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Fort Collins Land Use Code

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ARTICLE 4
DISTRICTS

TABLE OF CONTENTS

DIVISION 4.1 RURAL LANDS DISTRICT (R-U-L)

DIVISION 4.2 URBAN ESTATE DISTRICT (U-E)

DIVISION 4.3 RESIDENTIAL FOOTHILLS DISTRICT (R-F)

DIVISION 4.4 LOW DENSITY RESIDENTIAL DISTRICT (R-L)

DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N)

DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N)

DIVISION 4.7 NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT (N-C-L)

DIVISION 4.8 NEIGHBORHOOD CONSERVATION, MEDIUM DENSITY DISTRICT (N-C-M)

DIVISION 4.9 NEIGHBORHOOD CONSERVATION, BUFFER DISTRICT (N-C-B)

DIVISION 4.10 HIGH DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (H-M-N)

DIVISION 4.11 RESERVED

DIVISION 4.12 TRANSITION DISTRICT (T)

DIVISION 4.13 PUBLIC OPEN LANDS DISTRICT (P-O-L)

DIVISION 4.14 RIVER CONSERVATION DISTRICT (R-C)

DIVISION 4.15 RESERVED

DIVISION 4.16 DOWNTOWN DISTRICT (D)

DIVISION 4.17 RIVER DOWNTOWN REDEVELOPMENT DISTRICT (R-D-R)

DIVISION 4.18 COMMUNITY COMMERCIAL DISTRICT (C-C)

DIVISION 4.19 COMMUNITY COMMERCIAL - NORTH COLLEGE DISTRICT (C-C-N)

DIVISION 4.20 COMMUNITY COMMERCIAL - POUDRE RIVER DISTRICT (C-C-R)

DIVISION 4.21 COMMERCIAL DISTRICT (C)

DIVISION 4.22 COMMERCIAL - NORTH COLLEGE DISTRICT (C-N)

DIVISION 4.23 NEIGHBORHOOD COMMERCIAL DISTRICT (N-C)

DIVISION 4.24 LIMITED COMMERCIAL DISTRICT (C-L)

DIVISION 4.25 RESERVED

DIVISION 4.26 HARMONY CORRIDOR DISTRICT (H-C)

DIVISION 4.27 EMPLOYMENT DISTRICT (E)

DIVISION 4.28 INDUSTRIAL DISTRICT (I)

DIVISION 4.1 RURAL LANDS DISTRICT (R-U-L) (U-E)

(A) Purpose. The Rural Lands District is intended for privately owned lands that are planned as a rural edge to the community. Rural lands include but are not limited to community separators, clustered residential development, large lot residential, agriculture, natural area buffers and corridors and other open lands of similar character and purpose.

(B) Permitted Uses.

(1) The following uses are permitted in the R-U-L District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Agricultural Uses:

1. Agricultural activities.

(b) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

3. Farm animals.

(c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 2, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(e) Residential Uses:

1. Shelters for victims of domestic violence.

(2) The following uses are permitted in the R-U-L District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings on lots containing at least ten (10) acres.

(b) Institutional/Civic/Public Uses:

1. Public facilities.

2. Parks, recreation and open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

1. Composting facilities.

(d) Agricultural Uses:

1. Animal boarding.

(3) The following land uses are permitted in the R-U-L District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Single-family detached dwellings in residential cluster developments, except that such residential cluster developments shall, to the maximum extent feasible, be located at least one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) from the centerline of Interstate Highway 25 (I-25).

(b) Institutional/Civic/Public Uses:

1. Golf courses.

2. Riding academies.

3. Cemeteries.

(d) Accessory Uses:

1. Wireless Telecommunications Equipment, provided that it is not located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of either I-25 or Carpenter Road.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Residential Density.

(a) Single-family detached maximum residential density shall be one (1) dwelling unit per ten (10) acres.

(b) Residential cluster development density shall be based on one (1) dwelling unit per one hundred thousand (100,000) square feet measured on the entire site.

(c) Resource management area, density of residential cluster development shall be calculated as follows: The total acres of the subject parcel, less any area that is within a one-hundred-year floodway or covered by a body of water, multiplied by 0.5, equivalent to one (1) dwelling unit per two (2) acres.

(2) Airport Critical Area - No Residential Use. No residential use shall be permitted within the designated Airport Critical Area.

(3) Dimensional Standards.

(a) A setback area of at least eighty (80) feet shall be provided along arterial streets, measured from the right-of-way.

(b) Single-family detached dwellings on lots containing at least ten (10) acres:

1. Minimum lot width shall be two hundred (200) feet.

2. Minimum depth of the front yard shall be sixty (60) feet.

3. Minimum depth of the rear yard shall be fifty (50) feet.

4. Minimum side yard shall be fifty (50) feet.

1. Minimum lot width shall be sixty (60) feet.

2. Minimum depth of the rear yard shall be fifteen (15) feet.

(d) Maximum building height for single-family detached dwellings shall be three (3) stories.

(E) Development Standards.

(1) Street Connectivity and Design. The following standards shall apply to all development in the Rural Lands District:

(a) Development in this District shall be exempt from the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards.

(b) The layout and design of any new streets shall emphasize characteristics and views of the open landscape. To the maximum extent feasible, streets shall be designed to minimize the amount of site disturbance caused by roadway and associated grading required for their construction by utilizing special street design characteristics such as divided lanes, landscape islands and landscape solutions to drainage instead of standard curb and gutter (so that storm water runoff is directed into open swales and ditches). Local and residential access roads shall be designed without curbs and gutters unless deemed necessary for health and safety by the City Engineer.

(2) Residential Development Configuration. Residential development may be configured as lots containing at least ten (10) acres, or as a residential cluster development, at the option of the applicant, except in the Fossil Creek Reservoir Resource Management Area where clustering shall be required.

(3) Site Design for Residential Cluster Development. Property in the Rural Lands District may be developed in clusters, subject to approval by the Planning and Zoning Board. In a cluster development, lot sizes may be reduced in order to cluster the dwellings together on twenty (20) percent of the property, with the remainder of the property permanently preserved as private open space.

(a) At least eighty (80) percent of the residual gross land area of the proposed development shall remain under private ownership, as private open space protected by restrictive covenants for the benefit of the city, and/or by maintaining existing dwellings and any outbuildings, protected by restrictive covenants binding upon either: (1) existing residential owners; (2) the residential homeowners' association if it owns such property; or (3) a nonprofit organization acceptable to the city, if it owns such property. The development plan shall include such restrictive provisions protected by restrictive covenants for the benefit of the city, proposed uses, and maintenance provisions as necessary to ensure the continuation of the private open space uses intended. The city may also require that the developer commit in the development agreement to maintain the open space.

