Section 50.04.001 DIMENSIONAL TABLE

50.04.001 DIMENSIONAL TABLE

The following dimensional regulations apply to the base zones as identified in each table. These dimensions may have exceptions or modifications as identified in LOC 50.04.003.1, Additional Dimensional Exceptions.

1. RESIDENTIAL LOW DENSITY ZONES

a. Dimensional Standards

Development in the R-7.5, R-10, and R-15 zones shall conform to the dimensional standards in Table 50.04.001-1 except as modified below.


TABLE 50.04.001-1: RESIDENTIAL LOW DENSITY ZONES DIMENSIONS
		R-7.5	R-10	R-15	Comments/Additional Standards
DENSITY					50.04.001.1.b
Minimum [1]		80% of max	80% of max	80% of max
Maximum (units/acre)		[2]	[2]	[2]
MIN. LOT DIMENSIONS [3]					50.04.001.1.c
Area (sq. ft.)		7,500	10,000	15,000	Except PD [3]
Width (ft.)		50	65	80
Depth (ft.)		—	—	—
MAX. FLOOR AREA					50.04.001.1.d
Base Calculation: 3,000 sq. ft. + [(actual lot size – 5,800 sq. ft.) x 0.19]		Additional floor area allowance per residential unit providing a garage (sq. ft.)
		600	750	850
YARD SETBACKS					50.04.001.1.e
Primary Structure
Front (ft.)		25	25	25
Side Adjacent to Street (ft.)
Arterial/Collector		20	20	20
Local		15	15	15
Interior Side (ft.)	Height ≤ 18 ft.	Total 15, 5 min.	10	10
Interior Side (ft.)	Height > 18 ft.	10	15	15
Rear (ft.)		30	30	30
Accessory Structure
Front (ft.)		25	25	25
Side Adjacent to Street (ft.)
Arterial/Collector		20	20	20
Local		15	15	15
Height ≤ 18 ft.	Side	5	10	10
Height ≤ 18 ft.	Rear	10	15	15
Height > 18 ft.	Side	10	15	15
Height > 18 ft.	Rear	15	15	15
MAX. LOT COVERAGE					50.04.001.1.f

MAX. BASE HEIGHT (FT.)
Primary Structure		[4]	[4]	[4]	50.04.001.1.g
Flat Lot		28	30	35
Lot with Sloping Topography		32 [5]	34 [5]	35
Sloped Lot		35	35	35
Accessory Structure		Lesser of 24 ft. or height of roof form of primary structure	Lesser of 24 ft. or height of roof form of primary structure	Lesser of 24 ft. or height of roof form of primary structure	50.04.001.1.g [6]
Additional Standards and Modifications		50.04.001.1.b – g
[1] For purposes of this section, the number of lots required shall be determined by dividing the net developable square footage by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0.8. The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5. The requirements of this section are subject to the exceptions contained in LOC 50.04.003.10, Exceptions to the Minimum Density Requirement for All Zones. [2] Net developable footage divided by the minimum lot area per unit and rounded down to the nearest whole number. The actual density allowed on a site will be determined at the time of development review. Maximum density will be allowed to the extent that facts presented to the hearing body show that development at that density can occur within requirements set forth in the Development Standards. [3] Up to a 25% reduction in minimum required lot area for each dwelling unit shall be allowed to permit the relocation of a designated historic landmark, when relocation has been approved by the designated hearing body. [4] Base building height of single-family dwellings may be increased by one ft. for every five additional ft. in yard setback on all sides. [5] Maximum base height across the site shall be established by a flat plane measured at 28 ft. (R-7.5 zone) or 30 ft. (R-10 zone) above the highest point of the natural grade within the building envelope, except that in no case shall the base height be greater than 32 ft. (R-7.5 zone) or 34 ft. (R-10 zone) above the natural grade. See Figure 50.04.001-A: Height Adjustment for Sloping Topography. [6] Building height exceptions shall not exceed the building height of the primary structure.

[Cross-References: Height Limitation: see Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas; Height Measure: see LOC 50.04.003.4, General Exception to Structure Height Limitations.]

Figure 50.04.001-A: Height Adjustment for Sloping Topography

b. Density – Additional Standards

There are no additional standards for density in this section.

c. Lot Dimensions – Additional Standards

There are no additional standards for lot dimensions in this section.

d. Floor Area – Additional Standards

i. Floor Area of Garages and Accessory Structures

(1) Garage and Accessory Structures Included in Calculation

For purposes of calculating maximum floor area for dwellings in the R-7.5, R-10, and R-15 zones, the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section.

(2) Exceptions

Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations:

(a) For lots less than or equal to 10,000 sq. ft. in area – up to 200 sq. ft.

(b) For lots greater than 10,000 sq. ft. in area – up to 400 sq. ft.

ii. Maximum Floor Area of Accessory Structures

An accessory structure ≤ 18 ft. in height shall not exceed a total 800 sq. ft. in size, or the square footage of the footprint of the primary structure, whichever is less. An accessory structure > 18 ft. in height shall not exceed a total 600 sq. ft. in size or the square footage of the footprint of the primary structure, whichever is less.

iii. Maximum Floor Area of Nonresidential Structures

Maximum floor area for uses other than residential structures and their accessory structures shall be as follows:

(1) Conditional uses: Established as part of the conditional use process.

(2) Other nonresidential uses: No greater than 1:1.

e. Yard Setback – Additional Standards

i. Zero Lot Line Units

Two lots that have zero lot line units are considered a unified site for the purposes of meeting all required setbacks.

ii. Planned Development

Setbacks for a planned development will be determined at the time of review. The maximum setback that can be required is 35 ft.

iii. Special Setbacks for Steeply Sloped Lots

On steeply sloped lots the minimum required front yard setback for detached dwellings shall be 18 ft.

iv. Corner Lots

Front lot lines on corner lots may face either street. The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots, the ability to meet setbacks without variances, and physical site or solar access limitations. Street access should be to local streets.

v. Measurement of Side Yard Setback

For purposes of this section, the width of the side yard setback shall be measured from that portion of the side property line that is nearest to any portion of the structure to that portion of the structure.

vi. Common Party Walls Prohibited – Accessory Structures

Except for boathouses within the Oswego Lake setback, accessory structures on abutting lots may not be built with common party walls.

f. Lot Coverage – Standards

i. Maximum Lot Coverage

Maximum lot coverage for the R-7.5, R-10, and R-15 districts shall be as follows:


