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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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Agenda Packet
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Clerk of the Council
Item #
33
Date
1/17/2023
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<br />Ordinance No. NS-XXX <br />Page 39 of 54 <br /> <br />that it does not prevent two (2) primary dwelling units on the lot at eight <br />hundred (800) square feet each. <br /> <br />(6) Setbacks. <br /> <br />(A) Generally. All setbacks must conform to those objective setbacks that <br />are imposed through the underlying zone. <br /> <br />(B) Exceptions. Notwithstanding subsection j(6)(A) above: <br /> <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 /> <br />(ii) Eight hundred (800) sf; four-foot side and rear. The setbacks <br />imposed by the underlying zone must yield to the degree <br />necessary to avoid physically precluding the construction of <br />up to two (2) units on the lot or either of the two (2) units from <br />being at least eight hundred (800) square feet in floor area; <br />but in no event may any structure be less than four (4) feet <br />from a side or rear property line. <br /> <br />(C) Front Setback Area. Notwithstanding any other part of this Code, <br />dwellings that are constructed after an urban lot split must be at least <br />twenty-five (2025) feet from the front property lines. The front setback <br />areas must: <br /> <br />(i) Be kept free from all structures greater than three (3) feet high; <br /> <br />(ii) Be at least fifty (50) percent landscaped with drought-tolerant <br />plants, with vegetation and irrigation plans approved by a <br />licensed landscape architect; and <br /> <br />(iii) Allow for vehicular and fire-safety access to the front structure. <br /> <br />(7) Parking. Each new primary dwelling unit that is built on a lot after an urban <br />lot split must have at least one (1) off-street parking space per unit unless <br />one (1) of the following applies: <br /> <br />(A) The lot is located within one-half (½) mile walking distance of either: <br /> <br />(i) A corridor with fixed route bus service with service intervals <br />no longer than fifteen (15) minutes during peak commute <br />hours; or <br /> <br />(ii) A site that contains: <br /> <br />(ia) An existing rail or bus rapid transit station; or
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