Chapter DENSITY AND OPEN SPACE REQUIREMENTS

Similar documents
Residential Density Bonus

CHAPTER SECOND UNITS

DIVISION 7. R-6 AND R-6A RESIDENTIAL ZONES* The purpose of the R-6 residential zone is:

SECTION 822 "R-1-A" AND "R-1-AH" - SINGLE FAMILY RESIDENTIAL DISTRICTS

Title 8 - ZONING Division AFFORDABLE HOUSING. Chapter RESIDENTIAL DENSITY BONUS

Intent and purpose.

SECTION 7. RESIDENTIAL DISTRICTS

ORDINANCE NO BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

ARTICLE SCHEDULE OF REGULATIONS


May 12, Chapter RH HILLSIDE RESIDENTIAL ZONES REGULATIONS Sections:

AN ORDINANCE OF THE CITY OF MINNEAPOLIS. By Palmisano

ORDINANCE NO. O-5-10

BOROUGH OF MOUNT ARLINGTON ZONING PERMIT APPLICATION PROCEDURE 419 Howard Blvd., Mt. Arlington, NJ (973) ext. 14

The chart on the proceeding page is a summary of the uses permitted in the following zoning districts:

ARTICLE ZONING DISTRICTS AND OFFICIAL MAP SEC SUPPLEMENTAL AREA, YARD AND HEIGHT RESTRICTIONS.

R3 (MULTIPLE-FAMILY RESIDENCE)

Community Development Department City of Pismo Beach 760 Mattie Road Pismo Beach, CA Telephone: (805) / Fax: (805)

Article 3 USE DISTRICT AND REGULATIONS

Article 11. SUPPLEMENTARY DISTRICT REGULATIONS

ORDINANCE NO

CHAPTER 2 RELATIONSHIP WITH OTHER LAWS.


DT Downtown. a) Intent. The "downtown (DT) district" is designed for the commercial core of Lake Worth, primarily along Lake and Lucerne Avenues from

WHEREAS, the direction from the Study is to amend the Land Use Code in the following particulars:

(1) At least ten percent of the total units are designated for low income households.

ARTICLE I ZONE BASED REGULATIONS

ARTICLE 40 AFFORDABLE HOUSING DENSITY BONUS

Planning Commission Report

1069 regarding Accessory Dwelling Units (ADUs) were signed into law; and

ZONING COMPATIBILITY & WORKSHEET

8.14 Single Detached with Granny Flat or Coach House Edgemere

Approved 58 Unit Residential Condo Development for Sale. For Sale: Price Upon Request

GENERAL ZONING CODE DESIGN CRITERIA FOR MULTIPLE- DWELLING DEVELOPMENT

HOUSING OPPORTUNITY ORDINANCE

Town of Siler City - Unified Development Ordinance ARTICLE XII - Density and Dimensional Regulations

ORDINANCE NO ACCESSORY DWELLING UNITS

ORDINANCE NO

Re: Grand Jury Report No. 1707, Homelessness in the Cities by the Contra Costa Grand Jury

17.13 RH HILLSIDE RESIDENTIAL ZONES REGULATIONS SECTIONS:

CHAPTER 5 ZONING SECTION 5.1 PURPOSE

Lacey UGA Residential density

RM-3 District Schedule

Chapter 14C - INCLUSIONARY HOUSING [42]

6-6 Livermore Development Code

City of Piedmont COUNCIL AGENDA REPORT

SECTION 820 "R-R" - RURAL RESIDENTIAL DISTRICT

SECTION 821 "R-A" - SINGLE FAMILY RESIDENTIAL-AGRICULTURAL DISTRICT

Bulk Requirements (For other supplementary location and bulk regulations, see Article VII.)

ARTICLE 4.00 NONCONFORMITIES

5.2 GENERAL MEASUREMENT REQUIREMENTS

ORDINANCE NO

PLANNED RESIDENTIAL DEVELOPMENT (PRD)

Chapter Residential Mixed Density Zone

DRAFT FOR DISCUSSION PURPOSES ONLY SEPTEMBER 29, 2017

DRAFT Permanent Supportive Housing Ordinance Page 1 As amended by the City Planning Commission on December 14, 2017 CPC CA ORDINANCE NO.

