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NS-3038 - Amendment to Municipal Code Ch. 41 (Zoning)
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NS-3038 - Amendment to Municipal Code Ch. 41 (Zoning)
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Last modified
10/24/2023 5:52:17 PM
Creation date
2/14/2023 9:56:52 AM
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City Clerk
Doc Type
Ordinance
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Clerk of the Council
Doc #
NS-3038
Item #
6
Date
2/7/2023
Destruction Year
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(B) A primary dwelling that was legally established prior to the urban lot split <br />and that is larger than eight hundred (800) square feet is limited to the <br />lawful floor area at the time of the urban lot split. It may not be expanded. <br />(C) A primary dwelling that was legally established prior to the urban lot split <br />and that is smaller than eight hundred (800) square feet may be <br />expanded to eight hundred (800) square feet after the urban lot split. <br />(3) Height Restrictions. <br />(A) On a resulting lot that is smaller than two thousand (2,000) square feet, <br />no new primary dwelling unit may exceed two (2) stories or twenty-two <br />(22) feet in height, measured from finished grade to peak of the structure. <br />Any portion of a new primary dwelling that exceeds one (1) story must <br />be stepped back by an additional five (5) feet from the ground floor; no <br />balcony deck or other portion of the second story may project into the <br />stepback. <br />(B) No rooftop deck is permitted on any new or remodeled dwelling or <br />structure on a lot resulting from an urban lot split. <br />(4) Lot Coverage. The maximum building coverage of net lot area shall be thirty- <br />five (35) percent. If new structures are proposed to be one-story and be deed <br />restricted to be maintained as one-story structures in perpetuity, a fifty (50) <br />percent lot coverage is allowed. This lot coverage standard is only enforced <br />to the extent that it does not prevent two (2) primary dwelling units on the lot <br />at eight hundred (800) square feet each. <br />(5) Open Space. Private open space shall be provided for each unit at a minimum <br />of one hundred (100) square feet in the form of a private covered patio or <br />deck. The minimum dimensions of such space shall be eight (8) feet in each <br />direction. This open space standard is only enforced to the extent that it does <br />not prevent two (2) primary dwelling units on the lot at eight hundred (800) <br />square feet each. <br />(6) Setbacks. <br />(A) Generally. All setbacks must conform to those objective setbacks that <br />are imposed through the underlying zone. <br />(B) Exceptions. Notwithstanding subsection j(6)(A) above: <br />(i) Existing Structures. No setback is required for an existing <br />legally established structure or for a new structure that is <br />constructed in the same location and to the same dimensions <br />as an existing legally established structure. <br />Ordinance No. NS-3038 <br />Page 38 of 54 <br />
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