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HomeMy WebLinkAbout05112023 ZPC Agenda Item 3 OCiryof West University Place 3 . SF District Consolidation TX BBG CONSULTING,INC. t iii ;F .S? a 0 ,.: 1 i P1 ? 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The purpose of this Article is to prescribe regulations which differ by residential and overlay districts. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district and overlay district within which it applies. Section 7A-101. Regulations,tables, etc. (a) In General. Every use, building site and structure must comply with the regulations set out in the following tables:Table 7A-1 Building Site Dimensions;Table 7A-2. Uses;Table 7A-3.Yards(or'setbacks');Table 7A-4. Open& Pervious Areas;Table 7A-5a.Garage Space;Table 7A-5b. Buildings;Table 7A-6a. Parking, Driveways, Etc.;Table 7A-6b. Certain Structures. (b) Projections. Permissible projections into yards, and details about computation of open and pervious areas, are set out in Table 7A-7,the"Projections Schedule." Table 7A-1.Building Site General Rule:This table prescribes the minimum dimensions for building sites,by Dimensions District.("DU"means"dwelling unit.")Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2)See special notes in table.(3) The Z&PC may establish different dimensions by approving a plan,plat or replat (see Article 5). Item Measurement SF OBSOD RCOD TH GR-1 GR-2 Old building sites Width, 50 ft. 75 ft. 50 ft. N/A 50 ft. 100 ft. (before October minimum See See 24,1987) Note 4 Note 4 See Notes 1 and 2. Depth, 100 ft. 105 ft. 100 ft. N/A 100 ft. 100 ft. minimum See See Note 4 Note 4 Area, 5,000 7,875 5,000 2,000 5,000 40,000 minimum sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. per DU See See Note 5 Note 5 New building sites Width, 75 ft. 75 ft. 75 ft. N/A N/A N/A (on or after minimum October 24,1987) See Note 3. Depth, 110 ft. 110 ft. 110 ft. N/A N/A N/A minimum Area, 8,250 8,250 8,250 2,000 2,000 2,000 minimum sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. per DU per DU per DU Created: 2022-08-09 16:05:10 [EST] Page 1 of 20 Note 1. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet of total area,if the building site:(i)was improved with a principal building in existence on the 1987 effective date or for any period of twenty consecutive years prior to the 1987 effective date,under circumstances where there was no additional land used for the building site,and(ii)was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments,or as specifically allowed by Article 5. Note 2. 4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the city council or the Z&PC, (ii)has not been made smaller thereafter for any reason. Note 3. Certain Re-Subdivisions After October24,1987.A subdivided lot in a SF or GR-1 District may be further subdivided to produce a building site with less than seventy-five(75)feet of width or less than one hundred ten(110)feet of depth if all applicable procedures under state law and the City's ordinances,rules and regulations are followed and one of the following three sets of circumstances is present:(A)All portions of the subdivided lots are added to adjoining subdivided lots.(8)The number of lots is not increased,and all resulting lots have:(i)a depth greater than or equal to the depth of the shallowest lot before the re- subdivision,and(ii)a width greater than or equal to the width of the narrowest lot before the re-subdivision;provided that no resulting lot is irregularly shaped(unless it was so shaped before the re-subdivision).(C)A portion of the subdivided lot is needed for City use or utility or service use. Note 4. Width&Depth in GR-1 and GR-2 Districts.Minimum widths and depths do not apply to single-family uses(attached or detached). Note 5. Area in GR-1 and GR-2 Districts.Minimum area is 2,000 sq.ft.for single-family uses(attached or detached). Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 2 of 20 Table 7A-2:Uses General Rule: "A"are allowed as the primary use "SE"are allowed as the primary use to the extent authorized by special exception"X" are prohibited. Exceptions/Special Rules:(1)see Article 7C for rules governing planned development districts.(2)See special rules noted in table.The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Specific Use SF TH GR-1 GR-2 Category Residential Single-family A(See Note 1) A (detached) Single-family X A A (attached) (See Note 1) Other X X A residential Public and Park, A(See Notes 1 and 3) Semi-Public playground, or community center (public), school (public),place of worship Private green (See Notes 1 and 2) space School(other) X X X X (See Note 9) Utility or A(See Note 1) service use. See Article 8. Personal A or SE See PWSF Schedule.(See Note 1) Wireless Service Facility (PWSF)use. All other uses X X X X Note 1. High-density occupancies in SF District.High-density occupancies are allowed in SF Districts only to the extent authorized by a special exception.The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is(i) accessory to a lawful primary use and(ii)reasonably compatible with nearby sites and their uses(in addition to any other findings and determinations required for a special exception).Note:A previously-issued special exception that authorized a use with a high-density occupancy is sufficient to comply with this note. Note 2 Private Green Space.Vineyards,gardens,landscaping,private playgrounds and other similar uses that are predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized by a special exception,the only structures allowed are fences,playground equipment and landscaping structures(e.g.,low,retaining walls,borders,etc.).The Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 3 of 20 ZBA mayissue a special exception to authorize other structures.The special exception shall include a site plan specifying and P P limiting allowable structures.If so ordered by the ZBA,the site plan controls over any other ordinance to the contrary.However, the site plan may not specify yards(or"setbacks")different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary for efficient use of the available space and(ii)compatible with nearby sites and their uses.The special exception may allow accessory structures without a principal building. Note 3. Accessory Uses and Structures.In the indicated districts,the ZBA may issue a special exception to authorize additional uses and structures,if the ZBA finds and determines that each additional use and structure is:(i)accessory to a lawful primary use and(ii) compatible with nearby sites and their uses.The special exception may include a site plan identifying and limiting such uses and structures. (Ord. No. 1799, §1(ex.A),5-23-2005;Ord.No.2005,§1(Exh.A),3-9-2015) Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 4 of 20 Table 7A-3:Yards General Rule:No part of any structure may be located within a part of a building site (or'setbacks') included within a yard defined,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)Structures may be located in yards to the extent allowed by the Projections Schedule in Table 7A-7.(2)See special rules noted in table.(3)See PDD Schedules for Planned Development Districts.(4)See additional setbacks in the PWSF Schedule. Item Measurement SF TH GR-1 GR-2 Front yard Distance from 20 feet if the building site depth is 110 feet 10 ft. 20 ft. front street or less;25 feet if the building site depth is (See Note 8) (See Note 8) line. more than 110 feet but not more than 125 feet;30 feet if the building site depth is more than 125 feet.(See Note 6) Interior Distance from Greater of 10%of building site width or 5 5 ft. side yard side property feet.(See Note 2) (See Notes 4 and 5 See Note 8) line(each side). Street side Distance from Greater of 10%of building site width or 5 ft. 10 ft. yard side street (See Notes 2,3,7) (See Note 8) line. Rear yard Distance from 20 ft. 20 ft. 5 ft. rear property (See Note 1) (See Note 8) (See Note 8) line. SF Distance from N/A 20 ft. Bufferyard nearest part (See Note 8) of an SF District. Note 1.Through Lots or Building Sites or Rear Through Lots or Building Sites.If a lot or building site extends all the way through a block so that the front and rear both abut a street area,there is no rear yard.The site is a"through"or"rear through"lot or building site,and is considered to have two front yards,one at each street frontage.Front yard(setbacks)shall be as provided in Table 7- 2.Exceptions:1)If the site is"flag"shaped or irregular,the"flag"portion shall have the same setback as the adjoining building sites fronting that street;2)If a through lot abuts a Major Thoroughfare and a local street and has a lot depth less than 160 feet, then the lot shall have a front yard on the local street and a back yard on the Major Thoroughfare.Provided,further,there shall be no vehicular access to the street adjacent to the back yard;3)If a through lot abuts Auden Street and a dead-end street,then the lot shall have a front yard on Auden Street and a back yard on the dead-end street.Provided,further,there shall be no vehicular access to the street adjacent to the back yard. Note 2.Narrow Site"3/7"Exception.Alternate side yard areas apply to a building site meeting all four of the following criteria:(A)The building site is less than 55 feet wide.(B)The use is single-family(detached)use.(C)Outside the rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a"prior building"on another building site(unless there are "prior buildings"on both sides,each within seven feet of the property line,in which case the minimum separation from a"prior building"is eight feet).A"prior building"is a building in existence,under construction or covered by a current building permit when a building permit is issued for the subsequent building.(D)The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria:(1)Minimum setback,interior:3 feet. (2)Minimum setback,street side:5 feet.(3)Minimum setbacks,both sides combined:greater of 10 feet or 20%of the building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7-6a regarding"alternating driveway"rule. Note 3.Rotated Corners.For rotated corner building sites(RCOD only),the minimum side street yard width is:(i)10 feet if the building site width is 65 feet or less,(ii)10 feet plus the distance by which the width of the building site exceed 65 feet,if the Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 5 of 20 building site width is more than 65 feet but less than 75 feet,(iii)20 feet if the building site width is 75 feet or more but less than 100 feet,or(iv)for building sites 100 feet wide or more,the side street yard width is determined by the same rules as the front yard depth,except that the"depth"of the building site is measured from the side street line. Note 4.Common Walls.In the TH and GR-2 districts,the ZBA may issue a special exception for a zero-width side yard,but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls(in either case with a four-hour fire rating or better)along the property line.See,also,Note 8,below,for Qualified Medium Density Subdivision. Note 5.Common Walls in New Townhouse Construction.In all PDD-TH districts,where new townhouses are concurrently constructed on two or more abutting building sites along a block face,zero-width side yards are allowed by right wherever a common wall or continuously abutting separate walls will be constructed and maintained(in either case with a four-hour fire rating or better) along the property line.On each building site that contains the end townhouse in a row of attached townhouses on abutting sites,the interior side yard requirement,or the street side yard requirement for a corner site,shall apply along the side property line where a common wall or continuously abutting separate walls will not be constructed.See,also,Note 7,below,for Qualified Medium Density Subdivision. Note 6.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a major thoroughfare,if the front yard prescribed is at least 10 feet deep,and if the special exception requires the greatest practicable amount of pervious area in the front yard. Note 7.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See Article 8. Note 8.Yards In Qualified Medium Density Subdivision(QMDS).In a QMDS,yards are only required around the perimeter of the subdivision and are designated by the subdivision plat.See definition of QMDS.Standard projections into QMDS yards are allowed per the Projections Schedule.In addition: (a) Front yard(GR-1 or GR-2 Only):A principal building with an internal access garage may project as close as 10 feet to the street area if,in the projecting part:(a)there is a first-floor porch or with at least 80 sq.ft.of floor space(open or screened)and no dimension smaller than seven feet;(b)above the porch or court,no more than half the usable floor space is enclosed(coverings and other floor space,including open or screened porches,are allowed above all the porch or court);(c)the cornice height does not exceed 27 feet;(d)there are no more than 2.5 stories;and(e)there is no garage space. (b) Front yard:Bay windows,canopies and balconies at least 18 inches above grade may project up to 24 inches beyond the principal building.Steps and handrails may project up to 30 inches beyond the principal building. (c) Rear Yard and SF Bufferyard.Buildings up to 10 feet high(measured from finished grade to top of roof plate)may project, but not closer than 10 feet to the property line. (Ord.No.3013,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST[ (Supp. No.42) Page 6 of 20 Table 7A-4:Open& General Rule:Every building site must have the minimum open and pervious areas shown,by Pervious District,in this table.("N/A"means the rule does not apply.) Areas Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2)See special rules noted in table.(3)See the Projections Schedule for details about calculating open and pervious areas. Item Measurement SF TH GR-1 GR-2 Open Front yard, 60%. N/A 40% area minimum percentage. Rear yard, 60%(See Note 1.) N/A N/A minimum percentage. See Note 5. Entire 45% 25% 25% building site, minimum percentage. Pervious Front yard, 50%(See Note 6) 50%See 50%(See Note 2) area minimum (Note 2) percentage Entire 35% 15% 15% building site, minimum percentage. Landscaping Required,except for single-family detached uses on building sites with 5,000 sq.ft.or more. strips (See Note 3) Qualified For single-family detached uses on building sites with 5,000 sq.ft.or more,Chapter 82 of the trees Code of Ordinance must be located within a contiguous and reasonably compact pervious area containing at least 25 sq.ft. However,additional or better pervious area may be required to comply with Chapter 82. Pervious In a Qualified Medium Density Subdivision only,pervious pavement is allowed to be used for all pavement vehicular areas,and part of it may count as pervious area.