HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2004 - FIRST READING OF ORDINANCE NO. 063, 2004, AMENDINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 31
DATE: April 6, 2004
STAFF: Cameron Gloss
SUBJECT
First Reading of Ordinance No. 063, 2004, Amending the Land Use Code to Address Issues
Pertaining to Carriage Houses and Accessory Buildings Within the NCL, NCM and NCB Zone
Districts.
RECOMMENDATION
Staff and the Planning and Zoning Board recommend adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
This is a request for amendments to the Land Use Code related to the design and construction of
dwelling units and accessory buildings located along alleys within the Eastside and Westside
Neighborhoods. The Land Use Code changes are a response to issues raised in a moratorium
approved by City Council in January 2004.
1. Policy Basis
Public policies calling for the addition of dwelling units within the Old Town Area pre-date the
adoption of City Plan and the present Land Use Code. The underlying three zoning districts
composing the moratorium area: Neighborhood Conservation-Low Density (NCL), Neighborhood
Conservation-Medium Density (NCM) and Neighborhood Conservation- Buffer (NCB), were
created as a direct result of the Eastside (1986) and Westside (1989) Neighborhood Plans.
The City’s strategy of permitting secondary units at the rear of the lot, typically referred to as “alley
houses” or “carriage houses”, has been similar to efforts employed in Portland and Seattle. These
units have the potential of providing needed affordable housing options in close proximity to activity
centers like the downtown and CSU, and that are served by existing infrastructure. They can
promote diversity- inhabitants of these small units are likely to be in a different income bracket or
different stage of life than those living in the main houses. An aging parent, for example can live
in such a unit, maintaining their autonomy yet having caregivers nearby-some communities even
describe the units as “granny flats” or “mother-in-law apartments”. Young adults, for instance, may
be able to find units within family-oriented neighborhoods, as opposed to living in large rental
housing complexes. With housing prices rising rapidly in Fort Collins, income from a secondary
unit can be used to assist paying the mortgage.
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Adopted City Plan Policy:
Policy EXN-1.4 Infill Development and Redevelopment. Infill/redevelopment policies, standards,
and procedures will apply to proposals for such activity in designated areas….Forms of compatible
infill development include:
• The addition of new dwellings on vacant lots and other undeveloped parcels
surrounded by existing residential development.
• Dwelling units added to existing houses (e.g., basement or upstairs apartments)
• Small, detached dwellings added to lots of sufficient size with existing houses (e.g.-
“alley houses” or “granny flats”)
• Redevelopment of properties
• Neighborhood related, non-residential development.
2. Density Limitations
The Land Use Code limits the number and location of second detached dwellings constructed at the
rear of the lot based upon lot size. Within the NCM and NCB zones, a minimum lot area of 5,000
square feet is required per dwelling unit, where the NCL zones require a minimum of 6,000 square
feet of lot area. Therefore, NCL-zoned lots exceeding 12,000 square feet, and NCM/NCB-zoned
lots exceeding 10,000 square feet, are eligible for additional units.
3. Existing Alley-fronting Units/Potential for Additional Units
A recent windshield survey indicates that there are approximately 220 habitable structures along
alleys within the Old Town area, with the potential for more than 640 dwelling units that could be
added based upon the density standards. The survey did not ascertain how many were used as
dwelling units versus studio, workshop or home office space. Most of the existing units were built
prior to the 1950’s and vary greatly in size. Some were built as “carriage houses”, expressly
designed and constructed to house workers supporting tenants of the main house, while others have
been accessory buildings, such as garages, stables and storage buildings, that have been converted
over time to living space. The most recent alley house construction began in 1991 when the
Eastside/Westside rezoning and implementing standards were adopted. These later alley houses have
been built primarily in the West Side neighborhoods, with a concentration of units within those
blocks immediately north of the CSU campus, although there are other specific examples that have
been built within the East Side neighborhoods.
4. Adopted Design Standards
In addition to lot area limitations that restrict the density and location of alley houses, their design
is subject to the following size, location (on the lot) and parking standards:
· *800 square feet of floor area above grade, including attached garage space;
· Maximum building height of two stories in NCL and NCM zone districts, and three stories in
the NCB zone; (a story can be up to 25 feet in height)
· Minimum roof pitch of 2:12 and maximum roof pitch of 12:12.
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· 5-foot minimum rear yard setback from existing alleys and 15-foot rear yard setback in all other
conditions. Walls abutting the side property line exceeding 18 feet in height must be setback
further to accommodate the additional height.
· Minimum off-street parking requirements: one off-street parking space per single family house;
multi-unit buildings require parking based on bedroom count.
· Drainage and alley improvements may be required in conjunction with alley house construction
depending upon existing conditions and the size and impact of the house.
· Lots can be subdivided, with the “front” unit(s) and “rear” unit(s) on separate lots, provided that
the resulting lot areas match or exceed the minimum required under the density standards. In
addition to the lot size requirements, lot lines must be configured in a regular-shape, meet
minimum dimension requirements, provide sufficient alley right-of-way and/or easements
(usually for utility service), and meet the City’s standards for storm drainage. No additional
performance criteria pertain to the subdivision process.
*The 800 square foot (sf) limit applies only if the new building and the existing building that is on
the front portion of the lot are on the same lot. The confusion often arises when an owner replats a
lot into 2 lots, and proposes to construct the new building on the newly created rear lot. In that
situation, the 800-sf limit does not apply since the buildings are not on the same lot.
These design and location standards identified in the NCL, NCM, and NCB district regulations
apply to all single and multi-family units. The standards apply equally to any dwelling, which by
definition could be a single-family or a multi-family building.
5. Design Guidelines
In 1996, when the City last revised the design standards for alley housing, the City Council also
elected to adopt guidelines. Standards are those design parameters that must be complied with. In
the context of the Neighborhood Character Guidelines for the East Side and West Side
Neighborhoods, guidelines are defined as “a suggested design approach that is not required to be
followed. Compliance is encouraged but not required”.
The following are adopted Design Guidelines for alleyhouses located within the East Side and West
Side neighborhoods:
“Traditionally, alleys contained simple buildings and most appeared smaller in scale
than the primary structure, which was oriented to the street. This relationship should
be continued”
Alley houses should appear subordinate in scale to those seen traditionally along the street front.
52. Minimizing the perceived mass of an alley house is encouraged.
· Dividing the mass of an alley house into “modules” to reduce its perceived scale is
encouraged.
· A single wall plane should not exceed thirty (30) feet in width without a significant (5
foot minimum) change in setback.
· Alley houses that include one and one-and-one-half story elements are preferred.
· Alley houses should not exceed two stories in height.
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53. An alley house should appear subordinate in height to those seen traditionally along the
street front.
54. An alley house should appear to be visually related to the primary structure.
· Consider using similar materials and massing to convey a sense of relatedness.
Architectural Details of Alley Houses
While a wide latitude is appropriate in the treatment of architectural details on an alley
house, the overall character should be one that is subordinate to that of the primary structure.
55. Architectural details on an alley house should appear simpler than those used traditionally
on primary structures.
6. Multi-family vs. Single Family Alley Units
If placed on a separate subdivided lot, a multi-family dwelling (duplex, triplex, fourplex) can exceed
800 sf. The zone district and the size of the lot on which the units are located dictate the maximum
floor area for multi-family alley units. In the NCM or NCB zones, the minimum lot area must be
the equivalent of two (2) times the total floor area of the building, but no less than 5,000 sf for a
single family house or a duplex. Using a duplex in the NCM district as an example, if located on
a 5,000 sf lot, it could be as large as 2,500 SF. The zone district would trigger the proposal to come
for review and action by the Planning and Zoning Board. In order to approve the duplex, the
Planning and Zoning Board would need to find that all of the City’s design standards have been met,
including the Building and Project Compatibility standards of Section 3.5.1. and the off-street
parking requirements.
