Unified Development Ordinance

Sec. 2.2.7. Residential Infill Compatibility

Sec. 2.2.7. Residential Infill Compatibility aaron.sheppard… Tue, 05/23/2023 - 09:20
  1. Intent
    The intent of the residential infill compatibility standards is to accommodate and encourage compatible development in existing residential neighborhoods, while reinforcing the established character of the neighborhood and mitigating adverse impacts on adjacent homes.
  2. Applicability
    1. The standards contained within this section apply to any building in an R-4, R-6 or R-10 district where all of the following are present:
      1. The total site area is 5-acres or less;
      2. The subject lot's primary street frontage is on a street section that was platted for at least 20 years including subsequent right-of-way dedications;
      3. If a comparative sample can be defined and at least four of the principal buildings, or three for a corner lot, contained in the comparative sample have primary street frontage on a street section that has been platted for at least 20 years including subsequent right-of-way dedications. The comparative sample is derived by the four closest principal buildings, or three for a corner lot, along the same block face of the street within 300 feet of and oriented toward the same street as the subject lot. The sample need not be equally distributed on either side of the subject lot. When a comparative sample of four principal buildings, or three for a corner lot, cannot be derived, then the minimum setback of the underlying zoning district applies.
        1. These rules do not apply to lots where more than 50% of the primary street property line abuts a cul-de-sac bulb and these lots shall not count as part of a comparative sample for other lots.
        2. Where an addition is proposed to a detached or attached house, the existing principal building on the lot shall be considered an addition to the comparative sample.
        3. Where an official survey demonstrates the location of a detached or attached house, and that structure has been in that location within the last 365 days, the proposed principal building may be located within 10% of the same primary street setback as the existing detached or attached dwelling or as prescribed by the rules in Sec. 2.2.7.C., below, whichever the applicant chooses.
        4. Where a demolition permit for a principal building has been obtained on a lot, that lot shall be considered vacant for the purposes of determining a comparative sample. Where a building permit has been obtained for a principal building on a lot, the building shall be considered for the purposes of determining a comparative sample.
    2. When a lot is subject to the residential infill compatibility standards and the lot is located within a Neighborhood Conservation Overlay District that regulates any component herein, the Neighborhood Conservation Overlay District regulation shall apply for that specific component.
    3. These infill compatibility rules do not apply in the Transit Overlay District, Historic Districts, Street Side Historic Overlay Districts, or to Historic landmarks.
  3. Street Setback (Minimum and Maximum)
    The primary street setback for principal buildings shall be determined by the comparative sample context of the block face as outlined in the following subsections:
    1. The proposed building must be located within either of the following ranges:
      1. No closer than the smallest primary street setback, and no further that the largest primary street setback in the comparative sample as set forth in Sec. 2.2.7.B.1.c. above; or
      2. As determined by the table below based on the subject lot's width and the median of setbacks within the comparative sample as set forth in Sec. 2.2.7.B.1.c. above.
         
        Subject Lot Width Modification to Median
        50 feet or less Within 10% of median
        More than 50 feet up to 65 feet Within 15% of median
        More than 65 feet up to 80 feet Within 20% of median
        More than 80 feet Within 25% of median
         
    2.  Comparative sample setbacks are measured from the outer wall of preexisting principal buildings within the comparative sample and do not include the building feature encroachments authorized by Sec. 1.5.4.D.
    3. When differences in right-of-way widths exist between the subject property and comparative sample properties, the comparative primary street setbacks shall be measured and applied from the centerline of the primary street rather than the property line along the primary street.
    4. The setback range may be adjusted pursuant to Section 1.5.6.C.3.
  4. Height
    1. Side Wall Plane Height and Setback
      The maximum allowed wall plane height adjacent to the side property line is 25 feet or the average height of the 2 abutting neighboring wall planes whichever is greater. The wall plane height may be increased 1 foot for each foot of horizontal distance the wall is moved from the side setback line, not to exceed the maximum height allowed within the district. When a side wall incorporates a recession or projection of 2 feet or more, multiple side wall plane heights shall apply. Each side wall plane's height is determined by averaging the four points consisting of the highest and lowest elevations of each of pre-development and post-development grades along that side wall of the building. In the event the average post-development grade along the side wall of the building is lower than the average pre-development grade along that wall, then side wall plane height shall be measured from the average post development grade.
    2. Exceptions to Setback Plane
      1. Side-Gabled Roof
        A side-gabled roof structure may extend above the side setback plane on each side of the building, for a total length of not more than 30 feet (A) on each side, measured from the front wall plane.
      2. Dormers
        Dormers may also extend above the side setback plane on each side of the building for a total length of not more than 15 feet (B) on each side, measured along the intersection with the setback plane.
         
        dormers


         
  5. Side Wall Length
    Articulation is required for side walls on additions or new construction that are 22 feet or taller and located within 15 feet of the side lot line. No wall may extend for more than 50 feet without a projection or recession of at least 4 feet in depth and 10 feet in length.
     
    side wall

     
  6. Driveway and Parking Setbacks
    Driveways and parking spaces must be located a minimum of 2.5 feet from the side and rear lot lines. However, a driveway may be located on the lot line closer than 2.5 feet if it is shared with an adjacent lot or when a no-build easement is secured and recorded on the adjacent lot that guarantees a minimum separation of 5 feet from the encroaching driveway and any impervious surfaces or structures on the adjacent lot. Fences and walls on either lot require a 2.5 feet separation from the encroaching driveway. All driveways and parking areas existing prior to January 1, 2019 shall not be deemed nonconforming solely because of this regulation or a parking setback specified in Chapter 2.