(b) Only the uses specifically permitted in subsection (B) above shall be allowed in the cluster development. For the residual open land, existing dwellings and/or outbuildings relating to agricultural use are allowed to remain and, if included, may be applied toward the total allowed residential density in the development.

(c) The design of the cluster development shall be appropriate for the site, as demonstrated by meeting the following criteria:

1. The preservation of significant natural resources, wildlife habitat, natural areas and features such as drainage swales, rock outcroppings and slopes, native vegetation, open lands or agricultural property through maintenance of large, contiguous blocks of land and other techniques. Residual land shall be designed to achieve the maximum amount of contiguous open space possible, while avoiding the creation of small, isolated and unusable areas.

2. The provision of additional amenities such as trails, common areas or access to public recreational areas and open space. Residual lands shall not include any street rights-of-way or parking areas.

3. The protection of adjacent residential development through landscaping, screening, fencing, buffering or similar measures.

4. The layout of lots to conform to terrain and minimize grading and filling, including the preservation of natural features such as drainage swales, rock outcroppings and slopes.

5. The indication of any areas where farm animals will be allowed, including any mitigation features needed to buffer these areas from surrounding uses.

(Ord. No. 131, 2006 §2, 9/19/06; Ord. No. 192, 2006 §14, 12/19/06; Ord. No. 081, 2007 §7, 7/17/07)

DIVISION 4.2 URBAN ESTATE DISTRICT (U-E)

(A) Purpose. The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands.

(B) Permitted Uses.

(1) The following uses are permitted in the U-E District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings containing two thousand five hundred (2,500) square feet or less of floor area.

2. Accessory uses.

(b) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(c) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Shelters for victims of domestic violence.

(2) The following uses are permitted in the U-E District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Two-family dwellings.

3. Single-family attached dwellings.

4. Group homes for up to eight (8) developmentally disabled or elderly persons.

(b) Institutional/Civic/Public Uses:

1. Public facilities.

2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

3. Cemeteries.

1. Farm animals.

(3) The following uses are permitted in the U-E District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Residential cluster developments.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Places of worship or assembly.

3. Golf courses.

4. Wildlife rescue and education centers.

1. Child care centers.

2. Bed and breakfast establishments with no more than six (6) beds.

3. Plant nurseries and greenhouses.

4. Animal boarding (limited to farm/large animals).

5. Adult day/respite care centers.

6. Small scale reception centers.

(d) Industrial Uses:

1. Resource extraction, processes and sales.

2. Composting facilities.

(e) Accessory/Miscellaneous Uses:

1. Accessory buildings containing more than two thousand five hundred (2,500) square feet or floor area.

2. Wireless telecommunication equipment.

(D) Land Use Standards.

(1) Density/Intensity. All development shall meet the following requirements:

(a) Overall average density shall not exceed two (2) dwelling units per net acre.

(b) Lot sizes shall be one-half (½) acre or larger for dwellings that are not clustered in accordance with the standards set forth in this Division.

(2) Dimensional Standards.

(a) Minimum lot width shall be one hundred (100) feet, except that the minimum lot width for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L District standards prior to March 28, 1997, shall be sixty (60) feet.

(b) Minimum depth of the front yard shall be thirty (30) feet, except that the minimum depth of the front yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be twenty (20) feet.

(c) Minimum depth of the rear yard shall be twenty-five (25) feet, except that the minimum depth of the rear yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be fifteen (15) feet.

(d) Minimum side yard width shall be twenty (20) feet, except that the minimum depth of the side yard for a single-family dwelling on a lot located in a subdivision that was developed pursuant to the R-L district standards prior to March 28, 1997, shall be fifteen (15) feet on the street side of any corner lot and five (5) feet for all interior side yards.

(e) Maximum building height shall be three (3) stories.

(E) Development Standards.

(1) Street Connectivity and Design. The following standards shall apply to all development in the Urban Estate District:

(a) To the maximum extent feasible, development in this District shall comply with the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards, in order to provide integration between neighborhoods.

(b) Development in this District shall be exempt from the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards.

(2) Site Design for Residential Cluster Development. Sites in the Urban Estate District may be developed in clusters according to the cluster development standards established below, subject to approval by the Planning and Zoning Board. In a cluster development, lot sizes may be reduced in order to cluster the dwellings together on a portion of the property, with the remainder of the property permanently preserved as public or private open space. The following standards shall apply to cluster development in this District:

(a) Only uses permitted in subsection (B) shall be allowed.

(b) Cluster development shall set aside at least fifty (50) percent of the total land area of the proposed development as private or public open space that is permanently preserved as open space through dedication of ownership, if acceptable to the city, or placement of an appropriate easement granted to the city or other nonprofit organization acceptable to the city, with such restrictive provisions and future interests as may be necessary to ensure the continuation of the open space use intended. As a condition of approval, the city may also require the property owners to maintain the dedicated open space to city standards through a maintenance agreement.

(c) Minimum lot sizes may be waived by the Planning and Zoning Board, provided that the overall average density of the proposed development does not exceed two (2) dwelling units per gross acre and the density of the cluster development does not exceed five (5) dwelling units per net acre.

(d) Building envelopes shall be identified on the cluster development, and the residential building setbacks, lot width and lot size shall conform to Section 3.5.2(D). The maximum residential building height shall be two and one-half (2½) stories.

(e) The design of the cluster development shall be appropriate for the site, as demonstrated by compliance with all of the following criteria:

1. preservation of significant natural resources, natural areas and features, native vegetation, open lands or agricultural property through maintenance of large, contiguous blocks of land and other techniques;

2. provision of additional amenities such as parks, trails, common areas or access to public recreational areas and open space.

3. minimizing the visual intrusion of dwellings and other structures and the blocking of vistas to the foothills and prominent mountain vistas by avoiding building in the center of a meadow or open area.

4. protection of adjacent residential development through landscaping, screening, fencing, buffering or similar measures.

5. designing the layout of lots on the cluster development so as to conform to terrain, and locating such lots so that grading and filling are kept to a minimum, and natural features such as drainage swales, rock outcroppings and slopes are retained.

6. if farm animals are intended to be allowed within the area, indicating those portions of the area to be developed that will be reserved for the keeping of farm animals and the mitigation efforts used to buffer these areas from surrounding uses.

(F) Development Standards for the I-25 Corridor. Development located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either side of the centerline of I-25 shall be subject to the requirements of Division 3.9.

