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Chapter 9-7: Form and Bulk Standards1

9-7-1 Schedule of Form and Bulk Standards.Go to the top

The purpose of this chapter is to indicate the requirements for lot dimensions and building form, bulk, location, and height for all types of development. All primary and accessory structures are subject to the dimensional standards set forth in table 7-1 of this section. No person shall use any land within the city authorized by chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following form and bulk requirements unless modified through a use review under section 9-2-15, "Use Review," B.R.C. 1981, or a site review under section 9-2-14, "Site Review," B.R.C. 1981, or granted a variance under section 9-2-3, "Variances and Interpretations," B.R.C. 1981.

TABLE 7-1: FORM AND BULK STANDARDS

Ordinance Nos. 5623 (1994); 5656 (1994); 5679 (1994); 5690 (1995); 5921 (1997); 5930 (1997); 5971 (1998); 6037 (1998); 6054 (1999); 7079 (2000); 7102 (2000); 7116 (2001); 7182 (2002); 7210 (2002); 7242 (2002); 7310 (2003); 7331 (2004); 7336 (2004); 7364 (2004); 7378 (2004); 7522 (2007); 7568 (2007)

9-7-2 Setback Standards.Go to the top

(a) Front Yard Setback Reductions: The front yard setback required in section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, may be reduced for a principal structure on any lot if more than fifty percent of the principal buildings on the same block face or street face do not meet the required front yard setback. The setback for the adjacent buildings and other buildings on the block face shall be measured from the property line to the bulk of the building, excluding, without limitation, any unenclosed porches, decks, patios or steps. The bulk of the building setback shall not be less than the average bulk of the building setback for the two adjacent structures. The front yard setback may be reduced to the average of the setback of the closest two buildings on the same block face. (See figure 9-1 of this section.)

Figure 1: Setback Averaging Example

Figure 9-1: Setback Averaging Example

In this example, lots "B" through "F" are the face block. Lot "A" is not included in the face block, as the front of this lot is on a different street. Setback averaging is measured to the bulk of the buildings and does not include porches (marked "P").

Assuming this block is zoned RL-1, the minimum required front yard setback would be twenty-five feet. The block face shown would qualify for setback averaging, as more than fifty percent of the principal buildings do not meet the required front yard setback. An addition to the front of lot "E" would require the averaging of the setbacks of lots "D" and "F", the two closest buildings on the same block face. In this example the resulting setback would be 20 feet - the average of lot "D" (fifteen feet) and lot "F" (twenty-five feet). An addition to the front of lot "F" would be based on the average of the two closest buildings on the same lot face; in this case, lots "D" and "E."

(b) Side Yard Setback Standards:

(1) Setbacks for Upper Floors in Non-Residential Zoning Districts: A building constructed with a side yard setback of zero for the first story above grade in the BC-2, BR-1, DT-1, DT-2, DT-3, DT-4, DT-5, IS-1, IG, or IM zoning districts, where the side yard setback is noted as "0 or 12," will be allowed to set back stories above the first story that is at or above the finished grade the greater of five feet or the distance required by chapter 10-5, "Building Code," B.R.C. 1981.

(2) Maintenance Easements Required in Residential Zoning Districts: In residential zoning districts that allow a zero side yard or rear yard setback, the applicant shall be required to secure a recorded maintenance easement from the adjoining property owner if the zero setback side is not attached to another structure. The easement shall be effective for the life of the accessory building. The easement shall not be less than three feet in width measured parallel to that portion of the building at zero setback.

(3) Wall Height for Residential Zero Lot Line: The maximum wall height for detached dwelling units at the zero setback property line shall be twelve feet.

(4) Calculating Residential Zero Lot Line Side Yard Setbacks: For detached dwelling units, the side yard setback opposite the zero setback property line shall be the sum of both side yards for the district.

(5) Combined Side Yard Setbacks: When combined side yard setbacks are required by section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, the resulting structure, including the existing structure and any addition, must meet the combined side yard setback requirements. (See figure 9-2 of this section for compliant and noncompliant examples).

Figure 2: Combined Side Yard Setbacks

Figure 9-2: Combined Side Yard Setbacks

Example: In the RL-1 district, the combination of side yard setbacks must be no less than fifteen feet, with a minimum of five feet. Both existing structures and additions (hatched) are included in the calculation.