TABLE 50.04.001-2: RESIDENTIAL LOW DENSITY LOT COVERAGES
Height (ft.) of primary structure	Maximum Lot Coverage (%)
Height (ft.) of primary structure	R-7.5	R-10	R-15
22 or less	35	35	35
>22 to 23	33	34	34
>23 to 24	30	32	33
>24 to 25	28	30	32
>25 to 26	25	28	30
>26 to 27	25	27	29
>27 to 28	25	25	28
>28 to 29	25	25	27
>29 to 30	25	25	25
>30 to 31	25	25	25
>31 to 32	25	25	25
>32 to 33	25	25	25
>33 to 34	25	25	25
>34	25	25	25

ii. Special Requirements for Schools

(1) Lot coverage shall not exceed 30% for a school built to accommodate at least 100 students and that has at least two grades within the range of K-12;

(2) Lot coverage shall not exceed 30% for a mixed use development that includes a school built to accommodate at least 100 students and that has at least two grades within the range of K-12;

iii. Garage Footprint Exemption

The garage footprint, including any area directly above or below the garage, shall be exempt from lot coverage as provided below:

(1) Up to a cumulative maximum of 200 sq. ft. shall be exempt for garages that are:

(a) Rear- or side-loading, or

(b) Located 20 ft. or more back from the closest point of the dwelling to the front lot line, or

(c) In the case of corner lots, 20 ft. or more back from the closest point of the dwelling to the front and street side lot lines.

(2) Up to a cumulative maximum of 400 sq. ft. shall be exempt for a detached garage that meets subsection 1.f.iii(1) of this section, and the lot is greater than 10,000 sq. ft. in area.

g. Height – Additional Standards

A greater height than otherwise permitted is allowed for:

i. Single-Family Dwellings

Base building height may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the minimum code standards provided in Table 50.04.001-1 above.

ii. Any Structure

Roof forms or architectural features (such as cupolas or dormers) of any structure provided that these roof forms or features:

(1) Do not extend more than six ft. above the maximum specified base height;

(2) Do not, in total, exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections; and

(3) Do not, in total, cover more than 20% of the roof area on which they are located as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections. Examples of permitted exceptions are illustrated in Figure 50.04.001-B: Height Exceptions.

Figure 50.04.001-B: Height Exceptions

(Ord. 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)

2. RESIDENTIAL MEDIUM DENSITY ZONES

a. Dimensions

Development in the R-DD, R-5, and R-6 zones shall conform to the dimensional standards in Table 50.04.001-3 except as modified below:


TABLE 50.04.001-3: RESIDENTIAL MEDIUM DENSITY ZONES DIMENSIONS
	R-6	R-5	R-DD	Comments/Additional Standards
DENSITY				50.04.001.2.b
Minimum [1]	80% of max	80% of max	SF Subdivisions: 5 lots/acre; Duplex: 10 units/acre; Multi-Family: 14 units/acre
Maximum (units/acre)	—	[2]	[2],[3]
MIN. LOT DIMENSIONS				50.04.001.2.c
Area (sq. ft.)	6,000 per du	5,000 per du	SF/Duplex. 5,000 (total); MD 15,000 (total) [4]	Except PD
Width (ft.)	50	—	—
Depth (ft.)	—	—	—
MAX. FLOOR AREA				50.04.001.2.d
	2,750 sq. ft. + [(actual lot size – 6,000 sq. ft.) x 0.19]	Lot ≥ 5,000 sq. ft.	—	R-5 and R-6 districts: + 500 sq. ft. floor area allowance per residential unit providing a garage
		2,850 sq. ft. + [(actual lot size – 5,000 sq. ft.) x 0.28]
		Lot < 5,000 sq. ft.
		2,850 sq. ft. + [(actual lot size – 5,000 sq. ft.) x 0.48]
YARD SETBACKS	See 50.04.001.2.e
MAX. LOT COVERAGE	See 50.04.001.2.f

MAX. HEIGHT (FT.)				50.04.001.2.g
Primary Structure	28	—	28
Flat Lot	28	28	—
Sloping Lot	[5]	[5]	—
Sloped Lot	32	35	—
Accessory Structure	Lesser of 24 ft. or height of roof form of primary structure	Lesser of 24 ft. or height of roof form of primary structure	28
[1] The number of lots required in the R-5 and R-6 zones shall be determined by dividing the net developable square footage by the minimum lot size per unit required in the underlying zone, and multiplying this number by 0.8. The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5. The requirements of this section are subject to the exceptions contained in LOC 50.04.003.10, Exceptions to the Minimum Density Requirement for All Zones. In the R-DD zone, the density is computed by multiplying the net developable acreage by either five, ten, or 14 per the applicable type of development. The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5. [2] Net developable footage divided by the minimum lot area per unit and rounded down to the nearest whole number. The actual density allowed on a site will be determined at the time of development review. Maximum density will be allowed to the extent that facts presented to the hearing body show that development at that density can occur within requirements set forth in the Development Standards. [3] R-DD zone maximum density expressed in number of dwelling units per net developable acre is computed by dividing the net developable acreage by 2,000 sq. ft. and rounding down to the nearest whole number. [4] Except for structures that have been determined by the State or National Register of Historic Places as being of historic significance. [5] Lots with sloping topography – Maximum base height across the site shall be established by a flat plane measured at 28 ft. above the highest point of the natural grade within the building envelope. The base height shall not exceed 32 ft. above the natural grade. See Figure 50.04.001-A: Height Adjustment for Sloping Topography.

[Cross-Reference: Height Limitation: see Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas; LOC 50.04.003.4, General Exception to Structure Height Limitations; LOC 50.06.001.5.b.]

b. Density – Additional Standards

In the R-5 and R-DD zones, applicants may request up to a 25% density bonus for public agency rental housing projects. In the R-5 zone this request is processed as a conditional use and may not include residential care housing or secondary dwelling units. In the R-DD zone this may not include secondary dwelling units.

c. Lot Dimensions – Additional Standards

i. PD Designation

(1) R-5

For projects reviewed for approval as planned developments, pursuant to LOC 50.07.007.4, Planned Development Overlay, there is no required minimum lot area. Units may be placed on any portion of the site as long as the project complies with other requirements of this Code.

(2) R-6

(a) Lot sizes and dimensions may be reduced for projects reviewed as planned developments and as provided by subsection b, below. However, the overall density allowed on the site may not be exceeded except as allowed by subsection 2.c.i(2)(b) of this section.

