§ 16-32.009. Transitional uses and yards.

1.

Adjoining lot in same frontage. 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, such lot within this district, or the first 100 feet on such lot if it is wider than 100 feet, shall not be used for any drive-in facility, car wash, service station, mortuary or funeral home, sales lot for automobiles, repair garage, or paint and body shop even where otherwise specifically authorized.

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 16-32.009(2)(b) below and extending inward over the NC district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-32.009(2):

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 an NC district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required NC setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in an NC 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 NC 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 and rear yards. Where this district adjoins a district in R-1 through R- G and PD-H classification without an intervening street, a minimum of 20 feet is required which shall not be used for the purpose of parking, paving, loading, servicing or any other activity with the exception of private alleys or drives up to ten feet in width. Areas in such yards which are not used as private alleys or drives shall be planted as approved by the city arborist and maintained as a landscaped buffer.

b)

Screening. In addition to the above side and rear yard requirements, permanent opaque walls six feet in height shall be provided and shall be maintained in sightly condition.

4.

Fire code safety requirements. A building shall either be constructed on the lot line or shall be set back a minimum distance of five feet from the lot line, except as required for a transitional yard.

(Ord. No. 2000-52, § 1, 9-26-00; Ord. No. 2019-09(18-O-1581), § 10.19, 1-31-19 )