(Ord. No. 122, 1997 §55, 8/5/97; Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §36, 12/15/98; Ord. No. 165, 1999 §32, 11/16/99; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 087, 2002 §23, 6/4/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 120, 2003 §3, 9/02/03; Ord. No. 056, 2004 §3, 4/20/04; Ord. No. 091, 2004 §25, 6/15/04; Ord. No. 070, 2005 §13, 7/5/05; Ord. No. 161, 2005 §9, 12/20/05; Ord. No. 104, 2006 §13, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §15, 12/19/06; Ord. No. 081, 2007 §8, 7/17/07)

DIVISION 4.3 RESIDENTIAL FOOTHILLS DISTRICT (R-F)

(A) Purpose. The Residential Foothills District designation is for low density residential areas located near the foothills.

(B) Permitted Uses.

(1) The following uses are permitted in the R-F District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Shelters for victims of domestic violence.

(2) The following uses are permitted in the R-F District, subject to administrative review:

(a) Institutional/Civic/Public Uses:

1. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

(b) Accessory/Miscellaneous Uses:

1. Farm animals.

(3) The following uses are permitted in the R-F District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Residential cluster developments.

3. Group homes.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Places of worship or assembly.

3. Public facilities.

4. Wildlife rescue and education centers.

1. Wireless telecommunications equipment.

(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this section or (2) determined to be permitted by the Director pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.

(D) Land Use Standards.

(1) Density/Intensity of Development.

(a) Minimum lot area shall not be less than one hundred thousand (100,000) square feet (2.29 acres).

(2) Dimensional Standards.

(a) Minimum lot width shall be two hundred (200) feet.

(b) Minimum depth of the front yard shall be sixty (60) feet.

(d) Minimum side yard width shall be fifty (50) feet.

(e) Maximum building height shall be three (3) stories.

(3) Location. No elevation of any building built on a lot in the R-F District shall extend above five thousand two hundred fifty (5,250) feet above mean sea level.

(E) Development Standards.

(1) Street Connectivity and Design. The following standards shall apply to all development in the Foothills Residential District:

(a) To the maximum extent feasible, streets shall be designed to minimize the amount of site disturbance caused by roadway and associated grading required for their construction.

(b) Development in this District shall be exempt from the standards contained in Section 3.6.3, Street Pattern and Connectivity Standards.

(2) Site Design for Residential Cluster Development. Property in the Foothills Residential District may be developed in clusters, subject to approval by the Planning and Zoning Board. In a cluster development, lot sizes may be reduced in order to cluster the dwellings together on a portion of the property, with the remainder of the property permanently preserved as public or private open space. The following standards shall apply to cluster developments in this District:

(a) Only the uses specifically permitted in subsection (B) above shall be allowed.

(b) Minimum lot sizes may be waived by the Planning and Zoning Board, provided that the overall density of the cluster development is not greater than one (1) unit per gross acre.

(c) A cluster development shall set aside at least fifty (50) percent of the total land area of the proposed development as private or public open space that is permanently preserved as open space through dedication of ownership, if acceptable to the city, or placement of an appropriate easement granted to the city or other nonprofit organization acceptable to the city, with such restrictive provisions and future interests as may be necessary to ensure the continuation of the open space use intended. As a condition of approval, the city may also require the property owners to maintain the dedicated open space to city standards through a maintenance agreement.

(d) Building envelopes shall be identified on the cluster development, and the minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard, minimum side yard and maximum building height shall conform to the requirements established in the R-L Residential Low Density District.

(e) The design of the cluster development shall be appropriate for the site, as demonstrated by meeting the following criteria:

2. provision of additional amenities such as parks, trails, common areas or access to public recreational areas and open space.

3. minimizing the visual intrusion by dwellings and other structures and blocking of vistas to the foothills and prominent mountain vistas by avoiding building in the center of a meadow or open area.

4. protection of adjacent residential development through landscaping, screening, fencing, buffering or similar measures.

5. the layout of lots on the cluster development is designed to conform to terrain and is located so that grading and filling are kept to a minimum. Natural features such as drainage swales, rock outcroppings and slopes shall be preserved.

6. taking into account the unique micro-climate of the foothills so that building envelopes are selected and individual structures are built for protection from high winds and to function with maximum conservation of energy.

7. if farm animals are intended to be allowed within the area, indicating those portions of the area to be developed that will be reserved for the keeping of farm animals and the mitigation efforts used to buffer these areas from surrounding uses.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 99, 1999 §17, 6/15/99; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 104, 2006 §14, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §§16, 17, 12/19/06; Ord. No. 081, 2007 §9, 7/17/07)

DIVISION 4.4 LOW DENSITY RESIDENTIAL DISTRICT (R-L)

(A) Purpose. The R-L Low Density Residential District designation is intended for predominately single-family residential areas located throughout the city which were existing at the time of adoption of this Land Use Code.

(B) Permitted Uses.

(1) The following uses are permitted in the R-L District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Shelters for victims of domestic violence.

(b) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

(c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(e) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(2) The following uses are permitted in the R-L District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings.

(b) Institutional/Civic/Public Uses:

1. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

2. Public facilities.

3. Places of worship or assembly.

(3) The following uses are permitted in the R-L District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Group homes.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Community facilities.

3. Wildlife rescue and education centers.

1. Child care centers, provided that no child care center shall be permitted to be located in this zone district on property which is within one thousand five hundred (1,500) feet of any existing child care center within the city. For the purpose of this provision, the distance between an existing child care center and the property on which a child care center is proposed to be built shall be measured in a straight line from the closest point on the boundary line of the property on which the existing child care center is located to the closest point on the boundary of the property on which the proposed child care center is to be located.

2. Adult day/respite care centers.

(d) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(D) Land Use Standards.

(1) Density. All development in the Low Density Residential District shall have a minimum lot area the equivalent of three (3) times the total floor area of the building but not less than six thousand (6,000) square feet.

(2) Dimensional Standards.

(a) Minimum lot width shall be sixty (60) feet for a single-family dwelling or child-care center and one hundred (100) feet for all other uses.

(b) Minimum setback of the front yard shall be twenty (20) feet.

(c) Minimum setback of the rear yard shall be fifteen (15) feet, except that the minimum setback of alley-accessed garages shall be six (6) feet.

(d) For residential uses, the minimum side yard width shall be fifteen (15) feet on the street side of any corner lot and five (5) feet for all interior side yards. For all other uses, the minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height, provided that for school or church uses no side yard shall be less than twenty-five (25) feet wide.

(e) Maximum building height shall be twenty-eight (28) feet for a single-family dwelling, accessory building, group home or child care center and three (3) stories for all other uses.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 091, 2004 §26, 6/15/04; Ord. No. 104, 2006 §15, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §18, 12/19/06)/p>

DIVISION 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N)

(A) Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood.

Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features.

(B) Permitted Uses.

(1) The following uses are permitted in the L-M-N District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with four (4) or fewer

2. Shelters for victims of domestic violence.

(2) The following uses are permitted in the L-M-N District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings.

2. Two-family dwellings.

3. Single-family attached dwellings.

4. Multi-family dwellings (limited to eight [8] or less units per building).

5. Group homes for up to eight (8) developmentally disabled or elderly persons.

6. Mixed-use dwellings.

7. Extra occupancy rental houses with more than four (4) tenants.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly with a building footprint which does not exceed a total of twenty-five thousand (25,000) square feet.

2. Public and private schools for college, university, vocational and technical education, provided they are located within five hundred (500) feet of East Vine Drive or railroad property abutting and parallel to East Vine Drive.

3. Public facilities.

4. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

5. Cemeteries.

6. Community facilities.

7. Neighborhood support/recreational facilities.

1. Bed and breakfast establishments with six (6) or fewer beds.

2. Child care centers.

3. Neighborhood centers consisting of at least two (2) of the following uses: mixed-use dwelling units; retail stores with less than five thousand (5,000) square feet of building footprint area; convenience retail stores; personal and business service shops; small animal veterinary facilities; offices, financial services and clinics containing less than five thousand (5,000) square feet of building footprint area; community facilities; neighborhood support/recreation facilities; schools; child care centers; and places of worship or assembly.

4. Adult day/respite care centers.

(3) The following uses are permitted in the L-M-N District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Mobile home parks.

2. Group homes, other than allowed in subparagraph (2)(a)5 above.

3. Multi-family dwellings containing more than eight (8) units per building.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education, and for vocational and technical training.

2. Golf courses.

3. Long-term care facilities.

4. Places or worship or assembly with a building footprint which exceeds a total of twenty-five thousand (25,000) square feet.

5. Wildlife rescue and education centers, provided that they are located within one thousand (1,000) feet of East Vine Drive.

1. Neighborhood centers consisting of one (1) or more of the following uses: standard and fast food restaurants (without drive-in or drive-through facilities); artisan and photography studios and galleries; or convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any other such use and from any gasoline station; provided that such use or uses are combined with at least one (1) other use listed in Section (B)(2)(c)3 above.

2. Enclosed mini-storage facilities, provided that they are located on property adjoining the railroad property abutting and parallel to East Vine Drive, and are located within five hundred (500) feet of such railroad property.

3. Limited indoor recreation establishments, provided that they are located within five hundred (500) feet of East Vine Drive or of the railroad property abutting and parallel to East Vine Drive.

4. Offices, financial services, clinics and artisan and photography studios and galleries which are not part of a neighborhood center.

(d) Industrial Uses (provided they are located within five hundred [500] feet of East Vine Drive):

1. Workshops and custom small industry.

2. Light industrial (production, assembly, packaging).

(e) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(D) Land Use Standards.

(1) Density.

(a) Residential developments in the Low Density Mixed-Use Neighborhood District shall have an overall minimum average density of five (5) dwelling units per net acre of residential land, except that residential developments (whether overall development plans or project development plans) containing twenty (20) acres or less and located in the area defined as "infill area" need not comply with the requirement of this subparagraph (a).

(b) The maximum density of any development plan taken as a whole shall be eight (8) dwelling units per gross acre of residential land, except that affordable housing projects (whether approved pursuant to overall development plans or project development plans) containing ten (10) acres or less may attain a maximum density, taken as a whole, of twelve (12) dwellings units per gross acre of residential land.

(c) The maximum density of any phase in a multiple-phase development plan shall be twelve (12) dwelling units per gross acre of residential land, and the maximum density of any portion of a phase containing a grouping of two (2) or more multi-family structures shall be twelve (12) dwelling units per gross acre of residential land.

(2) Mix of Housing. A mix of permitted housing types shall be included in any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. In order to promote such variety, the following minimum standards shall be met:

(a) A minimum of two (2) housing types shall be required on any project development plan containing thirty (30) acres or more, including such plans that are part of a phased overall development; and a minimum of three (3) housing types shall be required on any such project development plan containing forty-five (45) acres or more.

(b) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on corners. Smaller lots abutting common open spaces are encouraged.

1. Standard lot single-family detached dwellings (lots containing six thousand [6,000] square feet or more).

2. Small lot single-family detached dwellings (lots containing less than six thousand [6,000] square feet).

3. Two-family dwellings.

4. Single-family attached dwellings.

5. Mixed-use dwelling units.

6. Multi-family dwellings (limited to eight [8] dwelling units per building);

7. Mobile home parks.

(d) A single housing type shall not constitute more than ninety (90) percent of the total number of dwelling units. If single-family detached dwellings are the only housing types included in the mix, then the difference between the average lot size for each type of single-family detached dwelling shall be at least two thousand (2,000) square feet.

(3) Neighborhood Centers.

(a) Access to Neighborhood Center. At least ninety (90) percent of the dwellings in all development projects greater than forty (40) acres shall be located within three thousand nine hundred sixty (3,960) feet (three-quarter [¾] mile) of either a neighborhood center contained within the project, or an existing neighborhood center located in an adjacent development, or an existing or planned Neighborhood Commercial District commercial project, which distance shall be measured along street frontage, and without crossing an arterial street. Neighborhood centers shall meet the requirements contained in subparagraphs (b) through (e) below.

(b) Location. A neighborhood center shall be planned as an integral part of surrounding residential development and located where the network of local streets provides direct access to the center. Neighborhood centers that are located on arterial streets and that include retail uses or restaurants shall be spaced at least three thousand nine hundred sixty (3,960) feet (three-quarters [¾] mile) apart.

(c) Land Use Requirements. A neighborhood center shall include two (2) or more of the following uses: mixed-use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; offices, financial services and clinics; personal or business service shops; standard or fast food restaurants (without drive-in or drive-through facilities); small animal veterinary clinics; and artisan or photography studios or galleries. No drive-in facilities shall be permitted. A neighborhood center shall be a maximum of five (5) acres in size, excluding such portion of the neighborhood center which is composed of a school, park, place of worship and assembly and/or outdoor space as defined in subparagraph (e) of this Section.

(d) Design and Access. The design of neighborhood centers shall be integrated with surrounding residential areas by matching the scale of nearby residential buildings; providing direct access from surrounding residential areas; creating usable outdoor spaces; orienting building entrances to connecting walkways; and, to the extent reasonably feasible, maintaining/continuing the architectural themes or character of nearby neighborhoods.