(6) Existing Nonstandard Side Yard Setbacks for Existing Single-Family Detached Dwelling Units: A second story addition that does not comply with the minimum interior side yard setbacks may be added to an existing single family detached dwelling unit subject to the following:

(A) The interior side yard setback for the existing single family detached dwelling unit complied with the setback requirements in existence at the time of initial construction and was not created by a variance or other procedure;

(B) The resulting interior side yard setback will not be less than five feet and combined side yard setbacks will not be less than ten feet;

(C) That portion of the building in the side yard setback shall vertically align with the existing first story wall.

(7) Rear Yard Setbacks: Where a rear yard backs on a street, the rear yard shall have a minimum landscaped setback equal to the minimum front yard landscaped setback from a street for all buildings and uses required for that zone.

(8) Garages, Carports, Open Parking Areas and Flagpoles: Garages, detached carports, open parking areas, and flagpoles may be located in compliance with the required principal building setbacks or accessory building setbacks.

Ordinance Nos. 5623 (1994); 5656 (1994); Supplement No. 46 (1995); 5971 (1998); 7079 (2000); 7182 (2002); 7484 (2006)

9-7-3 Setback Encroachments.Go to the top

No structure or building shall be constructed or maintained in the required setback except for:

(a) A balcony, patio, or deck less than thirty inches in height;

(b) A stairway less than thirty inches in height;

(c) An encroachment of no more than thirty inches into the setback by a fireplace;

(d) A maximum of thirty inches of roof overhang; or

(e) The outer four feet of completely open, uncovered, cantilevered balconies that have a minimum of eight feet vertical clearance below, which may project into any required yard except an interior side yard of less than ten feet in width. A balcony may be placed above another balcony if the railings along the exterior boundaries of all such balconies are not more than fifty percent opaque, the railings do not exceed forty-two inches in height, and there are no horizontal connections of any kind between balconies except the wall from which the balconies are cantilevered.

Ordinance No. 7331 (2004)

9-7-4 Setback Encroachments for Front Porches.Go to the top

(a) Purpose: Front porches have historically contributed to the ambiance of residential streetscapes and encourage social interaction in a neighborhood. The purpose of these porch standards is to set the minimum standards for the construction of front porches that encroach in the minimum front yard and side yard adjacent to a street in residential zoning districts and for the preservation, restoration and replacement of front porches in historic districts or on individual landmarks.

(b) Scope: These standards are applicable to all detached dwelling units in residential zoning districts. These requirements shall also be applicable to all building permit applications in historic districts and for individual landmarks.

(c) Setback Encroachments for Porches: No person shall construct a front porch that encroaches into a front yard or a side yard adjacent to a street unless the front porch meets the following design standards:

(1) Maximum Encroachment Into Setbacks: For a structure that otherwise meets the front yard setback standards, no porch shall encroach more than eight feet beyond the required front yard setback. For a structure that does not meet the front yard setback requirements no porch shall extend more than six feet beyond the bulk of the building. The bulk of the building includes the structure, but excludes unenclosed porches, decks, patios, steps, or similar features. In no case, shall the resulting setback from the property line to the porch be less than fifty percent of the required setback of the underlying zoning district;

(2) Size of Porch: The front porch which encroaches into a front yard or side yard adjacent to a street shall have a minimum surface deck area of fifty square feet. The total area of any encroachment of the porch into a front yard or a side yard adjacent to a street shall not exceed one hundred fifty square feet;

(3) Depth of Porch: The minimum depth of the porch shall not be less than five feet and the maximum depth of the porch shall not exceed eight feet;

(4) Enclosure Prohibited: The front porch shall be open and shall not be enclosed by any materials including, without limitation, glass or screens;

(5) Railings: A railing not exceeding thirty-six inches in height measured from the floor of the porch may be provided on the periphery of the front porch;

(6) Floor Height: The floor of the front porch shall not be more than thirty-six inches above grade or no higher than the first floor above grade whichever is less;

(7) Roof Required: A minimum of sixty percent of the front porch shall be covered by a roof or a trellis that is an integrated extension of the existing structure;

