ordinance

Ordinances-2017-393 - Zoning Code Amendment - OPD

Dated January 18, 2017 27 pages Ord. 2017-393, Ord. 393, Ord. 2016-393

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OPD .05 Standards for Modified Developments The following standards are to be used by the City when evaluating a planned development when modifications to the underlying zoning requirements or to City design standards are requested. When multiple principal use buildings will be located on a common lot, imaginary lot lines must be illustrated for the purpose of determining when modifications to the underlying dimensional standards are being requested. When applying the standards, the City will weigh the specific circumstances surrounding each application and strive for development solutions that best promote the spirit, intent, and purpose of this Section while permitting development of the property for reasonable, beneficial uses. Modifications that the City deems as contrary to public safety will not be approved. A. Modifications to Zoning Requirements. 1. Minimum setbacks may be reduced if the following conditions are met: i. The setbacks proposed will provide adequate light, air, and privacy between dwellings and public or common rights of way. ii. Sufficient setbacks are incorporated to provide the opportunity for adequate private open space for each dwelling unit. iii. The setbacks proposed will provide sufficient area for utilities, required landscaping, trees, and screening. iv. If the front setbacks are reduced, measures should be taken to preserve the privacy within the residential dwellings and to provide a transition between the public right of way and private property. To ensure privacy within single family and two-family dwellings for which setbacks are reduced, the first floor elevation must be elevated at least 30" above the grade of the adjacent sidewalk. Other methods to increase privacy are encouraged such as use of front porches or screening. v. Residential buildings that are located in close proximity to each other must be designed to preserve privacy. This can be achieved by placement of windows to prevent direct views into the windows of adjacent residential dwelling units. In addition, balconies and air conditioning units may not be located along a building wall that is within twenty feet (20') of a building wall of an adjacent principal building on the same lot if the wall of the adjacent building contains windows or door openings into dwelling

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