(e) Outdoor Spaces. A publicly accessible outdoor space such as a park, plaza, pavilion or courtyard shall be included within or adjacent to every neighborhood center to provide a focal point for such activities as outdoor gatherings, neighborhood events, picnicking, sitting and passive and active recreation.

(4) Blocks of Nonresidential Uses Along East Vine Drive. In order to establish a buffer and transition from rail switching and industrial uses to the south, certain uses are permitted along East Vine Drive, subject to the criteria below. Any development project that proposes uses which are only permitted in the Zone District along East Vine Drive shall comply with the following criteria:

(a) Any such development shall consist of multiple buildings cohesively planned and designed.

(b) Any such development project must occupy at least one (1) entire block face, with East Vine Drive forming one (1) side of the development project.

(c) A single tier of buildings facing only one (1) side of an internal street shall be permitted to a maximum depth of three hundred (300) feet.

(d) A double tier(s) of buildings facing both sides of an internal street, with the land use boundary change occurring along a mid-block line, shall be permitted to a depth of five hundred (500) feet.

(e) To the extent reasonably feasible, loading docks, service bays and garage doors shall not face East Vine Drive. The intent is for such facilities to face side yards or other internal site areas and not public streets. If it is not reasonably feasible to accommodate the function of the intended use without such facilities facing East Vine Drive, then such facilities shall be completely incorporated into the architectural design of the building according to the provisions of this Land Use Code.

(f) Any enclosed mini-storage facility shall include a caretaker's dwelling facing a local or collector street, and any storage unit building frontage along the street shall consist only of rear walls of storage unit buildings and landscaping. Fencing along streets shall be wrought iron, or its visual equivalent, and any fencing along streets that exceeds four (4) feet in height shall be placed in segments between buildings, and not as a continuous perimeter fence.

(5) Facing Uses. To the extent reasonably feasible, land use boundaries in neighborhoods shall occur at mid-block locations rather than at streets, so that similar buildings face each other.

(6) Small Neighborhood Parks. Either a neighborhood park or a privately owned park, that is at least one (1) acre in size, shall be located within a maximum of one-third (1/3) mile of at least ninety (90) percent of the dwellings in any development project of ten (10) acres or larger as measured along street frontage. Such parks shall meet the following criteria:

(a) Location. Such parks shall be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park.

(b) Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians and open to the public.

(c) Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to enjoy.

(d) Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners association.

(e) Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park.

(E) Development Standards.

(1) Streets and Blocks.

(a) Street System Block Size. The local street system provided by the development shall provide an interconnected network of streets in a manner that results in blocks of developed land bounded by connecting streets no greater than twelve (12) acres in size.

(b) Mid-Block Pedestrian Connections. If any block face is over seven hundred (700) feet long, then walkways connecting to other streets shall be provided at approximately mid-block or at intervals of at least every six hundred fifty (650) feet, whichever is less.

(2) Nonresidential and Mixed-Use Buildings.

(a) All nonresidential buildings permitted under this Section, including industrial buildings, shall meet the standards for Mixed-Use and Commercial Buildings in Section 3.5.3.

(b) Maximum Size. No building footprint shall exceed a total of twenty thousand (20,000) square feet, with the exception of schools and places of worship and assembly.

(c) Height. In order to encourage roof forms, dormers, windows, balconies and similar features associated with occupied space, to the extent reasonably feasible, buildings or parts of buildings shall be at least one and one-half (1.5) stories in height (with functional and occupied space under the roof). The maximum height shall be two and one-half (2.5) stories.

(d) Roof Form. Buildings shall have either: 1) sloped roofs; 2) combined flat and sloped roofs, provided that the sloped portion(s) forms a substantial part of the building and is related to the integral structure, entries and activity areas; or 3) flat roofs with building massing stepped or terraced back to form usable roof terrace area(s). The minimum pitch of any sloped roof shall be 6:12. Buildings containing more than four thousand (4,000) square feet of gross floor area shall have at least three (3) roof planes that are directly related to building facade articulations.

(e) Building Massing. No building permitted by this Section shall have a single undifferentiated mass with a footprint over ten thousand (10,000) square feet. No building footprint shall exceed a total of twenty thousand (20,000) square feet.

1. For any building with a footprint in excess of ten thousand (10,000) square feet, walls that are greater than seventy-five (75) feet in length shall incorporate recesses or projections created by wall plane returns of at least thirty (30) feet; any such building shall be differentiated into multiple sections of mass in order to achieve proportions that are compatible in scale with adjacent residential neighborhoods.

2. Minimum front yard setback of all buildings shall be fifteen (15) feet in order to provide a landscaped front yard consistent with the residential character of the L-M-N zone district.

(f) Orientation. Building entrances shall face and open directly onto the adjoining local street with parking and any service functions located in side or rear yards and incorporated into the development according to the provisions of this Land Use Code.

(g) Outdoor Storage. Outdoor storage shall be prohibited.

(h) Hours of Operation. The decision maker may limit hours of operation, hours when trucking and deliveries may occur, and other characteristics of the nonresidential uses in order to enhance the compatibility with residential uses.

(i) Drive-in Uses. Drive-in uses shall be prohibited.

(3) Maximum Residential Building Height. The maximum height of single- and two-family dwellings shall be two and one-half (2.5) stories.

(4) Design Standards for Multi-Family Dwellings Containing More Than Eight (8) Dwelling Units. Each multi-family dwelling containing more than eight (8) dwelling units shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single-family detached dwelling units, so that such larger buildings can be aesthetically integrated into the low density neighborhood. The following specific standards shall also apply to such multi-family dwellings:

(a) Maximum Number. The maximum number of dwelling units shall be twelve (12).

(b) Orientation and Setbacks. Setbacks from the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet.

(c) Variation Among Repeated Buildings. For any development containing at least five (5) and not more than seven (7) dwelling units, there shall be at least two (2) distinctly different building designs. For any such development containing more than seven (7) dwelling units, there shall be at least three (3) distinctly different building designs. For all developments, there shall be no more than two (2) similar buildings placed next to each other along a street or major walkway spine. Distinctly different building designs shall provide significant variation in footprint size and shape, architectural elevations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard, such variation shall not consist solely of different combinations of the same building features.

(d) Building Height. Each multi-family building shall feature a palette of muted colors, earth tone colors, natural colors found in surrounding landscape or colors consistent with the adjacent neighborhood. For a multiple structure development containing at least forty (40) and not more than fifty-six (56) dwelling units, there shall be at least two (2) distinct color schemes used on structures throughout the development. For any such development containing more than fifty-six (56) dwelling units, there shall be at least three (3) distinct color schemes used on structures throughout the development. For all developments, there shall be no more than two (2) similarly colored structures placed next to each other along a street or major walkway spine.

