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HomeMy WebLinkAbout063 - 04/20/2004 - AMENDING THE LAND USE CODE TO ADDRESS ISSUES PERTAINING TO CARRIAGE HOUSES AND ACCESSORY BUILDINGS W 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: t 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 carnage 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 2 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. (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. 3 (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 calculating 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(7Yz) 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 located behind a street-fronting 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 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 4 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 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. 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. (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 5 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(I 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 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. 6 (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. (b) Eave Height. 1. The exterior cave height of an cave along a side lot line 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. 2. The exterior cave height of an cave along a side lot line 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 cave 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). 7 I Illustration of Carriage House Roofline and Eave Heights (3) Carriage Houses and Habitable Accessory Buildings. (a) Carriage Houses. 1. Water and sewer lines may be extended from the principal building on the lot to the carriage house. 2. 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. (c) Additional Review Criteria for Carriage Houses and Accessory Buildings with Habitable Space. The following 8 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. (4) 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. (5) 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. (6) 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 9 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. 3. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Child care centers. 10 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. 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 �1 two-family dwelling is located within a street- fronting principal building. 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, and provided such multi-family dwelling is located within a street- fronting principal building. 4. 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. (b) Institutional/Civic/Public Uses: 1. Public and private schools for elementary, intermediate and high school education. 12 (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 calculating 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 (7'/2) 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 located behind a street-fronting 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 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 13 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 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. 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. (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 14 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. (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 15 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 of an eave along a side lot line 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. 2. The exterior eave height of an eave along a side lot line 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. 16 1. Water and sewer lines may be extended from the principal building on the lot to the carriage house. 2. 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. (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 carnage 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 carnage 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 17 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. (4) 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. (5) 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. (6) 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: 18 (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) Institutionat/Civic/Public Uses: 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. 19 (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 [41 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-13 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. 3. Multi-family dwellings up to four(4) units provided that such multi-family dwelling is located within a street-fronting principal building. 4. Multi-family dwellings containing more than four (4) dwelling units per building at a density of up to 20 twenty-four (24) dwelling units per acre provided such multi-family building is located within a street-fronting principal building. 5. 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. 6. 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) Commercial/Retail Uses: I. 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: I. 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 provided such multi- family dwelling is located within a street-fronting principal building. 21 (b) Institutionat/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. (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 calculating 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 (7%) 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 located behind a street-fronting principal building shall contain a 22 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 contain habitable space. Any such structure containing habitable space that is proposed to be located behind a street-fronting 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. 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. 23 (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 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 comer 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. 24 (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 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 carnage 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. 25 (b) Eave Height. 1. The exterior cave height of an eave along a side lot line 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. 2. The exterior cave height of an cave along a side lot line 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 cave 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. Water and sewer lines may be extended from the principal building on the lot to the carriage house. 2. 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 26 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 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. (4) Landscape/Aardscape 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. (5) 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. 27 (6) 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, which fronts on the street. Introduced, considered favorably on first reading, and ordered published in summary form this 6th day of April A.D. 2004, and to be presented for final sage on the 20th day of April A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of April, 004. -,-Ma Tor ATTEST: __ 4QLML City Clerk 28