(b) Up to a 25% reduction in minimum required lot area for each dwelling unit shall be allowed in the R-6 zone to permit the relocation of a designated historic landmark, when relocation has been approved by the designated hearing body in conformance with the provisions of LOC 50.07.004.4.

ii. R-5, R-6, and R-DD with RP/RC Designation

For projects on properties subject to an RP or RC designation, lot areas may be modified as provided in LOC 50.05.010, Sensitive Lands Overlay Districts.

d. Floor Area – Additional Standards

i. Both R-5 and R-6 Zones

(1) For purposes of calculating maximum floor area for dwellings, the floor area of garages and accessory structures shall be included in the total that is subject to the maximum floor area standard of this section.

(2) Maximum FAR for uses other than residential uses and their accessory uses shall be as follows:

(a) Conditional uses: established as part of the conditional use process.

(b) Other nonresidential uses: No greater than 1:1.

ii. R-5 Zones

(1) Garages

Floor area of attached garage located at the rear of the primary structure or for side-loading garages – up to 200 sq. ft. is exempt from floor area.

(2) Garages and Other Accessory Structures

Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations as follows:

(a) For lot sizes up to 10,000 sq. ft. – up to a cumulative maximum of 200 sq. ft.

(b) For lot sizes greater than 10,000 sq. ft. – up to a cumulative maximum of 400 sq. ft.

iii. R-6 Zones

(1) Habitable Areas of Accessory Structures

Provided only one garage is located on the site, habitable areas of detached accessory structures that would normally be counted as floor area for purposes of floor area calculations shall be exempt as follows in the floor area calculations, as follows:

(a) For lots less than or equal to 10,000 sq. ft. in area – up to 200 sq. ft.

(b) For lots greater than 10,000 sq. ft. in area – up to 400 sq. ft.

(2) Size of Accessory Structures

An accessory structure ≤ 18 ft. in height shall not exceed a total of 800 sq. ft. in size or the square footage of the footprint of the primary structure, whichever is less. An accessory structure > 18 ft. in height shall not exceed a total of 600 sq. ft. or the square footage of the footprint of the primary structure, whichever is less.

e. Yard Setback – Additional Standards

i. R-5 Yard Setback Standards

(1) Required Setbacks


TABLE 50.04.001-4: YARD SETBACK REQUIREMENTS
Structure Type	Front (ft.)	Side (ft.)	Rear (ft.)
Attached Dwelling	10	10 – Exterior Wall	10
Attached Dwelling	10	0 – Attached Wall	10
Detached Dwelling
≤ 18 ft. in height	20	5 – Side Yard	20
≤ 18 ft. in height	20	10 – Street Side Yard	20
>18 ft. in height	20	10	20
Other Types of Primary Structures and All Accessory Structures	10	10	10

(2) Additional Setback Standards and Modifications

(a) Where a lot zoned R-5 abuts a lot zoned R-6, 7.5, 10, or 15, the building on the R-5 lot shall be set back from the common line a distance equal to the required R-5 yard setback or the height of the primary building on the R-5 lot, whichever is greater.

(b) Special Setbacks for Steeply Sloped Lots. On steeply sloped lots, the minimum required front yard setback for detached dwellings shall be 18 ft.

ii. R-6 Yard Setback Standards

(1) Required Setbacks


TABLE 50.04.001-5: MINIMUM YARD SETBACKS – R-6 ZONE
	Primary Structures (ft.)	Accessory Structures (ft.) [1]	Other Accessory Structures (ft.)	Garage-Vehicle Opening (ft.)
Front	20	20	20	15 [2]
Side Adjacent to a Street	Arterial/Collector: 20; Local: 7.5 [3]	Arterial/Collector: 20; Local: 7.5 [3]	Arterial/Collector: 20 Local: 7.5 [3]	Arterial/Collector: 20; Local: 15
Side	7.5	5	7.5	7.5
Rear	15	5	15	15
Notes:	[1] < 600 sq. ft. and with walls < 10 ft. in height below the eave. [2] Behind the front building line of the house (excluding a porch). [3] Provided there is no less than 20 ft. between the road surface and the structure.

(2) Additional Setback Standards and Modifications

(a) A projecting covered front porch may extend into the front yard setback up to six ft.

(b) Primary and accessory structures built before July 1, 2010, are subject to the following minimum side yard setbacks:


TABLE 50.04.001-6: MINIMUM SIDE YARD SETBACKS FOR ADDITIONS TO PRIMARY AND ACCESSORY STRUCTURES BUILT BEFORE JULY 1, 2010
Structures ≤ 18 ft. in height	Structures > 18 ft. in height
5 ft.	5 ft. minimum width on a side, 15 ft. cumulative, except a multi-story structure may have a smaller side yard setback than required by this section where the ground floor is set back a minimum of 5 ft. and the remainder of the structure is stepped back from the building line by at least 4 ft. on each side.

iii. R-DD Yard Setback Standards

(1) Required Setbacks

(a) Except as otherwise provided in this section, the required setback in the R-DD zone is ten ft.

(b) Structures shall be set back from a street right-of-way line a minimum of ten ft., or such greater distance required to accommodate off-street parking.

(i) Exception

On lots abutting Durham Street, front yard setbacks for new structures may be reduced to three ft. for up to 50% of the building facade along Durham Street. The remaining 50% of the building may be between five ft. and ten ft. from the front property line.

(2) Additional Standards and Modifications

(a) Zero Lot Line Unit Setbacks

(i) Zero lot line units must comply with all required setbacks except for the area of the common wall or walls.

(b) Landscape Buffer Required

Where a lot zoned R-DD abuts a lot zoned EC or R-0/EC, a landscaped buffer a minimum of five ft. in width is required on the lot zoned R-DD in the setback area abutting the EC or R-0/EC zone. The purpose of the landscaped area is to provide a vegetative screen. Plant material used for screening and buffering shall be of a size that will achieve sufficient height within three years of the date of planting to provide adequate screening.

(3) Multi-Family Dwelling and Duplex Development in R-DD

(a) When a new multi-family development or the expansion or reconstruction of an existing multi-family development occurs in an R-DD zone subject to minor development review which abuts an existing less intensive residential use, the proposed multi-family structure shall be set back from the boundary of the less intensive use by at least the amount of feet equal to the height of the multi-family structure.

