Unified Development Ordinance

Sec. 1.5.6. Build-to

Sec. 1.5.6. Build-to aaron.sheppard… Tue, 05/23/2023 - 08:54
  1. Defined
    1. The build-to is the area on the lot where a certain percentage of the front principal building facade must be located, measured as a minimum and maximum setback range from the edge of the proposed or existing right-of-way, whichever is greater.
    2. The required percentage specifies the amount of the lot width, site width, or blockface width in the case of townhouses, that must be occupied by front building façade within the build-to range, measured based on the width of the building divided by the width of the site, lot, or townhouse blockface, whichever applies.
    3. There are 2 types of build-to -- primary street build-to and side street build-to. Through lots are considered to have at least 1 primary street build-to.The designation of the primary street build-to shall follow the rules of Sec. 1.5.4.C. No build-to is required on the non-primary street frontage of a through lot.
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  2. Intent
    1. The build-to is intended to provide a range for building placement that strengthens the street edge along the right-of-way, establishing a sense of enclosure by providing spatial definition adjacent to the street.
    2. The building edge can be supplemented by architectural elements and certain tree plantings aligned in a formal rhythm. The harmonious placement of buildings to establish the street edge is a principal means by which the character of an area or district is defined.
    3. The build-to range is established to accommodate some flexibility in specific site design while maintaining the established street edge.
       
  3. General Requirements
    1. On corner lots, building façade fronting each street must be placed within the intersecting build-to range for each street. Amenity area provided in accordance with Section 1.5.6.C.4. may be used to satisfy this requirement.
    2. With the exception of parking areas, all structures and uses customarily allowed on the lot are permitted in the build-to area.
    3. When any of the items listed below are generally perpendicular to the rightof- way and located within the applicable build-to range, lot width shall be reduced by the width of the impediment for the purposes of calculating build-to percentage. To qualify, a perpendicular impediment must reduce the build-to range to less than 10’ as detailed below. For example, a 100’ wide lot with a 20’ wide perpendicular easement would be considered an 80’ wide lot when calculating build-to percentage.
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      When any of the items listed below are generally parallel to the right-of-way, located within the build-to range, and reduce the build-to range to less than 5', then the build-to range shall be reduced by 50% and measured from the edge of the impediment. For example, a lot with a 17’ parallel easement and initial build-to range of 0'/20' shall be considered to have a new build-to range of 17’/27’.
       
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      1. Riparian Buffers
      2. Floodways
      3. Areas of steep slope (defined as slopes in excess of 25%)
      4. Required Open Space as defined in Article 2.5
      5. Required Protective Yards or Landscaped areas
      6. Portions of property encumbered by electric transmission lines rated to transmit 230Kv
      7. The additional width (up to 25') of any second driveway required by this code that must cross the build-to area
      8. Tree Conservation (proposed and recorded)
      9. Private Utility Easements (pre-established and recorded)
      10. Sight Distance Triangles
      11. Public Easements on private property, including but not limited to:
        1. Storm Drainage
        2. Sanitary Sewer
        3. Water Distribution
        4. Transit
        5. Slope
        6. Pedestrian (Sidewalk and Pedestrian Passage)
        7. Greenway
    4. The required build-to percentage may be reduced by 30% when the area that would have been otherwise occupied by building facade is substituted with an outdoor amenity area meeting the requirements of Sec. 1.5.3. For example, a 70% primary street build-to could be reduced to a 49% primary street build-to under this provision.
  4. Design Alternate Findings
    The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), after conducting a duly noticed quasi-judicial evidentiary hearing in accordance with Sec. 10.2.17., shall reduce the build-to requirement, if all of the following findings are satisfied:
    1. The approved alternate is consistent with the intent of the build-to regulations;
    2. The approved alternate does not substantially negatively alter the character defining street wall or establish a build-to pattern that is not harmonious with the existing built context; and
    3. The change in percentage of building that occupies the build-to area or  increased setback does not negatively impact pedestrian access, comfort or safety.