The land use code requires multi-family units to be approved through a Type 1 or Type 2 public
hearing, where single family units can be approved by-right.
7. Perceived Problems
Testimony from recent public hearings and neighborhood meetings has highlighted the following
perceived problems. A summarized version of the issues was contained within the moratorium
ordinance adopted by City Council in January.
• Increased traffic on alleys, with greater amounts of noise and dust. Alleys are being utilized
as streets for alley houses, but the alleys cannot handle the increased traffic because they
can't be designed and improved to meet our street standards;
• If the alley is required to be paved in conjunction with an alley house, there will be higher
traffic speeds and volumes along the alley;
• If alleys are not paved in conjunction with the alley house, the alley will be inadequate to
serve the development and there will be an increase in the amount of dust and noise;
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• Alley houses on the interior of a block create more impact than those located on corner lots
due to the increased traffic on the alley. Some corner lots also have the potential to take
vehicular access off of the side street rather than the alley;
• Some alley house architecture is incompatible with neighborhood character, in terms of
mass, bulk, scale, height, and style;
• Loss of privacy in backyards;
• Increased noise;
• Inadequate parking to serve the alley house causes parking spillover into the alley and
adjacent properties. The alleys can become impassable in some circumstances due to illegal
parking;
• Future conversion of unfinished basements into living space, particularly bedrooms. This
additional occupancy increases potential for adverse impacts to the neighborhood;
• Subdivision of the rear portion of the lot will promote the sale of units as a rental
“investment” as opposed to owner occupancy. If the alley house remains on the same lot as
the “front” house, there is better policing of the alley house in terms of noise, occupancy
level and type of tenants;
• Some property owners are taking advantage of existing regulations to construct multi-family
dwellings as alley houses and are then utilizing all of the dwelling units on the lot as rentals;
• Compared to single family alley houses, multi-family units along alleys may have greater
impacts in terms of visual quality, noise, and traffic;
• A greater number of rental units has the potential to promote disinvestment in the
neighborhood; and
• While a small number of alley houses may be acceptable within a given neighborhood, there
is no numeric cap other than the existing density (lot size) limitations of the zoning district.
PUBLIC DISCUSSION
The Current Planning Department developed an accelerated, but extensive public process to address
issues raised in the moratorium discussion. The cornerstone of this process was a consecutive
multiple-day session known as a “charrette”. The charrette is an intense work effort, that combines
a variety of affected disciplines, and that is completed within a collaborative public setting. This
process brought stakeholders together in one place for a concentrated period of time to create a
detailed, feasible agreement that would otherwise take months to achieve. In addition, a series of
public meetings with affected Boards and Commissions has been developed to critique and build
upon the draft Standards developed during the charrette.
Staff has also distributed copies of the Draft standards to the City Council, Planning and Zoning
Board, Homebuilder’s Association (HBA) and Landmark Preservation Commission (LPC) in a
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Study Session format and elicited comments. Much of the discussion has centered on two issues:
1) continuation of the subdivision of alley lots and 2) the review process including the procedure to
vary the standards. A summary of the LPC’s comments and concerns are outlined in the attached
letter. One Planning and Zoning Board member, who also was in attendance at the HBA
presentation, expressed concern that the modification procedure was too cumbersome for larger
structures and that the code should be modified to allow for larger buildings if located on larger lots.
Planning and Zoning Board reviewed the proposed Land Use Code changes at a public hearing held
on March 18, 2004. The Board unanimously (5-0, Torgerson abstained, Meyer absent)
recommended approval of the proposed code changes except for the provision for future subdivision
of lots. With respect to subdividing, the Board stated that the negative impacts on the
neighborhoods outweighed the addition of a relatively small number of affordable units, and they
echoed historic preservation concerns expressed by the LPC. The approved motion also included
a request for continued study of fire and emergency medical access issues raised by Poudre Fire
Authority. A summary of the Planning and Zoning Board hearing minutes is attached.
RECOMMENDATION
Based on input from the public Boards, Commissions and other groups, staff recommends the
following:
1. Prohibition of Multi-Family Dwellings along Alleys
The proposed LUC change calls for the prohibition of multi-family dwellings along alleys.
2. Dwelling Unit Size Restrictions
The current size limitations have not ensured that alley housing is compatible with neighborhood
character. Many units are essentially full-size houses of up to 1,600 sf of total living space, with up
to 800 sf of floor area on the main level and 800 sf in the basement. A lack of massing restrictions
has allowed new units to be larger in scale than the primary house along the street.
Staff proposes limitations on the maximum building footprint, total square footage (including all
areas above- and below-grade) and the ridgeline and eave height (in feet). To reduce the apparent
mass of buildings, the first floor building coverage has been restricted to 600 sf which is roughly the
size of an oversized two-car garage, the ridgelines are set at a maximum of 24 feet above grade and
roof eaves a maximum of 13 feet above grade. The maximum building floor area permitted per zone
district reflects a sliding scale based on the zoning district (see attached chart).
These standards would apply to all dwelling units and those accessory buildings with water and/or
sewer service.
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3. Revised Standards for Accessory Buildings
Since accessory buildings are subordinate to the primary residence, the Draft standards also define
bulk standards limiting the building square footprint/square footage, ridgeline and eave heights. The
maximum building footprint for any accessory building is 600 square feet and the maximum
ridgeline and eave heights are 20 feet and 13 feet, respectively.
4. Proposed Review Process
Staff debated the merits of applying different types of review processes and has settled on an
amendment to the existing Project Development Plan (PDP) application as the most practical of the
alternatives. The code change calls for PDP criteria to be added that will address compatibility
issues specific to the addition of units adjacent alleys. Affected property owners have expressed
frustration in their lack of meaningful input with respect to most alley-oriented development. Since
most alley housing, and all accessory buildings, only require a building permit review, they are
constructed without any public notification or public hearing. While this may not provide enough
public input, there has been an expressed fear that we may be swinging too far toward regulation and
“overprocessing” what is considered a relatively small building. Staff’s perspective is that the
proposed process will strike the appropriate balance between under- and over-regulation.
The PDP process would apply to all detached single family houses at the rear of the lot, as well as
all accessory buildings that are served by water and/or sewer.
An expanded review process will also allow neighbors to discuss key compatibility issues with an
applicant at a required neighborhood meeting. The expanded criteria would allow the discussion
of the following key points that seem critical to ensuring neighborhood compatibility:
-Privacy. One of the top issues discussed in the Charrette conducted during the preparation of the
Draft standards was protecting the privacy of neighbors. The views of private and shared spaces,
acoustical privacy, and entry routes used by tenants were identified as concerns. To ensure a
measure of privacy, attention will need to be paid in the siting and designing the unit, including the
location of the entry, porches, private or shared outdoor spaces, window placement and closeness
to property lines. Privacy between the main house the rear unit should also be part of the site
planning.
-Solar Access. Access to the sun for gardens and yards can be an important concern. Placing a unit
too close to the property line, particularly along the north side, can impact a neighbor’s solar access.
-Parking. The Land Use Code sets standards for the number of off-street parking spaces required.
Under the Draft Ordinance, each bedroom of the alley unit requires a parking space. Care should be
given in the siting of parking to minimize impact to neighboring properties.
5. Modification to the Standards
During the course of preparing the DRAFT standards, staff received comments that there may not
be enough flexibility within the standards to address unique circumstances caused by larger lots.
April 6, 2004 -8- Item No. 31
Even though most lots within the Eastside/Westside Neighborhoods fall within a consistent range
of sizes, there are some lots that are substantially bigger than those within the adjacent area.
To address this issue, staff is recommending that the modification procedures and criteria identified
in Section 2.8 of the Land Use Code provide the means to vary from the standards if unique
circumstances arise. With the recent Land Use Code change allowing consideration of modification
of standards request to be heard by an Administrative Hearings Officer, there should be little, if any,
delay in the review process if a modification is warranted.