(b) New duplex development, or the expansion or reconstruction of an existing duplex development in the R-DD zone subject to DRC review, shall be set back from the boundary of the less intensive use by at least 15 ft. when the proposed development:

(i) Is greater than 28 ft. in height, and

(ii) Abuts an existing, less intensive residential use.

(c) Developments subject to subsection 2.e.iii(3)(a) or (b) of this section shall provide a landscaped area at least five ft. wide within the setback area abutting the less intensive use. The purpose of the landscaped area is to provide a vegetative screen. Plant material used for screening and buffering shall be of a size that will achieve sufficient height within three years of the date of planting to provide adequate screening.

(4) Corner Lots

f. Lot Coverage/Impervious Surfaces – Additional Standards

i. R-5 Lot Coverage

(1) Maximum Lot Coverage

(a) The following maximum lot coverage percentages are applicable to single-family detached structures in the R-5 zone:


TABLE 50.04.001-7: R-5 MAXIMUM LOT COVERAGE
Height (ft.)	Maximum Lot Coverage (%)
22 or less	45
>22 to 25	42
>25 to 28	38
>28 to 30	35
>30	35

(b) The maximum lot coverage for all other structures in the R-5 zone is 50%.

(2) Garage Footprint Exemption

The garage footprint, including any habitable area directly above or below the garage, shall be exempt from lot coverage as provided below:

(a) Up to a cumulative maximum of 200 sq. ft. shall be exempt for garages that are:

(i) Rear- or side-loading; or

(ii) Located 20 ft. or more back from the closest point of the dwelling to the front lot line; or

(iii) In case of corner lots, 20 ft. or more back from the closest point of the dwelling to the front and street side lot lines.

(b) Up to a cumulative maximum of 400 sq. ft. shall be exempt for a detached garage that meets subsection 2.f.i(2)(a) of this section, and the lot is greater than 10,000 sq. ft. in area.

(3) Detached Accessory Structures

Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from lot coverage calculations as follows:

(a) For lots less than or equal to 10,000 sq. ft. in area – up to 200 sq. ft.

(b) For lots greater than 10,000 sq. ft. in area – up to 400 sq. ft.

ii. R-6 Lot Coverage/Impervious Surfaces

(1) Lot coverage in the R-6 zone shall not exceed the following:


TABLE 50.04.001-8: LOT COVERAGE IN THE R-6 ZONE
Lot size in sq. ft.	Base Height of Structure at Highest Grade
Lot size in sq. ft.	20' or less	>20' to 21'	>21' to 22'	>22' to 23'	>23' to 24'	>24' to 25'	>25' to 26'	>26' to 27'	>27'
7,000 or less	45%	43%	42%	40%	38%	36%	35%	35%	35%
>7,000 – 8,500	36%	36%	36%	36%	36%	36%	35%	34%	33%
>8,500 – 10,000	35%	35%	35%	35%	34%	33%	32%	31%	30%
>10,000 – 11,500	35%	35%	35%	33%	31%	30%	29%	28%	27%
>11,500	35%	34%	33%	30%	28%	27%	25%	25%	25%

(2) For purposes of regulating lot coverage in relation to building height, base building height shall be established by a flat plane measured from the highest point of the natural grade within the building envelope; provided, that the height is no more than four ft. higher than the base height listed in Table 50.04.001-3, Residential – Medium Density Zone Dimensions.

(3) Decks less than five ft. above grade, stairs, pergolas, trellises or other landscaping structures, and concrete slabs shall be exempt from lot coverage calculations.

(4) No more than 60% of the lot may be covered with impervious surfaces.

(5) Provided it is the only garage on the site, the garage footprint, including any habitable area above or below the garage, of a detached garage area shall be exempt from lot coverage calculations as follows:

(a) Up to a cumulative maximum of 200 sq. ft. for lots less than or equal to 10,000 sq. ft. in area.

(b) Up to a cumulative maximum of 400 sq. ft. for lots greater than 10,000 sq. ft. in area.

iii. R-DD Lot Coverage

(1) The following maximum lot coverage shall be permitted in the R-DD zone:


TABLE 50.04.001-9: R-DD MAXIMUM LOT COVERAGE
Dwelling Type	Maximum Lot Coverage
Single-Family Detached	35%
Duplex, Zero Lot Line	45%
Multi-Family Dwelling	55%

(2) The following maximum amounts of impervious surface coverage shall be permitted in the R-DD zone:


TABLE 50.04.001-10: R-DD MAXIMUM IMPERVIOUS SURFACE
Dwelling Type	Maximum Impermeable Surface Allowed
Single-Family Detached	60%
Duplex, Zero Lot Line	60%
Multi-Family Dwelling and Rowhouse	60%

g. Height – Additional Standards

i. R-5 Height Restrictions for Primary Structures

(1) Projects Greater Than One-Half Acre

For attached development in the R-5 zone, the primary structure height shall not exceed:


No. of Primary Structures on Site	Maximum Base Height for Primary Structures
One:	50 ft.
Two or more:	40 ft. average, with no individual primary structure exceeding 50 ft. base building height.

(2) Base Height

Except as provided in subsections 2.g.i(1), 2.g.i(4) and 2.g.ii of this section, the base height of a structure in the R-5 zone shall not exceed:

(a) Flat Lots – 28 ft.

(b) Lots with Sloping Topography – See subsection 2.g.iii of this section.

(3) In the R-5 zone, a structure shall not exceed the base height standards set forth in subsection 2.g.i(2) of this section if the structure is closer than 60 ft. to a lot carrying a residential designation other than R-0, R-3, or R-5.

(4) Exceptions to Base Building Height

A greater height than otherwise permitted is allowed for single-family dwellings – building height may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the underlying zone code standards provided in subsections 2.g.i(1) and (2) of this section.

ii. Exceptions to the Base Building Height Applicable to All Zones and to Projects Greater Than One-Half Acre in R-5 Zone

A greater height than otherwise permitted is allowed for roof forms, or architectural features, such as cupolas or dormers; provided, that these roof forms or features:

(1) Do not extend more than six ft. above the maximum specified base height;

(2) Do not, in total, exceed one-third of the width of the building for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections, as measured on any elevation drawing; and

(3) Do not, in total, cover more than 20% of the roof area on which they are located, as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections.

