Sec. 90-535. - Same—Building height; yards.

The following property development standards for building height and yards, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district:

(1)

Building height.

a.

No building or structure erected in this district shall have a height greater than two stories, not to exceed 35 feet. If the building height of developed buildings in a more restrictive and abutting district exceeds these provisions, this height restriction may be waived by the commission. Such waiver shall not exceed the

height of the existing abutting development or the maximum building height permitted in the more restrictive abutting district, whichever is lower.

b.

No accessory building erected in this district shall have height greater than one story, not to exceed 12 feet to plate height.

c.

Exceptions: The provisions of the R-1-6 district, subsection 90-294(4)c, shall apply.

(2)

Yards.

a.

General yard requirements.

1.

All required yards shall extend the full width or depth of the lot and shall be open from the ground to the sky except as provided in subsection (2)e of this section.

2.

Front, side and rear yards adjacent to a street shall be landscaped and maintained. Other yards may be used for parking or loading.

3.

No main building shall be erected within 50 feet of the right-of-way of any railroad line.

4.

Swimming pools shall not be located in any required front yard, nor shall they be located closer than five feet from any side or rear property line, and they shall be enclosed as required in subsection 90-537(2)b.

b.

Front. Each lot shall have a front yard of not less than 15 feet.

c.

Side. Each lot shall have a side yard as follows:

1.

When abutting a C district, the side yard shall be not less than ten feet for residential uses, and five feet for nonresidential uses.

2.

When abutting an R district, the side yard shall be equal to ten percent of the lot width, measured at the front property line, but in no case shall be less than five feet nor required to be more than ten feet.

3.

On corner lots, unless otherwise specified in this Code, the side yard abutting the street shall be not less than ten feet in width.

4.

On a reversed corner lot, the side yard abutting the street shall be not less than 15 feet. Private garages located in the side yard shall be at least 20 feet from the property line on the side street, and not less than five feet from the rear property line on the reversed corner lot.

d.

Rear. Each lot shall have a rear yard of ten feet.

e.

Exceptions: Permitted projections into required yards: The provisions of the R-1-6 district, subsection 90295(5), shall apply; provided, however, on a corner lot such permitted projections may extend or project not more than five feet into a side yard on a street.

Sec. 90-536. - Same—Space between buildings.

The following property development standards for space between buildings, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district.

(1)

Nonresidential buildings: No requirements.

(2)

Residential requirements:

a.

Minimum space between exterior walls of main buildings on the same lot.

1.

For buildings side to side, the minimum space shall be ten feet.

2.

For buildings rear to side, front to side, with entries or exits into space, the minimum space shall be 15 feet.

3.

For buildings front to rear, rear to front with entries into space, the minimum space shall be 20 feet.

4.

For buildings front to front arranged about an interior court, permitting a ten-foot driveway in the interior court, the driveway being access to a parking area or building, the minimum space shall be 30 feet. Without the driveway the space shall be 25 feet. Unenclosed porch or entry facilities may extend into a required yard or space not more than three feet. A porch cover may extend into the space not more than 18 inches.

5.

In no event shall the minimum space between main buildings be less than ten feet.

b.

Minimum space between exterior walls of main buildings and accessory buildings on the same lot.

1.

Garages and other nondwelling structures shall be located not less than six feet from any main building unless such structure is attached to the main building with a common wall or party wall.

2.

Where a garage is located within the area defined by the projections of the side lines of any main building, and where the garage faces and is detached from any main building and the vehicular access to the garage falls entirely or in part within the area, the garage shall be not less than 25 feet from the main building or buildings.

3.

Where accessory buildings are attached to a main building by a breezeway roof, the provisions of subsections (2)b.1 and (2)b.2 of this section shall apply.

4.

The minimum distance between accessory buildings shall be not less than six feet unless the buildings have a common or party wall.

Sec. 90-537. - Same—Lot coverage; fences, hedges and walls; off-street parking.

The following property development standards for lot coverage, fences, hedges and walls and off-street parking, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district:

(1)

Lot coverage. Maximum lot coverage by buildings and structures shall not exceed 50 percent of the total lot area.

(2)

Fences, hedges and walls.

a.

The general conditions, section 90-883, shall apply.

b.

Where a C-P lot sides or rears on a residential district, a solid masonry wall not less than five nor more than six feet in height shall be erected along the property line, as follows:

1.

Where the district boundary is at a rear lot line which is not on a street, the wall shall be on that line.

2.

Where the district boundary is on a side lot line which is not on a street, the required wall shall be on or parallel with the lot line. The wall shall be reduced in height to three feet within the area defined by a line which is the prolongation of the front yard required in the abutting residential district.

3.

Where the district boundary is a street, any wall constructed along the street in either a front yard or side yard shall be set back from the property line a distance of ten feet and shall not exceed 3½ feet in height; the space between the wall and the property line to be landscaped and maintained.

(3)

Off-street parking.

a.

For residential parking, the provisions of section 90-885 shall apply.

b.

For parking for nonresidential uses, there shall be at least three parking spaces per 1,000 square feet of floor area, except that for uses specifically mentioned therein, the parking requirements of section 90-886 shall apply.

c.

For nonresidential uses, the parking area shall be provided:

1.

On the lot with the building or uses being served.

On a contiguous lot in the C-P district.

d.

The improvement and maintenance standards of section 90-887 shall apply to all parking.

(Ord. No. 909, § 1, 4-21-94)

Sec. 90-538. - Same—Access; outdoor advertising; loading space.

The following property development standards for access, outdoor advertising and loading space, together with the property development standards in the general conditions, section 90-881 et seq., shall apply to all land and structures in the C-P district:

(1)

Access.

a.

There shall be adequate vehicular access to off-street parking facilities from a dedicated and improved street, service road or alley. The design of the access shall be approved by the department of public works as able to withstand commercial usage.

b.

There shall be no vehicular access to residential property from arterials or major highways as shown on the circulation element of the general plan, except where lots were of record on October 5, 1982, and where such access cannot be provided by way of an alley or service road. The lots shall have adequate turning area to permit motor vehicles to head into the highway.

c.

If vehicular access to the lot is via an alley, there shall be provided as a minimum pedestrian accessway a side yard at least five feet in width from the street frontage to the alley at the rear. For other yard requirements, see subsection 90-535(2).

d.

If vehicular access is via a driveway parallel with a side lot line, there shall be an accessway of not less than ten feet from the street or alley to the building site for both pedestrian and vehicular access.

(2)

Outdoor advertising. The provisions of section 90-891 (Signs) shall apply.

(3)

Loading space. For nonresidential uses, the provisions of section 90-892 shall apply.

(Ord. No. 1092, Exh. A, 7-19-07)