R4 (SUBURBAN APARTMENT)

Chapter BAC (BURLINGAME AVENUE COMMERCIAL) DISTRICT REGULATIONS

LOT AREA AND FRONTAGE

ORDINANCE NO

ORDINANCE NO

ORDINANCE NO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHARDSON, TEXAS:


7.20 Article 7.20 Nonconformities

HILLS BEVERLY. Planning Commission Report. City of Beverly Hills

ORDINANCE NO AN ORDINANCE AMENDING CHAPTER OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "RESIDENTIAL ZONES"

ARLINGTON COUNTY, VIRGINIA

Chapter CN NEIGHBORHOOD CENTER COMMERCIAL ZONES REGULATIONS

RT-2 District Schedule

Sec Table of height, bulk, density and area by land use.

Chapter CONSTRUCTION CODES

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

WHEREAS, on October 6, 2015, the Planning Commission held a duly noticed public hearing and recommended the proposed Ordinance Amendments; and

City of Brisbane Memo

Chapter CC COMMUNITY COMMERCIAL ZONES REGULATIONS

ARTICLE III: LAND USE DISTRICTS 304 R 9 DISTRICT

Chapter 15: Non-Conformities

PART R3-AM-1 and R3-AM-2 ZONES, MID-RISE MULTIPLE DWELLING DISTRICT. Permitted Uses 1. The following uses are permitted:

ARTICLE 4 - ZONING DISTRICTS

Sec. 3-1 Single Family R- Use Districts.

Article 50: Business Zones

FOR SALE: $500, I-25 W Frontage Road, Santa Fe, NM 87505

NONCONFORMITIES ARTICLE 39. Charter Township of Commerce Page 39-1 Zoning Ordinance. Article 39 Nonconformities

Bunker Hill Part II Urban Design. Specific Plan. Case No. CPC SP TABLE OF CONTENTS

Section 3. Administration

Town of Moraga PLANNING DEPARTMENT

SECTION 827 "R-2" AND "R-2-A" - LOW DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS

Article XII. R-1 Agricultural-Low Density Residential District

RM-2 District Schedule

ARTICLE Nonconformities

18.15 (Residential Density Bonus) of Title 18 (Zoning) ofthe Palo Alto

ARTICLE SCHEDULE OF REGULATIONS

Zoning Permit Application Information Sheet

ARTICLE III. RESIDENTIAL ZONING DISTRICTS DIVISION 1. GENERALLY

ARTICLE XVII SCHEDULE OF REGULATIONS

ZONING CODE REVISIONS PT.1 PRIMER

CHAPTER MFR 22 Multi-Family Residential

C-2C District Schedule

RM-5, RM-5A, RM-5B, RM-5C and RM-5D Districts Schedule

ZONING BOARD OF ADJUSTMENT BOROUGH OF MOUNTAIN LAKES, NEW JERSEY. CHECKLIST Section 40-22

Transcription:

Chapter 19.52 DENSITY AND OPEN SPACE REQUIREMENTS Sections: 19.52.010 Lot coverage Requirements generally. 19.52.020 Measurement of lot coverage. 19.52.030 Lot coverage R-15 zone. 19.52.040 Lot coverage R-1 zones. 19.52.050 Lot coverage Exceptions in the R-1L zone. 19.52.060 Lot coverage R-2, R-3C, and R-3 zones. 19.52.070 Lot coverage C-1 zone. 19.52.080 Lot coverage Exclusions in residential zones. 19.52.090 Floor area Requirements generally. 19.52.100 Floor area ratio R-1C zone. 19.52.105 Floor area ratio R-1W zone. 19.52.110 Floor area ratio R-1L zone. 19.52.115 Floor area ratio R-15 zones. 19.52.120 Floor area Exceptions permitted when. 19.52.130 Density and open space R-2, R-3C and R-3 zones Requirements generally. 19.52.140 Minimum area for each apartment R-2, R-3C, and R-3 zones. 19.52.150 Minimum usable open space R-2, R-3C and R-3 zones. 19.52.160 Implementation of State density bonus law. 19.52.010 Lot coverage Requirements generally. No building or structure shall be constructed and no building permit shall be granted for construction of any building or structure on any lot if the total area of all existing and proposed buildings and structures (whether located on a private lot or on any adjacent City-owned property, and except as excluded below) will exceed in area the percentages of the total lot area in the zones set forth in Sections 19.52.030 through 19.52.060. (Ord. 91-5 1, 1991; Ord. 89-1 1 19.52.020 Measurement of lot coverage. The percent of the lot area covered by structures shall be measured by dividing the total number of square feet of horizontal ground area covered by structures, open or enclosed, whether located on a private lot or on any adjacent City-owned property, by the total horizontal area of the lot (not including any adjacent City-owned land), provided that the area of uncovered and unenclosed offstreet parking spaces, walks, patios, trellises, in-ground swimming pools or pools that do not project more than four feet above the average ground level, uncovered decks or garage aprons four feet or less above the average ground level shall not be counted in the total coverage, and provided that only one-half of the area of uncovered and unenclosed decks or balconies fifteen or more feet above the average ground level shall be counted in