6. Subdivision
One of the most controversial issues has been whether to allow lots to be subdivided to
accommodate the front and alley units on separate lots. Staff recommends that the present standard
be retained, allowing lots to be further subdivided. It is staff’s perspective that the subdivision will
aid in the creation of more fee simple ownership of affordable housing within the Old Town area.
Clearly, the sentiment of most members of the public involved in the process to date is that the
ordinance should prohibit the creation of lots fronting on alleys. A summary of comments received
during the charrette and follow-up meetings regarding subdivisions is attached. As mentioned, the
Planning and Zoning Board recommends that the subdivision of alley-fronting lots be prohibited.
From the perspective of the Board and many neighborhood residents, the most recent alley units
have largely benefited the investment community at the expense of neighborhood character and
livability. Some stated that alley units can offer an opportunity for home ownership, however, the
temptation for selling two properties created through subdivision may be so great that single family
owners will opt for this, regardless of the negative impacts.
It has been argued that a carriage house on the same lot as the front house might be less likely to
have the full impacts of completely separate households. There is also greater likelihood that
occupants could use the yard for pedestrian access to the street sidewalk, and less likely that the
alley fully becomes a street in terms of its function.
The staff has surveyed three communities that have used alley housing as part of its infill strategy,
Portland, Seattle, and Boulder, and found that none permit the subdivision of lots (the exception
being Boulder, which only allows alley housing on corner lots).
7. Alley Surface (To Pave or Not To Pave)
The City technically considers all alleys “streets”. Alleys are the lowest classification of all street
types. In applying the adopted requirements of the Larimer County Urban Area Street Standards and
the Land Use Code, the City typically requires that alleys are brought up to present standards. This
includes paving, provisions for drainage, undergrounded utilities and safe access for emergency
services.
The Land Use Code authorizes staff to require alley upgrades when there is a change of use or
construction activity that requires permits to be issued by the City. In addition to upgrading the
portion of the alley that is adjacent to a subject property, the City requires that the alley
improvements be extended to the nearest intersecting paved street. Sometimes, the cost of making
these alley improvements may discourage alley-accessed development that will further adopted City
April 6, 2004 -9- Item No. 31
goals for infill and redevelopment. While the improvements may help the City upgrade the alley
infrastructure, it may be placing unreasonable requirements on the applicant given the relatively
minor impact caused by the additional unit or habitable space.
The adopted policy and standards for alley paving seems to run counter to the opinion of the
majority of those involved in the most recent discussions. Public sentiment appears to be that alleys
should be maintained with their present surface treatment. Many residents have stated their
preference for the simple form and character that the existing unpaved Old Town alleys provide.
The comments are based on both the visual qualities, more “informal”,“historic”, and “park-like”,
and their functional attributes—some have stated their preference to walk or jog along alleys due
to the soft surface and the lack of driveways.
Staff proposes that construction of accessory buildings and detached single family units taking
access off alleys within the NCL, NCM and NCB zone districts, and that meet all of the design
standards set forth in the revised ordinance, be exempt from alley paving requirements. This change
would not extend to alleys abutting commercially zoned properties.
8. Public Safety Considerations:
The City Police Department and Poudre Fire Authority have raised several public safety issues.
Their concerns range from the ability of service providers to identify and access structures along
alleys to other design aspects that may impact safety. The following is a list of issues raised by
public safety specialists and staff’s response:
• A Clear Addressing Scheme.
The City is authorized under the Larimer County Urban Area Street Standards to assign property
addresses. Beyond that authorization, the City has no formally adopted protocol for assigning
addresses for dwelling units abutting alleys. Over the years, the Technical Services staff has
informally been assigning the “front” house with the address designation of “A” and the alley-
fronting house as “B”. This has been used successfully to date in Fort Collins, as well as in
other jurisdictions; however, there are addressing details that still need to be worked out with
emergency service providers, including the Police Department and PFA. Staff is recommending
that these remaining street addressing issues for carriage houses be quickly resolved and the
practice formalized through an adopted addressing policy.
To address the issue of visibility from a street, staff is requesting that the informal address
identification standards recommended by PFA be formalized, and that the Uniform Building
Code (UBC) sign standards continue to be enforced as written. The UBC requires all units to
have display address numbers such that they are “plainly visible and legible from the street or
road fronting the property." PFA has taken the position that all residential buildings need to
provide 4" high address numbers on a contrasting background.
• Prohibit dwelling units along alleys that do not have straight-line access to public
streets (T-intersecting or dead end access).
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T-intersecting and dead end alleys can cause a significant access issue for emergency service
providers. This problem is not widespread, as few lots within the Old Town area front on alleys
with this configuration and are of sufficient size to accommodate a carriage house. Nevertheless,
staff proposes that carriage houses not be permitted under these circumstances.
C. Prohibit situations where residents pay for parking.
Section 3.2.2(K) of the off-street parking standards was recently modified to allow only those
parking spaces that are available at no additional rental or purchase cost to be applied toward
fulfilling the parking requirements. Staff’s perspective is that the present LUC language is
sufficient to address this issue.
D. Pedestrian easement from a public street to unit/lot.
A ten foot-wide pedestrian easement would be required during the subdivision process, ensuring
that occupants of the alley unit have unencumbered access to the public sidewalk.
• Lighting and Landscaping.
The City Police Department and PFA have asked that minimum lighting standards of 0.8
footcandles be provided along alleys and that landscaping be limited to 18 inches in height along
sideyards and that no plant materials to encroach along alleys.
With respect to both lighting and landscaping, staff proposes no specific LUC changes at this
time, but recommends that the issues be addressed during the upcoming Eastside and Westside
Neighborhood Plan Updates. Section 3.2.4(D)(6), the design standards for site lighting, identify
the need for design guidelines for lighting that address specific needs of unique neighborhoods.
The adopted Eastside/Westside Neighborhoods Design Guidelines actually encourage
landscaping along the edges of alleys. The landscaping issue is further muddied by the privacy
concerns brought up by neighbors; their comments seem to indicate that landscaping may be an
appropriate way to mitigate visual impacts between properties.
• Fire Sprinkler Systems.
PFA has stated that all dwelling units along alleys will require a fire sprinkler system. This
requirement does not necessitate a change to the Land Use Code.
ATTACHMENTS
Attachment A – Vicinity Map
Attachment B – Zone District Regulations
Attachment C– Ordinance
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ORDINANCE NO. 063, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE TO ADDRESS ISSUES PERTAINING
TO CARRIAGE HOUSES AND ACCESSORY BUILDINGS WITHIN
THE NCL, NCM AND NCB ZONE DISTRICTS
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City of
Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and Council that the Land Use Code would most likely be subject to future amendments,
not only for the purpose of clarification and correction of errors, but also for the purpose of
ensuring that the Land Use Code remains a dynamic document capable of responding to issues
identified by staff, other land use professionals and citizens of the City; and
WHEREAS, it has long been the public policy of the City to allow for the addition of
carriage houses and accessory buildings within the Old Town Area, which public policy is
presently exemplified in Policy EXN-1.5 of the City Plan Principles and Policies; and
WHEREAS, even though the public policy of the City has been favorable toward the
addition of carriage houses and accessory buildings in the Old Town Area, the Council is also
mindful of a number of problems and issues relating to such uses, included, among them, issues
pertaining to traffic, alley paving, architectural compatibility, privacy, noise, parking, and
neighborhood character; and
WHEREAS, on the 20th day of January, 2004, by Ordinance No. 178, 2003, the City
Council imposed a moratorium upon the acceptance of applications for the approval of
development plans and/or the issuance of building permits for dwellings constructed on the rear
portion of lots located within the NCL, NCM and NCB zone districts in order to enable the staff
of the City to study the foregoing issues and to present to the City Council regulations to address
those issues; and
WHEREAS, the staff, following numerous public meetings, has prepared proposed
regulations to address the issues mentioned above, which regulations have been recommended to
Council for approval by the Planning and Zoning Board; and
WHEREAS, the City Council has determined that it is in the best interest of the City that
the proposed amendments to the Land Use Code pertaining to carriage houses and accessory
buildings in the NCL, NCM, and NCB zone districts be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That Section 3.6.2(J)(3) of the Land Use Code is hereby amended to read
as follows:
(3) All public alleys shall be constructed in conformance with the Design and
Construction Criteria, Standards and Specifications for Streets, Streetscapes,
Sidewalks, Alleys and Other Public Ways* as adopted by the City Council by
ordinance or resolution except those public alleys within the NCL, NCM and
NCB zone districts that do not abut commercially zoned properties and that
provide access only for carriage houses and habitable accessory buildings as such
terms are described in Article 4.