(See Note 4) Parking areas, Each parking area containing 21 or more parking spaces must contain interior pervious areas interior in"island"or"peninsula"configurations aggregating in area at least two square feet for each parking space. Note 1.Rear Yard Adjacent to Non-SF.The ZBA may issue a special exception to reduce the requirement for open area in a rear yard in a SF District to not less than 40%,if the rear yard abuts a non-SF District. Note 2.Pervious Area in Qualified Medium Density Subdivision(QMDS).Front yard minimum pervious area requirement in a QMDS is 40%.,or 30%for a front yard in a QMDS"low-impact motor court." Note 3.Landscaping Strips.Vegetated pervious areas required as follows:(a)minimum five feet wide adjacent to each street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not required along alleys or where they must be crossed by sidewalks or driveways.Strips along street areas must have live,evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of Ordinances(maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or trees,upon a showing that(i)the spacing is allowed by standard urban forestry criteria Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 7 of 20 for the particular species and location and(ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular landscaping will,in all probability,be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property. Note 4.Pervious Pavement.In a Qualified Medium Density Subdivision,the area of the holes or gaps(if actually pervious)counts toward pervious area requirements(but no more than 30%out of any area with pervious pavement may count). Note 5.0Id Stock Housing.The ZBA may issue a special exception to reduce the open area requirement in the rear yard,if the ZBA determines:(i)the reduction is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built, before 1980);and(ii)there will be no substantial adverse impact upon nearby properties. Note 6.All pervious areas in a front yard must be natural vegetation or landscape areas that receive rainwater and allow it to pass through or be absorbed. (Ord. No. 1798, §1(ex.A),5-23-2005;Ord. No. 1800,§1(ex.A),5-23-2005;Ord. No. 1872, §1(ex.A),4-28-2008; Ord. No.2005, §1(Exh.A),3-9-2015;Ord. No.3014,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 8 of 20 Table 7A-5a:Garage space General Rule:Every building site,garage space and related structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in table. (2)See Note 1 regarding special exceptions. Item Regulation SF TH GR-1 GR-2 Garage space,in Garage parking Minimum 2.0 per DU(1.0 per DU for Minimum 2.0 per DU;each must be general spaces.See old stock housing);each must be enclosed. Article 10 enclosed or semi-enclosed and adjoin a driveway.Maximum 1.0 per 2,225 square feet of building site area,not to exceed 4.0. Minimum garage Ten feet wide,20 feet deep(for each 12 ft.wide,25 ft.deep(for each parking space required garage parking space). required garage parking space). dimensions Garage doors or Maneuvering See Article 10 openings area Door or opening Prohibited unless:(i)the garage door is (May affect eligibility as Qualified facing front set back ten feet or more from the Medium Density Subdivision.See street line. front yard,and(ii)there is only open definitions in Article 2.) area above the driveway for at least seven feet inward from the front yard, and(iii)any structure above the driveway(and within ten feet of the front yard)must be cantilevered or suspended from the building(no special posts or vertical supports being allowed). Door or opening Prohibited unless:(i)the garage door is (May affect eligibility as Qualified facing side street set back ten feet or more from the side Medium Density Subdivision.See line street line,and(ii)there is only open definitions in Article 2.) area above the driveway for at least seven feet inward from the side street line,and(iii)any structure above the driveway(and within ten feet of the side street line)must be cantilevered or suspended from the building(no special posts or vertical supports being allowed). Garage accessory Limit on non- Max.600 sq.ft.Gross Floor Area in any N/A buildings garage space accessory building containing garage space. Note 1.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway in another location or with a different design than prescribed by this table,if it finds that:(i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs;(ii)the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety considerations. Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 9 of 20 Table 7A-5b:Buildings General Rule:Every structure must conform to the applicable regulations shown, by District,in this table.("N/A" means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts. Item Regulation SF TH GR-1 GR-2 Dwelling units Maximum number per One,plus one accessory quarters 17.5 per Two 24 per acre. building site acre.See Note 9 Framed area, Maximum area as a 80% 100%(See Note 3) all buildings on percentage of building a building site site area Length or Maximum horizontal N/A 130 feet.(See Note 2) width,any dimension building Exterior Type N/A Must be of equal grade and quality,all sides. materials,any See Section 8-104 building. Separation of Fire-rated wall N/A A four-hour fire wall,or its equivalent,must Dwelling units separate adjoining dwelling units.(See Notes 2 and 4) SF privacy (See Note 7). N/A Applies. protection Accessory Maximum number per Three N/A buildings building site See Article 10 regarding Height,maximum 25 ft. garage space. Principal Stories,maximum Two and one-half. Three. (See Note 5). buildings See Article 10 Height,maximum 35 feet;25 feet in rear yard.(See Note 1,and Note 10) regarding garage space. Minimum gross floor 1,400 square feet,if used for 1,200 sq.ft., 750 sq.ft,each Dwelling unit area residential purposes each DU. Width,minimum N/A 16 ft.,each N/A But see Qualified DU. Medium Density Subdivision Schedule. Height and See Note 9 N/A screening of rooftop mechanical equipment Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 10 of 20 Note 1.Antennas and Chimneys.Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above the roof.The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof. Note 2.Building Detail,TH and GR Districts.To separate buildings,there must be open area at least five feet wide maintained so that firefighters with hoses could pass through. Note 3.Framed Area In Qualified Medium Density Subdivision(QMDS).Allowed square footage for a given building site is calculated by multiplying the allowable percentage by(a)the building site's area plus(b)an allocated part of any common use areas in the same QMDS(e.g.,access easements,private streets,alleys,reserves,etc.that are not part of a building site).The allocated part is proportional to the building site's area divided by the area of all building sites in the same QMDS. Note 4.Building Code.Separation requirements are in addition to other requirements of building codes and other ordinances.See Code of Ordinances. Note S.Height in GR-1,GR-2.Principal buildings in GR-1 or GR-2 Districts may be three stories high,but subject to the lower height limits prescribed for projecting spaces.See Table 7A-3,Note 6. Note 6.Certain Projecting Buildings.Special height rules apply to buildings projecting into yards.See Tables 7A-3 and 7A-7. Note 7.SF privacy protection.On a building site where this applies,there may not be a direct sight line from any"third-floor viewpoint" to any point in an"SF privacy zone."A"third-floor viewpoint"is any viewpoint on a"third-floor area"at eye level(six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor is 18 feet or higher.The"SF privacy zone" includes every point:(i)within 100 feet of the third floor viewpoint in question,(ii)on a building site in an SF District,and(iii) below 20 feet in height.See Figure SFP. Note 8.Calculation of DU's Per Acre.In a Qualified Medium Density Subdivision (QMDS)only,the total number of DU's is divided by the total acreage of the QMDS to calculate the number of DU's per acre. Note 9.Rooftop Mechanical Equipment.In the C,TCC and POD-C1 districts,any rooftop mechanical equipment,whether new or replacement equipment,shall be accommodated within the maximum building height limit and shall be fully screened from off- site and street area views through design and materials consistent with the overall design and colors of the principal building.This may include use of sloped roofs,a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such building features comply with and do not project above the maximum building height limit. Note 10.Height of Flood Loss Structures.The roof height of existing flood loss structures that are being raised to meet floodplain regulations may exceed the existing roof height by an amount equal to the distance the structure is elevated.In no case may the maximum roof height exceed 39 feet and 27 feet in the rear yard setback. (Ord. No.2075,§ 1(Att.A), 6-10-2019) Created: 2022-08-09 16:05:10 [ESTI (Supp.No.42) Page 11 of 20 Table 7A-6a: General Rule:Every building site,vehicular area and related structure must conform to the Parking,driveways,etc. applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(3)See Article 9 regarding Planned Development Districts.(3)See Note 7 regarding special exceptions.(4)See Article 10. Item Regulation SF TH GR-1 GR-2 Off-street Number, Depends on land use,layout,etc.See this Table, Table 7A-5a,and Article 10(including parking location, maneuvering areas,design requirements, "same site"rule,yards,street areas,loading spaces and size,design spaces,etc.). parking areas Other regulations apply;see, e.g.Article 10 Maneuvering See Article 10 areas Grouping or Not allowed,except in a QMDS platted parking reserve serving two or more dwelling units. sharing. (See Note 2) Use of Parking spaces for non-single-family detached uses may only be used for motor vehicle parking parking.(See Note 3) areas Emergency Minimum 20 ft,via public or private street,to each principal building and each dwelling unit(or to an accessway width.(See adjacent open area accessible to firefighters and equipment).Other regulations also apply, Note 1) e.g,fire code. Driveways Minimum For single-family detached uses:nine ft. and private width.(See For non-single-family detached residential use:10 feet,or 17 feet if two-way and serving streets Note 1) three or more DU's. Other regulations Maximum For single-family detached uses:(i)Driveway serving any single-bay garage:12 feet.(ii) apply;see, width(in Driveway in a front yard serving rear garage or side-facing garage:12 feet.(iii)Driveway in e.g.Article front yard or side street area of a corner site serving a side-facing garage with three or more bays:30 feet; 10 street area) (iv)Any other driveway:20 feet. For other residential uses:24 ft.(or 35 feet if connecting to a (See Note 1) major thoroughfare).For all other uses:30 feet(or 35 feet if connecting to a major thoroughfare). Maximum For non-single-family detached uses:160 feet,driving distance to the nearest street area, length measured along centerline from farthest end point.A longer driveway is allowed if there is an approved turnaround or second means of egress,or if the drive-way is platted as part of the common area in a Qualified Medium Density Subdivision. Route, (See Note 6) N/A location Spacing For non-single-family detached uses:There must be at least 40 feet between the"inside" apron edges(at their narrowest points)of driveways serving the same building site. Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 12 of 20 Pavement Required For single-family detached uses:Hard-surfaced or pervious pavement required for each type required driveway and parking space;twin"ribbons"of pavement are permitted.For all (See Note 4) other uses:Reinforced concrete,with curbs and drains required for all vehicular areas. Exceptions:(i)See Table 7A-4(pervious pavement)and Note 4,below.(ii)See Article 10 regarding"overhang." Markings; Required For non-single-family detached uses:Parking spaces must be clearly marked on the wheel type pavement,and wheel stops are required.(See Note 8) stops. Curb cuts Number For single-family detached use:Maximum one per designated building site abutting the Other street.For non-single-family detached uses:Maximum one per 50-ft.segment of street line. regulations (See Note 5) apply; see,e.g. Max.width Four feet(for aprons)plus the maximum driveway width allowed.Each curb cut must be Article 10 per 50-ft. confined to the part of the street area that directly abuts the building site(s)served.(See and segment of Note 1) Chapter 70 street line of the Code of Ordinances. Visibility Forbidden The following are forbidden on parts of a building site within a visibility triangle:structures, triangles structures, plants or other things taller than 2.0 ft.or shorter than 8.0 ft.This does not require removal See plants and of trees in existence on July 1,1992,if kept pruned. definitions other things in Article 2 Note 1.Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for non-single-family detached use,pavement.Maximum driveway width refers to maximum width of pavement in a front yard or street area, excluding complying curb cut aprons.Maximum curb cut width refers to the width of the driveway plus aprons,measured at the edge of the roadway. Note 2.Grouped or shared parking.Article 10 also provides for a special exception,in certain circumstances. Note 3.Parking exclusivity(non-single-family detached uses).Required parking spaces must be kept open,readily accessible and used for parking only,with no sales,dead storage,display,repair work,dismantling or servicing of any kind.Required guest parking spaces must be kept open and reserved for that use only. Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to water runoff. Note 5.Curb cuts.The ZBA may issue a special exception for additional curb cuts.Exception:The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances.These additional curb cuts are not prohibited and do not require a special exception. Note 6.Route;Alternating Driveways.Each driveway must connect garage space to the street by the most direct route.On narrow sites where alternate side yard areas apply(see"Yards"table),the following special restrictions also apply:(A)there must be a driveway located as nearly as practicable to one side of the site;(B)the side is determined in accordance with the established driveway pattern for the block face in question,if there is such a pattern;and(C)if there is no such pattern,and if there is an adjacent driveway on one adjoining building site but not the other,the driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City,and(ii)a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway(or other maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that:(i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs;(ii) the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the remodeling of a principal Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 13 of 20 building,the location requested is the same location as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety considerations. Note 8.Curbs as Wheel Stops.Curbs may be used as wheel stops.Area outside a curb-wheel stop counts toward minimum parking space dimensions if actually usable as"overhang"and not needed for maneuvering area. (Ord. No. 1925,§1(ex.A),8-9-2010;Ord. No. 1977,§1(Exh.A),5-20-2013;Ord. No.2005,§1(Exh.A), 3-9-2015; Ord. No.2030,§1(Att.A),2-27-2017;Ord. No.3014,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 14 of 20 Table 7-6b:Certain General Rule:Every structure must conform to the applicable regulations shown,by District,in Structures this table.("N/A"means the rule does not apply.)Exceptions/Special Rules:(1)See special rules noted in table.(3)See Article 9 regarding Planned Development Districts. Item Regulation SF TH GR-1 GR-2 Swimming Maximum One(See Note 1) (See Note 2) N/A pools number per building site Tennis Maximum One(may only be a private tennis court).(See courts number Note 1) per building site All Height, 25 feet.But see"Buildings"table for certain building height limits. structures maximum (See Note 3)See, also, Article 8 Note 1. Tennis Courts.,Swimming Pools in SF Districts.Each tennis court in a SF District must:(i)be a private accessory structure for a single building site,(ii)be used for residential purposes only,(iii)be open to the sky,but enclosed and screened to a height of at least eight feet on all sides,and(iv)never be lighted for play.Each swimming pool in an SF District must be a private accessory structure for a single building site and used for residential purposes only. Note 2. Swimming Pools,Tennis Courts in TH Districts.The ZBA may issue a special exception for a tennis court or a swimming pool if the ZBA finds that the proposed facility will not create a drainage or noise problem and will not cause a significant increase in traffic on nearby streets.Tennis courts and swimming pools must comply with the tennis court and swimming pool regulations in the SF Districts,but may serve commonly-platted or restricted sites.(See Note 1) Note 3. Utility Poles.An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high,if the administrative official certifies that the additional height is necessary to separate wires of different voltages and capacities from each other and from the ground,applying standard technical codes and utility safety guidelines. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 15 of 20 Table 7A-7:Projections Schedule General Rule:This schedule describes certain structures which are allowed to "project"into yards(or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures.See the"Yards(or 'setbacks')"and the"Open&Pervious Areas"tables. Type of Structure Maximum Allowed Projection(In Inches),Measured From The Special Rules Inside Edge Of The Yard For Calculating Open& Pervious Areas Front Yard Rear Yard Side Yard Single- Family(SF) Bufferyard Buildings And Items above ground 15"(See 15"(See 24"except 15"(See The area does Attached level:Eaves,cornices, Note 1) Notes 1 and that no item Notes 1 and not count as Structures roof extensions, 15) below the 15) open area. "greenhouse"and bay eave may be windows(no floor closer than space),window sills, 36"to the cantilevered building SPL.See space,window boxes, Notes 1 and belt courses,window air 15) conditioners and similar parts of buildings. Items at and above 15" 15"(See 12"except 15"(See The area does ground level: Notes 1 and that no item Notes 1 and not count as Chimneys/fireplaces 15) below the 15) either open or (with cross-sectional eave may be pervious area. areas of 8 square feet or closer than less)and similar parts of 36"to the buildings. SPL.(See Notes 1 and 15) Porches/platforms/decks 0,(See Notes 0(See Notes 0(See Notes 0(See Notes The area does higher than 14 inches, 1 and 2) 1 and 15) 1 and 15) 1 and 15) not count as and similar structures either open or attached to a building. pervious area. The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. Steps not higher than 120"(See 0(See Notes 0(See Notes 0(See Notes The area does the first floor level. Note 1) 1 and 15) 1 and 15) 1 and 15) not count as either open or pervious area. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 16 of 20 Table 7A-7.Projections Schedule,cont. Type of Structure Maximum Allowed Projection(In Inches),Measured From The Special Rules Inside Edge Of The Yard. For Calculating Open& Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Buildings Items near ground level: 120"(See No limit(See 0(See Note No limit The area And porches,platforms and Note 1) Note 1) 15) counts as Attached decks higher than six open area. Structures, inches but not higher The area Cont. than 14 inches,and beneath a similar structures deck may attached to buildings count as pervious area if rain is allowed to pass through the deck. Other parts of buildings 0(See Notes 0(See Notes 0(see Notes 0,(See Notes The area and structures attached 1 and 3)_ 1,4,5,and 6 and 15) 1,4,and 15 does not to buildings. 15) count as either open or pervious area. Ground level Sidewalks,patios, No limit, No limit No limit No limit The area and porches/platforms/decks, except that counts as underground retaining walls, decks may open area items driveways,parking areas not project but not as and similar structures not more than pervious higher than six inches;all 120" area unless underground structures. the material See also Table 7A-4 is completely regarding pervious pervious to pavement. water.The area beneath a deck may count as pervious area if rain is allowed to pass through the deck.See Table 7A-4. Mechanical Air conditioning 0 (See Note 7) (See Note 7) 0 The area Equipment equipment,pool does not equipment,and similar count as either open Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 17 of 20 freestanding mechanical or pervious equipment area. Utility meters and related 0 No limit 15" 12" The area may apparatus count as both open area and pervious area. Table 7A-7.Projections Schedule,cont. Type Of Structure Maximum Allowed Projection(In Inches),Measured From The Inside Special Rules Edge Of The Yard. For Calculating Open& Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Certain Basketball 120" No limit No limit(See No limit The area may Accessory goals Note 8) count as both Structures open area and pervious area. Playground 0 No limit 0 No limit The area may equipment count as both open area and pervious area. Flagpoles 120" 0 0 0 The area may count as both open area and pervious area. Fences 0(See Notes 9, No limit No limit(See No limit The area does 10,and 14) Notes 9,10 not count as and 13) either open or pervious area. Swimming 0 0(See Note 11) 0(See Note 11) No limit The area pools counts as open area.Only the water area counts as pervious area. Tennis courts 0 0 0 No limit The area (with counts as open associated area but not screens) pervious area (unless the area is made of grass). Lights and No limit(See No limit(See No limit(See No limit(See The area may lampposts Note 12) Note 12) Note 12) Note 12) count as both Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 18 of 20 open area and pervious area. Gate closers 24" No limit No limit No limit The area may count as both open area and pervious area. Signs(see No limit 0 0 0 The area does Code of not count as Ordinances) either open or pervious area. Note 1.Projections in Qualified Medium Density Subdivision(QMDS).See QMDS Schedule. Note 2.Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line(Example:the maximum projecting volume on a 52%-foot wide site would be 50 cubic feet x 52.5,or 2,625 cubic feet); (it) The porch's outside perimeter is open and unobstructed,except for the following features:(a)Ordinary window screens.(b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor.(c)Supporting vertical columns,if the total width of the outer faces of the columns does not exceed either 50%of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized porch.The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum-sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited by the open area requirement for the front yard.The"outside perimeter"of a porch is the portion of the perimeter out in the front yard;it does not include the portion of the perimeter adjacent to a building or lying along the front setback line; (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example:if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and (v) No projecting balcony or enclosed,habitable space shall be constructed or placed above the ceiling of a projected porch. Note 3.Gas Pipeline Sites.A principal building may project into the front yard if:(a)the building site includes land in the rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a gas transmission(not distribution)pipeline;(b)no part of the principal building,except items that are otherwise allowed to project into front setback areas,is within twenty feet of the front street line;and(c)The entrance to garage space is not closer than thirty feet to the front street line. Note 4.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line of the other building site),except for translucent(but not transparent),non-operable openings.(c)Space in any projecting building may only be used for single-family (detached)use.(d)A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10. Note 5.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or gas transmission(not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility easement or drainage easement,unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the normal restrictions for rear yard projections do not apply(see notes above). Note 6.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets all of the following criteria:(a)No part of the building may be closer than three feet to the side property line.Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage(plus stairway and eaves). (c)Any projecting part must be at least seventy feet from the front street line.(d)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),the building may have no window,door or other opening above the ground floor(and facing the property line of the other building site).Exception:There may be translucent(but not transparent),non- operable openings. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 19 of 20 Note 7.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment;(b)if the equipment occupies any part of an easement under the control of the City,the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line,the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line) only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard,replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided, but it may be either solid or at least 50%solid(e.g.,lattice).All other rules apply. Note 8.Basketball Goals.No part of the equipment may be closer than ten feet to any street line. Note 9 Fences.Fences may project into front and side yards to the extent expressly required or authorized by city ordinance(e.g., provisions in Chapter 18 of the Code of Ordinances;provisions in PDD schedules for front fences).Also in the Code of Ordinances,there are:(i)requirements for emergency portals in fences(Chapter 18)and(ii)restrictions on fences,certain "fence-like hedges"and other things in visibility areas(Chapter 82).In a Qualified Medium Density Subdivision low fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets. Note 10.Fence-like hedges.Fence-like hedges within the front yard(setback)of a building site containing no principal building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites.Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 11.Swimming Pools.Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Note 12.Lampposts.Maximum diameter of projecting posts is six inches;maximum height is eight feet. Note 13.Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance,no fence is allowed in the side street yard of a rotated corner building site(RCOD),except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 14.Front Fences in Townhouse Districts.On a building site in a townhouse(TH)district,there may be fences in the front yard,but not higher than seven feet and not closer than five feet to the front street line.More permissive provisions elsewhere may also apply. Note 15.Old Stock Housing.The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard,rear yard or an SF Bufferyard,if the ZBA determines:(i)the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built,before 1980);and(ii)there will be no substantial adverse impact upon nearby properties. Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 20 of 20 ARTICLE 7B. COMMERCIAL DISTRICT-SPECIFIC REGULATIONS Section 7B-100. Purpose and applicability. The purpose of this Article is to prescribe commercial regulations which differ by district. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which it applies. Section 7B-101. Regulations,tables, etc. (a) In General. Every use, building site and structure must comply with the regulations set out in the following tables:Table 76-1 Building Site Dimensions;Table 7B-2: Uses;Table 7B-3:Yards(or'setbacks');Table 7B-4: Open& Pervious Areas;Table 7B-5a: Garage Space;Table 7B-5b: Buildings;Table 7B-6a: Parking, Driveways, Etc.;Table 7B-6b Certain Structures. (b) Projections. Permissible projections into yards, and details about computation of open and pervious areas, are set out in Table 7B-7:Projections Schedule. Table 7B-1.Building Site General Rule:This table prescribes the minimum dimensions for building sites,by Dimensions District. Exceptions/Special Rules:(1)See PDD Schedules for planned development districts. (2)See special notes in table.(3)The Z&PC may establish different dimensions by approving a plan,plat or replat(see Article 5). Item Measurement C Old building sites Width, 75 ft. (before October minimum 24,1987) See Notes I and 2. Depth, 100 ft. minimum Area, 7,500 minimum sq.ft. New building sites Width, 50 ft. (on or after minimum October 24,1987) Depth, N/A minimum Area, 5,000 minimum sq.ft. Note 1. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet of total area,if the building site:(i)was improved with a principal building in existence on the 1987 effective date or for any period of twenty consecutive years prior to the 1987 effective date,under circumstances where there was no additional land used for the building site,and(ii)was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments,or as specifically allowed by Article 5. Note 2. 4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the city council or the Z&PC, (ii)has not been made smaller thereafter for any reason. Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 1 of 19 Table 7B-2:Uses General Rule:Within each District:uses marked"A"are allowed as the primary use, uses marked"SE"are allowed as the primary use to the extent authorized by special exception,and uses marked"X"are prohibited. Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2) See special rules noted in table.The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Specific Use C TCC Category Residential Single-family X (detached) Single-family X X (attached) Other residential X X Public and Park,playground, A(See X Semi-Public or community Notes 2 center(public), and 3) school(public), place of worship Private green A(See Notes 1) space School(other) SE(See X (See Note 5) Note 2) Utility or service A use.See Article 8. Personal Wireless A or SE(See PWSF Schedule.) Service Facility (PWSF)use. Commercial Light commercial A(See Note 7) A(See Notes 6 and 7) See Article 8 regarding certain sexually oriented businesses. Medium SE X commercial All other uses X X Note 1. Private Green Space.Vineyards,gardens,landscaping,private playgrounds and other similar uses that are predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized by a special exception,the only structures allowed are fences,playground equipment and landscaping structures(e.g.,low,retaining walls,borders,etc.).The ZBA may issue a special exception to authorize other structures.The special exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the site plan controls over any other ordinance to the contrary.However, the site plan may not specify yards(or"setbacks")different from those otherwise required,unless the ZBA finds that the Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 2 of 19 different yards are:(i)necessary for efficient use of the available space and(ii)compatible with nearby sites and their uses.The special exception may allow accessory structures without a principal building. Note 2. Accessory Uses and Structures.In the indicated districts,the ZBA may issue a special exception to authorize additional uses and structures,if the ZBA finds and determines that each additional use and structure is:(i)accessory to a lawful primary use and(ii) compatible with nearby sites and their uses.The special exception may include a site plan identifying and limiting such uses and structures. Note 3. Park,Playground,Etc.In the C District,a park,playground or community center may be privately or publicly owned. Note 5. School(other).A special exception may authorize this use on sites wholly within the C District or partially within the C District and partially within another district. Note 6. Uses in TCC.The only uses allowed in TCC are retail,light office use,and food service use.TCC does not allow for residential use of any kind,bars or club uses,entertainment venues,sexually oriented businesses,auto-intensive uses,gambling establishments,surgical or emergency clinics,or any medium commercial uses. Note 7. Hours of operation.In the C and TCC districts,hours of operation for commercial uses shall not unreasonably impact the residential character of adjoining residential districts.All operations,including deliveries and other outdoor activity,shall comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.All commercial garbage and trash collection activities shall comply with Chapter 38 of the Code of Ordinances. (Ord. No. 1799, § 1(ex.A),5-23-2005;Ord.No.2005,§1(Exh.A),3-9-2015) Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 3 of 19 Table 7B-3:Yards General Rule:No part of any structure may be located within a part of a building site (or'setbacks') included within a yard defined,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)Structures may be located in yards to the extent allowed by the Projections Schedule.(2)See special rules noted in table.(3)See PDD Schedules for Planned Development Districts.(4)See additional setbacks in the PWSF Schedule. Item Measurement C TCC Front yard Distance from 30 ft. 10 ft.