§ 38-352. Notes to schedule.
The following are notes to the schedule in section 38-351:
(a)
See section 38-353, average lot size, and section 38-354, subdivision open space plan, regarding reflexibility allowances.
(b)
For all uses permitted other than one-family residential, the setback shall be governed by the formula in footnote (d) below, or by the setback required in section 38-53 or by 38-351, whichever is greater.
(c)
In the case of a rear yard abutting a side yard, the side yard setback abutting a street shall not be less than the minimum front yard setback of the district in which located and all regulations applicable to a front yard shall apply.
(d)
Along those property lines which abut a one-family residential district, the minimum required yard shall be determined by the following formula:
Y = L + 2H / 4
Along those property lines which do not have the above described relationship to property zoned in a one-family residential district classification, the minimum required yard shall be determined by the following formula:
Y = L + 2H / 6
The symbols used above shall be defined as follows:
Y = required yard.
L = the total length of that portion of a lot line from which, when viewed directly from above, lines drawn perpendicular from the lot line will intersect any part of the building other than permitted yard encroachments.
H = height of building as defined in section 38-5.
Where a lot line abuts a street, one-third the width of the right-of-way of the street may be considered as yard setback; but in no instance including the above, shall any yard be less than those indicated in section 38-351.
In the RM-2 districts, not more than fifty (50) percent of any required front yard shall be used for vehicular parking or driveways.
(e)
In the RM-1 district, the total number of rooms of eighty (80) square feet or more (not including kitchen, dining or sanitary facilities) shall not be more than the area of the parcel in square feet, divided by twelve hundred (1200) for any buildings of two (2) stories or less and eight hundred fifty (850) for buildings of two and one-half (2½) or three (3) stories.
(f)
The minimum zoning lot in an RM district shall be ten thousand (10,000) square feet in area. In all the RM districts, for the purposes of computing the permitted number of dwelling units per acre, the following room assignments shall control:
Efficiency = 1 room
One bedroom = 2 rooms
Two bedroom = 3 rooms
Three bedroom = 4 rooms
Four bedroom = 5 rooms
Plans presented showing 1, 2 or 3 bedroom units and including a "den," "library" or other extra room shall count such extra room as a bedroom for the purpose of computing density.
The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or bounding roads. All units shall have at least one (1) living room and one (1) bedroom, except that not more than twenty (20) percent of the units may be of an efficiency apartment type.
(g)
In the RM-2 districts, the total number of rooms of eighty (80) square feet or more (not including kitchen, dining or sanitary facilities) shall not be more than the area of the parcel in square feet divided by seven hundred (700) for any buildings of two and one-half (2½) to four (4) stories and four hundred (400) for buildings of four and one-half (4½) or more stories. For buildings of two (2) stories or less in height, the requirements of the RM-1 district shall apply.
(h)
In all the RM districts, the minimum distance between any two (2) buildings shall be regulated according to the length and height of such buildings, and in no instance shall this distance be less than twenty (20) feet in an RM-1 district and thirty (30) feet in an RM-2 district. Parking may be permitted within a required side or rear yard but shall not cover more than thirty (30) percent of the area of any required yard, or any minimum distance between buildings. A minimum fifteen (15) foot strip of lawns or walks shall be maintained between buildings and parking lots. The formula regulating the required minimum distance between two (2) buildings in all RM-1 and RM-2 districts is as follows:
S = L A + L B + 2(H A + H B ) , where
6S = Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either.
L A = Total of building A.
The total length of building A is the length of that portion or portions of a wall or walls of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.
L B = Total length of building B.
The total length of building B is the length of that portion or portions of a wall or walls of building B from which, when viewed directly from above, the lines drawn perpendicular to building B will intersect any wall of building A.
H A = Height of building A.
The height of building A at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
H B = Height of building B.
The height of building B at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
(i)
The minimum floor area per unit shall be as follows:
(1)
Efficiency unit - 350 sq. ft.
(2)
One bedroom - 450 sq. ft.
(3)
Two bedroom - 600 sq. ft.
(4)
Three bedroom - 800 sq. ft.
(5)
Four bedroom - 1,000 sq. ft.
(j)
The front yard shall be a minimum of fifteen (15) feet or fifteen (15) percent of the depth of the lot, whichever is greater, provided that the maximum setback so required shall be sixty (60) feet.
(k)
Off-street parking shall be permitted within the front yard.
(l)
No side yards are required along the interior side lot lines of the district, except as otherwise specified in the building code. On a corner lot which borders on a residential district to the rear, there shall be provided a setback of twenty (20) feet on the side or residential street. On an exterior side yard abutting a residential district or abutting a street, there shall be provided a setback of ten (10) feet in width.
(m)
Loading space shall be provided in the rear yard in the ratio of at least ten (10) square feet per front foot of building and shall be computed separately from the off-street parking requirements; except in the instance of O-1 districts, loading space shall be provided in the ratio of five (5) square feet per front foot of building. Where an alley exists or is provided at the rear of buildings, the rear building setback and loading requirements may be computed from the center of said alley.
(n)
When adjacent to a R-1, R-2 or RT-1 district, the minimum rear yard setback shall be ten (10) feet or ten (10) percent of the depth of the lot, whichever is greater, provided that the maximum setback so required shall be sixty (60) feet.
(o)
No building shall be closer than seventy-five (75) feet to any adjacent residential district or to any public street.
(p)
There shall be no specific height limitation in a CBD district; provided, however, that prior to the issuance of a building permit for any structure over thirty-five (35) feet in height, the council, after recommendation of the planning commission, shall make a finding that any such excessive height will not be detrimental to the light, air or privacy of any other structure or use currently existing or approved for construction and that fire protection can be provided by the city. In approving a height in excess of thirty-five (35) feet, the council may follow the standard in floor area ratio set forth below:
(1)
In the CBD district, the maximum floor area ratio for a zoning lot shall not exceed 4.0.
(2)
For each square foot of plaza provided on a zoning lot, the total area permitted by the floor area ratio, set forth above, may be increased by three (3) square feet.
(q)
Off-street parking for visitors, over and above the number of spaces required under section 38-380, may be permitted within the required front yard provided that such off-street parking spaces are not located within twenty (20) feet of the front lot line.
(r)
No building shall be located closer than fifty (50) feet to the outer perimeter (property line) of such district when said property line abuts any residential district.
(s)
All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than six (6) feet high, or with a chain link type fence and a greenbelt planting so as to obscure all view from any adjacent residential, office or business district or from a public street. Loading areas shall be provided in accordance with section 38-382.
(t)
Where there exists in any city block in the R-1 and R-2 districts the setting of over fifty-one (51) percent of the dwelling units with legal nonconforming front yard setbacks less than twenty-five (25) feet, a building permit may be issued for a one-family or two-family dwelling unit or an addition to an existing unit for a proposed setback that is equivalent to the setback of over fifty-one (51) percent of the dwelling units in said city block, provided that no setback on a corner lot will be less than that required for corner clearance as specified in section 38-388.
(u)
The ground floor area shall not be less than seven hundred fifty (750) square feet.
(v)
In order to compare favorably with existing housing within the city, the minimum width of a new dwelling unit not located in a mobile home park shall be twenty-four (24) feet for a core area of seven hundred twenty (720) square feet; furthermore, said unit shall be placed on a full perimeter foundation.
(w)
See section 38-395(2) for regulation of height, bulk, setback, density and area.
(Code 1977, § 5.72; Ord. No. 454, § 2, 8-15-88; Ord. No. 478, § 1, 11-19-90; Ord. No. 662, § 1, 10-18-04)