Section 2. That Division 4.6 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.6 NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT (N-C-L)
(A) Purpose. The Neighborhood Conservation, Low Density District is
intended to preserve the character of areas that have a predominance of
developed single-family dwellings and have been given this designation in
accordance with an adopted subarea plan.
(B) Permitted Uses.
(1) The following uses are permitted in the N-C-L District, subject to
basic development review, provided that such uses are located on
lots that are part of an approved site-specific development plan:
(a) Residential Uses:
1. Single-family detached dwellings, but not to include
carriage houses.
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings, provided that they contain no
habitable space.
2. Accessory uses.
(c) Any use authorized pursuant to a site specific development
plan that was processed and approved either in compliance
with the Zoning Code in effect on March 27, 1997, or in
compliance with this Land Use Code (other than a final
subdivision plat, or minor subdivision plat, approved
pursuant to Section 29-643 or 29-644 of prior law, for any
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nonresidential development or any multi-family dwelling
containing more than four [4] dwelling units), provided that
such use shall be subject to all of the use and density
requirements and conditions of said site specific
development plan.
(d) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided, however, that such existing use shall constitute a
permitted use only on such parcel of property.
(e) Institutional/Civic/Public Uses:
1. Neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses shall be permitted in the N-C-L District,
subject to administrative review:
(a) Residential Uses:
1. Single-family detached dwellings when there is
more than one (1) dwelling on the lot or when the
lot has only alley frontage.
(b) Institutional/Civic/Public Uses:
1. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(c) Accessory/Miscellaneous Uses:
1. Accessory buildings containing habitable space.
(3) The following uses are permitted within the N-C-L District, subject
to review by the Planning and Zoning Board.
(a) Residential Uses:
1. Group homes.
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(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Places of worship or assembly.
3. Community facilities.
4. Public facilities.
(c) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Density. Minimum lot area shall be equivalent to at least three (3)
times the total floor area of the building(s), but not less than six
thousand (6,000) square feet. For the purposes of this
Divisioncalculating density, "total floor area" shall mean the total
gross floor area of all principal buildings as measured along the
outside walls of such buildings and including each finished or
unfinished floor level plus the total gross floor area of the ground
floor of any accessory building larger than one hundred twenty (120)
square feet, plus that portion of the floor area of any second story
having a ceiling height of at least seven and one-half (7½) feet
located within any such accessory building located on the lot. (Open
balconies and basements shall not be counted as floor area for
purposes of calculating density).
(2) Residential. Any new single-family dwelling that is proposed to be
constructed between the back of an existing dwelling and the rear
property line of the lot on which both dwellings will be located, and
any new, detached accessory building located behind a street-
fronting principal building (whether such new single-family
dwelling is on the same lot or a different lot than the principal
building) shall contain a maximum of eight hundred (800) square
feet of floor area unless such new single-family dwelling contains a
two (2) car garage, in which case it shall contain a maximum of one
thousand (1,000) square feet of floor area including the garage.
Floor area shall include all floor space within the basement and first
5
floor plus that portion of the floor area of any second story having a
ceiling height of at least seven and one-half (7 1/2) feet. A new
single-family dwelling may be located in any area of the rear portion
of such lot, provided that it complies with the setback requirements
of this District and there is at least a ten (10) foot separation between
structures. The building footprint for such single-family dwelling
shall not exceed six hundred (600) square feet.
(3) Accessory Buildings with Habitable Space (or potential future
habitable space). Any new accessory building with water and/or
sewer service shall be considered to have habitable space. An
applicant may also declare an intent for an accessory building to
contain habitable space. Any such structure containing habitable
space that is proposed to be located behind a street-fronting
principal building (whether such new proposed building is on
the same lot or a different lot as the principal building) shall
contain a maximum of six hundred (600) square feet of floor area.
Floor area shall include all floor space (including basement space)
within the building having a ceiling height of at least seven and
one-half (7 1/2) feet. Such accessory building may be located in
any area of the rear portion of a lot, provided that it complies with
the setback requirements of this District and there is at least a ten
(10) foot separation between structures.
(4) Accessory Buildings without Habitable Space. Any accessory
building without water and/or sewer service, which has not been
declared to contain habitable space by the applicant, shall not
exceed a total floor area of six hundred (600) square feet. Floor
area shall include all floor space (including basement space) within
the building having a ceiling height of at least seven and one-half
(7 1/2) feet.
(5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of
0.25 on the rear fifty (50) percent of the lot as it existed on October
25, 1991. If the applicant desires to subdivide the lot, the new
lot upon which the existing and/or new buildings will be
located shall provide the basis of the FAR. If there is no
subdivision application, the lot area used as the basis for the FAR
calculation shall be considered the minimum lot size within the
zone district.
(E) Dimensional Standards.
(1) Minimum lot width shall be forty (40) feet.
6
(2) Minimum front yard setback shall be fifteen (15) feet. Setbacks
from garage doors to the backs of public walks shall not be less
than twenty (20) feet.
(3) Minimum rear yard setback shall be five (5) feet from existing
alleys and fifteen (15) feet in all other conditions.
(4) Minimum side yard width shall be five (5) feet for all interior side
yards. Whenever any portion of a wall or building exceeds
eighteen (18) feet in height, such portion of the wall or building
shall be set back from the interior side lot line an additional one (1)
foot, beyond the minimum required, for each two (2) feet or
fraction thereof of wall or building height that exceeds eighteen
(18) feet in height. Minimum side yard width shall be fifteen (15)
feet on the street side of any corner lot.
(5) Maximum building height shall be two (2) stories, except in the
case of carriage houses, and accessory buildings containing
habitable space, which shall be a maximum of one and one half (1
1/2) stories.
(F) Development Standards.
(1) Building Design.
(a) All exterior walls of a building that are greater than six (6)
feet in length shall be constructed parallel to or at right
angles to the side lot lines of the lot whenever the lot is
rectilinear in shape.
(b) The primary entrance to a dwelling shall be located along
the front wall of the building, unless otherwise required for
handicap access. Such entrance shall include an
architectural feature such as a porch, landing or portico.
(c) Accessory buildings and attached garages shall have a front
yard setback that is at least ten (10) feet greater than the
front setback of the principal building that is located on the
front portion of the lot.
(d) A second floor shall not overhang the lower front or side
exterior walls of a new or existing building.
(e) Front porches shall be limited to one (1) story, and the front
facades of all one- and two-family dwellings shall be no
7
higher than two (2) stories, except in the case of carriage
houses, and accessory buildings containing habitable space,
which shall be a maximum of one and one half (1 1/2)
stories.
(f) In the event that a new dwelling is proposed to be
constructed on the rear portion of a lot which has frontage
on two (2) streets and an alley, the front of such new
dwelling shall face the street.
