§ 16-13.006. Transitional uses, structures, requirements.

(1)

Transitional use: Where a lot in this district abuts a lot in any R-1 through R-G district at the side along the same street frontage, and without an intervening street, the first lot within this district, or the first 100 feet of such lot, if it is wider than 100 feet, shall not be used for any secured-storage facility, drive-in facility, car wash, service station, mortuary or funeral home, sales lot for automobiles, repair garage, or paint or body shop.

(2)

Transitional height planes.

(a)

No portion of any structure shall protrude through a height limiting plane beginning the specified number of feet above the point set forth in subsection 16-13.006(2)(b) below and extending inward over the C-3 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-13.006(5):

i.

R-1 through R-5;

ii.

RG-1 and RG-2;

iii.

MR-1, MR-2, and MR-MU; and

iv.

Landmark, Historic, PD, and SPI districts and district subareas having uses and densities predominantly similar to those permitted in the district classifications listed in subsections (i) through (iii) above.

(b)

Proximity to districts and measurement applications:

i.

For parcels in a C-3 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required C-3 setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in a C-3 district that are not contiguous to but are within 150 feet of a protected district, the transitional height plane shall be measured beginning 15 feet above the nearest lot line of the protected district, provided this transitional height plane shall not extend more than 150 linear feet (measured along the ground) from the protected district up to and into the C-3 district. (See diagrams at section 16-29.001(62).)

(c)

The purpose and intent of this provision is to provide protection for the named protected districts from nearby looming structures regardless of the presence of an intervening public right-of-way or park or space, public or private street or alley, or any lot or parcel remnant.

(d)

Transitional height plane measurements shall be applied to parcels on a point-by-point basis and not average grade.

(3)

Transitional yards:

(a)

Side yard: Adjacent to an R district without an intervening street, 20 feet is required which shall not be used for the purpose of parking, paving, loading, servicing or storage activity and shall be planted and/or maintained in a natural state.

(b)

Rear yard: There shall be a rear yard of 30 feet or ten percent of the depth of the lot; such rear yard, however, shall not exceed 50 feet. Said yard shall not be paved or used for parking, loading or servicing, but shall be left in an undisturbed state except where additional planting or screening shall be required.

(1)

Lots of 200-foot depth or less shall provide a rear yard of 20 feet.

(2)

Lots in excess of 200-foot depth shall provide a rear yard of ten percent of the depth of the lot but not more than 50 feet.

(3)

Said rear yard shall be left in an undisturbed state, except where additional planting or fencing is required.

(c)

Screening: Where a lot in this district abuts a lot in an R-1 through R-G district on the rear or side yard lot line without an intervening street, opaque fencing or screening not less than six feet in height shall be provided and maintained in sightly condition. See section 16-28.008(9).

(Code 1977, § 16-13.006; Ord. No. 2009-61(09-O-1076), § 3(3), 10-13-09; Ord. No. 2019-09(18-O-1581), § 10.5, 1-31-19 )