(8) Roof Height: No portion of a roof or trellis that encroaches into a front yard or side yard adjacent to a street shall be more than twelve feet in height when measured from the floor of the porch;

(9) Foundation: The porch must be supported by columns or foundation walls affixed to the ground;

(10) Requirements for Fences: A fence in the front yard or side yard adjacent to a street of a lot with a porch that encroaches into either setback built in conformance with the standards set forth in this section shall not exceed forty-two inches in height. The lower thirty inches may have a solid appearance. Any portion of the fence above thirty inches shall have at least a fifty percent non-opaque appearance;

(11) Modification of Existing Porches: An existing porch which encroaches into a front yard or side yard adjacent to a street may be modified in compliance with these standards;

(12) Unlawfully Enclosed Porches: Dwelling units with previously existing porches that encroached into a front yard or a side yard adjacent to a street and have been unlawfully enclosed shall not be eligible for porches permitted by this subsection; and

(13) Side Yards Adjacent to a Street: A front porch may only extend into the side yard setback adjacent to a street if: a) that portion of the porch within the side yard adjacent to a street extends from the front yard around the corner of the structure into the side yard; b) does not exceed the depth of the front porch; and, c) the entire porch does not exceed the maximum size limitations set forth in this subsection.

(d) Setback Encroachment for Individual Landmarks and Buildings Within Historic Districts: A front porch on an individual landmark or a contributing building within a historic district established by chapter 9-11, "Historic Preservation," B.R.C. 1981, may be constructed within a front yard or side yard setback to the extent that the front porch is a restoration or replacement of a historically significant architectural feature. A historically significant front porch may be established through evidence which may include, without limitation, physical evidence, photographic documentation, and original building plans. The adequacy of such evidence shall be subject to the review of, and approval by, the approval authority for an alteration certificate under chapter 9-11, "Historic Preservation," B.R.C. 1981.

Ordinance Nos. 5764 (1995); 6046 (1999); 6083 (1999); 7041 (2000)

9-7-5 Building Height.Go to the top

(a) Permitted Height: The height permitted without review within the city is set forth in section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, except as provided in paragraph (a)(2) of this section. Buildings greater than the permitted height may be approved under section 9-2-14, "Site Review," B.R.C. 1981.

(1) Modifications to Natural Grade: The height of a building is determined as described in the definition of "height" in chapter 9-16, "Definitions," B.R.C. 1981. (See figure 9-3 of this section.) If there is evidence that a modification to the natural grade has occurred since the adoption of Charter section 84, "Height limit." B.R.C. 1981, on November 2, 1971, the city manager can consider the best available information to determine the natural grade. This may include, without limitation, interpolating what the existing grade may have been using the grade along property lines, topographic information on file with the city, or other information that may be presented to the city manager.

Figure 3: Building Height (Twenty Degree Slope or Less)

Figure 9-3: Building Height (Twenty Degree Slope or Less)

(2) Slopes Greater Than Twenty Degrees: On a slope measured within the building envelope created by the required setbacks from property lines that is greater than twenty degrees (36.4 percent slope), the building height may not exceed twenty-five feet. (See figure 9-4 of this section.) However, under no circumstances shall a structure exceed fifty-five feet as measured under charter section 84 except as provided for poles in section 9-2-14, "Site Review," B.R.C. 1981. The slope percentage shall be calculated by measuring the difference between the high point and the low point within the building envelope and dividing it by the distance between the high and low points.

Figure 4: Building Height (Twenty+ Degree Slope)

Figure 9-4: Building Height (Twenty+ Degree Slope)

(b) Nonconformity to Fifty-Five-Foot Limit: No addition to that portion of the building exceeding the current fifty-five foot height limitation is allowed for structures erected at a height conforming to the height limitations applicable at the time of their erection which are now nonconforming as to height. Appurtenances which meet the requirements of section 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, may exceed the fifty-five-foot height limit.

(c) Nonconformity to Permitted Height: There shall be no increase in the highest point or the floor area of buildings greater than the permitted height but less than fifty-five feet in height, unless approved under section 9-2-14, "Site Review," B.R.C. 1981.

(d) Height Calculations for Attached Buildings:

(1) The following shall be considered individual buildings for the purposes of calculating building height:

(A) Buildings that are connected only below grade. (See figure 9-5 of this section.)

