50 20 3, 4, 6 5 10 35
    "MF-25"
    1, 4, 8
    25 50 50 20 3, 4, 6 5 10 35
    "MF-33"
    1, 4, 8
    33 50 50 20 3, 4, 6 5 10 45
    "MF-40"
    1, 4, 8
    40 50 50 20 3, 4, 6 5 10 60
    "MF-50"
    1, 4, 8
    50 50 50 20 3, 4, 6 5 10
    "MF-65"
    1, 4
    65 50 50 20 3, 4, 6 5 10
    O-1 50 50 35 20 30 25 10,000 90,000
    O-1.5 50 50 35 20 30 60
    O-2 50 25 80 20 30
    NC 20 15 10 30 25 3,000 5,000
    C-1 50 50 20 10 30 25 5,000 15,000
    C-2 20 10 30 25
    C-2P 20 35 10 30 25
    C-3 20 30 30 35
    D
    L 80 25 30 30 35
    I-1 80 80 30 30 30 60
    I-2 100 100 30 50 50 60
    UD-Single-family 10,000 15 15 150 10 20 0 10 35/2-½
    UD-Multi-family-15 15 50 50 10 20 5 10 35 15 units
    UD-Multi-family-33 33 50 50 10 20 5 10 150 units
    UD Major Node 20 0 35 10 30 35
    UD Minor Node 20 0 35 10 30 25 6,000
    RD-Single-family 43,560 1 100 120 15 5 30 35/2-½
    RD Major Node 20 0 35 10 30 25
    RD Minor Node 20 0 35 10 30 25 6,000
    FR-Single-family 25 acres* 0.04 15 5 35/2-½ 35/2-½
    FR-Ag Commercial 25 acres* 15 5 35/2-½ 35/2-½
    FR Minor Node** 50 10 30 6,000
    FR Village Center 2 acres 300 10 30
    MI-1 80 80 *** 30 50 60
    MI-1
    Minor Node**
    50 *** 10 30 6,000
    MI-1
    Village Center
    2 acres 300 *** 10 30
    MI-2 100 100 *** 50 50 150
    MI-2
    Minor Node**
    50 *** 10 30 6,000
    MI-2
    Village Center
    2 acres 300 *** 10 30

     

