§ 45-2802. Modifications to yard regulations.

(a)

General modifications.

(1)

Every part of a required yard shall be open to the sky, unobstructed by a building, structure or use except for:

a.

Accessory buildings permitted in accordance with this ordinance;

b.

The ordinary projection, not to exceed three (3) feet, of sills, belt courses, chimneys, pilasters, cornices and ornamental features; provided, such projections are not closer than three (3) feet from any lot line where a yard is required in this ordinance; and

c.

Off-street parking spaces in a front, side or rear yard; provided, that no space within a clear-sight triangle composed of two (2) twenty-foot legs of the property lines abutting intersecting streets shall be occupied by off-street parking spaces.

(2)

Terraces, steps, decks, and uncovered porches may project into the required side or rear yard not more than five (5) feet; provided, they do not come closer than three (3) feet to the side property line nor closer than fifteen (15) feet to the rear property line.

(3)

Open fire escapes and mechanical equipment may project into a required side or rear yard; provided, that they be located not closer than three (3) feet to any side or rear property line.

(b)

Front yard modifications. The front yard regulations shall be adjusted in applicable cases as follows:

(1)

Where existing buildings occupy lots comprising fifty (50) percent of the block, the average setback of the existing buildings shall be taken in lieu of the front yard otherwise required. After a block is fifty (50) percent developed and the average setback of the existing buildings has been determined, such average shall not be reduced by the erection of new buildings and enclosed additions on the front of existing buildings in such block.

(2)

In cases of double frontage lots, front yards shall be provided along each street frontage.

(3)

Chimneys, unenclosed covered and uncovered stoops and porches, decks or other unenclosed projections may project no more than eight (8) feet into any front yard; provided, that no such projection may be nearer than fifteen (15) feet to the front property line.

(4)

On corner lots where both intersecting streets are designated either as major or secondary thoroughfares on the Transportation Plan, the setback for major thoroughfares shall apply to both the front and the side yards abutting such streets; provided, however, that the buildable width of a nonconforming lot of record shall not be required to be less than forty (40) feet.

(5)

Special setbacks shall be provided along all streets classified as major thoroughfares in conformity with section 45-2808 of this article.

(6)

Gasoline supply station pumps and pump islands, including accompanying unenclosed canopies, may be located within a front yard in the C3 or in any M district; provided they are located not less than fifteen (15) feet from the property line; and in no district shall these accessory uses be located less than fifty (50) feet from the boundary line of any residential district.

(c)

Lot or site width front, setback modifications. The required lot width shall be established at the recorded front yard setback line. The front yard setback line may be recorded at a distance no greater than ten (10) feet farther from the front lot line than the minimum front yard set back required by this ordinance.

(d)

Rear yard modifications. Where the rear line of a lot abuts an alley, up to one-half (½) of the width of such alley may be counted toward the required rear yard, but in no case shall the required rear yard be reduced to less than five (5) feet.

(e)

Transitional buffer area required between zoning districts of different intensity.

(1)

A special transitional buffer area shall be required in any zoning district when that zoning district abuts a lower intensity zoning district and shall be measured from the zoning district line to produce a transitional buffer area with the minimum width indicated by the following table 28-1.

TABLE 28-1 TRANSITIONAL BUFFER AREA REQUIRED BETWEEN ZONING DISTRICTS OF DIFFERENT INTENSITIES
Abutting (Higher Intensity) District	Abutted (Lower Intensity) District
	R1, R2, R3, R4	P1	R5, R6, R7, R8	R9, O1, O2, O3, C1, C2, C3, C4
R5, R6, R7, R8	20 feet	—	—	—
P1	20 feet	—	—	—
R9, O1, O2, O3, C1, C2, C3, C4	30 feet	20 feet	20 feet	—
M1, M2, C5	40 feet	30 feet	30 feet	20 feet

 

(2)

In accordance with section 45-3128(d) of this article, transitional buffer areas shall not be required within the neighborhood conservation district when multiple family zoning districts abut single-family zoning districts.