(g) The minimum pitch of the roof of any building shall be 2:12
and the maximum pitch of the roof of any building shall be
12:12, except that new, detached accessory buildings and
additions to existing dwelling units may be constructed with
a pitch that matches any roof pitch of the existing dwelling
unit. Additionally, the roof pitch of a dormer, turret or
similar architectural feature may not exceed 24:12 and the
roof pitch of a covered porch may be flat whenever the roof
of such a porch is also considered to be the floor of a second-
story deck.
(2) Bulk & Massing.
(a) Building Height.
1. Maximum building height shall be two (2) stories
except in the case of carriage houses, and accessory
buildings containing habitable space, which shall be
a maximum of one and one half (1 1/2) stories.
2. The height of a detached dwelling unit at the rear of
the lot or an accessory building containing habitable
space shall not exceed twenty-four (24) feet.
3. The height of an accessory building containing no
habitable space shall not exceed twenty (20) feet.
8
Illustration of Carriage House Roofline and Eave Heights
(3) Carriage Houses and Habitable Accessory Buildings.
(a) Carriage Houses.
1. If a carriage house is on the same lot as the
principal building in front, water and sewer lines
can be extended from such principal building.
2. If a carriage house is the only single-family
dwelling on a lot, it must have its own water and
sewer service lines connecting to the water and
sewer mains.
3. A minimum of one (1) off-street parking space must
be provided for every bedroom contained within a
carriage house.
(b) Accessory Buildings with Habitable Space. An accessory
building with water and/or sewer service shall be
considered as containing habitable space. "Habitable
space" does not necessarily mean a dwelling unit, but is
space that is intended to eventually serve as indoor,
habitable space for human occupancy. Accessory building
applications must include the applicant's declaration as to
whether or not the space is intended to be habitable. If
water and/or sewer services are provided to the building, it
shall be considered as containing habitable space. If an
applicant declares that a space is not intended to become
habitable, no water and/or sewer connections will be
9
allowed to the building, and less restrictive bulk and
massing requirements are allowed as provided below.
(c) Additional Review Criteria for Carriage Houses and
Accessory Buildings with Habitable Space. The following
additional standards are intended to ensure that the design
and operating characteristics of the carriage house, or other
accessory building with habitable space, is compatible with
the character of the surrounding neighborhood and shall
apply to the review of all applications for approval of a
carriage house or accessory building containing habitable
space:
1. The site plan shall provide a separate yard area
containing at least one hundred twenty (120) square
feet to serve both the carriage house and the
existing principal dwelling. Such yard area shall be
at least ten (10) feet in its smallest dimension, and
must provide privacy and screening for abutting
properties.
2. To the extent reasonably feasible, decks, entry
doors, major entry access stairs, and major windows
shall face the existing principal building or the alley
(if the lots front the alley). To the extent reasonably
feasible, windows that overlook an abutting side or
rear yard shall be minimized.
3. Buildings, structures, open spaces and other features
of the site plan shall be oriented and located such
that they maintain natural resources including
existing significant trees and shrubs to the extent
reasonably feasible.
(24) Landscape/Hardscape Material. A maximum of forty (40) percent
of the front yard of a lot may be covered with inorganic material
such as asphalt or cement concrete, paving stone, flagstone, rock or
gravel.
(35) Access. Whenever a lot has frontage along an alley, any new off-
street parking area located on such lot must obtain access from
such adjoining alley; provided, however, that such alley access
shall not be required when a new detached garage is proposed to be
accessed from an existing driveway that has a curbcut along a
10
public street, or when alley access is determined by the City
Engineer to be a hazard to persons or vehicles.
(46) Site Design. Permanent open off-street parking areas for all
permitted principal uses, other than single-family dwellings, shall
not be located any closer to a public street right-of-way than the
distance by which the principal building is set back from the street
right-of-way. This provision shall not be construed to preclude
temporary parking in driveways.
Section 3. That Division 4.7 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.7 NEIGHBORHOOD CONSERVATION, MEDIUM DENSITY DISTRICT (N-C-M)
(A) Purpose. The Neighborhood Conservation, Medium Density District is
intended to preserve the character of areas that have a predominance of
developed single-family and low- to medium-density multi-family housing
and have been given this designation in accordance with an adopted
subarea plan.
(B) Permitted Uses.
(1) The following uses are permitted in the N-C-M District, subject to
basic development review, provided that such uses are located on
lots that are part of an approved site specific development plan:
(a) Residential Uses:
1. Single-family detached dwellings, but not to include
carriage houses.
2. Two-family dwellings, provided that no structural
additions or exterior alterations are made to the
existing building or the dwellings are constructed
on a vacant lot or a parcel which did not contain a
structure on October 25, 1991.
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public facilities.
11
3. Neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(c) Commercial/Retail Uses:
1. Child care centers.
2. Elderly day care centers.
(d) Accessory/Miscellaneous Uses:
1. Accessory buildings, provided that they contain no
habitable space.
2. Accessory uses.
(e) Any use authorized pursuant to a site specific development
plan that was processed and approved either in compliance
with the Zoning Code in effect on March 27, 1997, or in
compliance with this Land Use Code (other than a final
subdivision plat, or minor subdivision plat, approved
pursuant to Section 29-643 or 29-644 of prior law, for any
nonresidential development or any multi-family dwelling
containing more than four [4] dwelling units), provided that
such use shall be subject to all of the use and density
requirements and conditions of said site specific
development plan.
(f) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided, however, that such existing use shall constitute a
permitted use only on such parcel of property.
(2) The following uses are permitted in the N-C-M District, subject to
administrative review:
(a) Residential Uses:
1. Single-family detached dwellings, when there is
more than one (1) principal building on the lot or
when the lot has only alley frontage.
12
2. Two-family dwellings, provided that no structural
additional or exterior alterations are made to the
existing building or the dwellings are constructed
on a vacant lot or a parcel which did not contain a
structure on October 25, 1991, and provided such
two-family dwelling is located within a street-
fronting principal building.
23. Multi-family dwellings up to four (4) units per
building, provided that no structural additions or
exterior alterations are made to the existing
building, or the dwellings are constructed on a
vacant lot or a parcel which did not contain a
structure on October 25, 1991, and provided such
multi-family dwelling is located within a street-
fronting principal building.
34. Group homes.
(b) Institutional/Civic/Public Uses:
1. Community facilities.
2. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(c) Accessory/Miscellaneous Uses:
1. Accessory buildings containing habitable space.
(3) The following uses are permitted in the N-C-M District, subject to
Planning and Zoning Board review:
(a) Residential Uses:
1. Two-family and multi-family dwellings up to four
(4) units per building when structural additions or
exterior alterations are made to an existing building,
or when the dwellings are constructed on a lot or a
parcel which contained a structure on October 25,
1991, provided such two-family or multi-family
dwelling is located within a street-fronting principal
building.
13
(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments with six (6) or
fewer beds.
(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Density/Intensity of Development. Minimum lot area shall be the
equivalent of two (2) times the total floor area of the building(s),
but not less than the following: five thousand (5,000) square feet
for a single-family or two-family dwelling and six thousand
(6,000) square feet for all other uses. For the purposes of this
Divisioncalculating density, "total floor area" shall mean the total
gross floor area of all principal buildings as measured along the
outside walls of such buildings, including each finished or
unfinished floor level, plus the total gross floor area of the ground
floor of any accessory building larger than one hundred twenty
(120) square feet, plus that portion of the floor area of any second
story having a ceiling height of at least seven and one-half (7½)
feet located within any such accessory building located on the lot.
(Open balconies and basements shall not be counted as floor area
for purposes of calculating density).
