§ 25-2-773 - DUPLEX, TWO-UNIT, AND THREE-UNIT RESIDENTIAL USES.
(A) To the extent of conflict, this section supersedes the base zoning district regulations.
(B) For a duplex, two-unit, and three-unit residential use:
(1) minimum lot area is 5,750 square feet;
(2) minimum front yard setback is 15 feet;
(3) minimum rear yard setback is:
(a) the base zoning district minimum rear yard setback; or
(b) five feet when the lot is adjacent to:
(i) an alley; or
(ii) another lot with a use that is permitted in a multifamily base zoning district or less restrictive base zoning district;
(4) minimum street-side yard setback for a lot located on a corner and:
(a) on a Level 1 street is the greater of five feet from the property line or 10 feet from curb, or in the absence of curbs, from the edge of the pavement; or
(b) on a Level 2, Level 3, or Level 4 street is 10 feet from the property line;
(5) minimum number of street-facing entrances is one;
(6) maximum building coverage is 40 percent; and
(7) maximum impervious cover is 45 percent.
(C) Design Standards Applicable to Duplex, Two-Unit, and Three-Unit Residential Use.
(1) Porches.
(a) A porch that is open on three sides may project into the front yard and include a roof.
(b) A porch that projects into the front yard must be at least 15 feet from the front lot line.
(c) A porch roof or overhang must be at least 13 feet from the front lot line.
(2) Impervious Cover and Parking Placement.
(a) Impervious cover in a front yard may not exceed 40 percent.
(b) The director may waive front yard impervious cover limitations if the director determines backing a motor vehicle onto the adjacent roadway is unsafe and that a circular driveway or turnaround in the front yard is required.
(c) Not more than four parking spaces may be located in the front street yard, or for a corner lot, not more than four parking spaces may be located in the front street yard and side street yard combined.
(3) Garage Placement.
(a) In this subdivision,
(i) BUILDING FACADE means the front-facing exterior wall or walls of the first floor of the residential structure closest to the primary street, and the term excludes the building façade of the portion of that structure designed or used as a parking structure. Projections from front-facing exterior walls, including but not limited to eaves, chimneys, porches, stoops, box or bay windows, and other similar features as determined by the building official, are not considered part of the building façade.
(ii) PARKING STRUCTURE means an attached or detached garage or carport.
(b) A parking structure may not be closer to the front lot line than the front-most exterior wall of the first floor of the building façade.
(c) If a parking structure with an entrance that faces a front yard abutting public right-of-way is less than 20 feet behind the building façade, the width of the parking structure may not exceed the width of the building façade as measured parallel to the front lot line.
(D) Reserved.
(E) This subsection applies to the area established in Subsection 1.2.1 of Chapter 252, Subchapter F (Residential Design and Compatibility Standards).
(1) In this subsection,
(a) EXISTING DWELLING UNIT means a dwelling unit that is:
(i) legally permitted and occupied before December 7, 2023; or
(ii) described in an application for a residential permit that was submitted on or before December 7, 2023.
(b) GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls, except as provided in this subsection.
(2) Gross Floor Area Exclusions.
(a) For a property that includes an existing dwelling unit that was constructed on or before December 31, 1960, the property owner may exclude the preserved square footage from the gross floor area if the requirements in Subsection (F) are met.
(b) For a property that includes an existing dwelling unit that was constructed on or after January 1, 1961, and is at least 20 years old, the property owner may exclude the preserved square footage from the gross floor area if the requirements in Subsection (F) are met.
(3) Floor-to-area ratio for a duplex or two-unit residential use.
(a) The maximum floor-to-area ratio for the site is the greater of 0.55 or 3,200 square feet.
(b) Except for an existing dwelling unit, a dwelling unit may not exceed the greater of 0.4 or 2,300 square feet.
(4) Floor-to-area ratio for three-unit residential use.
(a) The maximum floor-to-area ratio for the site is the greater of 0.65 or 4,350 square feet.
(b) Except for an existing dwelling unit, a dwelling unit may not exceed the greater of 0.4 or 2,300 square feet.
(c) Except for two existing dwelling units.
(i) two dwelling units may not exceed the greater of 0.55 or 3,200 square feet if an existing unit on the site is not preserved; or
(ii) two dwelling units may not exceed the greater of 0.65 or 4,350 square feet if an existing unit on the site is preserved under Subsection (F).
(F) Preserving Existing Dwelling Units. This subsection applies to an applicant who chooses to preserve an existing dwelling unit and wants the preserved square footage excluded from gross floor area as described in Subsection (E).
(1) General.
(a) In order to exclude the preserved square footage from the gross floor area, an applicant must comply with the requirements in this subsection and the rules adopted by the building official.
(b) An applicant must submit a request on a form approved by the building official and include all of the information required by the building official.
(c) The building official may adopt requirements for administering and enforcing this subsection. Because this program includes preserving existing dwelling units, the building official's requirements should incorporate the historic preservation officer's feedback as needed.
(2) If the existing dwelling unit was constructed on or before December 31, 1960, the following applies:
(a) The property owner must preserve at least 50 percent of the existing dwelling unit and 100 percent of the street-facing façade.
(b) The property owner must limit alterations and remodels to the existing dwelling unit as described in this paragraph.
(i) For a structure with a side-gabled, cross-gabled, hipped, or pyramidal roof form, the property owner must limit remodeling and alterations to the area behind the existing dwelling unit's roof ridgeline or peak.
(ii) For a structure with a front-gabled, shed roof or flat roof form, the property owner must limit remodeling and alterations to the lesser of 15 feet from the front façade of the existing dwelling unit or one-half of the width of the front wall of the existing dwelling unit.
(c) If the development requires a 15-foot clearance on the side of the existing dwelling unit to build other allowable dwelling units, an existing or converted carport or garage may be altered or removed to provide the clearance.
(d) If the property is designated as a historic landmark or located within a historic district, the Historic Design Standards or applicable design standards apply and control over this subsection.
(3) If the existing dwelling unit was constructed on or after January 1, 1961, and is at least 20 years old, the property owner must preserve at least 50 percent of the existing dwelling unit.
Source: Section 13-2-254; Ord. 990225-70; Ord. 000309-39; Ord. 030605-49; Ord. 031120-44; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022; Ord. 20080618-093; Ord. No. 20231102-028, Pt. 12, 11-13-23; Ord. No. 20231207-001, Pt. 8, 12-18-23; Ord. No. 20250227-039, Pt. 2, 10-1-25; Ord. No. 20250424-073, Pt. 1, 5-5-25.