(e) Entrances. The maximum height of a multi-family building shall be three (3) stories. Buildings with a setback of less than fifty (50) feet facing a street or single- or two-family dwellings shall minimize the impact on the adjacent single- or two-family dwelling property by reducing the number of stories and terracing the roof lines over the occupied space.

(f) Roofs. Roof lines can be either sloped, flat or curved, but must include at least two (2) of the following elements:

1. The primary roof line shall be articulated through a variation or terracing in height, detailing and/or change in massing.

2. Secondary roofs shall transition over entrances, porches, garages, dormers, towers or other architectural projections.

3. Offsets in roof planes shall be a minimum of two (2) feet in the vertical plane.

4. Termination at the top of flat roof parapets shall be articulated by design details and/or changes in materials and color.

5. Rooftop equipment shall be hidden from view by incorporating equipment screens of compatible design and materials.

(g) Facades and Walls. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features, dividing large facades and walls into human-scaled proportions similar to the adjacent single- or two-family dwellings, and shall not have repetitive, monotonous undifferentiated wall planes. Building facades shall be articulated with horizontal and/or vertical elements that break up blank walls of forty (40) feet or longer. Facade articulation can be accomplished by offsetting the floor plan, recessing or projection of design elements, change in materials and/or change in contrasting colors. Projections shall fall within setback requirements.

(h) Colors and Materials. Colors of nonmasonry materials shall be varied from structure to structure to differentiate between buildings and provide variety and individuality. Colors and materials shall be integrated to visually reduce the scale of the buildings by contrasting trim, by contrasting shades or by distinguishing one (1) section or architectural element from another. Bright colors, if used, shall be reserved for accent and trim.

(i) Maximum Floor Area. The maximum gross floor area (excluding garages) shall be fourteen thousand (14,000) square feet.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §37, 12/15/98; Ord. No. 41, 1999 §§5, 6, 3/16/99; Ord. No. 99, 1999 §18, 6/15/99; Ord. No. 165, 1999 §§33—35, 11/16/99; Ord. No. 59, 2000 §§28—31, 6/6/00; Ord. No. 183, 2000 §§19—27, 12/19/00; Ord. No. 107, 2001 §§35—40, 6/19/01; Ord. No. 204, 2001 §§1, 26, 12/18/01; Ord. No. 087, 2002 §§24—27, 6/4/02; Ord. No. 177, 2002 §19, 12/17/02; Ord. No. 090, 2003 §11, 6/17/03; Ord. No. 091, 2004 §§27—30, 6/15/04; Ord. No. 198, 2004 §18, 12/21/04; Ord. No. 123, 2005 §§11—13, 11/15/05; Ord. No. 104, 2006 §§16—20, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §19, 12/19/06; Ord. No. 081, 2007 §§10—12, 7/17/07)

DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (M-M-N)

(A) Purpose. The Medium Density Mixed-Use Neighborhood District is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate-intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an inviting and convenient living environment.

This District is intended to function together with surrounding low density neighborhoods (typically the L-M-N zone district) and a central commercial core (typically an N-C or C-C zone district). The intent is for the component zone districts to form an integral, town-like pattern of development, and not merely a series of individual development projects in separate zone districts.

(B) Permitted Uses.

(1) The following uses are permitted in the M-M-N District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Accessory/Miscellaneous Uses:

1. Accessory buildings.

2. Accessory uses.

(d) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(e) Residential Uses:

1. Extra occupancy rental houses with five (5) or fewer tenants.

2. Shelters for victims of domestic violence.

(2) The following uses are permitted in the M-M-N District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings on lots containing no more than six thousand (6,000) square feet.

2. Two-family dwellings.

3. Single-family attached dwellings.

4. Multi-family dwellings.

5. Mixed-use dwellings.

6. Group homes for up to eight (8) developmentally disabled or elderly persons.

7. Extra occupancy rental houses with more then five (5) tenants.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public and private schools, including colleges, universities, vocational and technical training.

3. Community facilities.

4. Public facilities.

5. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

1. Bed and breakfast establishments with no more than six (6) beds.

2. Convenience retail stores without fuel sales.

3. Artisan and photography studios and galleries.

4. Child care centers.

5. Adult day/respite care centers.

(3) The following uses are permitted in the M-M-N District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Group homes, other than allowed in subparagraph (2)(a) above.

2. Fraternity and sorority houses.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Long-term care facilities.

1. Personal and business service shops.

2. Offices, financial services, clinics and small animal veterinary clinics.

3. Restaurant, limited mixed-use.

(d) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(D) Land Use Standards.

(1) Density. Residential developments in the Medium Density Mixed-Use Neighborhood District shall have an overall minimum average density of twelve (12) dwelling units per net acre of residential land except that residential developments (whether approved pursuant to overall development plans or project development plans) containing twenty (20) acres or less and located in the Infill Area shall have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The requirements of this paragraph shall not apply to mixed-use dwellings in multistory mixed-use buildings.

(a) The minimum residential density of any phase in a multiple-phase development plan shall be seven (7) dwelling units per net acre of residential land.

(2) Mix of Housing Types. A complete range of the permitted housing types is encouraged in a neighborhood and within any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. The following minimum standards are intended to promote such variety:

(a) A minimum of two (2) housing types shall be required on any development parcel sixteen (16) acres or larger, including parcels part of a phased development. A minimum of three (3) housing types shall be required on any development parcels thirty (30) acres or larger.

1. Small lot single-family detached dwellings on lots containing less than six thousand (6,000) square feet.

2. Two-family dwellings.

3. Single-family attached dwellings.

4. Mixed-use dwelling units.

5. Group homes.

6. Multifamily dwellings.

(d) Lot pattern. The lot size and layout pattern for Medium Density Mixed-Use Neighborhoods shall be designed to allow buildings to face toward the street.

(3) Access to a park, central feature or gathering place. At least ninety (90) percent of the dwellings in all development projects shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses:

(a) Public parks, recreation areas or other open lands.

(b) Privately owned parks, meeting the following criteria:

1. Size. In development projects greater than two (2) acres in gross area, such private parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or less, such private parks must be a minimum of six (6) percent of the gross site area.

2. Location. Such parks shall be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two (2) sides or more than fifty (50) percent of the perimeter frontage of the park.

3. Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians, and open to the public.

4. Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches or other features for various age groups to utilize.

5. Ownership and Maintenance. Such parks may, in the discretion of the city, be acquired by the city (through dedication or purchase), or be privately owned and maintained by the developer or property owners' association.

6. Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park.