(B) Abutting buildings or buildings built to the common property line, with no setback and having internal connections between buildings. (See figure 9-6 of this section.)

(C) Buildings attached by an at-grade open or enclosed connection not more than fifteen feet high or twelve feet wide. (See figure 9-7 of this section.)

(2) Individual buildings in compliance with paragraph (d)(1) of this section, and which exceed the maximum permitted height allowed by section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, may be considered by the planning board pursuant to section 9-2-14, "Site Review," B.R.C. 1981.

Figure 5: Below Grade Connection

Figure 9-5: Below Grade Connection

Figure 6: Internal Connection

Figure 9-6: Internal Connection

Figure 7: Pedestrian or Breezeway Connection

Figure 9-7: Pedestrian or Breezeway Connection

Ordinance No. 7535 (2007)

9-7-6 Building Height, Conditional.Go to the top

(a) High Density Residential District Administrative Review Criteria: In the RH zones, principal building height may be increased to forty feet if:

(1) The building contains no more than three habitable floors;

(2) The finished floor elevation of the highest habitable floor above grade does not exceed twenty-one feet in height calculated by the method set forth in chapter 9-16, "Definitions," B.R.C. 1981; and

(3) The slope of the roof is at least 1:2.

(b) BC, BR, IS, IG, and IM District Review Criteria: In the BC-1, BC-2, BR-1, BR-2, IG, IM, IS-1, and IS-2 zoning districts, principal building height may be increased by up to five feet in excess of the maximum height set forth in section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, if:

(1) The property is not adjacent to any residential district. For the purposes of this paragraph, adjacent properties are properties which directly abut the property or are located directly across a right-of-way that is less than eighty feet wide; and

(2) The property is not adjacent to any property designated for low, medium or high density residential uses in the Boulder Valley Comprehensive Plan. Adjacent properties are properties which directly abut the property or are located directly across a right-of-way that is less than eighty feet wide.

(c) Downtown-5 (DT-5) Review Criteria: In the DT-5 zoning district, principal building height for a building located on a corner lot that faces two public streets may be increased by up to ten feet in height and up to three stories if:

(1) The building contains no more than three stories above the finished grade.

(2) The horizontal dimensions of the third story are no greater than fifty feet along the front yard street frontage by seventy feet along the side yard street frontage.

(3) The vertical planes of the third story are located directly above the vertical planes of the stories below.

(4) The zoning districts on the other three corners of the intersection where the property is located are within the DT-5 or the P zoning districts.

(5) The building is not within a historic district created under the provisions of chapter 9-11, "Historic Preservation," B.R.C. 1981.

Ordinance Nos. 5930 (1997); 5971 (1998); 7079 (2000); 7169 (2001); 7522 (2007)

9-7-7 Building Height, Appurtenances.Go to the top

(a) Appurtenances: Appurtenances may be added under the following circumstances:

(1) The addition of an appurtenance to a building is permitted if it does not cause the building height to exceed the height allowed in this section, considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof.

(2) The city manager may approve additions of appurtenances to buildings causing a building height to exceed the maximum permitted height if the following standards are met:

(A) There is a functional need for the appurtenance;

(B) The functional need cannot be met with an appurtenance at a lesser height; and

(C) Visible materials and colors are compatible with the building to which the appurtenance is attached.

(3) No appurtenance may have useable floor area except for mechanical equipment installations; have more than twenty-five percent coverage of the roof area of the building; or be more than sixteen feet in height. For the purposes of this paragraph, "coverage" means the total area enclosed by the screening and "roof area" means outside top covering of a building which is parallel to the ground.

(4) All mechanical equipment is screened from view, regardless of the height of the building, unless in the opinion of the city manager such screening conflicts with the function of the mechanical equipment. The city manager will determine if the screening of the equipment is adequate in form, materials, and color based on the following criteria:

(A) Screening is consistent with the building design, colors, and materials;

(B) Appurtenances are placed on the portion of the roof which is least visible from adjacent streets and properties;

(C) The height of the screen is the minimum appropriate to adequately screen the mechanical equipment; and

(D) Screening does not increase the apparent height of the walls of the building. The use of parapet walls to screen mechanical equipment is discouraged. The height of parapet walls should be the minimum necessary to screen mechanical equipment.

