§ 16-33.008. Transitional uses and yards.

1.

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 16-33.008(1)(b) below and extending inward over the LW district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-33.008(1):

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

ii.

For parcels in an LW 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 LW 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.

2.

Transitional yards.

a.

Where this district adjoins residential districts R-1 through R-5, R-G, MR, RLC, or PD-H district with a height limitation less than the subject district, without an intervening street or without meeting the conditions in subsection 16-33.008(2)(b) of this chapter, 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. Such yards shall be planted as approved by the city arborist and maintained as a landscaped strip.

b.

Where this district adjoins an R-G, MR, RLC, PD-H, NC, or MRC district and contains a building, structure, or use located in both zoning districts, a transitional yard is not required, provided that the portion of the building, structure, or use within 20 feet of the R-G, MR, RLC, PD-H, NC or MRC zoning district shall only contain principal or accessory uses and structures permitted such district.

c.

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

(Ord. No. 2002-41, § 1, 5-28-02; Ord. No. 2019-09(18-O-1581), § 10.20, 1-31-19 )