the total coverage. Notwithstanding the above, in residential zones, the area of all covered off-street parking shall be included in the total coverage. (Ord. 92-8 14, 1992; Ord. 91-5 2, 1991; Ord. 89-1 1 19.52.030 Lot coverage R-15 zone. Lot coverage for covered structures in the R-15 zone shall not exceed thirty percent of the lot area, with total coverage including uncovered outdoor decks not to exceed fifty percent. (Ord. 92-8 15, 1992; Ord. 89-1 1 19.52.040 Lot coverage R-1 zones. Lot coverage for covered structures in all of the R-1 zones shall not exceed forty percent of the lot area, with total coverage including uncovered outdoor decks not to exceed fifty percent. (Ord. 92-8 16, 1992; Ord. 89-1 1 19.52.050 Lot coverage Exceptions in the R-1L zone. For buildings in the R- 1L zone that do not exceed fifteen feet in height, the maximum allowable lot coverage shall be fifty percent. (Ord. 92-8 17, 1992; Ord. 89-1 1 19.52.060 Lot coverage R-2, R-3C, and R-3 zones. Lot coverage in the R-2, R- 3C, and R-3 zones shall be fifty percent on lots adjacent to open water, excluding uncovered outdoor decks, and forty percent on other lots, excluding uncovered outdoor decks, with a total coverage not to exceed sixty percent. (Ord. 89-1 1 19.52.070 Lot coverage C-1 zone. Lot coverage in the C-1 zone shall be fifty percent, excluding all outdoor decks, garden shelters, walks, arbors, and off-street parking spaces, whether covered or enclosed or uncovered. In addition, the total floor area of all existing and proposed buildings and structures shall not exceed the total lot area (a floor area ratio of one to one). (Ord. 89-1 1 (Part), 1989.) 19.52.080 Lot coverage Exclusions in residential zones. The following shall be excluded from building and structure area in computing lot coverage in all residential zones: uncovered and unenclosed off-street parking spaces; walks; patios; trellises; eaves; in-ground pools; those portions of an uncovered and unenclosed outdoor deck or balcony either functioning as a garage apron, or located four feet or less above the average ground level beneath the deck; and one-half of the deck area of an uncovered and unenclosed outdoor deck at least fifteen feet above the average unenclosed ground level beneath it. (Ord. 2005-1 4, 2005; Ord. 89-1 1 19.52.090 Floor area Requirements generally. A. Requirements generally. No building or structure shall be constructed and no building permit shall be granted for construction of any building or structure on any lot in the R-1 or R-15 zones if the total floor area (as defined by Section 19.08.203) of all existing and proposed buildings and structures (whether located on a private lot or on any adjacent city-owned property, and except as excluded below) will exceed the floor areas for the zones as set forth in Sections 19.52.100 through 19.52.120. B. Exemption. Notwithstanding Part A of this section, where the proposed