(5) A parapet wall may exceed the height requirements of this title by up to eighteen inches if the parapet is necessary to accommodate rooftop drainage or to provide fire protection.

(6) An applicant may appeal the decision of the manager under this section to the planning board under the procedures set forth in section 9-2-7, "Development Review Action," B.R.C. 1981.

(b) Landmarked Appurtenances: Notwithstanding any other provision of this section, appurtenances of buildings landmarked under chapter 9-11, "Historic Preservation," B.R.C. 1981, may be repaired or restored to their previous height, upon approval of the landmarks board. If the board approves such a repair or restoration, the approval is not effective until thirty days after the date of its approval. Promptly after the approval of the repair or restoration, the city manager will forward to the city council a written report, including a description of the repair or restoration and the reasons for the approval. The manager will publish notice of the approval once in a newspaper of general circulation in the city within thirty days after the approval is granted by the board. Upon receiving such report and at any time before the effective date of the approval, the council may rescind the approval and call-up the request for its consideration at a public hearing, which constitutes a revocation of the approval.

9-7-8 Accessory Buildings in Residential Zones.Go to the top

(a) Maximum Building Coverage: In an RR, RE, RL, or RMX-1 residential zoning district, unless the property has been designated as an individual landmark or is located within a historic district under chapter 9-11, "Historic Preservation," B.R.C. 1981, the total cumulative building coverage of accessory buildings or structures between the principal building rear yard setback and the rear yard property line shall not exceed five hundred square feet. For a property that has been designated as an individual landmark or is located within a historic district under chapter 9-11, "Historic Preservation," B.R.C. 1981, such total cumulative building coverage may be increased to permit the addition of one new accessory building or structure of up to five hundred square feet of coverage if such property has existing structures within the principal building rear yard setback area. There shall be no limitation on building coverage for accessory buildings or structures located entirely within the principal building envelope except as set forth in the definition of "accessory building or structure," in chapter 9-16, "Definitions," B.R.C. 1981.

(b) Connections Between a Dwelling Unit and an Accessory Building Located Within the Principal Building Envelope: In a residential zoning district, a single-family detached dwelling unit may be connected to an accessory building by a breezeway that is built in compliance with the principal building setback standards set forth in this chapter, or the principal building setback standards in place at the time of its construction, if the breezeway meets the following standards:

(1) The sides of the breezeway shall be completely open except for structural support columns and the walls of the garage/carport and the dwelling unit to which it is attached.

(2) No useable floor area is located above the breezeway.

(3) The accessory building and the dwelling unit shall comply with the use limitations for such buildings set forth in chapter 9-16, "Definitions," B.R.C. 1981.

(4) A breezeway shall be classified as building coverage for purposes of calculating the required open space for the dwelling unit.

(c) Breezeway Connections Between Accessory and Principal Buildings: In a residential zoning district, a single-family detached dwelling unit may be connected to an accessory building which is located partially or entirely within principal building rear yard setback by a breezeway if the breezeway meets the following standards:

(1) No portion of the roof shall exceed a height of twelve feet, measured to the finished grade directly below it, or the height of the accessory building to which it is attached, whichever is less. (See figure 9-8 of this section.)

(2) No walkways are permitted on the roof of a breezeway.

(3) The width of the breezeway, measured from the outside edge of the supporting columns, shall not exceed six feet.

(4) Each eave, measured from the outside edge of the supporting columns, to the fascia, shall not exceed eighteen inches.

(5) The sides of the breezeway above grade shall remain completely open except for structural support columns and the walls of the accessory building and the single-family detached dwelling unit to which it is attached.

(6) The breezeway shall be set back from the interior side yard the greater of ten feet or the minimum principal building side yard setback for the underlying zoning district.

(7) Any portion of a breezeway that is located within the principal building rear yard setback shall be included in the maximum coverage limitations for accessory buildings set forth in subsection (a) of this section.

(8) A breezeway shall be classified as building coverage for purposes of calculating the required open space for the dwelling unit.