(3)

The term "transitional buffer area" as used in this section shall apply to the area in the higher intensity district between the principal use and the zoning district line. This transitional buffer area shall contain a minimum number of plant materials in order to meet the standards set forth in this section and to provide the required vegetative density. The required vegetative density for transitional buffer area(s) shall be defined as each four hundred (400) square feet of transitional buffer areas (created by a twenty-foot by twenty-foot grid, excluding approved improvements, easements, or accessways) which contains at least two (2) healthy trees of two-inch caliper measured six (6) inches above the ground for single-stemmed deciduous trees or for multi-stemmed or evergreen trees, no less than eight (8) feet in height, or a combination thereof; and two (2) large growing evergreen shrubs, with a minimum height of forty-eight (48) inches, capable of reaching ten (10) feet at maturity. It is the purpose and intent of this ordinance that in the transitional buffer area(s) the owner of said property shall retain existing mature vegetation and to supplement such vegetation where necessary to meet the vegetative density defined above. All transitional buffer area(s) shall be properly maintained to assure that they will function effectively and continuously.

The transitional buffer area shall contain no structure or improvements that promote or encourage the concentration of people, vehicles, or noise or otherwise produce conditions not compatible with the intensity of uses permitted in the abutted lower intensity district.

When supplementing the plant materials in the area(s) buffer to meet the required vegetative density, any re-vegetation shall require the planting of two (2) trees (one (1) shall be a large growing variety and one (1) shall be a small growing variety) per four hundred (400) square feet of transitional buffer area. If the two (2) trees will be newly installed, then one (1) shall be evergreen, and one (1) shall be deciduous. The minimum sizes for the installed trees shall be two-inch caliper, measured six (6) inches above the ground, for single stemmed, deciduous trees, and eight (8) feet in height for multi-stemmed or evergreen trees.

In addition to the trees, two (2) large growing evergreen shrubs, with a minimum forty-eight (48) inches installed height, shall be required every four hundred (400) square feet of transitional buffer area for transitional buffer areas non-adjacent to public streets. For transitional buffer areas adjacent to public streets, the installation of three (3) low growing shrubs, capable of maturing at three (3) feet in height shall be required for every four hundred (400) square feet of transitional buffer area. The low growing shrubs may be evergreen or deciduous, with a minimum installed height and/or spread of eighteen (18) inches. When visual barriers are required by Site Regulations Section 33.02-51(6)c. and the two (2) land areas coincide, then the visual barrier shrub requirement shall govern and serve to fulfill the transitional buffer area shrub requirement.

Hand grooming of dead, diseased, or injured vegetation, and removal of nuisance vines shall be permitted within transitional buffer area(s). No grading shall be permitted within transitional buffer area(s). Maintenance of grass, and removal of weeds, trash and debris as specified in sections 13-150 and 13-180 of the City Code shall be required. All plant materials, pre-existing or newly installed, within the transitional buffer area(s) shall be maintained in perpetuity in accordance with an approved site plan or development plan whichever is applicable. Appropriate plant replacements shall be provided in the event that fifty (50) percent or more of a plants' vegetation is diseased, damaged or dead and the affected vegetation creates a deficit or void in the required vegetative density.

Tree protection fencing for existing vegetation shall be erected prior to the issuance of a land disturbance permit and shall be maintained until all construction activities on the site have been completed. The limits of tree protection fencing shall be established no closer than five (5) feet outside the dripline of the existing vegetation and shall be a minimum height of forty (40) inches and sufficient to prevent intrusion into the protected area. The location, type and installation details for the tree protection fencing shall be clearly shown on the approved site plan or development plan whichever is applicable.

(4)

If the transitional buffer area does not abut a public street and contains existing vegetation (trees, shrubs, or ground covers) the transitional buffer area shall remain undisturbed, in its natural state, and supplemented, where necessary, to meet the required vegetative density. Within the transitional buffer area, all existing healthy trees, shrubs, and ground covers shall be preserved and protected. Hand grooming shall be limited to the removal of dead, diseased, or injured limbs. If the transitional buffer area does not meet the required vegetative density, then additional plant materials (except those trees prohibited in the Site Regulations, Section 33.02-51.(c)(2)e.) shall be planted in conformance with the standards of the most recent edition of the "American Standards for Nursery Stock" and the standards defined above.