(c) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagraph (b) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size.

(4) Secondary Uses. All residential uses, parks and recreational facilities and community facilities are considered the primary uses of this zone district. All other permitted uses are considered secondary uses in this zone district and, for projects containing ten (10) or more acres, together shall occupy no more than fifteen (15) percent of the total gross area of any development plan. If the project contains less than ten (10) acres, the development plan must demonstrate how it contributes to the overall mix of land uses within the surrounding area, but shall not be required to provide a mix of land uses within the development.

(E) Development Standards.

(1) Block Requirements. All development shall comply with the applicable standards set forth below, unless the decision maker determines that compliance with a specific element of the standard is infeasible due to unusual topographic features, existing development, safety factors or a natural area or feature:

(a) Block structure. Each Medium Density Mixed-Use Neighborhood and each development within this District shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures 17A through 17F). Natural areas, irrigation ditches, high-voltage power lines, operating railroad tracks and other similar substantial physical features may form up to two (2) sides of a block.

(b) Block size. All blocks shall be limited to a maximum size of seven (7) acres.

(c) Minimum building frontage. Forty (40) percent of each block side or fifty (50) percent of the block faces of the total block shall consist of either building frontage, plazas or other functional open space.

(d) Building height. Buildings shall be limited to a maximum of three (3) stories.

(2) Buildings.

(a) The portion of a building located within a radius of seventy-five (75) feet of the right-of-way of an intersection of two (2) arterial streets may contain an additional fourth story.

(b) The portion of a building within a radius of fifty (50) feet of the right-of-way of any street intersection (except an arterial/arterial intersection) may contain an additional fourth story.

Figure 17A

Example of Shopping Center on One Block

Figure 17A - Example of Shopping Center on One Block

Figure 17B

Example of Park/Civic Block

Figure 17B - Example of Park/Civic Block

Figure 17C

Example of Garden Apartment Block

Figure 17C - Example of Garden Apartment Block

Figure 17D

Example of Townhouses and Small Lot Houses

Figure 17D - Example of Townhouses and Small Lot Houses

Figure 17E

Example of Bungalow Block

Figure 17E - Example of Bungalow Block

Figure 17F

Example of Office Block

Figure 17F - Example of Office Block

(Ord. No. 15, 1998 §1, 2/17/98; Ord. No. 90, 1998, 5/19/98; Ord. No. 41, 1999 §§7, 8, 3/16/99; Ord. No. 99, 1999 §19, 6/15/99; Ord. No. 183, 2000 §§14, 28, 12/19/00; Ord. No. 107, 2001 §41, 6/19/01; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 090, 2003 §§11—14, 6/17/03; Ord. No. 091, 2004 §§31, 32, 6/15/04; Ord. No. 123, 2005 §§14, 15, 11/15/05; Ord. No. 161, 2005 §10, 12/20/05; Ord. No. 104, 2006 §§21, 22, 7/18/06; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §20, 12/19/06; Ord. No. 081, 2007 §13, 7/17/07)

DIVISION 4.7 NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT (N-C-L)

(A) Purpose. The Neighborhood Conservation, Low Density District is intended to preserve the character of areas that have a predominance of developed single-family dwellings and have been given this designation in accordance with an adopted subarea plan.

(B) Permitted Uses.

(1) The following uses are permitted in the N-C-L District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Residential Uses:

1. Single-family detached dwellings, but not to include

2. Shelters for victims of domestic violence.

(b) Accessory/Miscellaneous Uses:

1. Accessory buildings, provided that they contain no habitable space.

2. Accessory uses.

(e) Institutional/Civic/Public Uses:

1. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

(2) The following uses shall be permitted in the N-C-L District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings when there is more than one (1) dwelling on the lot or when the lot has only alley frontage.

(b) Institutional/Civic/Public Uses:

1. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

1. Accessory buildings containing habitable space.

(3) The following uses are permitted within the N-C-L District, subject to review by the Planning and Zoning Board:

(a) Residential Uses:

1. Group homes.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

2. Places of worship or assembly.

3. Community facilities.

4. Public facilities.

1. Wireless telecommunication equipment.

(D) Land Use Standards.

(1) Density. Minimum lot area shall be equivalent to at least two and one-half (2½) times the total floor area of the building(s), but not less than six thousand (6,000) square feet. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density).

(2) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of eight hundred (800) square feet of floor area unless such new single-family dwelling contains a two-car garage, in which case it shall contain a maximum of one thousand (1,000) square feet of floor area, including the garage. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet.

(3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures.

(4) Accessory Buildings Without Habitable Space. Any accessory building without water and/or sewer service, which has not been declared to contain habitable space by the applicant, shall not exceed a total floor area of six hundred (600) square feet. Floor area shall include all floor space (including basement space) within the building having a ceiling height of at least seven and one-half (7½) feet.

(5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of twenty-five hundredths (0.25) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district.

(E) Dimensional Standards.

(1) Minimum lot width shall be forty (40) feet.

(2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet.

(3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions.

(4) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides).

(5) Maximum building height shall be two (2) stories, except in the case of carriage houses, and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1½) stories.

(F) Development Standards.

(1) Building Design.

(a) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape.

(b) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico.

(c) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot.

(d) A second floor shall not overhang the lower front or side exterior walls of a new or existing building.

(e) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories, except in the case of carriage houses and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1½) stories.

(f) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street.

(g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second-story deck.

(2) Bulk and Massing.

(a) Building Height.

1. Maximum building height shall be two (2) stories, except in the case of carriage houses and accessory buildings containing habitable space, which shall be a maximum of one and one-half (1½) stories.

2. The height of a detached dwelling unit at the rear of the lot or an accessory building containing habitable space shall not exceed twenty-four (24) feet.

3. The height of an accessory building containing no habitable space shall not exceed twenty (20) feet.

(b) Eave Height.

1. The exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space.

2. The exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from grade for an accessory building containing no habitable space.

3. If a second story has an exterior wall that is set back from the lower story's exterior wall, the eave height shall be the point of an imaginary line at which the upper story's roofline (if extended horizontally) would intersect with the lower story's exterior wall (if extended vertically).

Illustration of Carriage House Roofline and Eave Heights

Illustration of Carriage House Roofline and Eave Heights

(3) Carriage Houses and Habitable Accessory Buildings.

(a) Carriage Houses.