Figure 8: Breezeway

Figure 9-8: Breezeway

Ordinance Nos. 7210 (2002); 7401 (2004); 7577 (2007)

9-7-9 Two Detached Dwellings on a Single Lot.Go to the top

(a) Standards: In an RM-2, RM-3, RH-1, RH-2, or RH-5 district, two detached dwelling units may be placed and maintained as principal buildings on a lot which fronts on two public streets other than alleys, if the following conditions are met:

(1) Each principal building shall have adjacent to it and convenient to use by its occupants a landscaped area of at least one hundred twenty square feet, with no side less than ten feet in length, and with privacy screening. The screening requirement may be met through any combination of building placement, landscaping, walls, or fencing;

(2) A uniform landscape plan shall be provided and executed, and all existing trees over three inches in caliper measured four inches above the ground shall be preserved, unless this requirement is waived by the city manager for good cause;

(3) In the RM zoning district, one parking space is required for each principal building. In the RH-5 zoning district, for the second principal building, one bedroom requires one off-street parking space, two bedrooms require one and one-half spaces, three bedrooms require two spaces, and four or more bedrooms require three spaces. Required parking is provided on the lot convenient to each principal building. Any two parking spaces fronting on an alley which are adjacent to each other shall be separated from any other parking spaces by a landscaped area at least five feet wide and as deep as the parking spaces;

(4) Privacy fencing or visual buffering of parking areas is provided;

(5) Each principal building has separate utility services in approved locations;

(6) All utilities are underground for each principal building unless this requirement is waived by the city manager for good cause;

(7) New principal buildings are compatible in character with structures in the immediate vicinity, considering mass, bulk, architecture, materials, and color. In addition, the second principal building placed on a lot shall meet the following requirements:

(A) The second floor shall not exceed sixty percent of the area of the first floor;

(B) Only two floors, exclusive of lofts or towers with floors no larger than one hundred square feet in the aggregate, shall be above grade;

(C) The above grade floor area shall not exceed one thousand two hundred square feet. The floor area for a single-car detached garage which does not exceed two hundred forty square feet and is a minimum of five feet from another principal structure may be added to the one thousand two hundred square feet if the additional floor area does not exceed the FAR in subparagraph (a)(7)(D) of this section; and

(D) The FAR shall not exceed 0.45, calculated as follows:

(i) All above grade floor area, garages, accessory structures, courts, and basements which are located below a floor level which is more than thirty inches above the natural grade shall be included in the floor area; and

(ii) If a subdivision request for the lot is part of the application under this section, the new lot upon which the building will be located shall be the basis for the FAR. If there is no subdivision application, the smaller building site for FAR calculations shall be forty percent of the lot, or such larger portion not to exceed sixty percent as the city manager shall approve as constituting a reasonable lot consistent with the requirements which would have to be met were the lot to be subdivided; and

(E) If the second principal building is the rear building, the roof eaves exclusive of dormers on the alley face of the building shall not be more than twelve feet above grade;

(F) If the second principal building is the rear building, the exterior wall surface area on the alley face of the building over nine feet above the grade of the alley shall not exceed seventy-five percent of the area of that face below nine feet. Exterior wall surface area on the alley face shall include all surfaces which face the alley steeper than a 12/12 pitch which are within ten feet of the wall surface closest to the alley; and

(G) The building height of the second principal building, if it is located at the rear of the lot, shall not exceed twenty-five feet.

(H) Setback requirements shall be modified as follows:

(i) New principal buildings shall maintain the side yard setback requirements for the RM-2 zoning district of section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, regardless of the zoning district in which the lot is located;

(ii) At least ten feet shall be maintained between the principal buildings;

(iii) The front yard setback requirement of section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, shall be met for the front building;

(iv) If there is an alley at the rear twenty feet or more in width, then there shall be no rear yard setback requirement for the rear building;

(v) If the alley is less than twenty feet wide at the rear for lots which have frontage on two public streets, the rear yard setback for the rear building shall be five feet; and

(vi) If there is no alley at least fifteen feet wide for lots which have frontage on two public streets, the rear yard setback requirement of section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, must be met for the rear building.