(2) Residential. Any new single-family dwelling that is proposed to be
constructed between the back of an existing dwelling and the rear
property line of the lot on which both dwellings will be located, and
any new, detached accessory building shall contain a maximum of
eight hundred (800) square feet of floor arealocated behind a street-
fronting principal building (whether such new single-family
dwelling is on the same lot or a different lot than the principal
building) shall contain a maximum of one thousand (1,000) square
feet of floor area. Floor area shall include all floor space within the
14
basement and first floor plus that portion of the floor area of any
second story having a ceiling height of at least seven and one-half (7
1/2) feet. A new single-family dwelling may be located in any area
of the rear portion of such lot, provided that it complies with setback
requirements of this District and there is at least a ten (10) foot
separation between structures. The building footprint for such
single-family dwelling shall not exceed six hundred (600) square
feet.
(3) Accessory Buildings with Habitable Space (or potential future
habitable space). Any new accessory building with water and/or
sewer service shall be considered to have habitable space. An
applicant may also declare an intent for an accessory building to
contain habitable space. Any such structure containing habitable
space that is proposed to be located behind a street-fronting principal
building (whether such new proposed building is on the same lot
or a different lot as the principal building) shall contain a
maximum six hundred (600) square feet of floor area. Floor area
shall include all floor space within the accessory building having a
ceiling height of at least seven and one-half (7 1/2) feet. Such
accessory building may be located in any area of the rear portion of a
lot, provided that it complies with the setback requirements of this
District and there is at least a ten (10) foot separation between
structures.
(4) Accessory Buildings without Habitable Space. Any accessory
building without water and/or sewer service, which has not been
declared to contain habitable space by the applicant, shall not exceed
a total floor area of six hundred (600) square feet. Floor area shall
include all floor space (including basement space) within the
building having a ceiling height of at least seven and one-half (7 1/2)
feet.
(5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of
0.33 on the rear fifty (50) percent of the lot as it existed on October
25, 1991. If the applicant desires to subdivide the lot, the new lot
upon which the existing and/or new buildings will be located
shall provide the basis of the FAR. If there is no subdivision
application, the lot area used as the basis for the FAR calculation
shall be considered the minimum lot size within the zone district.
(E) Dimensional Standards.
(1) Minimum lot width shall be forty (40) feet for single-family and
two-family dwellings and fifty (50) feet for all other uses.
15
(2) Minimum front yard setback shall be fifteen (15) feet. Setbacks
from garage doors to the backs of public walks shall not be less
than twenty (20) feet.
(3) Minimum rear yard setback shall be five (5) feet from existing
alleys and fifteen (15) feet in all other conditions.
(4) Minimum side yard width shall be five (5) feet for all interior side
yards. Whenever any portion of a wall or building exceeds
eighteen (18) feet in height, such portion of the wall or building
shall be set back from the interior side lot line an additional one
(1) foot, beyond the minimum required, for each two (2) feet or
fraction thereof of wall or building height that exceeds eighteen
(18) feet in height. Minimum side yard width shall be fifteen (15)
feet on the street side of any corner lot. Notwithstanding the
foregoing, minimum side yard width for schools and places of
worship shall be twenty-five (25) feet (for both interior and street
sides).
(5) Maximum building height shall be two (2) stories except for
carriage houses and accessory buildings containing habitable
space, which shall be limited to one and one-half (1 1/2) stories.
(F) Development Standards.
(1) Building Design.
(a) All exterior walls of a building that are greater than six (6)
feet in length shall be constructed parallel to or at right
angles to the side lot lines of the lot whenever the lot is
rectilinear in shape.
(b) The primary entrance to a dwelling shall be located along
the front wall of the building, unless otherwise required for
handicap access. Such entrance shall include an
architectural feature such as a porch, landing or portico.
(c) Accessory buildings and attached garages shall have a front
yard setback that is at least ten (10) feet greater than the
front setback of the principal building that is located on the
front portion of the lot.
(d) A second floor shall not overhang the lower front or side
exterior walls of a new or existing building.
16
(e) Front porches shall be limited to one (1) story, and the front
facades of all one- and two-family dwellings shall be no
higher than two (2) stories except for carriage houses and
accessory buildings containing habitable space, which shall
be limited to one and one-half (1 1/2) stories.
(f) In the event that a new dwelling is proposed to be
constructed on the rear portion of a lot which has frontage
on two (2) streets and an alley, the front of such new
dwelling shall face the street.
(g) The minimum pitch of the roof of any building shall be 2:12
and the maximum pitch of the roof of any building shall be
12:12, except that new, detached accessory buildings and
additions to existing dwelling units may be constructed with
a pitch that matches any roof pitch of the existing dwelling
unit. Additionally, the roof pitch of a dormer, turret or
similar architectural feature may not exceed 24:12 and the
covered porch may be flat whenever the roof of such porch is
also considered to be the floor of a second-story deck.
(2) Bulk & Massing.
(a) Building Height.
1. Maximum building height shall be two (2) stories
except for carriage houses and accessory buildings
containing habitable space, which shall be limited to
one and one-half (1 1/2) stories.
2. The height of a detached dwelling unit at the rear of
the lot or an accessory building containing habitable
space shall not exceed twenty-four (24) feet.
3. The height of an accessory building containing no
habitable space shall not exceed twenty (20) feet.
(b) Eave Height.
1. The exterior eave height shall not exceed thirteen
(13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with
habitable space.
17
2. The exterior eave height shall not exceed ten (10)
feet from grade for an accessory containing no
habitable space.
3. If a second story has an exterior wall that is set back
from the lower story's exterior wall, the eave height
shall be the point of an imaginary line at which the
upper story's roofline (if extended horizontally)
would intersect with the lower story's exterior wall
(if extended vertically).
(See illustration contained in Division 4.6)
(3) Carriage Houses and Habitable Accessory Buildings.
(a) Carriage Houses.
1. If a carriage house is on the same lot as the
principal building in front, water and sewer lines
can be extended from such principal building.
2. If a carriage house is the only single-family
dwelling on a lot, it must have its own water and
sewer service lines connecting to the water and
sewer mains.
3. A minimum of one (1) off-street parking space must
be provided for every bedroom contained within a
carriage house.
(b) Accessory Buildings with Habitable Space. An accessory
building with water and/or sewer service shall be
considered as containing habitable space. "Habitable
space" does not necessarily mean a dwelling unit, but is
space that is intended to eventually serve as indoor,
habitable space for human occupancy. Accessory building
applications must include the applicant's declaration as to
whether or not the space is intended to be habitable. If
water and/or sewer services are provided to the building, it
shall be considered as containing habitable space. If an
applicant declares that a space is not intended to become
habitable, no water and/or sewer connections will be
allowed to the building, and less restrictive bulk and
massing requirements are allowed as provided below.
18
(c) Additional Review Criteria for Carriage Houses and
Accessory Buildings with Habitable Space. The following
additional standards are intended to ensure that the design
and operating characteristics of the carriage house, or other
accessory building with habitable space is compatible with
the character of the surrounding neighborhood and shall
apply to the review of all applications for approval of a
carriage house or accessory building containing habitable
space:
1. The site plan shall provide a separate yard area
containing at least one hundred twenty (120) square
feet to serve both the carriage house and the
existing principal dwelling. Such yard area shall be
at least ten (10) feet in its smallest dimension, and
must provide privacy and screening for abutting
properties.
2. To the extent reasonably feasible, decks, entry
doors, major entry access stairs and major windows
shall face the existing principal building or the alley
(if the lots front the alley). To the extent reasonably
feasible, windows that overlook an abutting side or
rear yeard shall be minimized.
3. Buildings, structures, open spaces and other features
of the site plan shall be oriented and located such
that they maintain natural resources including
existing significant trees and shrubs to the extent
reasonably feasible.
(24) Landscape/Hardscape Material. A maximum of forty (40) percent
of the front yard of a lot may be covered with inorganic material
such as asphalt or cement concrete, paving stone, flagstone, rock or
gravel.
(35) Access. Whenever a lot has frontage along an alley, any new off-
street parking area located on such lot must obtain access from
such adjoining alley; provided, however, that such alley access
shall not be required when a new detached garage is proposed to be
accessed from an existing driveway that has a curbcut along a
public street, or when alley access is determined by the City
Engineer to be a hazard to persons or vehicles.