(5)

If the transitional buffer area abuts a public street(s), then removal of existing shrubs or ground covers and/or trees less than six (6) inches in caliper shall be permitted with an approved landscape plan showing the required re-vegetation of one (1) large tree, one (1) small tree and three (3) low growing shrubs. Existing overstory trees may be "limbed-up" to a maximum height of ten (10) feet above the tree base and existing understory trees may be "limbed-up" to a maximum height of six (6) feet. The landscape plan shall provide the required vegetative density (consisting of either newly proposed and/or existing) and replacement plant materials as set forth above.

(6)

When the zoning line falls on a public street, railroad, or other public right-of-way, the buffer shall begin along the property line of the higher intensity district. Where the zoning line falls within a body of water, the buffer shall begin at the edge of mean low water of the higher intensity district. However, pedestrian and vehicular access such as sidewalks, driveways, entrances, landscaping, plantings, street furniture and the like shall be permitted in buffers along public streets, railroads, other public rights-of-way, and bodies of water.

(7)

For undeveloped sites that are greater than ninety thousand (90,000) square feet, when a required buffer coincides or shares land area with an easement, the transitional buffer area width or easement width shall be relocated so that they will not coincide or overlap. The relocation of either area shall begin at the adjacent interior shared edge of the transitional buffer area or easement. In determining the relocation of the area(s), consideration shall be given to existing trees/vegetation residing on the site. The transitional buffer area(s) shall be located to maximize the inclusion of naturally occurring trees/vegetation on the site. Where no vegetation exists within the transitional buffer area(s), plant materials shall be installed, maintained and replaced in accordance to [sub]section (2) above.

(8)

For redeveloped sites or sites that are equal to or less than ninety thousand (90,000) square feet, collocation of easements and transitional buffer areas shall be permitted up to fifty (50) percent of the greater of the two (2) widths. Should the easement width be greater than the transitional buffer area width, no more than fifty (50) percent of the transitional buffer area width shall coincide within the easement area. In determining the collocation of the areas, consideration shall be given to existing trees/vegetation residing on the site. The transitional buffer area(s) shall be located to maximize the inclusion of naturally occurring trees/vegetation on site. Where no vegetation exists within the transitional buffer area(s), plant materials shall be installed, maintained and replaced in accordance to [sub]section (2) above. The portion of the transitional buffer area that is collocated within an easement shall be exempt from re-vegetation, but that same portion shall remain a green area consisting of a viable turf grass and maintained according to sections 13-150 and 13-180 of the City Code.

(9)

Within a transitional buffer area, an easement shall be permitted to cross the transitional buffer area in such a way as to minimize the land area impacted by the crossing and shall be excluded from the re-vegetation requirement. All breaks shall cross transitional buffer areas at right angles.

(10)

The board of zoning appeals may grant a special exception for the use or reduction of the transitional buffer area subject to the conditions prescribed in Article XXXII, section 45-3204.

(f)

Special provisions for the waiver of yard requirements in commercial zoning districts. In order to allow the subdivision of commercial property on which commercial units are for sale, for sale in condominium or for lease and which are constructed as part of a multi-unit structure in which the units share common walls or as part of a multiple-structure commercial development, and provided the entire development has been planned and designed as a cohesive, coordinated unit under a single master plan, a waiver may be granted from any part of section 45-2003, section 45-2103 and section 45-2203 upon finding that:

(1)

The overall complex or structure, if considered as a single unit, meets all of the requirements of section 45-2003, section 45-2103 or section 45-2203 upon finding that;

(2)

Adequate parking is provided as per the requirements of this chapter and, where deemed necessary by the commission, adequate easements or other agreements are recorded to guarantee access and maintenance of the parking areas and other common areas.

(g)

Side yard modifications. For additions to buildings on developed corner lots existing on the date the zoning ordinance became effective, August 1, 1997, the required side yard along the street shall be established as a straight line drawn from the closest side corner(s) of the building and extended to the rear property line.

(Ord. No. 5028-97, § 1; Ord. No. 5096-98, § 1; Ord. No. 5723-02; Ord. No. 6572-09; Ord. No. 6728-10)

(Ord. No. 5028-97, § 1; Ord. No. 5096-98, § 1; Ord. No. 5723-02; Ord. No. 6572-09; Ord. No. 6728-10)