(b) Subdivision: If two principal buildings are to be or have been constructed on a lot pursuant to subsection (a) of this section, such lot may be subdivided, upon application, into two lots, one for each principal building, if the following requirements are met:

(1) The smaller of the two lots is at least forty percent of the square footage of the original lot;

(2) The lot line created between the two principal buildings shall be substantially perpendicular to the side lot lines;

(3) The subdivision in all other respects complies with the subdivision requirements of chapter 9-12, "Subdivision," B.R.C. 1981, except as those requirements are modified by this section concerning street frontage, density and open space requirements, and setbacks; and

(4) The subdivision agreement recites all of the conditions of this section as continuing limitations on future buildings and uses of each lot, and that one or both lots, whichever may be the case, are nonconforming lots containing nonconforming buildings whose change to or expansion of use, lot, or building is subject to the provisions of this title or their successors concerning nonconformity.

Ordinance No. 5623 (1994); 7522 (2007)

9-7-10 Mobile Home Park Form and Bulk Standards.Go to the top

No person shall establish or maintain a mobile home park or mobile home on a lot within a mobile home park except in accordance with the following standards:

(a) Mobile Home Park Form and Bulk Summary Table: Development within a mobile home park in the MH zoning district shall comply with the standards shown in table 7-2 and illustrated in figure 9-9 of this section.

TABLE 7-2: MOBILE HOME PARK DESIGN STANDARDS (MH DISTRICT)

Size and Intensity
Minimum mobile home park size –
     MH zone
     RL-2, RM, and RH zones

5 acres
10 acres

Maximum allowable density -
     RL-2 zone
     MH, RM, and RH zones


6 units per acre
10 units per acres

Minimum site area reserved for recreational facilities
8 percent of mobile home park
Lot Area and Open Space
Minimum lot area if subdivided
3,500 square feet
Minimum average lot area per mobile home
4,350 square feet
Minimum outdoor living and service area (with no dimension less than 15 feet)
300 square feet
Minimum usable open space per mobile home
600 square feet
Parking Requirements
Minimum number of off-street parking spaces per mobile home
1
Setbacks and Separation
Minimum side to side separation
15 feet
Minimum end to end separation
10 feet
Minimum distance from tongue to any adjacent sidewalk
2 feet
Minimum setback from a street (from edge of street pavement)
10 feet
Accessory Buildings (10-12, B.R.C.)
Maximum size of storage buildings
150 square feet
Minimum setback from adjacent mobile homes to all accessory buildings and structures
10 feet
Minimum separation between mobile home and accessory building (on the same lot)
6 feet

 

Figure 9: Mobile Home Park Setback Standards

Figure 9-9: Mobile Home Park Setback Standards

Minimum setback to the boundary of the mobile home park depends on the zoning district. All other setback require-ments apply in all mobile home parks. The required setback from a street is measured from the edge of street pavement. The required tongue setback is measured to the edge of the sidewalk.

(b) Area Requirements: In determining the required yard and space areas, the use of double-wide mobile homes and accessory structures shall be considered. The minimum average lot area per mobile home does not include additional area required by this chapter for access roads, off-street parking and storage areas, service buildings, recreation areas, and office and similar mobile home needs.

(c) Driveways: Paved driveways with a minimum width of ten feet shall be provided where necessary for convenient access to each mobile home.

(d) Parking: Mobile homes in all zoning districts other than the MH district shall provide 1.5 off-street parking spaces per mobile home. Off-street spaces shall be located on or within three hundred feet of the mobile home space for which the parking is required.

(e) Setbacks From Boundary Lines: All mobile homes in RM-2 and RH-5 zoning districts shall be located at least twenty five feet from the boundary lines of the mobile home park. All mobile homes located in RL-2, RM-1, RM-3, MH, RH-1, and RH-4 zoning districts shall be located at least twenty feet from the boundary of the mobile home park.

(f) Reduction of Setbacks From Boundary Lines: Mobile home setback distances along park boundary lines adjacent to other lots may be reduced to ten feet as part of a site review or use review approval if the mobile home park owner demonstrates that there is a need for such reductions and that no detrimental effect will result to uses on adjoining properties or to residents of the mobile home park.

(g) Obstructions Prohibited: No mobile home or portion thereof shall overhang or obstruct any driveway, access road, or walkway.

(h) Screening: All mobile home parks adjacent to other residential uses, commercial uses, or industrial uses shall be provided with screening, such as opaque fencing or landscaping, along the property boundary separating the mobile home park from such adjacent land uses.


1 Adopted by Ordinance No. 7476.

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