1. Water and sewer lines may be extended from the principal building on the lot to the carriage house.

2. A minimum of one (1) off-street parking space must be provided for every bedroom contained within a carriage house.

(b) Accessory Buildings With Habitable Space. An accessory building with water and/or sewer service shall be considered as containing habitable space. Habitable space does not necessarily mean a dwelling unit, but is space that is intended to eventually serve as indoor, habitable space for human occupancy. Accessory building applications must include the applicant's declaration as to whether or not the space is intended to be habitable. If water and/or sewer services are provided to the building, it shall be considered as containing habitable space. If an applicant declares that a space is not intended to become habitable, no water and/or sewer connections will be allowed to the building, and less restrictive bulk and massing requirements are allowed as provided below.

(c) Additional Review Criteria for Carriage Houses and Accessory Buildings With Habitable Space. The following additional standards are intended to ensure that the design and operating characteristics of the carriage house, or other accessory building with habitable space, is compatible with the character of the surrounding neighborhood and shall apply to the review of all applications for approval of a carriage house or accessory building containing habitable space:

1. The site plan shall provide a separate yard area containing at least one hundred twenty (120) square feet to serve both the carriage house and the existing principal dwelling. Such yard area shall be at least ten (10) feet in its smallest dimension, and must provide privacy and screening for abutting properties.

2. To the extent reasonably feasible, decks, entry doors, major entry access stairs and major windows shall face the existing principal building or the alley (if the lots front the alley). To the extent reasonably feasible, windows that overlook an abutting side or rear yard shall be minimized.

3. Buildings, structures, open spaces and other features of the site plan shall be oriented and located such that they maintain natural resources, including existing significant trees and shrubs, to the extent reasonably feasible.

(4) Landscape/Hardscape Material. A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.

(5) Access. Whenever a lot has frontage along an alley, any new off-street parking area located on such lot must obtain access from such adjoining alley; provided, however, that such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curbcut along a public street, or when alley access is determined by the City Engineer to be a hazard to persons or vehicles.

(6) Site Design. Permanent open off-street parking areas for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways.

(7) Subdividing of Existing Lots. No existing lot may be further subdivided in such manner as to create a new lot in the rear portion of the existing lot.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 165, 1999 §36, 11/16/99; Ord. No. 204, 2001 §§1, 27—29, 12/18/01; Ord. No. 173, 2003 §22, 12/16/03; Ord. No. 063, 2004 §2, 4/20/04; Ord. No. 198, 2004 §§19, 20, 12/21/04; Ord. No. 131, 2006 §3, 9/19/06; Ord. No. 192, 2006 §§21, 22, 12/19/06; Ord. No. 081, 2007 §14, 7/17/07)

DIVISION 4.8 NEIGHBORHOOD CONSERVATION, MEDIUM DENSITY DISTRICT (N-C-M)

(A) Purpose. The Neighborhood Conservation, Medium Density District is intended to preserve the character of areas that have a predominance of developed single-family and low- to medium-density multi-family housing and have been given this designation in accordance with an adopted subarea plan.

(B) Permitted Uses.

(1) The following uses are permitted in the N-C-M District, subject to basic development review, provided that such uses are located on lots that are part of an approved site specific development plan:

(a) Residential Uses:

1. Single-family detached dwellings, but not to include carriage houses.

2. Two-family dwellings, provided that no structural additions or exterior alterations are made to the existing building or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991.

3. Shelters for victims of domestic violence.

(b) Institutional/Civic/Public Uses:

1. Places of worship or assembly.

2. Public facilities.

3. Neighborhood parks as defined by the Parks and Recreation Policy Plan.

1. Child care centers.

2. Adult day/respite care centers.

(d) Accessory/Miscellaneous Uses:

1. Accessory buildings, provided that they contain no habitable space.

2. Accessory uses.

(e) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with the Zoning Code in effect on March 27, 1997, or in compliance with this Land Use Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan.

(f) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; provided, however, that such existing use shall constitute a permitted use only on such parcel of property.

(2) The following uses are permitted in the N-C-M District, subject to administrative review:

(a) Residential Uses:

1. Single-family detached dwellings, when there is more than one (1) principal building on the lot or when the lot has only alley frontage.

2. Two-family dwellings, provided that no structural additional or exterior alterations are made to the existing building or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991, and provided that such two-family dwelling is located within a street-fronting principal building.

3. Multi-family dwellings up to four (4) units per building, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991, and provided that such multi-family dwelling is located within a street-fronting principal building.

4. Group homes.

(b) Institutional/Civic/Public Uses:

1. Community facilities.

2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan.

1. Accessory buildings containing habitable space.

(3) The following uses are permitted in the N-C-M District, subject to Planning and Zoning Board review:

(a) Residential Uses:

1. Two-family and multi-family dwellings up to four (4) units per building when structural additions or exterior alterations are made to an existing building, or when the dwellings are constructed on a lot or a parcel which contained a structure on October 25, 1991, provided that such two-family or multi-family dwelling is located within a street-fronting principal building.

(b) Institutional/Civic/Public Uses:

1. Public and private schools for elementary, intermediate and high school education.

1. Bed and breakfast establishments with six (6) or fewer beds.

(d) Accessory/Miscellaneous Uses:

1. Wireless telecommunication equipment.

(D) Land Use Standards.

(1) Density/Intensity of Development. Minimum lot area shall be the equivalent of two (2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for purposes of calculating density).

(2) Residential. Any new single-family dwelling that is proposed to be located behind a street-fronting principal building shall contain a maximum of one thousand (1,000) square feet of floor area. Floor area shall include all floor space within the basement and first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with setback requirements of this District and there is at least a ten-foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet.

(3) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). Any accessory building with water and/or sewer service shall be considered to have habitable space. An applicant may also declare an intent for an accessory building to contain habitable space. Any such structure containing habitable space that is located behind a street-fronting principal building shall contain a maximum six hundred (600) square feet of floor area. Floor area shall include all floor space within the basement and ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet. Such accessory building may be located in any area of the rear portion of a lot, provided that it complies with the setback requirements of this District and there is at least a ten-foot separation between structures.

(5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of thirty-three hundredths (0.33) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. The lot area used as the basis for the FAR calculation shall be considered the minimum lot size within the zone district.

(E) Dimensional Standards.

(1) Minimum lot width shall be forty (40) feet for each single-family and two-family dwelling and fifty (50) feet for each other use. If more than one (1) principal building is proposed to be constructed side-by-side on the same lot, then each such principal building must have at least forty (40) feet of street frontage for single-family and two-family dwellings, and at least fifty (50) feet of street frontage for each other use.

(2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet.

(3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions.

(5) Maximum building height shall be two (2) stories, except for carriage houses and accessory buildings containing habitable space, which shall be limited to one and one-half (1½) stories.

(F) Development Standards.

(1) Building Design.

(a) All exterior walls of a building that are greater than six (6) feet in length shall be constructed para