Unified Development Ordinance

Sec. 3.5.1. Applicability

Sec. 3.5.1. Applicability aaron.sheppard… Tue, 05/23/2023 - 10:04
  1. The following neighborhood transition standards apply in the Mixed Use and Campus Districts when the following occurs:
    1. The site immediately abuts a district boundary of an R-1, R-2, R-4, R-6, or R-10 district, where the abutting property is vacant or contains an existing detached house, tiny house, or attached house; or
    2. The site immediately abuts a district boundary of a Planned Development (PD-) district where the abutting property is vacant or contains a detached house, tiny house, or attached house and any of the following apply:
      1. Has a residential reference district; or
      2. Does not permit general and mixed-use buildings; or
      3. Does not permit commercial and industrial uses.
  2. Zone B does not apply to sites 50 feet or less in depth. In such cases, Zone C starts immediately adjacent to the Zone A protective yard.
  3. Neighborhood transitions do not apply to single-unit living, two-unit living or cottage court uses within detached house, tiny house attached house or townhouse building types where the proposed or existing building height is 50 feet or less.
  4. Zones B and C do not apply to detached house, tiny house attached house, townhouse or apartment building types in a mixed-use district where the proposed or existing building height is 50 feet or less, provided the proposed use is also permitted in RX- and adheres to any applicable RX- and underlying zoning district use standards.
  5. Zones B and C do not apply to detached house, tiny house, attached house, townhouse or apartment building types in the TOD, including for Residential districts where RX- standards are used (See Sec. 5.5.1)
  6. Where an intervening alley is located between the residential property and the Mixed Use District or Campus District, the transition regulations apply. One half of the width of the alley shall be included in the required transition yard measurement and shall be first applied to the required width of Zones A and B and then to Zone B. In all cases, landscaping, fences and walls shall not be required where there is an intervening alley.
  7. In addition to the alley transition described in paragraph D, the Historic Alley Transition described in Section 3.5.6 is available where an alley lies between a residential district and a mixed use district and the following conditions are met:
    1. The alley abuts or lies within a National Register Historic District; and
    2. The mixed-use parcel has not within the last two years contained a structure that is, or was, individually designated as a local, State, or national historic landmark.
Supplement Number
28