Examples of permitted exceptions are illustrated in Figure 50.04.001-B.

iii. R-5 and R-6 Height Exceptions and Adjustments

(1) Height Adjustment for Sloping Topography

Base building height across the site shall be established by a flat plane measured at 28 ft. above the highest point of the natural grade within the building envelope, except that in no case shall the base height be greater than 32 ft. above the natural grade. See Figure 50.04.001-A: Height Adjustment for Sloping Topography.

iv. R-DD Additional Height Standards

(1) Primary Structures

Average height may increase to 40 ft. over the entire site, with no individual structure exceeding 50 ft., in the following circumstances:

(a) The lot or lots developed are one-half acre or greater in area; and

(b) 25% or more of the gross site area is constrained by steep slopes, floodplain, or mapped sensitive lands; and

(d) On any lot in the R-DD zone which is closer than 60 ft. to a lot carrying a residentially zoned lot other than R-DD, R-0, R-3 or R-5, the structure height shall not exceed 35 ft.

(2) Detached Single-Family Dwelling/Greater Height Due to Greater Setback

In addition to the building base height exceptions in this section, the building base height for detached single-family dwellings may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the minimum code standards for the zone.

(Ord. 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)

3. RESIDENTIAL HIGH DENSITY ZONES

a. Dimensions

Development in the R-W, R-3, R-2, and R-0 zones shall conform to the development standards in Table 50.04.001-11 except as modified below:


TABLE 50.04.001-11: RESIDENTIAL HIGH DENSITY ZONES DIMENSIONS
		R-W	R-3	R-2	R-0	Comments/Additional Standards
DENSITY						50.04.001.3.b
Minimum		80% of max. [1]	80% of max. [1]	12 lots or units/acre [2]	20 lots or units/acre [2]
Maximum (units/acre)		[3]	[3]	—	—
MIN. LOT DIMENSIONS						50.04.001.3.c
Area (sq. ft.)		3,375	3,375	No min.	No min.	No min. for PD
Per Dwelling		3,375	3,375	No min.	No min.	No min. for PD
MAX. FLOOR AREA						50.04.001.3.c
Residential		No max.	1:1	1.2:1	1.2:1
Conditional Use		Established as part of the conditional use process
Nonresidential		1:1	1:1	1:1	1:1
MAX. LOT COVERAGE						50.04.001.3.d
Lot Coverage		100	50	Table 50.04.001-12	55
YARD SETBACKS						50.04.001.3.e
Primary Dwelling (Detached)
Front (ft.)		0	20	Table 50.04.001-13	20
Side Adjacent to Street (ft.)		0	10		10
Side (ft.)	Height ≤ 18 ft.	0	5		5
Side (ft.)	Height > 18 ft.	0	10		10
Rear (ft.)		0	20		20
Primary Dwelling (Attached)
Front		0	10	Table 50.04.001-13	10
Side		0	10 (exterior wall); 0 (attached wall)		10
Rear		0	10		10
Other Types of Primary Structures and All Accessory Structures
Front (ft.)		0	10	Table 50.04.001-13	10
Side Adjacent to Street (ft.)		0	—		—
Arterial/Collector		0	—		—
Local		0	—		—
Height ≤ 18 ft.	Side	0	10		10
Height ≤ 18 ft.	Rear	0	10		10
Height > 18 ft.	Side	0	10		10
Height > 18 ft.	Rear	0	10		10
MAX. BASE HEIGHT (FT.)						50.04.001.3.f
Flat Lot		—	28	28	28
Lots with Sloping Topography		—	[4]	[4]	[4]
Sloped Lot		—	35	35	35
From Oswego Lake Surface Elevation		24/27 [5]	—	—	—
Accessory Structure			Lesser of 24 ft. or height of roof form of primary structure	Lesser of 24 ft. or height of roof form of primary structure	Lesser of 24 ft. or height of roof form of primary structure	50.04.001.1.f.v
[1] The number of lots required shall be determined by dividing the net developable acre by the minimum lot size or units required in the underlying zone, and multiplying this number by 0.8. The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5. The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003, Exceptions, Projections, and Encroachments. [2] This number is computed by multiplying the net developable acreage by either 20 or 12 per the applicable zone. The result shall be rounded up for any product with a fraction of 0.5 or greater and rounded down for any product with a fraction of less than 0.5. The requirements of this subsection are subject to the exceptions contained in LOC 50.04.003, Exceptions, Projections and Encroachments. [3] Computed by dividing the net developable acreage by the minimum lot area per unit and rounding down to the nearest whole number. [4] Maximum base height across the site shall be established by a flat plane measured at 28 ft. above the highest point of the natural grade within the building envelope. The base height shall not exceed 32 ft. above the natural grade. See Figure 50.04.001-A: Height Adjustment for Sloping Topography. [5] For any portion of the lot above the Oswego Lake Surface Elevation, maximum building height shall not exceed 24 ft. For any portion of the lot at or below the Oswego Lake Surface Elevation, maximum building height shall not exceed 27 ft. above the Oswego Lake Surface Elevation. The maximum building height of 27 ft. above the Oswego Lake Surface Elevation shall extend landward until it meets the 24 ft. height limit for the portion of the lot above the Oswego Lake Surface Elevation. See Figure 50.04.001-11[5].

Figure 50.04.001-11[5]: Height Measurement for R-W Zoned Lots

[Cross-References: Maximum Density: See LOC 50.03.003.1.b – Conditional Uses in the R-2 and R-6 Zones; LOC 50.03.003.2, Conditional Use Standards for Residential Uses – Group and Institutional Housing. Height Limitation: See Charter Section 46A for 50 ft. Maximum Height of Structures in Residential Areas; LOC 50.04.003.4, General Exception to Structure Height Limitations; LOC 50.06.001.5.b.]

b. Density – Additional Standards

In the R-0, R-2, and R-3 zones, applicants may request up to a 25% density bonus for public agency rental housing projects. This request is processed as a conditional use and may not include residential care housing or secondary dwelling units.

c. Lot Area and Floor Area – Additional Standards

i. For projects on properties subject to an RP or RC district designation, lot areas may be modified as provided in LOC 50.05.010, Sensitive Lands Overlay Districts.

ii. Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from floor area calculations up to a maximum of:

(1) For lot sizes up to 10,000 sq. ft. – up to a cumulative maximum of 200 sq. ft.