construction is on a parcel of property in the R-1 or R-15 zones that is already improved with one or more conforming or legal nonconforming structures, the maximum total floor area permitted on the parcel shall be determined as follows: 1. For any individual parcel in the R-1 or R-15 zones that has an existing structure or structures, the permitted total floor area for that parcel shall not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s) as calculated and verified by a licensed surveyor; or b) the applicable floor area maximum for the property set forth in Sections 19.52.100 through 19.52.120. In measuring the floor area of an existing structure or structures for the purposes of this Section, the definition of floor area set forth in Section 19.08.203 in effect at the time of the application for exemption shall apply. 2. Where two or more contiguous parcels are merged into one legal parcel, the total floor area for the merged parcel shall not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s) on any one of the original parcels plus one-half the total floor area of the existing conforming and/or legal nonconforming structure(s) on the other original parcel or parcels as calculated and verified by a licensed surveyor; or b) the applicable floor area maximum for the merged property set forth in Sections 19.52.100 through 19.52.120. 3. In any application where the permitted total floor area under this Part B is based upon the floor area of existing legal nonconforming structure(s), any new construction shall conform to all applicable zoning standards for setback, height, and lot coverage; however, there will remain the discretion to consider Variances or Exceptions from the regulations of Title 19 of this Code that are consistent with those that existed at the time of the application. 4. In any application where the permitted total floor area under this Part B is based upon the floor area of existing conforming and legal nonconforming structure(s), the calculated volume in cubic feet of the new structure(s) shall be equivalent to or less than the calculated volume of the existing conforming and legal nonconforming structure(s). For the purposes of this Section, volume shall be calculated as follows: The building components of all existing and proposed structure(s) and accessory structure(s) shall be represented in simplified three-dimensional geometric forms, including all covered and enclosed areas, but excluding porches, eaves, subterranean areas, and cantilevered overhangs. Building components shall be dimensioned as verified by a licensed surveyor. The sum of the calculated volume of each and all of the threedimensional geometric forms shall be the total calculated volume. 5. In any application where the permitted total floor area under this Part B is based upon the floor area of existing conforming and/or legal nonconforming structure(s), the new structure(s) shall not materially impair the primary views or privacy of adjacent properties and views from the street to a greater extent than the impairment created by the existing conforming and/or legal nonconforming structure(s). (Ord. 2006-8 4, 2006; Ord. 91-5 3, 1991; Ord. 91-2 1., 1991; Ord. 89-1 1 19.52.100 Floor area ratio R-1C zone. On any one lot in the R-1C zone, the floor area ratio shall not exceed fifty percent, provided that the maximum total floor area on the lot shall not exceed three thousand five hundred square feet. (Ord. 98-2 1, 1998; Ord. 92-8 18, 1992; Ord. 91-2 2, 1991; Ord. 89-1 1

19.52.105 Floor area ratio R-1W zone. On any one lot in the R-1W zone, the floor area ratio shall not exceed forty percent, provided that the maximum total floor area on the lot shall not exceed four thousand two hundred forty square feet. (Ord. 98-2 2, 1998; Ord. 92-8 19, 1992.) 19.52.110 Floor area ratio R-1L zone. On any one lot in the R-1L zone, the floor area ratio shall not exceed fifty percent, provided that the maximum total floor area on the lot shall not exceed four thousand square feet. (Ord. 98-2 3, 1998; Ord. 92-8 21, 1992.) 19.52.115 Floor area ratio R-15 zones. On any one lot in the R-15 zone, the floor area ratio shall not exceed thirty-three percent, provided that the maximum total floor area on the lot shall not exceed four thousand eight hundred fifty square feet. (Ord. 98-2 4, 1998; Ord. 92-8 20, 1992; Ord. 89-1 1 19.52.120 Floor area Exceptions permitted when. A. 1. Upon a proper application for an exception to the floor area requirements stated in this Chapter, the Planning Commission may grant an exception to the floor area requirements if, based on materials submitted by the applicant for design review as set forth in Title 20, each and every one of the following findings has been found to be true a. That primary views from adjacent properties, as well as from the street, are not significantly impaired by the additional square footage; b. That there are unusual characteristics applicable to the parcel which minimize the impact of a greater floor area; c. That the proposed structure(s) are appropriate in mass, bulk, and character for the parcel, the neighborhood, and the zoning district, and meet(s) all design review criteria; d. That the additional square footage will not substantially reduce the privacy otherwise available to residents of adjoining properties. The above findings, and the specific additional square footage to be allowed in excess of the floor area requirements by grant of an exception under this Section, shall be determined by the Planning Commission according to the design review criteria set forth in Title 20 of this Code. If any one of the above findings has not been found to be true, the Planning Commission shall not grant an exception to the floor area requirements stated in this Section. Notwithstanding anything in the foregoing to the contrary, design review approval shall be required for the application prior to the grant of an exception under this Section, and any such grant of design review approval shall be made conditional upon the subsequent approval of the exception to the floor area requirements. 2. In determining to grant an application for a floor area exception under this Section, the Planning Commission shall also be guided by the following guidelines: a. A floor area exception is generally disfavored where the application proposed to create a new or expand an existing nonconformity on the property. For purposes of this Section, floor area in the existing structure that is in excess