(See Note 4) front street (See line. Note 3) Interior Distance from 5 ft. side yard side property (See Notes 2 and 3) line(each side). Street side Distance from 15 ft. (See Note 4) yard side street line. Rear yard Distance from 5 ft.(See Note 1) 25 ft.(See Note 4) rear property line. SF Distance from 10 ft. N/A Bufferyard nearest part of an SF District. Note 1.Through Lots or Building Sites or Rear Through Lots or Building Sites.If a lot or building site extends all the way through a block so that the front and rear both abut a street area,there is no rear yard.The site is a"through"or"rear through"lot or building site,and is considered to have two front yards,one at each street frontage.Front yard(setbacks)shall be as provided in Table 7- 2.Exceptions:1)If the site is"flag"shaped or irregular,the"flag"portion shall have the same setback as the adjoining building sites fronting that street;2)If a through lot abuts a Major Thoroughfare and a local street and has a lot depth less than 160 feet, then the lot shall have a front yard on the local street and a back yard on the Major Thoroughfare.Provided,further,there shall be no vehicular access to the street adjacent to the back yard;3)If a through lot abuts Auden Street and a dead-end street,then the lot shall have a front yard on Auden Street and a back yard on the dead-end street.Provided,further,there shall be no vehicular access to the street adjacent to the back yard. Note 2.Common Walls.In the C district,the ZBA may issue a special exception for a zero-width side yard,but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls(in either case with a four-hour fire rating or better)along the property line.. Note 3.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a major thoroughfare,if the front yard prescribed is at least 10 feet deep,and if the special exception requires the greatest practicable amount of pervious area in the front yard. Note 4.Yards in TCC.In TCC,the front street line is designated as the common boundary of the building site and the Edloe Street street area.For building sites with a side street along Rice Boulevard,the side yard shall be zero feet.For building sites with a side street line along University Boulevard,the side yard shall be five feet.The rear yard may be reduced by any future reduction in the width of the utility easement along the Poor Farm Ditch. (Ord. No.3013,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 4 of 19 Table 7B-4:Open& General Rule:Every building site must have the minimum open and pervious areas shown,by Pervious District,in this table.("N/A"means the rule does not apply.) Areas Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2)See special rules noted in table.(3)See the Projections Schedule for details about calculating open and pervious areas. Item Measurement C TCC Open Front yard, N/A area minimum percentage. Rear yard, N/A minimum percentage. Entire 15% building site, minimum percentage. Pervious Front yard, N/A area minimum percentage Entire 15% 10% building site, minimum percentage. Landscaping Required(See Notes 1 and3) strips Qualified See Chapter 82 trees Pervious In a QMDS only,pervious pavement is allowed to be used for all vehicular areas,and part of it pavement may count as pervious area.(See Note 2) Parking areas, Each parking area containing 21 or more N/A interior parking spaces must contain interior pervious areas in"island"or"peninsula" configurations aggregating in area at least two square feet for each parking space. Note 1.Landscaping Strips.Vegetated pervious areas required as follows:(a)minimum five feet wide adjacent to each street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not required along alleys or where they must be crossed by sidewalks or driveways.Strips along street areas must have live,evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of Ordinances(maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or trees,upon a showing that(i)the spacing is allowed by standard urban forestry criteria for the particular species and location and(ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular landscaping will, in all probability,be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 5 of 19 Note 2.Pervious Pavement.In a QMDS,the area of the holes or gaps(if actually pervious)counts toward pervious area requirements (but no more than 30%out of any area with pervious pavement may count). Note 3.Visual Buffer Zone.In TCC,along the east edge of each property a landscaped buffer zone shall be established consisting of trees, shrubs,and other durable vegetation adequate to minimize the transmittal of light and provide a visual buffer between a use in TCC and adjacent SF district properties.Evergreen shrubs shall be planted to form a continuous hedge with no gaps.Shrubs shall be hardy species that will withstand freezing temperatures.The plants shall be at least 18 inches in height as measured from the surrounding soil line and shall have a maximum 18 inch width at the widest portion when planted.Shrubs shall be capable of growth to not less than 48 inches in height when measured from the surrounding soil line and shall form a continuous hedge within three annual growing seasons.Shrubs shall be maintained at a height that does not interfere with overhead utility lines. Trees planted in the buffer zone shall not interfere with overhead utility lines. (Ord. No. 1798, §1(ex.A),5-23-2005;Ord. No. 1800, §1(ex.A),5-23-2005;Ord. No. 1872,§1(ex.A),4-28-2008; Ord. No.2005, §1(Exh.A),3-9-2015;Ord. No.3014,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 6 of 19 Table 7B-5a:Garage space General Rule:Every building site,garage space and related structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts.(3)See Note 1 regarding special exceptions. Item Regulation C Garage space,in Garage parking Minimum 2.0 per DU;each must be enclosed. general spaces.See Article 10 Minimum garage 12 ft.wide,25 ft.deep(for each required garage parking space). parking space dimensions Garage doors or Maneuvering area See Article 10 openings Garage accessory Limit on non-garage N/A buildings space Note 1.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway in another location or with a different design than prescribed by this table,if it finds that:(i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs;(ii)the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety considerations. Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 7 of 19 Table 7B-5b:Buildings General Rule:Every structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table. Item Regulation C TCC Dwelling units Maximum See Uses table and Article 9 N/A number per building site Framed area,all Maximum N/A buildings on a area as a building site percentage of building site area Length or width, Maximum N/A any building horizontal dimension Exterior Type Must be of equal grade and quality,all sides.See Section 8-104 materials,any building. Separation of Fire-rated wall A four-hour fire wall,or its equivalent, N/A Dwelling Units must separate adjoining dwelling units. (See Note 2) SF privacy (See Note 3) N/A protection Accessory Maximum N/A buildings number per See Article 10 building site regarding garage space. Height, 35 ft.(See Note 1) 35 ft.(See Notes 5 and 6) maximum Principal Stories, N/A Two buildings maximum See Article 10 • regarding Height, 35 ft.(See Note 1) 35 ft.(See Notes 5 and 6) garage space. maximum Minimum 1,400 sq.ft. gross floor area Width, N/A minimum Height and (See Note 4) Applies screening of rooftop mechanical equipment Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 8 of 19 Note 1.Height In C District.In the C District,no part of any structure(except a fence)may be higher than the horizontal distance from that part to the nearest part of an SF District. "Note 2.Building Code.Separation requirements are in addition to other requirements of building codes and other ordinances.See Code of Ordinances. Note 3.SF privacy protection.On a building site where this applies,there may not be a direct sight line from any"third-floor viewpoint" to any point in an"SF privacy zone."A"third-floor viewpoint"is any viewpoint on a"third-floor area"at eye level(six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor is 18 feet or higher.The"SF privacy zone" includes every point:(i)within 100 feet of the third floor viewpoint in question,(ii)on a building site in an SF District,and(iii) below 20 feet in height.See Figure SFP. "'Note 4.Rooftop Mechanical Equipment.In the Cand TCC districts,any rooftop mechanical equipment,whether new or replacement equipment,shall be accommodated within the maximum building height limit and shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building.This may include use of sloped roofs,a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such building features comply with and do not project above the maximum building height limit. Note 5.Building Placement and Maximum Height in TCC.In TCC,the following height restriction shall apply:(i)Principal buildings shall be located in the front 60 feet of the building site and shall be limited to 2 stories and 35 feet in height,including any rooftop mechanical equipment.(ii)Accessory structures shall be located in the rear 70 feet of the building site and shall be limited to 35 feet in height,including any rooftop mechanical equipment.(iii)Any rooftop mechanical equipment,whether new or replacement,shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building.This may include use of sloped roofs,a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such building features comply with and do not project above the maximum building height limit. Note 6.Street Level Orientation in TCC.In TCC,the first floor of all buildings shall be at grade level.Elevated structures with open areas or parking below the second floor are not permitted. (Ord. No. 2075,§1(Att.A),6-10-2019) Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 9 of 19 Table 7B-6a: General Rule:Every building site,vehicular area and related structure must Parking,driveways,etc. conform to the applicable regulations shown,by District,in this table.("N/A" means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(2)See Note 7 regarding special exceptions.(3)See Article 10. Item Regulation C TCC Off-street parking Number, Depends on land use,layout,etc.See this Table, Table 78-5a,and Article 10 spaces and location,size, (including maneuvering areas,design requirements, "same site"rule,yards,street parking areas design areas,loading spaces,etc.). Other regulations apply;see, Article 10 Maneuvering See Article 10 areas Grouping or (See Note 2) sharing. Use of parking Parking spaces for non-SFD uses may only be used for motor vehicle parking.(See areas Note 3) Emergency Minimum width. 20 ft,via public or private street,to each principal building and each Dwelling Unit accessway (See Note 1) (or to an adjacent open area accessible to firefighters and equipment).Other regulations also apply,e.g,fire code. Driveways and Minimum width. For Single-Family Detached use:nine ft. private streets (See Note 1) For non-Single Family Detached residential use:10 feet,or 17 feet if two-way and Other regulations serving three or more Dwelling Units. apply;see,e.g. Article 10 Maximum width For Single-Family Detached use:(i)Driveway serving any single-bay garage:12 (in front yard or feet.(ii)Driveway in a front yard serving rear garage or side-facing garage:12 street area) feet.(iii)Driveway in side street area of a corner site serving a side-facing garage (See Note 1) with three or more bays:30 feet;(iv)Any other driveway:20 feet.For other residential uses:24 ft.(or 35 feet if connecting to a major thoroughfare).For all other uses:30 feet(or 35 feet if connecting to a major thoroughfare). Maximum length For non-Single-Family Detached uses: 160 feet,driving distance to the nearest street area,measured along centerline from farthest end point.A longer driveway is allowed if there is an approved turnaround or second means of egress. Route,location N/A Spacing For non-Single-Family Detached uses:There must be at least 40 feet between the "inside"apron edges(at their narrowest points)of driveways serving the same building site. Pavement Required type For Single-Family Detached use: Hard-surfaced or pervious pavement required for (See Note 4) each required driveway and parking space;twin"ribbons"of pavement are permitted.For all other uses:Reinforced concrete,with curbs and drains required for all vehicular areas.Exceptions:(i)See Table 7B-4(pervious pavement)and Note 4,below.(ii)See Article 10 regarding"overhang." Markings;wheel Required type For non-Single-Family Detached uses:Parking spaces must be clearly marked on stops. the pavement,and wheel stops are required.(See Note 8) Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 10 of 19 Curb cuts Number For Single-Family Detached use:Maximum one per designated building site Other regulations abutting the street.For non-Single-Family Detached uses:Maximum one per 50- apply; ft.segment of street line.(See Note 5) see,e.g.Article 10 and Chapter 70 of Max.width per Four feet(for aprons)plus the maximum driveway width allowed.Each curb cut the Code of 50-ft.segment of must be confined to the part of the street area that directly abuts the building Ordinances. street line site(s)served.(See Note 1) Visibility triangles Forbidden The following are forbidden on parts of a building site within a visibility triangle: See definitions in structures,plants structures,plants or other things taller than 2.0 ft.or shorter than 8.0 ft.This Article 2 and other things does not require removal of trees in existence on July 1,1992,if kept pruned. Note 1.Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for non-SFD use, pavement.Maximum driveway width refers to maximum width of pavement in a front yard or street area,excluding complying curb cut aprons.Maximum curb cut width refers to the width of the driveway plus aprons,measured at the edge of the roadway. Note 2.Grouped or shared parking.Article 10 also provides for a special exception,in certain circumstances. Note 3.Parking exclusivity(non-SFD uses).Required parking spaces must be kept open,readily accessible and used for parking only,with no sales,dead storage,display,repair work,dismantling or servicing of any kind.Required guest parking spaces must be kept open and reserved for that use only. Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to water runoff. Note 5.Curb cuts.The ZBA may issue a special exception for additional curb cuts.Exception:The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances.These additional curb cuts are not prohibited and do not require a special exception. Note 6.Route;Alternating Driveways.Each driveway must connect garage space to the street by the most direct route.On narrow sites where alternate side yard areas apply(see"Yards"table),the following special restrictions also apply:(A)there must be a driveway located as nearly as practicable to one side of the site;(B)the side is determined in accordance with the established driveway pattern for the block face in question,if there is such a pattern;and(C)if there is no such pattern,and if there is an adjacent driveway on one adjoining building site but not the other,the driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City,and(ii)a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway(or other maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that:(i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs;(ii) the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety considerations. Note 8.Curbs as Wheel Stops.Curbs may be used as wheel stops.Area outside a curb-wheel stop counts toward minimum parking space dimensions if actually usable as"overhang"and not needed for maneuvering area. (Ord. No. 1925,§1(ex.A),8-9-2010;Ord. No. 1977,§1(Exh.A),5-20-2013;Ord. No.2005,§1(Exh.A),3-9-2015; Ord. No.2030,§ 1(Att.A),2-27-2017;Ord. No.3014,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 11 of 19 Table 7B-6b:Certain General Rule:Every structure must conform to the applicable regulations shown,by District,in Structures this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts. Item Regulation C Swimming Maximum N/A pools number per building site Tennis Maximum One(may only be a private tennis court). (See Note 1) courts number per building site All Height, 35 ft.