(2) For lot sizes greater than 10,000 sq. ft. – up to a cumulative maximum of 400 sq. ft.

d. Lot Coverage – Additional Standards

i. R-2 Lot Coverage


TABLE 50.04.001-12: R-2 MAXIMUM LOT COVERAGE
Structure Type	Max. Lot Coverage (%)
Single-Family Detached	35
Single-Family Attached	55
Rowhouse	55
Duplex	55
Other Structures	50

ii. R-0, R-2, and R-3 Exemptions

(1) Garage Footprint Exemption

The garage footprint, including any habitable area directly above or below the garage, shall be exempt from lot coverage as provided below:

(a) Up to a cumulative maximum of 200 sq. ft. shall be exempt for garages that are:

(i) Rear- or side-loading, or

(ii) Located 20 ft. or more back from the closest point of the dwelling to the front lot line, or

(iii) In the case of corner lots, 20 ft. or more back from the closest point of the dwelling to the front and street side lot lines.

(b) Up to a cumulative maximum of 400 sq. ft. shall be exempt for a detached garage that meets subsection 3.d.ii(1)(a) of this section, and the lot is greater than 10,000 sq. ft. in area.

(2) Habitable areas of detached accessory structures that would normally be counted as floor area shall be exempt from lot coverage calculations as follows:

(a) For lots less than or equal to 10,000 sq. ft. in area – up to 200 sq. ft.

(b) For lots greater than 10,000 sq. ft. in area – up to 400 sq. ft.

e. Yard Setback – Additional Standards

i. Corner Lots

ii. R-2 Yard Setbacks

Development in the R-2 districts shall meet the following setbacks:


TABLE 50.04.001-13: R-2 YARD SETBACKS
Structure Type	Front (ft.)	Side (ft.)		Rear (ft.)
Structure Type	Front (ft.)	Exterior	Attached	Rear (ft.)
Duplex	10	7	0	10
Zero Lot Line	10	7	0	10
Rowhouse	10	7	0	10
Detached Dwelling	20	Single-story dwelling: 5 ft. Multi-story dwelling: 15 ft. cumulative, 5 ft. minimum on a side [1]		20
Other Primary Structures	10	10	10	10
Accessory Structures	Same as for primary structure type	Same as for primary structure type		10
Notes: [1] Multi-story dwelling: Cumulative yard may be reduced where ground floor is set back minimum of 5 ft. and the remainder of the dwelling is set back a minimum of 9 ft. from the side lot line.

iii. Abutting Low Density Residential

Where a lot zoned R-0, 2, or 3 abuts a lot zoned R-6, 7.5, 10, or 15, the building on the R-0, 2, or 3 lot shall be set back from the common line a distance equal to the required yard setback for the zone in Table 50.04.001-13 or the height of the primary building on the R-0, 2, or 3 lot, whichever is greater.

iv. Special Setbacks for Steeply Sloped Lots

On steeply sloped lots, the minimum required front yard setback for detached dwellings shall be 18 ft.

f. Height – Additional Standards

i. Projects Greater Than One-Half Acre

(1) On a lot or lots developed as one project of one-half acre or greater in total area for the R-0 and R-3 zones, the primary structure height shall not exceed:


No. of Primary Structures on Site	Maximum Base Height for Primary Structures
One:	50 ft.
Two or more:	40 ft. average, with no individual primary structure exceeding 50 ft. base building height.

(2) On a lot or lots being developed as one project of one-half acre or greater in total area for the R-2 zone, the primary structure height shall not exceed:


No. of Primary Structures on Site	Maximum Base Height for Primary Structures
One:	35 ft.
Two or more:	32 ft. average, with no individual primary structure exceeding 35 ft. base building height.

ii. Base Height

Except as provided in subsections 3.f.i and 3.f.v of this section, the base height of a structure in the R-0, R-2, and R-3 zone shall not exceed:

(1) Flat lots – 28 ft.

(2) Lots with sloping topography – Maximum base height across the site shall be established by a flat plane measured at 28 ft. above the highest point on the natural grade within the building envelope, except that in no case shall the base height be greater than 32 ft. above the natural grade.

(3) Sloped lots – 35 ft.

iii. In the R-0 or R-3, a structure shall not exceed the base height standards set forth in subsection 3.f.ii of this section if the structure is closer than 60 ft. to a lot carrying a residential designation other than R-0, R-3 or R-5.

iv. Exceptions to Base Building Height

In addition to the maximum structure height determined by subsections 3.f.i through 3.f.iii of this section, a greater height than otherwise permitted is allowed as follows:

(1) Single-family dwellings – Building height, inclusive of projections permitted by the building height exceptions under subsection 3.f.iv(2) of this section, may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the underlying zone code standards provided in subsections 3.f.i and 3.f.ii of this section; or

(2) Any primary structure – For roof forms, or architectural features, such as cupolas or dormers; provided, that these roof forms or features:

(a) Do not extend more than six ft. above the maximum specified base height;

(b) Do not, in total, exceed one-third of the width of the building or buildings as measured on any elevation drawing for an individual roof form or projection or do not exceed one-half of the width of the building for two or more separate roof forms or projections; and

(c) Do not, in total, cover more than 20% of the roof area on which they are located as viewed from directly above for an individual roof form or projection or 30% for multiple roof forms or projections.

(Ord. 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)

4. COMMERCIAL, MIXED USE, AND INDUSTRIAL ZONES

a. Dimensions

Development in the commercial, mixed use, and industrial zones shall conform to the following dimensional standards except as modified below:


TABLE 50.04.001-14: COMMERCIAL, MIXED USE, AND INDUSTRIAL DIMENSIONS
Standard [1]	NC	GC	HC	OC	EC	FMU	WLG See 50.04.001.4.b	CR&D	MC	I	IP
	If a dimension or requirement is not shown it means there is no minimum or maximum, but that a requirement may be established at the time of Development Review Commission review.
FLOOR AREA RATIO
Maximum	0.25:1 [2]	—	—	0.30:1	3.0:1	4.0:1 [16], [17]			—	1.0:1	—
Minimum	—	—	—	—	—	1.0:1 [15], [17]			—	—	—
LOT COVERAGE (%)
Maximum	100	50	50	25	100	100		55 [5]	100	—	—
Minimum	None	None	None	None	None	50	None	None	None	None	None
SETBACK (FT.)						[14]
Front	—	—	—	—	—			15 [12]	15 [6]	20 min. adj. to R zone; see LOC Article 45, Building Code [10]	Front and any yard with street frontage: 20 [10]
Side	—	—	—	—	—			15 [4][12]	0 [7]		10 [9]
Rear	—	—	—	—	—			15 [4][12]	0 [7]		10 [9]
Location – From Lot Line to:						See 50.06.001.6
When Adjacent to R-DD, R-5, R-6, R-7.5, R-10 or R-15
Structure	25	25	25	25	25			—	—	—
Surface Parking	10	10	10	10	10			—	—	—
Vehicular Accessway	5	5	5	5	5			—	—	—
When Adjacent to R-0, R-2 or R-3 Zone
Structure	10	10	10	10	10			—	—	—
Surface Parking	10	10	10	10	10			—	—	—
Vehicular Accessway	5	5	5	5	5			—	—	—
When Not Adjacent to Residential Zone
All Setbacks	0	0	0	0	0			—	—	—
HEIGHT (FT.)								See 50.04.001.4.c, Additional Standards and Exceptions
Max. Height	35 [3]	45 [3]	60 [3]	45 [3]	50.04.001.4.c.i	45 [18]; 90		[11]	95 [13]	60 [8]	45
Accessory Structures						24		60
[1] Standards in this table may be modified by the Lake Grove Village Center Overlay District. [2] Except for the SE quadrant of Grimm’s Corner, as determined by the Comprehensive Plan (see Figure 50.04.001-C: Grimm’s Corner Neighborhood Commercial and Appendix E, Commercial Land Use Policies). [3] Structures placed closer than 60 ft. to the property line of a lot which carries any residential zone designation have a maximum height of 28 ft. or 40 ft. minus one ft. for each ft. less than 60 ft. the portion of the structure is from the residential zone, whichever is greater. [4] Except along interior lot lines on a unified site. [5] Percent of the net site area after any required dedications for roadway purposes. A minimum of 25% of the site area shall be used for landscaping, natural areas, or outdoor recreational use areas. [6] Structures on corner lots shall observe the minimum setback on both streets. [7] When a side or rear yard abuts a more restrictive zone setbacks shall be 15 ft. Ten ft. shall be added to the side or rear yard setback for each ten-ft. increment in building height over 35 ft. [8] Structures placed closer than 60 ft. from the property line of a lot which carries any residential zone designation shall have a maximum height of 40 ft. minus one ft. for each ft. less than 60 ft. the structure is from the residential zone. [9] Zero for common wall development. [10] Front lot lines on corner lots may face either street. The City Manager shall determine the front lot line after taking into consideration the orientation of structures on the site and nearby lots, the ability to meet setbacks without variances, and physical site or solar access limitations. Street access should be to local streets. [11] See LOC 50.04.001.4.c.ii. [12] See LOC 50.04.001.4.c.iii. [13] See LOC 50.04.001.4.c.iv. [14] Oswego Pointe Setback. Structures in the FMU zone shall maintain the following minimum setback measured from the structure listed below (as they existed on January 17, 2013): a. Habitable structures – 85 ft.; b. Nonhabitable structures – ten ft. [15] Applies only to sites abutting a primary street. [16] FMU FAR Transfer. FAR may be transferred from any site zoned FMU to another site zoned FMU as follows: a. The total FAR averaged between transfer sites shall not exceed 4.0:1. b. The FAR shall not be less than 1.0:1 on any site abutting a primary street. c. The property owner(s) shall execute and record a covenant with the City on all sites reflecting the respective increase and decrease of the FAR. [17] In the FMU, "Floor Area": (1) Includes the area devoted to structured parking that is above ground level; (2) Does not include areas where the elevation of the floor is four ft. or more below the lowest elevation of an adjacent right-of-way. [18] FMU State Street Height. For any area of a site that is located within 100 ft. of the centerline of State Street, the maximum height is 45 ft.

[Cross-References: In EC zone, see also Downtown Redevelopment Design District, LOC 50.05.004; Height Limitation: see also LOC 50.06.001.5.b.]

b. West Lake Grove Zones

The following dimensions are applicable in the West Lake Grove zone districts.

i. WLG Townhome Residential (WLG R-2.5)

(1) Site Development Limitations

Yard Setbacks. The following exterior wall setbacks shall be required in the WLG R-2.5 zone, except as modified by LOC 50.04.003.1, Additional Dimensional Exceptions.


TABLE 50.04.001-15: WLG R-2.5 YARD SETBACKS
Structure Type	Yard Type	Setback Distance
Abutting Single-Family Residential Zone
Primary Use	Front (from property line)	10 ft.
Primary Use	Rear and Side	25 ft.
Accessory Structures	Front, Rear, and Side	15 ft.
Not Abutting Single-Family Residential Zone
Primary Use	Front	10 ft.
	Rear	10 ft.
	Side – exterior wall	10 ft.
	Side – common wall	0 ft.
Accessory Structures	Front	10 ft.
Accessory Structures	Rear and Side	0 ft.

(2) Height of Structures

(a) Primary Structures. The maximum height of any primary structure in the WLG R-2.5 zone shall not exceed 35 ft.

(b) Accessory Structures. The height of the roof form of the primary structure or 24 ft., whichever is less.

[Cross-Reference: Height Limitation: See also LOC 50.03.003.3.e.iii(3) for collocated telecommunication facilities, and LOC 50.06.001.5.b for non-single-family dwellings.]

ii. WLG Residential Live/Work Zone (WLG RLW)

(1) Conditions for Commercial Use

(a) A person who conducts business within the WLG RLW zone must also reside within the same building. No more than one additional employee is allowed.

(b) The business must be conducted in a specifically delineated area on the first floor of the structure and occupy no more than 700 sq. ft.

(2) Site Development Limitations

(a) Yard Setbacks

The following exterior wall setbacks are required within the WLG RLW zone, except as modified by LOC 50.04.003.1, Additional Dimensional Exceptions.


TABLE 50.04.001-16: WLG RLW YARD SETBACKS
Structure Type	Yard Type	Setback Distance
Primary Use	Front (from property line)	10 ft.
	Rear and Side (abutting a single-family residential zone)	25 ft.
	Rear and Side (not abutting a single-family residential zone)	10 ft.
Accessory Structures – Not Abutting Residential Zones	Front	10 ft.
	Rear	0 ft.
	Side	0 ft.
Accessory Structures – Abutting Residential Zones	Front	15 ft.
	Rear	15 ft.
	Side	15 ft.