of the requirements of this Chapter shall not be considered to be an "existing nonconformity" on the property, and the grant of a floor area exception hereunder shall not be deemed to create a "new nonconformity." Additionally, for purposes of this Section, where an applicant proposes to construct new and additional parking spaces, construction of parking structures or spaces within a setback shall not be deemed to create a nonconformity; b. A floor area exception is generally disfavored where the proposed new construction is a continuation, expansion, or subsequent phase of a project for which one or more variances were granted, which project was completed within two years prior to the floor area exception application. B. A person seeking to remodel or alter an existing structure which exceeds the maximum permitted floor area for the zone shall not be required to obtain a floor area ratio exception unless the alteration or remodel will result in a net increase in floor area on the lot. Notwithstanding the foregoing, if the proposed alteration is so extensive as to be deemed a demolition under this Title, the applicant shall be required to comply with all applicable zoning and design review standards. (Ord. 2000-2 1, 2000; Ord. 98-2 5, 1998; Ord. 95-8 1, 1995; Ord. 92-8 22, 1992; Ord. 91-2 4, 1991; Ord. 89-1 1 19.52.130 Density and open space R-2, R-3C and R-3 zones Requirements generally. No dwelling shall be constructed, altered, enlarged, placed, moved or maintained and no building permit therefor shall be issued in the R-2 zone, in the R-3C zone, or in the R-3 zone unless, in addition to the minimum lot area and other requirements imposed by this Chapter, the lot contains at least the minimum area and minimum usable open space set forth in Sections 19.52.140 and 19.52.150. (Ord. 89-1 1 19.52.140 Minimum area for each apartment R-2, R-3C. and R-3 zones. There shall be provided on each lot the following minimum area for each apartment, with the total lot area being at least equal to the total area for all such apartment units on the lot: A. R-2 zone. A minimum of four thousand square feet for each unit of three or more bedrooms, and a minimum of three thousand square feet for each unit of two or fewer bedrooms; B. R-3C and R-3 zones. A minimum of three thousand square feet for each apartment unit of three or more bedrooms, a minimum of two thousand five hundred square feet for each apartment unit of two bedrooms, and a minimum of two thousand square feet for each apartment unit of one bedroom. (Ord. 89-1 1 19.52.150 Minimum usable open space R-2, R-3C and R-3 zones. Each apartment on each lot shall have provided on such lot, for the use of such apartment's occupants, the following usable open space (consisting of outdoor spaces such as patios, courts, decks, balconies or other open space, provided in addition to the open space which naturally results from driveways, parking areas, access walks, drying and storage yards, required setbacks and yards, and the like), with private usable open space being for the exclusive use of the dwelling unit residents, and with a minimum of three square feet of common usable open space (open space shared with other apartment residents)

allowed as a substitution for each required two square feet of private usable open space. A. R-2 zone. A minimum of three hundred square feet of private usable open space shall be separately provided for each apartment, with the right to substitute three square feet of common usable space for each two square feet of required private usable open space. Landscaping of common open space shall be maintained by the lot owner. B. R-3C and R-3 zones. A minimum of two hundred square feet of private usable open space shall be provided for each apartment, with the right to substitute three square feet of required common usable open space for each two square feet of required private usable open space. Such private usable open space, if at or within four feet of ground level, shall be at least ten feet long or wide, with a physically usable area of at least one hundred fifty square feet; and if it is more than four feet above ground level, it shall be at least five feet long or wide with a physically usable area of at least fifty square feet. Common usable open space provided in lieu thereof shall be at least fifteen feet long or wide with a minimum physically usable-area of at least three hundred square feet, and with all landscaping maintained by the lot owner. (Ord. 89-1 1 19.52.160 Implementation of State density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City pursuant to California Government Code Section 65915 et seq., the City shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in California Government Code Section 65915 et seq. A. Requests for specific incentives or concessions under California Government Code Section 65915 et seq. shall be filed with the Planning Department on forms prescribed by the City. The City shall consider the request concurrently with the underlying development application. B. The City Council shall grant the concession or incentive requested by the applicant unless the City makes written findings, based upon substantial evidence, as required by California Government Code Section 65915(d)(1). The City Council shall include conditions necessary to meet the purpose and intent of the state density bonus law. (Ord. 2014-3 10, 2014)