(See Note 2) structures maximum See Note 4 See,also, Article 8 Note 1. Tennis Courts.,Swimming Pools in SF Districts.Each tennis court in a SF District must:(i)be a private accessory structure for a single building site,(ii)be used for residential purposes only,(iii)be open to the sky,but enclosed and screened to a height of at least eight feet on all sides,and(iv)never be lighted for play.Each swimming pool in an SF District must be a private accessory structure for a single building site and used for residential purposes only. Note 2. Height in C District.In the C District,no part of any structure(except a fence)may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 4. Utility Poles.An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high,if the administrative official certifies that the additional height is necessary to separate wires of different voltages and capacities from each other and from the ground,applying standard technical codes and utility safety guidelines. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 12 of 19 Table 7B-7: Projections Schedule General Rule:This schedule describes certain structures which are allowed to "project" into yards(or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures. See the"Yards (or'setbacks')" and the "Open & Pervious Areas"tables. Type of Structure Maximum Allowed Projection (In Inches), Special Measured From The Inside Edge Of The Yard Rules For Calculating Open & Pervious Areas Front Rear Yard Side Yard SF Yard Bufferyard Buildings Items above ground 15" 15"(See 24" 15"(See The area And level: Eaves, cornices, Note13) except Note13) does not Attached roof extensions, that no count as Structures "greenhouse" and bay item open area. windows (no floor below the space),window sills, eave may cantilevered building be closer space,window boxes, than 36" belt courses,window air to the conditioners and similar SPL. (See parts of buildings. Notes 13) Items at and above 15" 15"See 12" 15"(See The area ground level: Note 13. except Note and does not Chimneys/fireplaces that no 13) count as (with cross-sectional item either areas of 8 square feet or below the open or less) and similar parts of eave may pervious buildings. be closer area. than 36" to the SPL.See Note 13. Porches/platforms/decks 0, (See 0 (See 0 (See 0 (See The area higher than 14 inches, Note 1) Note 13) Note 13) Note 13) does not and similar structures count as attached to a building. either open or pervious area.The Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 13 of 19 area beneath a deck may count as pervious area if rain is allowed to pass through the deck. Steps not higher than 120" 0 (See 0 (See 0 (See The area the first floor level. Note 13) Note 13). Note 13) does not count as either open or pervious area. Table 7B-7. Projections Schedule, cont. Type Of Structure Maximum Allowed Projection (In Inches), Special Measured From The Inside Edge Of The Rules For Yard. Calculating Open & Pervious Areas Front Rear Side SF Yard Yard Yard Bufferyard Buildings Items near ground level: 120" No limit. 0 (See No limit The area And porches, platforms and Note 13) counts as Attached decks higher than six open area. Structures, inches but not higher The area Cont. than 14 inches, and beneath a similar structures deck may attached to buildings count as pervious area if rain is allowed to pass through the deck. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 14 of 19 Other parts of buildings 0 (See 0(See 0 (See 0 (See The area and structures attached Note 2. Notes 3, Note 5 Notes 3 does not to buildings. 4 and and 13). and 13) count as 13) either open or pervious area. Ground level Sidewalks, patios, No limit, No limit No limit No limit The area and porches/platforms/decks, except counts as underground retaining walls, that open area items driveways, parking areas decks but not as and similar structures not may not pervious higher than six inches; all project area unless underground structures. more the See also Table 78-4 than material is regarding pervious 120" completely pavement. pervious to water.The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. See Table 78-4. Mechanical Air conditioning 0 (See (See 0 The area Equipment equipment, pool Note 6) Note 6) does not equipment, and similar count as freestanding mechanical either open equipment or pervious area. Utility meters and related 0 No limit 15" 12" The area apparatus may count as both open area and pervious area. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 15 of 19 Table 7B-7. Projections Schedule,cont. Type Of Structure Maximum Allowed Projection (In Inches), Measured From Special The Inside Edge Of The Yard. Rules For Calculating Open & Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Certain Basketball 120" No limit No limit (See No limit The area Accessory goals Note 7) may count Structures as both open area and pervious area. Playground 0 No limit 0 No limit The area equipment may count as both open area and pervious area. Flagpoles 120" 0 0 0 The area may count as both open area and pervious area. Fences 0 (See Note No limit No limit, but No limit The area 8)9. see Notes 8, does not 9 and 12). count as either open or pervious area. Swimming 0 0(See Note 0 (see Note No limit The area pools 9) 9) counts as open area. Only the Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 16 of 19 water area counts as pervious area. Tennis 0 0 0 No limit The area courts(with counts as associated open area screens) but not pervious area (unless the area is made of grass). Lights and No limit (See No limit (See No limit (See No limit(See The area lampposts Note 10) Note 10) Note 10) Note 10) may count as both open area and pervious area. Gate 24" No limit No limit No limit The area closers may count as both open area and pervious area. Signs (see No limit 0 0 0 The area Code of does not Ordinances) count as either open or pervious area. Note 1 Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line(Example:the maximum projecting volume on a 52'A-foot wide site would be 50 cubic feet x 52.5,or 2,625 cubic feet); (iii) The porch's outside perimeter is open and unobstructed,except for the following features:(a)Ordinary window screens.(b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor.(c)Supporting vertical columns,if the total width of Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 17 of 19 the outer faces of the columns does not exceed either 50%of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized porch.The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum-sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited by the open area requirement for the front yard.The"outside perimeter"of a porch is the portion of the perimeter out in the front yard;it does not include the portion of the perimeter adjacent to a building or lying along the front setback line; (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example:if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and (v) No projecting balcony or enclosed,habitable space shall be constructed or placed above the ceiling of a projected porch. Note 2.Gas Pipeline Sites.A principal building may project into the front yard if:(a)the building site includes land in the rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a gas transmission(not distribution)pipeline;(b)no part of the principal building,except items that are otherwise allowed to project into front setback areas,is within twenty feet of the front street line;and(c)The entrance to garage space is not closer than thirty feet to the front street line. Note 3.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line of the other building site),except for translucent(but not transparent),non-operable openings.(c)Space in any projecting building may only be used for single-family (detached)use.(d)A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10. Note 4.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or gas transmission(not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility easement or drainage easement,unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the normal restrictions for rear yard projections do not apply(see notes above). Note 5.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets all of the following criteria:(a)No part of the building may be closer than three feet to the side property line.Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage(plus stairway and eaves). (c)Any projecting part must be at least seventy feet from the front street line.(d)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),the building may have no window,door or other opening above the ground floor(and facing the property line of the other building site).Exception:There may be translucent(but not transparent),non- operable openings.Note 6.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment;(b)if the equipment occupies any part of an easement under the control of the City,the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line,the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line) only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard,replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided, but it may be either solid or at least 50%solid(e.g.,lattice).All other rules apply. Note 7.Basketball Goals.No part of the equipment may be closer than ten feet to any street line. Note 8 Fences.Fences may project into front and side yards to the extent expressly required or authorized by city ordinance(e.g., provisions in Chapter 18 of the Code of Ordinances;provisions in PDD schedules for front fences).Also in the Code of Ordinances,there are:(i)requirements for emergency portals in fences(Chapter 18)and(ii)restrictions on fences,certain "fence-like hedges"and other things in visibility areas(Chapter 82). Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 18 of 19 Note 9.Fence-like hedges.Fence-like hedges within the front yard(setback)of a building site containing no principal building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites.Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 10.Swimming Pools.Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Note 11.Lampposts.Maximum diameter of projecting posts is six inches;maximum height is eight feet. Note 12.Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance,no fence is allowed in the side street yard of a rotated corner building site(RCOD),except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 13.Old Stock Housing.The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard,rear yard or an SF Bufferyard,if the ZBA determines:(i)the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built,before 1980);and(ii)there will be no substantial adverse impact upon nearby properties. (Ord. No. 1797,§1(ex.A),5-23-2005;Ord. No. 1798, § 1(ex.A),5-23-2005;Ord. No. 1799, §1(ex.A),5-23-2005; Ord. No. 1840,§1(ex.A),4-23-2007;Ord. No. 1869, §1(ex.A),4-28-2008;Ord. No. 1870, §1(ex.A),4-28-2008; Ord. No. 1871,§1(ex.A),4-28-2008;Ord. No. 1872, §1(ex.A),4-28-2008;Ord. No. 1878, §1(ex.A),8-25-2008; Ord. No. 1879,§1(ex.A),8-25-2008;Ord. No. 1925,§ 1(ex.A),8-9-2010;Ord. No. 1979, §1(Exh.A),5-20-2013; Ord. No.2081,§1(Exh.A),9-23-2019) Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 19 of 19 ARTICLE 7C. PLANNED DEVELOPMENT DISTRICT-SPECIFIC REGULATIONS Section 7C-100. Purpose and applicability. The purpose of this Article is to prescribe residential and commercial Planned Development District regulations which differ by district. Each regulation shall be construed to carry out the purpose and intent of this ordinance as well as the purpose for the district within which it applies. Section 7C-101. Regulations,tables, etc. (a) In General. Every use, building site and structure must comply with the regulations set out in the following tables:Table 7C-1 Building Site Dimensions;Table 7C-2: Uses;Table 7C-3:Yards(or'setbacks');Table 7C-4: Open& Pervious Areas;Table 7C-5a:. Garage Space;Table 7C-5b:. Buildings;Table 7C-6a: Parking, Driveways, Etc.;Table 7C-6b: Certain Structures (b) Projections. Permissible projections into yards, and details about computation of open and pervious areas, are set out in Table 7C-7:Projections Schedule. Table 7C-1: Building Site General Rule:This table prescribes the minimum dimensions Dimensions for building sites, by District. ("DU" means "dwelling unit.") Exceptions/Special Rules: (1) See PDD Schedules for planned development districts. (2) See special notes in table. (3)The Z&PC may establish different dimensions by approving a plan, plat or replat(see Article 5). Item Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl Old building sites Width, 50 ft. N/A 50 ft. (before October 24, minimum 1987) See Notes 1 and 2. Depth, 100 ft. N/A N/A minimum Area, 5,000 2,000 sq.ft. pet DU 5,000 minimum sq. ft. sq.ft. New building sites Width, 75 ft. N/A 50 ft. (on or after October minimum 24, 1987) Depth, 110 ft. N/A N/A minimum Area, 8,250 2.000 sq.ft. per DU 5,000 minimum sq. ft. sq.ft. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 1 of 23 Note 1. 4,500 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet of total area,if the building site:(i)was improved with a principal building in existence on the 1987 effective date or for any period of twenty consecutive years prior to the 1987 effective date,under circumstances where there was no additional land used for the building site,and(ii)was created by subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachments,or as specifically allowed by Article 5. Note 2. 4,300 Square Foot Exception.A structure may be located on an old building site with at least 40 feet of width and at least 4,300 square feet of total area,if the building site:(i)was created by subdivision plat approved by the city council or the Z&PC, (ii)has not been made smaller thereafter for any reason. Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 2 of 23 Table 7C-2:Uses General Rule:Within each District: uses marked"A"are allowed,uses marked"SE"are allowed only to the extent authorized by a special exception(see Note 3),and uses marked"X"are prohibited. Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2) See special rules noted in table.The ZBA is authorized to issue all special exceptions mentioned in this Table. Use Specific Use PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD-Cl Category SF1 SF2 TH1 TH2 TH4 TH5 TH7 Residential Single-family A(See Notes 1 and 7) A (detached) Single-family X(See Note 8) A(See Note 1) A(See A(See Note 1) X (attached) Notes 1 and 7) • Other residential X X X X X X X X Public and Park,playground, A(See Notes 1 and 3) A(See Semi-Public or community Notes 3 center(public), and 4) school(public), place of worship Private green See(Notes 1 and 2) space School(other)(See X X X X X X X X(See Note 9) Note 3) Utility or service A(See Note 1) use.See Article.8. Personal Wireless A or SE See PWSF Schedule. (See Note 1) Service Facility (PWSF)use. Commercial Light commercial X (See X X X X X (See See Article Note 5) Notes 6 8 regarding and 10) certain sexually oriented businesses. Medium X (See X X X X X X commercial Note 5) All other uses X X X X X X X X Note 1. High-density occupancies in SF District.High-density occupancies are allowed in SF Districts only to the extent authorized by a special exception.The ZBA may issue such a special exception if it finds and determines that the occupancy is a use that is(i) accessory to a lawful primary use and(ii)reasonably compatible with nearby sites and their uses(in addition to any other findings and determinations required for a special exception).Note:A previously-issued special exception that authorized a use with a high-density occupancy is sufficient to comply with this note. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 3 of 23 Note 2. Private Green Space.Vineyards,gardens,landscaping,private playgrounds and other similar uses that are predominantly pervious,vegetated and non-commercial are allowed in all districts.Unless otherwise authorized by a special exception,the only structures allowed are fences,playground equipment and landscaping structures(e.g.,low,retaining walls,borders,etc.).The ZBA may issue a special exception to authorize other structures.The special exception shall include a site plan specifying and limiting allowable structures.If so ordered by the ZBA,the site plan controls over any other ordinance to the contrary.However, the site plan may not specify yards(or"setbacks")different from those otherwise required,unless the ZBA finds that the different yards are:(i)necessary for efficient use of the available space and(ii)compatible with nearby sites and their uses.The special exception may allow accessory structures without a principal building. Note 3. Accessory Uses and Structures.In the indicated districts,the ZBA may issue a special exception to authorize additional uses and structures,if the ZBA finds and determines that each additional use and structure is:(i)accessory to a lawful primary use and(ii) compatible with nearby sites and their uses.The special exception may include a site plan identifying and limiting such uses and structures. Note 4. Park,Playground,Etc.In the C District,a park,playground or community center may be privately or publicly owned. Note 5. Parking Use in PDD-SF2.The ZBA may issue a special exception to authorize parking of motor vehicles in connection with nearby commercial activities,upon approval by the ZBA of the types of vehicles,design of parking facilities(including landscaping,paving,lighting,fences or walls,signs,etc.)and curb cuts,all of which may be included as site-specific conditions of the special exception. Note 6. Light Office Use in PDD-C1.The only commercial use allowed in PDD-C1 is light office use,meaning offices for conducting real estate,insurance and other similar businesses and the offices of the architectural,clerical,engineering,legal,dental,medical and other established and recognized professions,in which only such personnel are employed as are customarily required for the practice of such business or profession. Note 7. Garden-style use in PDD-TH4."Garden-style"single family detached use is allowed in PDD-TH4 if authorized by a site plan meeting the requirements of Ordinance No.1560,adopted October 12,1998,which is continued in effect for the original site plan and for amendments and replacements of that plan.Such a site plan,after approval by ordinance in accordance with Article 14,controls over any provision elsewhere in this ordinance. Note 8. Attached dwellings in PDD-SF3.Any existing attached dwellings which complied with the former Schedule PDD-TH3(Browning Townhouse PDD)at the time of their construction have PNC status,under and subject to Article 12 of this ordinance.The minimum width for interior side yards for such dwelling units is zero where there is an existing common wall(or existing continuously-abutting separate walls)along the property line,in either case with a four-hour fire rating or better.The minimum number of parking spaces is two per dwelling unit,and additional guest parking is not required,notwithstanding other provisions of this ordinance or any special exception issued under this ordinance. Note 9. School(other).A special exception may authorize this use on sites wholly within the C District or partially within the C District and partially within another district. Note 10. Hours of operation.In the C,TCC and PDD-Cl districts,hours of operation for commercial uses shall not unreasonably impact the residential character of adjoining residential districts.All operations,including deliveries and other outdoor activity,shall comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.All commercial garbage and trash collection activities shall comply with Chapter 38 of the Code of Ordinances. (Ord. No. 1799, §1(ex.A),5-23-2005;Ord. No.2005,§1(Exh.A),3-9-2015) Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 4 of 23 Table 7C-3:Yards(or General Rule:No part of any structure may be located within a part of a building site included 'setbacks') within a yard defined,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)Structures may be located in yards to the extent allowed by the Projections Schedule.(2)See special rules noted in table.(3)See PDD Schedules for Planned Development Districts.(4)See additional setbacks in the Personal Wireless Service Facility Schedule. Item Measurement PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 CI Front yard Distance from 20 feet if the building site 10 ft.(See Note 7) 20 ft. 5 ft. front street depth is 110 feet or less;25 (Mercer (Bellaire line. feet if the building site depth is Street) Blvd.) more than 110 feet but not more than 125 feet;30 feet if the building site depth is more than 125 feet.(See Note 5) Interior Distance from Greater of 10%of building site 5 ft.(See Notes 3,4 and 7) 20 ft. N/A side yard side property width or 5 feet.(See Note 2) (south line(each property side). line) Street side Distance from Greater of 10%of building site 10 ft.(See Note 7) 10 ft. (See yard side street width or 5 ft.(See Notes land (Bissonnet) Note 8) line. 6) Rear yard Distance from 20 ft.(See Note 1) 20 ft. 10 ft. 20 ft.(See Note 5 ft.(west (See rear property (See (See 1) property Note 8) line. Note Note line) 1) 1) SF Distance from N/A 20 ft. 10 ft. 20 ft.(See Note N/A (See Bufferyard nearest part (See (See 7) Note 8) of an SF Note Note District 7) 7) Note 1.Through Lots or Building Sites or Rear Through Lots or Building Sites.If a lot or building site extends all the way through a block so that the front and rear both abut a street area,there is no rear yard.The site is a"through"or"rear through"lot or building site,and is considered to have two front yards,one at each street frontage.Front yard(setbacks)shall be as provided in Table 7- 2.Exceptions:1)If the site is"flag"shaped or irregular,the"flag"portion shall have the same setback as the adjoining building sites fronting that street;2)If a through lot abuts a Major Thoroughfare and a local street and has a lot depth less than 160 feet, then the lot shall have a front yard on the local street and a back yard on the Major Thoroughfare.Provided,further,there shall be no vehicular access to the street adjacent to the back yard;3)If a through lot abuts Auden Street and a dead-end street,then the lot shall have a front yard on Auden Street and a back yard on the dead-end street.Provided,further,there shall be no vehicular access to the street adjacent to the back yard. Note 2.Narrow Site"3/7"Exception.Alternate side yard areas apply to a building site meeting all four of the following criteria:(A)The building site is less than 55 feet wide.(B)The use is single-family(detached)use.(C)Outside the rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a"prior building"on another building site(unless there are "prior buildings"on both sides,each within seven feet of the property line,in which case the minimum separation from a"prior building"is eight feet).A"prior building"is a building in existence,under construction or covered by a current building permit when a building permit is issued for the subsequent building.(D)The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria:(1)Minimum setback,interior:3 feet. (2)Minimum setback,street side:5 feet.(3)Minimum setbacks,both sides combined:greater of 10 feet or 20%of the building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7-5a regarding"alternating driveway"rule. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 5 of 23 Note 3.Common Walls.In all PDD-TH districts,the ZBA may issue a special exception for a zero-width side yard,but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls(in either case with a four-hour fire rating or better)along the property line.See,also,Note 7,below,for QMDS. Note 4.Common Walls in New Townhouse Construction.In all PDD-TH districts,where new townhouses are concurrently constructed on two or more abutting building sites along a block face,zero-width side yards are allowed by right wherever a common wall or continuously abutting separate walls will be constructed and maintained(in either case with a four-hour fire rating or better) along the property line.On each building site that contains the end townhouse in a row of attached townhouses on abutting sites,the interior side yard requirement,or the street side yard requirement for a corner site,shall apply along the side property line where a common wall or continuously abutting separate walls will not be constructed.See,also,Note 7,below,for QMDS. Note 5.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a major thoroughfare,if the front yard prescribed is at least 10 feet deep,and if the special exception requires the greatest practicable amount of pervious area in the front yard. Note 6.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See Article 8. Note 7.Yards In Qualified Medium Density Subdivision(QMDS).In a QMDS,yards are only required around the perimeter of the subdivision and are designated by the subdivision plat.See definition of QMDS.Standard projections into QMDS yards are allowed per the Projections Schedule.In addition: (a) Front yard:Bay windows,canopies and balconies at least 18 inches above grade may project up to 24 inches beyond the principal building.Steps and handrails may project up to 30 inches beyond the principal building. (b) Rear Yard and SF Bufferyard.Buildings up to 10 feet high(measured from finished grade to top of roof plate)may project, but not closer than 10 feet to the property line. Note 8.Yards in PDD-C1.In PDD-C1,the yards and street lines are as follows,notwithstanding other provisions of this ordinance:(i)The rear yard is the area within 20 feet of the rear property line(the line farthest from Bellaire Blvd.)of any building site,and for this purpose,the said rear property line shall be not in excess of 120 feet from the north right-of-way line of Bellaire Blvd.Exception: The rear yard upon Lot 2,Block 35,Colonial Terrace Addition(also known as the south 140 feet of Tract 9,Cambridge Place)is the area within 40 feet of the rear property line of said lot,said rear property line being located 140 north of the north right-of- way line of Bellaire Blvd.(ii)The street side yard is the area within ten feet of any side street line where the street area is 50 feet or less in width,or within five feet of any side street line where the street area is more than 50,but less than 70,feet wide.(iii) The front yard is the area within five feet of the front street line(which is the common boundary with Bellaire Boulevard).Any area outside of a building line established by ordinance or by recorded plat is considered part of the corresponding yard. (Ord. No.3013,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 6 of 23 Table 7C-4:Open& General Rule:Every building site must have the minimum open and pervious areas shown,by Pervious Area District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See PDD Schedules for planned development districts.(2)See special rules noted in table.(3)See the Projections Schedule for details about calculating open and pervious areas. Item Measurement PDD-SF1 PDD-SF2 PDD-TH1 PDD-TH2 PDD-TH4 PDD-TH5 PDD-TH7 PDD-C1 Open Front yard, 60%. N/A N/A area minimum percentage. Rear yard, 60%(See Note 1) N/A N/A minimum percentage. (See Note 6) Entire 45% 25% N/A building site, minimum percentage. Pervious Front yard, 50%(See Note 7) 50%(See Note 1) N/A area minimum percentage Entire 35% 15% N/A building site, minimum percentage Landscaping Required,except for SFD uses on building sites with 5,000 sq.ft.or more.(See Notes 3 and 5) strips Qualified For SFD uses on building sites with 5,000 sq.ft.or more,there must be at least one qualified trees tree in the front yard or in the adjacent street area.For all other uses,each qualified tree required by this ordinance or Chapter 82 of the Code of Ordinance must be located within a contiguous and reasonably compact pervious area containing at least 25 sq.ft.However, additional or better pervious area may be required to comply with Chapter 82. Pervious In a Qualified Medium Density Subdivision only,pervious pavement is allowed to be used for all pavement vehicular areas,and part of it may count as pervious area.(See Note 4) Parking areas, Each parking area containing 21 or more parking spaces must contain interior pervious areas in interior "island"or"peninsula"configurations aggregating in area at least two square feet for each parking space. Note 1.Rear Yard Adjacent to Non-SF.The ZBA may issue a special exception to reduce the requirement for open area in a rear yard in a SF District to not less than 40%,if the rear yard abuts a non-SF District. Note 2.Pervious Area in Qualified Medium Density Subdivision(QMDS).Front yard minimum pervious area requirement in a QMDS is 40%.,or 30%for a front yard in a QMDS"low-impact motor court." Note 3.Landscaping Strips.Vegetated pervious areas required as follows:(a)minimum five feet wide adjacent to each street area(or 3.5 ft.if located in front of a fence or wall at least 3.5 feet high),and(b)minimum 18 inches wide to separate each paved vehicular area from a fence or subdivision or replat boundary.Exception:Strips are not required along alleys or where they must be crossed by sidewalks or driveways.Strips along street areas must have live,evergreen shrubs(maximum spacing is 3.5 ft.)and live qualified trees under Chapter 82 of the Code of Ordinances(maximum spacing is 20 ft.).The administrative official may approve different spacing for shrubs or trees,upon a showing that(i)the spacing is allowed by standard urban forestry criteria Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 7 of 23 for the particular species and location and(ii)the spacing will comply with Chapter 82.The ZBA may issue a special exception to allow a landscaping strip to be located in whole or in part within a street area,if the ZBA finds that the particular landscaping will, in all probability,be allowed to remain intact for at least 50 years and that it can be maintained and will function as well as a strip located completely on private property. Note 4.Pervious Pavement.In a QMDS,the area of the holes or gaps(if actually pervious)counts toward pervious area requirements (but no more than 30%out of any area with pervious pavement may count). Note 5.Visual Buffer Zone.In TCC,along the east edge of each property a landscaped buffer zone shall be established consisting of trees, shrubs,and other durable vegetation adequate to minimize the transmittal of light and provide a visual buffer between a use in TCC and adjacent SF district properties.Evergreen shrubs shall be planted to form a continuous hedge with no gaps.Shrubs shall be hardy species that will withstand freezing temperatures.The plants shall be at least 18 inches in height as measured from the surrounding soil line and shall have a maximum 18 inch width at the widest portion when planted.Shrubs shall be capable of growth to not less than 48 inches in height when measured from the surrounding soil line and shall form a continuous hedge within three annual growing seasons.Shrubs shall be maintained at a height that does not interfere with overhead utility lines. Trees planted in the buffer zone shall not interfere with overhead utility lines. Note 6.Old Stock Housing.The ZBA may issue a special exception to reduce the open area requirement in the rear yard,if the ZBA determines:(i)the reduction is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built, before 1980);and(ii)there will be no substantial adverse impact upon nearby properties. Note 7.All pervious areas in a front yard must be natural vegetation or landscape areas that receive rainwater and allow it to pass through or be absorbed. (Ord. No. 1798,§1(ex.A),5-23-2005;Ord. No. 1800,§1(ex.A),5-23-2005; Ord. No. 1872, § 1(ex.A),4-28-2008; Ord. No. 2005, § 1(Exh.A), 3-9-2015;Ord. No.3014,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 8 of 23 Table 7C-5a:Garage space General Rule:Every building site,garage space and related structure must conform to the applicable regulations shown,by District,in this table.("N/A" means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts.(3)See Note 1 regarding special exceptions. Item Regulation PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl Garage space,in Garage parking Minimum 2.0(1.0 Minimum 2.0 per DU;must be enclosed. N/A general spaces.See Article per DU for old 10 stock housing); each must be enclosed or semi- enclosed and adjoin a driveway. Maximum 1.0 per 2,225 of building site area,not to exceed 4.0. Minimum garage 10 feet wide,20 10 feet wide,20 feet deep(for each required N/A parking space feet deep(for garage parking space). dimensions each required garage parking space). Garage doors or Maneuvering area See Article 10 N/A openings Door or opening Prohibited unless: (May affect eligibility as QMDS.See definitions in N/A facing front street (i)the garage Article 2) line. door is set back ten feet or more from the front yard,and(ii) there is only open area above the driveway for at least seven feet inward from the front yard,and (iii)any structure above the driveway(and within ten feet of the front yard) must be cantilevered or suspended from the building(no special posts or vertical supports being allowed). Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 9 of 23 Door or opening Prohibited unless: (May affect eligibility as QMDS.See definitions in N/A facing side street (i)the garage Article 2) line door is set back ten feet or more from the side street line,and(ii) there is only open area above the driveway for 10 at least seven feet inward from the side street line, and(iii)any structure above the driveway(and within ten feet of the side street line)must be cantilevered or suspended from the building(no special posts or vertical supports being allowed). Garage accessory Limit on non- Max.600 sq.ft. N/A N/A buildings garage space GFA in any accessory building containing garage space. Note 1.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway in another location or with a different design than prescribed by this table, if it finds that: (i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (ii)the other location or design will prevent the destruction of a qualified tree;(iii) in the case of the remodeling of a principal building,the location requested is the same location as an existing parking area,garage or driveway; or(iv)the location or design requested is necessary for safety considerations. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 10 of 23 Table 7C-5b:Buildings General Rule:Every structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(2)See Article 9 regarding Planned Development Districts. Item Regulation PDD-SF1 PDD-5F2 POD-TI-11 PDD-TH2 PDD-TH4 PDD-TH5 PDD-TH7 PDD-C1 Dwelling Maximum One,plus one 17.5 per acre(See Note 8) One plus units number accessory quarters one AQ per (AQ) building site Framed Maximum 80% 100%. 100%for 100%.(See Note 4) N/A area,all area as a (See all buildings percentage Note 4) dwelling on a of building types building site area other site than TH; 125%for TH.(See Note 4) Length or Maximum N/A 130 feet.(See Note 3) N/A width,any horizontal building dimension Exterior Type N/A Must be of equal grade and quality,all sides.See Section 8-104 materials, any building. Separation Fire-rated N/A A four-hour firewall,or its equivalent,must separate adjoining dwelling of DU's wall units.(See Notes 3 and 5.See also Note 9{PDD-TH7 only)) SF privacy (See Note N/A Applies.(See Note 7.See also Note 9{PDD-TH7 only)) N/A protection 7) Accessory Maximum N/A 3 N/A buildings number See Article per 10 building regarding site garage space. Height, 25 ft. 35 ft. maximum (See Note 2) Principal Stories, 2 and one-half 3 N/A buildings maximum Height, 35,25 in rear yard. 35(See Notes 1,6 and 11) 35 maximum, (See Notes 1 and 11) in feet Minimum 1,400 each DU 1,200 each DU 1,600 1,300 gross floor each DU Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 11 of 23 area, square feet Width, N/A 16,each DU N/A feet(min,), outside to outside Height and (See Note N/A Applies screening 10) of rooftop mechanical equipment Note 1.Antennas and Chimneys.Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above the roof.The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof. Note 2.Height In PDD-C1 District.In thePDD-C1 District,no part of any structure(except a fence)may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 3.Building Detail, PDD-TH District.To separate buildings,there must be open area at least five feet wide maintained so that firefighters with hoses could pass through. Note 4.Framed Area In Qualified Medium Density Subdivision(QMDS).Allowed square footage for a given building site is calculated by multiplying the allowable percentage by(a)the building site's area plus(b)an allocated part of any common use areas in the same QMDS(e.g.,access easements,private streets,alleys,reserves,etc.that are not part of a building site).The allocated part is proportional to the building site's area divided by the area of all building sites in the same QMDS. Note 5.Building Code.Separation requirements are in addition to other requirements of building codes and other ordinances.See Code of Ordinances. Note 6.Certain Projecting Buildings.Special height rules apply to buildings projecting into yards.See Tables 7C-3 and 7C-7. Note 7.SF privacy protection.On a building site where this applies,there may not be a direct sight line from any"third-floor viewpoint" to any point in an"SF privacy zone."A"third-floor viewpoint"is any viewpoint on a"third-floor area"at eye level(six feet)or lower.A"third-floor area"is any floored area(indoors or outdoors)where the floor is 18 feet or higher.The"SF privacy zone" includes every point:(i)within 100 feet of the third floor viewpoint in question,(ii)on a building site in an SF District,and(iii) below 20 feet in height.See Figure SFP. Note 8.Calculation of DU's Per Acre.In a Qualified Medium Density Subdivision(QMDS)only,the total number of DU's is divided by the total acreage of the QMDS to calculate the number of DU's per acre. Note 9.Spacing of Dwelling Units in PDD-TH7.Except where dwelling units are separated by common walls,the minimum distance between dwelling units shall be as follows:(i)No part of any dwelling unit may be closer than five feet to another dwelling unit. (ii)No window may be closer than 50 feet to a facing window to living space in another dwelling unit.(iii)Neither eaves nor balconies may be closer than 40 feet to a facing window to living space in another dwelling unit.(iv)Neither windows to living space nor balconies may be closer than 20 feet to any facing wall of another dwelling unit. Note 10.Rooftop Mechanical Equipment.In the PDD-C1 districts,any rooftop mechanical equipment,whether new or replacement equipment,shall be accommodated within the maximum building height limit and shall be fully screened from off-site and street area views through design and materials consistent with the overall design and colors of the principal building.This may include use of sloped roofs,a low parapet wall or other architectural elements that conceal flat roof areas where mechanical equipment is mounted,provided that all such building features comply with and do not project above the maximum building height limit. Note 11.Height of Flood Loss Structures.The roof height of existing flood loss structures that are being raised to meet floodplain regulations may exceed the existing roof height by an amount equal to the distance the structure is elevated.In no case may the maximum roof height exceed 39 feet and 27 feet in the rear yard setback. (Ord. No.2075,§1(Att.A),6-10-2019) Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 12 of 23 Table 7C-6a:Parking,driveways,etc. General Rule:Every building site,vehicular area and related structure must conform to the applicable regulations shown,by District,in this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(3) See Article 9 regarding Planned Development Districts.(3)See Note 7 regarding special exceptions.(4)See Article 10. Item Regulation PDD- PDD- PDD- PDD- PDD- PDD- PDD- PDD- SF1 SF2 TH1 TH2 TH4 TH5 TH7 Cl Off-street parking spaces Number,location,size, Depends on land use,layout,etc.See this Table,Table 7-4a,and and parking areas design Article 10(including maneuvering areas,design requirements, Other regulations apply; "same site"rule,yards,street areas,loading spaces,etc.). see,e.g.Article 10 Grouping or sharing. Not allowed,except in a Qualified Medium Density Subdivision platted parking reserve serving two or more Dwelling Units's. (See Note 2) Use of parking areas Parking spaces for non-Single Family Dwelling uses may only be used for motor vehicle parking.(See Note 3) Maneuvering areas See Article 10 Emergency accessway Minimum width 20 ft,via public or private street,to each principal building and (See Note 1) each DU(or to an adjacent open area accessible to firefighters and equipment).Other regulations also apply,e.g,fire code. Driveways and private Minimum width For Single-Family Dwelling use:nine ft. streets (See Note 1) For non-Single Family Dwelling residential use: 10 feet,or 17 feet if Other regulations apply; two-way and serving three or more Dwelling Units. see Article 10 Maximum width(in front For SFD use:(i)Driveway serving any single-bay garage: 12 feet.(ii) yard or street area) Driveway in a front yard serving rear garage or side-facing garage: (See Note 1) 12 feet.(iii)Driveway in side street area of a corner site serving a side-facing garage with three or more bays:30 feet;(iv)Any other driveway:20 feet.For other residential uses:24 ft.(or 35 feet if connecting to a major thoroughfare).For all other uses:30 feet(or 35 feet if connecting to a major thoroughfare). Maximum length For non-Single Family Dwelling uses:160 feet,driving distance to the nearest street area,measured along centerline from farthest end point.A longer driveway is allowed if there is an approved turnaround or second means of egress,or if the driveway is platted as part of the common area in a Qualified Medium Density Subdivision. Route,location (See Note 6) N/A Spacing For non-SFD uses:There must be at least 40 feet between the "inside"apron edges(at their narrowest points)of driveways serving the same building site. Pavement Required type For SFD use:Hard-surfaced or pervious pavement required for each (See Note 4) required driveway and parking space;twin"ribbons"of pavement are permitted. For all other uses: Reinforced concrete,with curbs and drains required for all vehicular areas.Exceptions:(i)See Table Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 13 of 23 7C-4(pervious pavement)and Note 4,below.(ii)See Article 10 regarding"overhang." Markings;wheel stops. Required type For non-Single Family Dwelling uses:Parking spaces must be clearly marked on the pavement,and wheel stops are required.(See Note 12) Curb cuts Number For Single-Family Dwelling use:Maximum one per designated Other regulations apply; building site abutting the street.For non-Single-Family Dwelling see,e.g.Article 10 and uses:Maximum one per 50-ft.segment of street line.(See Note 5) Chapter 70 of the Code of Ordinances. Max.width per 50-ft. Four feet(for aprons)plus the maximum driveway width allowed. segment of street line Each curb cut must be confined to the part of the street area that directly abuts the building site(s)served.(See Note 1). Visibility triangles Forbidden structures, See Chapter 82 of the Code of Ordinances. plants and other things Note 1.Width measurement methods.Minimum driveway width refers to unobstructed vehicular access path and,for non-SFD use, pavement.Maximum driveway width refers to maximum width of pavement in a front yard or street area,excluding complying curb cut aprons.Maximum curb cut width refers to the width of the driveway plus aprons,measured at the edge of the roadway. Note 2.Grouped or shared parking.Article 10 also provides for a special exception,in certain circumstances. Note 3.Parking exclusivity(non-SFD uses).Required parking spaces must be kept open,readily accessible and used for parking only,with no sales,dead storage,display,repair work,dismantling or servicing of any kind.Required guest parking spaces must be kept open and reserved for that use only. Note 4.Pavement.The administrative official may approve other pavement designs and materials if the pavement designs and materials will provide equal or better durability and satisfy the requirements of pervious pavement related to water runoff. Note S.Curb cuts.The ZBA may issue a special exception for additional curb cuts.Exception:The Administrative Official may authorize additional curb cuts for a corner site when in compliance with the requirements for two curb cuts for circular driveways specifically allowed by Chapter 70 of the Code of Ordinances.These additional curb cuts are not prohibited and do not require a special exception. Note 6.Route;Alternating Driveways.Each driveway must connect garage space to the street by the most direct route.On narrow sites where alternate side yard areas apply(see"Yards"table),the following special restrictions also apply:(A)there must be a driveway located as nearly as practicable to one side of the site;(B)the side is determined in accordance with the established driveway pattern for the block face in question,if there is such a pattern;and(C)if there is no such pattern,and if there is an adjacent driveway on one adjoining building site but not the other,the driveway must be on the side farthest from the adjoining driveway.Exceptions:(i)this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City,and(ii)a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7.Special Exceptions.The ZBA may issue a special exception for a parking area,garage or driveway(or other maneuvering area)in another location or with a different design than prescribed by this ordinance,if it finds that:(i)the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs;(ii) the other location or design will prevent the destruction of a qualified tree;(iii)in the case of the remodeling of a principal building,the location requested is the same location as an existing parking area,garage or driveway;or(iv)the location or design requested is necessary for safety considerations. Note 8.Curb Cuts in PDD-TH1.(i)If a building site abuts both Bellaire Boulevard and another street,then all vehicular access shall be from the other street,and no more than two curb cuts shall be allowed.However,in the case of the development of Lots 6,7,8, 9 and the east ten feet of Lot 10,Block 1,Kent Place Addition,if Lot 6 is included in the same building site or in a joint development with the other lots,vehicular access shall be limited to one curb cut on Mercer Street.(ii)If a building site abuts only Bellaire Boulevard,vehicular access shall be limited to two curb cuts. Note 9.Curb Cuts in PDD-THS.(i)If a building site abuts both Academy and Bissonnet,no curb cuts on Bissonnet and no more than two curb cuts on Academy are permitted.(ii)If a building site abuts only Bissonnet,there may be no more than two curb cuts. Note 10.Driveways in PDD-TH7.Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in length,or 200 feet if a terminus is provided with dimensions adequate for turning. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 14 of 23 Note 11.Curb Cuts in PDD-TH2.(i)If a building site abuts both Kirby Drive and another street,there may be one curb cut on Kirby Drive and on each other abutting street.(ii)If a building site abuts only Kirby Drive,vehicular access shall be limited to two curb cuts. Note 12.Curbs as Wheel Stops.Curbs may be used as wheel stops.Area outside a curb-wheel stop counts toward minimum parking space dimensions if actually usable as'overhang"and not needed for maneuvering area. (Ord. No. 1925,§1(ex.A),8-9-2010;Ord. No. 1977,§1(Exh.A),5-20-2013;Ord. No.2005,§1(Exh.A),3-9-2015; Ord. No.2030,§ 1(Att.A),2-27-2017;Ord. No.3014,§2(Exh.A),4-12-2021) Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 15 of 23 Table 7C-6b:Certain General Rule:Every structure must conform to the applicable regulations shown,by District,in Structures this table.("N/A"means the rule does not apply.) Exceptions/Special Rules:(1)See special rules noted in table.(3)See Article 9 regarding Planned Development Districts. Item Regulation PDD-SF-1 PDD-SF-2 PDD-TH1 PDD-TH2 PDD-TH4 PDD-TH5 PDD-TH7 PDD-C1 Swimming Maximum One(See Note 1) (See Note 2) pools number per building site Tennis Maximum One(may only be a courts number private tennis court). per (See Note 1) building site All Height, 25 feet.But see"Buildings"table for certain building height limits. 