(b) Height of Structures

(i) The maximum height is 35 ft., except that the primary building height may be increased by one ft. for every five additional ft. in yard setback on all sides, beyond the minimum code standards for the zone.

(ii) Accessory Structures. The height of the roof form of the primary structure or 24 ft., whichever is less.

[Cross-Reference: Height Limitation: See also LOC 50.03.003.3.e.iii(3) for collocated telecommunication facilities, and LOC 50.06.001.5.b for non-single-family dwellings.]

iii. WLG Residential Mixed Use (WLG RMU)

(1) Site Development Limitations

(a) Professional Office Uses and Minor Public Facilities

A single building which provides for professional office uses or minor public facilities shall be limited to a total floor area of 8,000 sq. ft. in a multi-story building, with no more than 5,000 sq. ft. on any floor.

(b) Yard Setbacks

The following yard setbacks are required in this zone, except as modified by LOC 50.04.003.1, Additional Dimensional Exceptions.


TABLE 50.04.001-17: WLG RMU YARD SETBACKS
Structure Type	Yard Type	Setback Distance	Special Setback Distance
Attached Townhomes	Front (from property line)	10 ft.
	Rear and Side (abutting a single-family residential zone)	25 ft.
	Rear and Side (not abutting a single-family residential zone)	10 ft.
Primary Structures (all other)	Setbacks of structures abutting residential zones	25 ft.	Structures shall be set back at least six ft. from the meandering pathway or sidewalk along Boones Ferry Road (see Figure 50.05.005-D, WLG Street Pedestrian Facilities and Pathways)
Primary Structures (all other)	Setbacks of structures not abutting residential zones	0 ft.
Accessory Structures – Not Abutting Residential Zones	Front	10 ft.
	Rear	0 ft.
	Side	0 ft.
Accessory Structures – Abutting Residential Zones	Front	15 ft.
	Rear	15 ft.
	Side	15 ft.

(i) Primary Structures: 35 ft.

(ii) Accessory Structures: 24 ft., or the height of the roof form of the primary structure, whichever is less.

[Cross-Reference: Height Limitation: See also LOC 50.03.003.3.e.iii(3) for collocated telecommunication facilities, and LOC 50.06.001.5.b for non-single-family dwellings.]

iv. WLG Office Commercial (WLG OC)

(1) Site Development Limitations

(a) Setbacks

Buildings shall be set back at least six ft. from the sidewalk along Boones Ferry Road (see Figure 50.05.005-D, WLG Street Pedestrian Facilities and Pathways). The provisions of LOC 50.04.003.1, Additional Dimensional Exceptions, shall not be applied in this zone.

(b) Height of Structures

(i) Primary Structures. The maximum height of any primary structure shall not exceed 35 ft. The maximum height of the wall plane shall be no greater than 30 ft. measured from grade at the exterior wall of the building to the gutter line.

(ii) Accessory Structures. The height of the roof form of the primary structure or 24 ft., whichever is less.

[Cross-Reference: Height Limitation: See also LOC 50.03.003.3.e.iii(3) for collocated telecommunication facilities, and LOC 50.06.001.5.b for non-single-family dwellings.]

Figure 50.04.001-C: Grimm’s Corner Neighborhood Commercial

c. Additional Standards and Exceptions

i. EC Zone Height Measurement [1]


TABLE 50.04.001-18: EC MAXIMUM HEIGHT [1]
Structure Location	Max. Height (ft.)
Lot abuts R-DD zone	40
Structure is within 120 ft. of a lot zoned R-6 or R-7.5	35 for the portion of the structure within 120 ft. of a lot zoned R-6 or R-7.5 [2]
Structure is within 120 ft. to 240 ft. of a lot zoned R-6 or R-7.5	45 for the portion of the structure within 120 ft. to 240 ft. of a lot zoned R-6 or R-7.5 [2]
Development on the block bounded by A Avenue, Second Street, Evergreen Road and Third Street	No height limit [3]
All other lots and those portions of structures beyond 240 ft. of a lot zoned R-6 or R-7.5	60
Notes: [1] Except the block described in LOC 50.02.002.2.c.iv, Specific Standards for Commercial, Mixed Use, and Industrial Zones. [2] The measured distance is exclusive of intervening public right-of-way if any exists. [3] Provided the following conditions are satisfied: (1) the use of the structure is a mixed use containing dwelling units; (2) the street level commercial uses are designed to provide a "village atmosphere" by the use of landscaping, emphasis on pedestrian access and small-scale retail uses; and (3) the structure contains parking areas made available to the public and other users in the area.

ii. CR&D Zone Height Measurement

For each CR&D zone the average height of all structures shall not exceed 78 ft. One structure is allowed a maximum structure height of 158 ft. No other structure shall exceed 104 ft. For the purpose of applying these height restrictions, all abutting lots with a Comprehensive Plan designation of CR&D, regardless of ownership, shall be considered as being located in one CR&D zone.

Within 120 ft. of property zoned R-7.5, R-10, or R-15 no structure shall exceed 60 ft.

iii. CR&D Zone Uses Allowed in Setback

(1) The following uses may be allowed within a setback area which fronts a public road:

(a) Landscaping;

(b) Bikeways, trails, pedestrian walks and plazas;

(d) Bus shelters and other pedestrian amenities; and

(e) Identification signs.

(2) The following uses may be allowed within setback areas which are adjacent to other site areas:

(a) Landscaping;

(b) Bikeways, trails, pedestrian walks and plazas;

(d) Coordinate joint-use circulation drives, parking, loading, recreational activity areas; plazas; and

(e) Coordinated joint-use structures, subject to provisions of the Building Code.

iv. MC Zone Height Measurement

The maximum height limit shall be 95 ft. except in the MC zone located south of Kruse Way and east of Bangy Road, within which zone for no more than two structures the maximum allowable height is 175 ft. For the purpose of applying these height restrictions all adjacent lots zoned MC, regardless of ownership, shall be considered as being located in one MC zone.

v. Lake Grove Industrial Park Zone Maximum FAR

Except for commercial self-storage facilities in the Industrial Park Overlay (IPO) District, there is a maximum floor area ratio of 1.0:1 in the Lake Grove Industrial Park. The area of the Lake Grove Industrial Park is described in the Comprehensive Plan and shown in Figure 50.04.001-D: Lake Grove Industrial Park.

Figure 50.04.001-D: Lake Grove Industrial Park

(Ord. 2599, Amended, 12/18/2012; Ord. 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)