    * Exception allowed for pre-existing lots of record.
    ** See regulations for location standards.
    *** See Table 35-310.18-1 and 35-310.19 for minimum setback standards on specific street classifications.
    **** Subdivision recreation facilities provided for the primary use of the subdivision's residents and located on property with a single-family zoning category shall be exempt from the front setbacks of Table 310-1.
     Rules for Interpretation of Table 310-1:
    Generally . The requirements for the parameters set forth in columns (B) through (N), above, relate to the zoning district specified in the row under column (A), above. A dash (—) indicates that the requirement does not apply within the particular zoning district. Except for column (B), (C), (D), (M), and (N) or otherwise notated the dimensions specified in columns (B) through (N) are expressed in linear feet. The dimensions specified in columns (B), (C), (D), (M), and (N) are expressed in square feet or acres unless otherwise provided. Rules of interpretation and additional standards for setback and height requirements are set forth in the lot layout, height and density/intensity standards (sections 35-515 to 35-517 of this chapter).
    Column (B) and (C): Minimum lot size column (B) and maximum lot size column (C) applies only to Conventional Option, single-family detached developments (see section 35-201 of this chapter). The minimum lot size figures are expressed in square feet, unless otherwise indicated. Additional rules of interpretation are set forth in subsection (d) of this section for minimum lot area.
    Column (D): The maximum density requirements (column (D)) are expressed in dwelling units per gross acre. Additional rules of interpretation are set forth in section 35-515 of this chapter.
    Column (E): Frontage is defined as the distance where a property line is common with a street right-of-way line. For irregular shaped lots, see subsection 35-515(c)(4).
    Column (F) : Minimum lot width is defined as the width of the lot at the front setback line. For irregular shaped lots, lot width shall be measured at the front building line rather than the front setback line.
    Column (G): Maximum lot widths apply only to detached single-family residential development.
    Column (J): The side setback requirements in the "RM-4," "RM-5," "RM-6," "R-3," "R-4," "R-5" and "R-6" districts may be reduced in accordance with section 35-373 of this article. Additional setbacks are required for height increases as set forth in subsection 35-517(d).
    Column (K): Rear setback requirements shall not apply to any use in the "NC," "O-1," "O-1.5," "O-2," "C-1," "C-2," or "C-3" zoning districts which abuts an alley or another structure within any of these districts. Notwithstanding the requirements of Table 310-1, an "MF-18," "MF-25,"" MF-33," "MF-40" or "MF-50" zoning district adjoining a platted subdivision zoned single-family residential use shall have a minimum rear setback of forty (40) feet, and parking areas shall be located at least five (5) feet from any fence along the rear property line.
    Column (L): Height. The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof. All dimensions are in feet provided, however, that for zoning districts "RP" through "RM-4," the first number refers to feet and the second number refers to stories. A "story" is that part of a building between the surface of a floor and the ceiling immediately above. Additional height may be provided pursuant to subsection 35-517(d).
    Column (M): Dimensions are in square footage. See sections 35-310.17 and 35-310.18 for specific rules of interpretation. Additional square footage may be available if a specific use authorization is approved, in accordance with these provisions.
    Column (N): The aggregate square footage refers only to nonresidential square footage. Where residential uses are permitted, (1) the square footage of nonresidential uses within the contiguous boundaries of the district may not exceed the aggregate square footage, and (2) the aggregate square footage may be exceeded where the square footage exceeding the maximum aggregate square footage is devoted to residential uses.
    Note (1) - column (A): See sections 35-372, 35-373, 35-515, and 35-516 of this chapter for standards applicable to zero lot line dwellings and uses other than detached single-family dwellings.
    Note (2) - columns (J) and (K): Applies only to the setback area measured from a lot line which abuts a residential use or residential zoning district. The side or rear setback shall be eliminated where the use does not abut a residential use or residential zoning district or the two districts are separated by a public right-of-way. The indicated setback would not apply if the subject property adjoins a residentially zoned property (single-family or multi-family) which is occupied by an existing nonresidential use such as a public or private use school, church, park and/or golf course.
    Note (3) - Public and parochial school facilities and religious institutions whose primary activity is worship shall be exempt from the mandatory maximum front setback provision.
    Note (4) - Single-family lot development within an "MF" multi-family zoning district shall meet the minimum lot requirements for an "R-4" zoning district.
    Note (5) - Maximum front setback for "RD" and "UD" commercial uses shall not apply to flag lots or properties with primary frontage on expressways and parkways.
    Note (6) - For a lot with one hundred (100) feet or more of frontage along a public or private street the maximum front setback of twenty (20) feet in "MF-18," "MF-25," " "MF-33"," "MF-40," and "MF-50" may be extended to ninety (90) feet provided that no parking or drives other than egress/ingress drives shall be located within twenty (20) feet of the front property line. For a lot with less than fifty (50) feet of frontage on a public street the front setback shall be at least twenty (20) feet and shall be measured from the point at which the lot first becomes wider than fifty (50) feet in width.
    Note (7) - May vary in accordance with subsection 35-410.05a(b)(3).
    Note (8) - When multi-family units (apartments) are developed in a non-multifamily zoning district as stand alone apartments the buildings and lot shall conform to the standards of development (setback, yards, buffer, landscaping, etc.) for one of the following "MF-18," "MF-25," "MF-33," "MF-40" or "MF-50" zoning districts. The specific district shall be determined by the density to which the apartments are being developed.
    Note (9) - Site planning and architectural criteria for the "D" Downtown Zoning District can be found in the Downtown Design Guide in Appendix G of this chapter.
    Note (10) - Buildings shall contain ground level fenestration (transparent windows and openings at street level) of not less than 30%. Parking areas for new buildings or structures shall be located behind the front façade of the principal use or principal building. For "O-1"and "C-1", parking shall be located behind the front facade of the principal use or principal building, provided that up to two (2) rows of parking may be located to the front of the principal use or principal building.

     

    35-310-01.png

    (c)

    Unless expressly permitted as an accessory use, a use permitted in the "RE," "R-20," "R-6," "R-5," "R-4," "RM-6," "RM-5," "RM-4," "MF-18," "MF-25," "MF-33," "MF-40," or "MF-50" districts must occur within a completely enclosed structure.

    (d)

    An application approval of a subdivision plat within the incorporated areas of the city must comply with Table 310-2, below, where the proposed subdivision abuts an existing subdivision which was recorded and substantially developed as of the effective date of this chapter (hereinafter the "existing subdivision"). The lots abutting the existing subdivision ("buffer lots") must comply with the lot and building dimensions of Table 310-1 for the "R-20" zoning district and be at least one hundred (100) feet in depth (as measured from front lot line to the rear lot line) and comply with the minimum area requirements identified in Table 310-2. Open space and passive recreation areas may be allowed on such required buffer lots provided, however, that no vehicular parking areas, driveways, or structures associated with such passive recreation shall be located within fifty (50) feet of the perimeter of the existing subdivision. No private or public street or ingress/egress easement shall be allowed or constructed within one hundred (100) feet of the perimeter of the existing subdivision.

    Table 310-2
    DESIGN REGULATIONS

    Zoning of Adjacent
    Subdivision
    Minimum Required Area of
    Buffer Lots
    R-20 20,000 square feet
    RE 20,000 square feet

     

(Ord. No. 95490 § 1) (Ord. No. 96564 § 2) (Ord. No. 97568 § 2) (Ord. No. 98091 § 3) (Ord. No. 99555 § 4) (Ord. No. 100126) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12) (Ord. No. 2014-04-03-0206, § 6, 4-3-14; Ord. No. 2015-12-17-1077 , § 2, 12-17-15; Ord. No. 2018-11-15-0913 , § 2, 11-1-18)