35 ft. structures, maximum (See See Article Note 3) 8 Note 1. Tennis Courts.,Swimming Pools in SF Districts.Each tennis court in a SF District must:(i)be a private accessory structure for a single building site,(ii)be used for residential purposes only,(iii)be open to the sky,but enclosed and screened to a height of at least eight feet on all sides,and(iv)never be lighted for play.Each swimming pool in an SF District must be a private accessory structure for a single building site and used for residential purposes only. Note 2. Swimming Pools,Tennis Courts In TH Districts.The ZBA may issue a special exception for a tennis court or a swimming pool if the ZBA finds that the proposed facility will not create a drainage or noise problem and will not cause a significant increase in traffic on nearby streets.Tennis courts and swimming pools must comply with the tennis court and swimming pool regulations in the SF Districts,but may serve commonly-platted or restricted sites.See Note 1. Note 3. Height in PDD-C1 District.In the C District,no part of any structure(except a fence)may be higher than the horizontal distance from that part to the nearest part of an SF District. Note 4. Utility Poles.An ordinary utility pole owned by a franchisee of the City may be up to 43 feet high,if the administrative official certifies that the additional height is necessary to separate wires of different voltages and capacities from each other and from the ground,applying standard technical codes and utility safety guidelines. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 16 of 23 Table 7C-7: Projections Schedule General Rule:This schedule describes certain structures which are allowed to "project" into yards(or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures.See the "Yards (or'setbacks')" and the "Open &Pervious Areas"tables. Type of Structure Maximum Allowed Projection (In Inches), Special Measured From The Inside Edge Of The Yard Rules For Calculating Open & Pervious Areas Front Rear Yard Side Yard SF Yard Bufferyard Buildings Items above ground 15"(See 15"(See 24" 15"(See The area And level: Eaves, cornices, Note 1). Notes 1 except Notes 1 does not Attached roof extensions, and 15) that no and 15) count as Structures "greenhouse" and bay item open area. windows(no floor below the space),window sills, eave may cantilevered building be closer space,window boxes, than 36" belt courses,window air to the conditioners and similar SPL. (See parts of buildings. Notes 1 and 15) Items at and above 15" 15"(See 12" 15"(See The area ground level: Notes 1 except Notes 1 does not Chimneys/fireplaces and 15) that no and 15) count as (with cross-sectional item either areas of 8 square feet or below the open or less) and similar parts of eave may pervious buildings. be closer area. than 36" to the SPL. (See Notes 1 and 15) Porches/platforms/decks 0(See 0 (See 0 (See 0 (See The area higher than 14 inches, Note 1 Notes 1 Notes 1 Notes 1 does not and similar structures and 2) and 15) and 15) and 15) count as attached to a building. either open or Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 17 of 23 pervious area.The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. Steps not higher than 120"(See 0 (See 0 (See 0 (See The area the first floor level. Note 1) Notes 1 Notes 1 Notes 1 does not and 15) and 15) and 15) count as either open or pervious area. Table 7C-7: Projections Schedule, cont. Type Of Structure Maximum Allowed Projection (In Inches), Special Measured From The Inside Edge Of The Rules For Yard. Calculating Open & Pervious Areas Front Rear Side SF Yard Yard Yard Bufferyard Buildings Items near ground level: 120" No limit 0 (See No limit The area And porches, platforms and (See (See Note 15) counts as Attached decks higher than six Note 1) Note 1) open area. Structures, inches but not higher The area Cont. than 14 inches, and beneath a similar structures deck may attached to buildings count as pervious area if rain is allowed to pass through the deck. Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 18 of 23 Other parts of buildings 0(See 0(See 0(See 0 (See The area and structures attached Note 1 Notes 1, Note 6 Note 1,4, does not to buildings. and 3) 4, 5, and and 15) and 15) count as 15) either open or pervious area. Ground level Sidewalks, patios, No limit, No limit No limit No limit The area and porches/platforms/decks, except counts as underground retaining walls, that open area items driveways, parking areas decks but not as and similar structures not may not pervious higher than six inches; all project area unless underground structures. more the See also Table 7C-4 than material is regarding pervious 120" completely pavement. pervious to water.The area beneath a deck may count as pervious area if rain is allowed to pass through the deck. See Table 7C-4. Mechanical Air conditioning 0 (See (See 0 The area Equipment equipment, pool Note 7) Note 7) does not equipment, and similar count as freestanding mechanical either open equipment or pervious area. Utility meters and related 0 No limit 15" 12" The area apparatus may count as both open area and pervious area. Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 19 of 23 Table 7C-7: Projections Schedule, cont. Type Of Structure Maximum Allowed Projection (In Inches), Measured From Special The Inside Edge Of The Yard. Rules For Calculating Open & Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Certain Basketball 120" No limit No limit(See No limit The area Accessory goals Note 8) may count Structures as both open area and pervious area. Playground 0 No limit 0 No limit The area equipment may count as both open area and pervious area. Flagpoles 120" 0 0 0 The area may count as both open area and pervious area. Fences 0(See Notes No limit No limit(See No limit The area 9, 10, and Notes 9, 10 does not 14) and 13) count as either open or pervious area. Swimming 0 0(See Note 0(See Note No limit The area pools 11) 11) counts as open area. Only the Created: 2022-08-09 16:05:10 [EST] (Supp. No.42) Page 20 of 23 water area counts as pervious area. Tennis 0 0 0 No limit The area courts(with counts as associated open area screens) but not pervious area (unless the area is made of grass). Lights and No limit (See No limit(See No limit (See No limit(See The area lampposts Note 12) Note 12) Note 12) Note 12) may count as both open area and pervious area. Gate 24" No limit No limit No limit The area closers may count as both open area and pervious area. Signs (see No limit 0 0 0 The area Code of does not Ordinances) count as either open or pervious area. Note 1.1.Projections in Qualified Medium Density Subdivision(QMDS).See QMDS Schedule. Note 2.Porch In Front Yard.On a building site in a residential district with a front yard depth of 20 feet or more,a porch may project up to 120 inches into the front yard if it meets all of the following criteria: (i) It is neither designed nor usable for motor vehicles; (ii) The volume of the projecting part of the porch does not exceed 50 cubic feet per foot of front street line(Example:the maximum projecting volume on a 52%-foot wide site would be 50 cubic feet x 52.5,or 2,625 cubic feet); Created: 2022-08-09 16:05:10 [EST] (Supp.No.42) Page 21 of 23 (iii) The porch's outside perimeter is open and unobstructed,except for the following features:(a)Ordinary window screens.(b)A solid or partially open safety rail not higher than 3.5 feet above the porch floor.(c)Supporting vertical columns,if the total width of the outer faces of the columns does not exceed either 50%of the outside perimeter of the porch or 25%of the theoretical outside perimeter of a maximum-sized porch.The width of a column is measured at its thickest point above 3.5 feet above the porch floor.The"maximum-sized porch"is 120 inches deep and extends from one side yard line to the other,but it is limited by the open area requirement for the front yard.The"outside perimeter"of a porch is the portion of the perimeter out in the front yard;it does not include the portion of the perimeter adjacent to a building or lying along the front setback line; (iv) At no point in the front yard does the porch have a height greater than the depth of the front yard(Example:if the depth of the front yard is 20 feet,the maximum height in the front yard is also 20 feet);and (v) No projecting balcony or enclosed,habitable space shall be constructed or placed above the ceiling of a projected porch. Note 3.Gas Pipeline Sites.A principal building may project into the front yard if:(a)the building site includes land in the rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed by a gas transmission(not distribution)pipeline;(b)no part of the principal building,except items that are otherwise allowed to project into front setback areas,is within twenty feet of the front street line;and(c)The entrance to garage space is not closer than thirty feet to the front street line. Note 4.Buildings In Rear Yard or SF Bufferyard.A building may be located in a rear yard or SF Bufferyard if it meets all of the following criteria:(a)No part of the building may be closer than five feet to the rear property line(or to any SF District,if in a SF Bufferyard).(b)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),it may have no window,door or other opening above the ground floor(and facing the property line of the other building site),except for translucent(but not transparent),non-operable openings.(c)Space in any projecting building may only be used for single-family (detached)use.(d)A principal building may not project unless the ground floor of the projecting part is at least 51 percent garage space,and there is no more than 600 square feet of building space,other than garage space,in the projecting part).See garage restrictions in Article 10. Note S.Railway/Gas Sites.A building may be located in a rear yard if:(a)the yard abuts land used for railway purposes or gas transmission(not distribution)pipeline purposes;(b)the building does not occupy any area subject to a utility easement or drainage easement,unless each entity claiming an interest in the easement grants its consent or acquiescence to the encroachment;and(c)the building is an accessory building.If these criteria are met,the normal restrictions for rear yard projections do not apply(see notes above). Note 6.Garages in Side Yards.A building may project toward an interior side property line(not a side street line)if it meets all of the following criteria:(a)No part of the building may be closer than three feet to the side property line.Exception:Eaves may be as close as two feet.(b)The projecting part may only contain garage space and space above the garage(plus stairway and eaves). (c)Any projecting part must be at least seventy feet from the front street line.(d)Within ten feet of another building site in an SF District(whether on the side,rear or otherwise),the building may have no window,door or other opening above the ground floor(and facing the property line of the other building site).Exception:There may be translucent(but not transparent),non- operable openings.Note 7.Equipment in Rear or Side Yard. REAR YARD:Indicated equipment may project into a rear yard only if:(a)separating the equipment from any building site across the rear lot line,there is a solid wall at least one foot higher than the highest part of the equipment;(b)if the equipment occupies any part of an easement under the control of the City,the City has issued a separate acquiescence or consent to the occupancy of the easement;(c)there has been formally granted to the city any utility easement deemed necessary by the City's chief utility official;(d)the base of the equipment is not higher than 14 inches above the ground(Exception:The base may be elevated to the minimum level of the lowest floor of the principal building,as established by the City's flood damage prevention ordinance,if that level is higher than 14 inches above the ground.);and(e)if located within five feet of any property line,the equipment is fully encased in a sound-absorbing cabinet or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances. SIDE YARD:Indicated equipment may project into an interior or street side yard(but not closer than three feet to a property line) only if it is fully encased in a sound-absorbing cabinet,or is otherwise designed and operated to comply with the City's noise regulations;see Chapter 54 of the Code of Ordinances.However,equipment replacing older equipment in a side yard may project as close as 18 inches to a property line,if the fire marshal determines that such projection will not significantly interfere with emergency access,either on the same site or on another site. NEW AND REPLACEMENT EQUIPMENT:These rules apply to all new and replacement equipment.Exception:If older equipment was lawfully installed on an elevated structure in a rear yard,replacement equipment may be installed on the same structure.If the older equipment was lawfully installed without the required separating wall,the wall must be provided, but it may be either solid or at least 50%solid(e.g.,lattice).All other rules apply. Note 8.Basketball Goals.No part of the equipment may be closer than ten feet to any street line. Note 9 Fences.Fences may project into front and side yards to the extent expressly required or authorized by city ordinance(e.g., provisions in Chapter 18 of the Code of Ordinances;provisions in PDD schedules for front fences).Also in the Code of Created: 2022-08-09 16:05:10 [EST) (Supp.No.42) Page 22 of 23 Ordinances,there are:(i)requirements for emergency portals in fences(Chapter 18)and(ii)restrictions on fences,certain "fence-like hedges"and other things in visibility areas(Chapter 82).In a QMDS low fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or pickets. Note 10.Fence-like hedges.Fence-like hedges within the front yard(setback)of a building site containing no principal building are prohibited.This provision applies to all adjacent side yard building sites and rear through building sites.Visibility triangles and visibility areas,as defined by this ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 11.Swimming Pools.Except as specifically allowed by another ordinance of the City governing setbacks for swimming pools and appurtenances. Note 12.Lampposts.Maximum diameter of projecting posts is six inches;maximum height is eight feet. Note 13.Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance,no fence is allowed in the side street yard of a rotated corner building site(RCOD),except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 14.Front Fences in Townhouse Districts.On a building site in a townhouse district(including the TH and PDD-TH districts),there may be fences in the front yard,but not higher than seven feet and not closer than five feet to the front street line.More permissive provisions elsewhere may also apply. Note 15.Old Stock Housing.The ZBA may issue a special exception to authorize projection of buildings and attached structures into a side yard,rear yard or an SF Bufferyard,if the ZBA determines:(i)the projection is reasonably necessary to preserve or protect old stock housing as it then exists or as it may be proposed to be remodeled or expanded(up to a total gross floor area,for all buildings on the site,that does not exceed the greater of 3,400 square feet or 200%of the gross floor area of all the buildings on the site when the principal building was built,before 1980);and(ii)there will be no substantial adverse impact upon nearby properties. (Ord. No. 1797, §1(ex.A),5-23-2005;Ord. No. 1798,§1(ex.A),5-23-2005;Ord. No. 1799, §1(ex.A),5-23-2005; Ord. No. 1840, §1(ex.A),4-23-2007;Ord. No. 1869,§1(ex.A),4-28-2008;Ord. No. 1870, §1(ex.A),4-28-2008; Ord. No. 1871, §1(ex.A),4-28-2008;Ord. No. 1872,§1(ex.A),4-28-2008;Ord. No. 1878, §1(ex.A),8-25-2008; Ord. No. 1879, §1(ex.A),8-25-2008;Ord. No. 1925, §1(ex.A),8-9-2010;Ord. No. 1979, §1(Exh.A),5-20-2013; Ord. No.2081, §1(Exh.A),9-23-2019) Created: 2022-08-09 16:05:10 (EST] (Supp. No.42) Page 23 of 23