19
(46) Site Design. Permanent open off-street parking areas for all
permitted principal uses, other than single-family dwellings, shall
not be located any closer to a public street right-of-way than the
distance by which the principal building is set back from the street
right-of-way. This provision shall not be construed to preclude
temporary parking in driveways.
Section 4. That Division 4.8 of the Land Use Code is hereby amended to read as follows:
DIVISION 4.8 NEIGHBORHOOD CONSERVATION, BUFFER DISTRICT (N-C-B)
(A) Purpose. The Neighborhood Conservation Buffer District is intended for
areas that are a transition between residential neighborhoods and more
intensive commercial-use areas or high traffic zones and that have been
given this designation in accordance with an adopted subarea plan.
(B) Permitted Uses.
(1) The following uses are permitted in the N-C-B District, subject to
basic development review, provided that such uses are located on
lots that are part of an approved site specific development plan:
(a) Residential Uses:
1. Single-family detached dwellings but not to include
carriage houses.
2. Two-family dwellings.
3. Multi-family dwellings up to four (4) units per
building, provided that no structural additions or
exterior alterations are made to the existing
building, or the dwellings are constructed on a
vacant lot or a parcel which did not contain a
structure on October 25, 1991.
4. Boarding and rooming houses.
5. Mixed-use dwellings, provided that no structural
additions or exterior alterations are made to the
existing building, or the dwellings are constructed
on a vacant lot or a parcel which did not contain a
structure on October 25, 1991.
(b) Institutional/Civic/Public Uses:
20
1. Places of worship or assembly.
2. Public facilities.
3. Neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(c) Commercial/Retail Uses:
1. Child care centers.
2. Medical and dental clinics, professional offices and
personal business and service shops, provided that
no structural additions or exterior alterations are
made to the existing building, or the uses are
constructed on a vacant lot or a parcel which did not
contain a structure on October 25, 1991.
3. Bed and breakfast establishments.
4. Elderly day care centers.
(d) Accessory/Miscellaneous Uses:
1. Accessory buildings and usesprovided that they
contain no habitable space.
2. Accessory uses.
(e) Any use authorized pursuant to a site specific development
plan that was processed and approved either in compliance
with the Zoning Code in effect on March 27, 1997, or in
compliance with this Land Use Code (other than a final
subdivision plat, or minor subdivision plat, approved
pursuant to Section 29-643 or 29-644 of prior law, for any
nonresidential development or any multi-family dwelling
containing more than four [4] dwelling units), provided that
such use shall be subject to all of the use and density
requirements and conditions of said site specific
development plan.
(f) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
21
provided, however, that such existing use shall constitute a
permitted use only on such parcel of property.
(2) The following uses are permitted in the N-C-B District, subject to
administrative review:
(a) Residential:
1. Single-family detached dwellings when there is
more than one (1) principal building on the lot
and/or when the lot has only alley frontage.
2. Two-family dwellings provided that such two-
family dwelling is located within a street-fronting
principal building.
23. Multi-family dwellings up to four (4) units which
propose structural additions or exterior alterations to
the existing building, or the dwellings are to be
constructed on a lot or parcel which contained a
structure on October 25, 1991provided that such
multi-family dwelling is located within a street-
fronting principal building.
34. Multi-family dwellings containing more than four
(4) dwelling units per building at a density of up to
twenty-four (24) dwelling units per acre provided
such multi-family building is located within a
street-fronting principal building.
45. Mixed-use dwellings which propose structural
additions or exterior alterations to the existing
building, or the dwellings are to be constructed on a
lot or parcel which contained a structure on October
25, 1991.
56. Group homes.
(b) Institutional/Civic/Public Uses:
1. Community facilities.
2. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
22
(c) Commercial/Retail Uses:
1. Parking lots and parking garages.
(d) Accessory/Miscellaneous Uses:
1. Accessory buildings with declared habitable space,
or with water and/or sewer connections.
(3) The following uses are permitted, subject to Planning and Zoning
Board review:
(a) Residential Uses:
1. Fraternity and sorority houses provided such
fraternity or sorority house is located within a
street-fronting principal building.
2. Multi-family dwellings containing more than four
(4) dwelling units per building at a density of more
than twenty-four (24) dwelling units per net acre
provided such multi-family dwelling is located
within a street-fronting principal building.
(b) Institutional/Civic/Public Uses:
1. Public and private schools for preschool,
elementary, intermediate, high school, college,
university and vocational and technical education.
(c) Commercial/Retail Uses:
1. Medical and dental clinics, professional offices and
personal and business service shops which propose
structural additions or exterior alterations to the
existing building, or the uses are to be constructed
on a lot or parcel which contained a structure at the
time of adoption on October 25, 1991, provided
such use is located within a street-fronting principal
building.
2. Funeral homes provided such funeral home is
located within a street-fronting principal building.
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(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Density. Minimum lot area shall be equivalent to the total floor area
of the building(s), but not less than five thousand (5,000) square feet.
For the purposes of this Divisioncalculating density, "total floor area"
shall mean the total gross floor area of all principal buildings as
measured along the outside walls of such buildings, including each
finished or unfinished floor level, plus the total gross floor area of the
ground floor of any accessory building larger than one hundred
twenty (120) square feet, plus that portion of the floor area of any
second story having a ceiling height of at least seven and one-half
(7½) feet located within any such accessory building located on the
lot. (Open balconies and basements shall not be counted as floor
area for purposes of calculating density).
(2) Residential. Any new single-family dwelling that is proposed to be
constructed between the back of an existing dwelling and the rear
property line of the lot upon which both dwellings will be located,
and any new detached accessory building shall contain a maximum
of eight hundred (800) square feet of floor arealocated behind a
street-fronting principal building (whether such new single-family
dwelling is on the same lot or a different lot than the principal
building) shall contain a maximum of one thousand (1,000) square
feet of floor area. Floor area shall include all floor space within the
basement and first floor plus that portion of the floor area of any
second story having a ceiling height of at least seven and one-half (7
1/2) feet. A new single-family dwelling may be located in any area
of the rear portion of such lot provided that it complies with the
setback requirements of this District and there is at least a ten (10)
foot separation between structures. The building footprint for such
single-family dwelling shall not exceed six hundred (600) square
feet.
(3) Accessory Buildings with Habitable Space (or potential future
habitable space). Any new accessory building with water and/or
sewer service shall be considered to have habitable space. An
applicant may also declare an intent for an accessory building to
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contain habitable space. Any such structure containing habitable
space that is proposed to be located behind a street-fronting
principal building (whether such new proposed building is on
the same lot or a different lot as the principal building) shall
contain a maximum six hundred (600) square feet of floor area.
Floor area shall include all floor space within the accessory
building having a ceiling height of at least seven and one-half (7
1/2) feet. Such accessory building may be located in any area of
the rear portion of a lot, provided that it complies with the setback
requirements of this District and there is at least a ten (10) foot
separation between structures.
(4) Accessory Buildings without Habitable Space. Any accessory
building without water and/or sewer service, which has not been
declared to contain habitable space by the applicant, shall not
exceed a total floor area of six hundred (600) square feet. Floor
area shall include all floor space (including basement space) within
the building having a ceiling height of at least seven and one-half
(7 1/2) feet.
(5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of
0.33 on the rear fifty (50) percent of the lot as it existed on October
25, 1991. If an applicant desires to subdivide the lot, the new
lot upon which the existing and/or new buildings will be
located shall provide the basis of the FAR. If there is no
subdivision application, the lot area used as the basis for the FAR
calculation shall be considered the mimimum lot size within the
zone district.
(3) Dimensional Standards.
(a) Minimum lot width shall be forty (40) feet for single-
family or two-family dwellings and fifty (50) feet for all
other uses, except that the minimum lot width for lands
located within the West Central Neighborhood Plan
Subarea and south of University Avenue shall be eighty-
five (85) feet.
(b) Minimum front yard setback shall be fifteen (15) feet.
Setbacks from garage doors to the backs of public walks
shall not be less than twenty (20) feet, except that the
minimum front yard setback for lands located within the
West Central Neighborhood Plan Subarea and south of
University Avenue shall be sixty (60) feet, and setbacks
25
from garage doors to the backs of public walks shall not be
less than sixty-five (65) feet.
(c) Minimum rear yard setback shall be five (5) feet from
existing alley and fifteen (15) feet in all other conditions.
(d) Minimum side yard width shall be five (5) feet for all
interior side yards. Whenever any portion of a wall or
building exceeds eighteen (18) feet in height, such portion
of the wall or building shall be set back from the interior
side lot line an additional one (1) foot, beyond the
minimum required, for each two (2) feet or fraction thereof
of wall or building height that exceeds eighteen (18) feet in
height. Minimum side yard width shall be fifteen (15) feet
on the street side of any corner lot. Notwithstanding the
foregoing, minimum side yard width for school and place
of worship uses shall be twenty-five (25) feet (for both
interior and street sides).
(e) Maximum building height shall be three (3) stories except
for carriage houses and accessory buildings containing
habitable space, which shall be limited to one and one-half
(1 1/2) stories.
(E) Development Standards.
(1) Building Design.
(a) All exterior walls of a building that are greater than six (6)
feet in length shall be constructed parallel to or at right
angles to the side lot lines of the lot whenever the lot is
rectilinear in shape.
(b) The primary entrance to a dwelling shall be located along
the front wall of the building, unless otherwise required for
handicap access. Such entrance shall include an
architectural feature such as a porch, landing or portico.
(c) Accessory buildings and attached garages shall have a front
yard setback that is at least ten (10) feet greater than the
front setback of the principal building that is located on the
front portion of the lot.
(d) A second floor shall not overhang the lower front or side
exterior walls of a new or existing building.
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(e) Front porches shall be limited to one (1) story, and the front
facades of all single- and two-family dwellings shall be no
higher than two (2) stories except for carriage houses and
accessory buildings containing habitable space, which shall
be limited to one and one-half (1 1/2) stories.
(f) In the event that a new dwelling is proposed to be
constructed on the rear portion of a lot which has frontage
on two (2) streets and an alley, the front of such new
dwelling shall face the street.
(g) The minimum pitch of the roof of any building shall be 2:12
and the maximum pitch of the roof of any building shall be
12:12, except that new, detached accessory buildings and
additions to existing dwelling units may be constructed with
a pitch that matches any roof pitch of the existing dwelling
unit. Additionally, the roof pitch of a dormer, turret or
similar architectural feature may not exceed 24:12 and the
roof pitch of a covered porch may be flat whenever the roof
of such a porch is also considered to be the floor of a second-
story deck.
(2) Bulk & Massing.
(a) Building Height.
1. Maximim building height shall be three (3) stories
except for carriage houses and accessory buildings,
containing habitable space, which shall be limited to
one and one-half (1 1/2) stories.
2. The height of a detached dwelling unit at the rear of
the lot or an accessory building containing habitable
space shall not exceed twenty-four (24) feet.
3. The height of an accessory building containing no
habitable space shall not exceed twenty (20) feet.
(b) Eave Height.
1. The exterior eave height shall not exceed thirteen
(13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with
habitable space.
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2. The exterior eave height shall not exceed ten (10)
feet from grade for an accessory building containing
no habitable space.
3. If a second story has an exterior wall that is set back
from the lower story's exterior wall, the eave height
shall be the point of an imaginary line at which the
upper story's roofline (if extended horizontally)
would intersect with the lower story's exterior wall
(if extended vertically).
(See illustration contained in Division 4.6)
(3) Carriage Houses and Habitable Accessory Buildings.
(a) Carriage Houses.
1. If a carriage house is on the same lot as the
principal building in front, water and sewer lines
can be extended from such principal building.
2. If a carriage house is the only single-family
dwelling on a lot, it must have its own water and
sewer service lines connecting to the water and
sewer mains.
3. A minimum of one (1) off-street parking space must
be provided for every bedroom contained within a
carriage house.
(b) Accessory Buildings with Habitable Space. An accessory
building with water and/or sewer service shall be
considerred as containing habitable space. "Habitable
space" does not necessarily mean a dwelling unit, but is
space that is intended to eventually serve as indoor,
habitable space for human occpuancy. Accessory building
applications must include the applicant's declaration as to
whether or not the space is habitable. If water and/or sewer
services are provided to the building, it shall be considered
as containing habitable space. If an applicant declares that
a space is not intended to be habitable, no water and/or
sewer connections will be allowed to the building, and less
restrictive bulk and massing requirements are allowed as
provided below.
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(c) Additional Review Criteria for Carriage Houses and
Accessory Buildings with Habitable Space. The following
additional standards are intended to ensure that the design
and operating characteristics of the carriage house, or other
accessory building with habitable space is compatible with
the character of the surrounding neighborhood and shall
apply to the review of all applications for approval of a
carriage house or accessory building containing habitable
space:
1. The site plan shall provide a separate yard area
containing at least one hundred twenty (120) square
feet to serve both the carriage house and the
existing principal dwelling. Such yard area shall be
at least ten (10) feet in its smallest dimension, and
must provide privacy and screening for abutting
properties.
2. To the extent reasonably feasible, decks, entry
doors, major entry access stairs or major windows
shall face the existing principal building or the alley
(if the lots front the alley). To the extent reasonably
feasible, windows that overlook an abutting side or
rear yard shall be minimized.
3. Buildings, structures, open spaces and other features
of the site plan shall be oriented and located such
that they maintain natural resources including
existing significant trees and shrubs to the extent
reasonably feasible.
(24) Landscape/Hardscape Material. A maximum of forty (40) percent
of the front yard of a lot may be covered with inorganic material
such as asphalt or cement concrete, paving stone, flagstone, rock or
gravel.
(35) Site Design. In the N-C-B Neighborhood Conservation, Buffer
District, permanent open off-street parking areas shall not be
located any closer to a public street right-of-way than the distance
by which the principal building is set back from the street right-of-
way. This provision shall not be construed to preclude temporary
parking in driveways.
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(46) Access. Whenever a lot has frontage along an alley, any new off-
street parking area located on such lot must obtain access from
such adjoining alley; provided, however, that such alley access
shall not be required when a new detached garage is proposed to be
accessed from an existing driveway that has a curbcut along a
public street, or when alley access is determined by the City
Engineer to be a hazard to persons or vehicles.
Section 5. That the definition of "carriage house" contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Carriage house shall mean a single-family detached dwelling, typically without street
frontage, that is located behind a separate, principal dwelling on the same lot, where the
carriage house is attached to a garage that serves as the only garage space for the
principal dwellingwhich fronts on the street.
Introduced, considered favorably on first reading, and ordered published this 6th
day of April A.D. 2004, and to be presented for final passage on the 20th day of April A.D.
2004.
_________________________________
Mayor
ATTEST:
______________________________
City Clerk
Passed and adopted on final reading this 20th day of April, A.D. 2004.
__________________________________
Mayor
ATTEST:
______________________________
City Clerk
1
Where are alley houses permitted?
Within the Neighborhood Conservation Low Density (NCL), Neighborhood Conservation Medium
Density (NCM), and Neighborhood Conservation- Buffer (NCB) Zone Districts (see Map) under the
following density limitations:
NCL- 6,000 square feet of lot area per house (i.e.- if a lot exceeds 12,000 square feet, an alley house
is permitted)
NCM and NCB- 5,000 square feet of lot area per house (i.e.-if the lot exceeds 10,000 square feet an
alley house is permitted)