Sec. 48-212. - Floor area ratios.
Sec. 48-213. - Building setback lines.
Sec. 48-217. - Ground floor level transparent windows ("transparency").
Secs. 48-218—48-235. - Reserved.
(a)
Generally. Except as specified in the following subsections of this section, the height of a building or structure hereafter erected or altered in respect to height in a commercial district shall not exceed that given in the following table:
| District | Height in Stories | Height in Feet |
| C-1 and C-1-A | 3 | 47 |
| C-2 | 15 | 180 |
| C-2-A | None prescribed | None prescribed |
| C-3 | 15 | 180 |
| C-4 | None prescribed | None prescribed |
| C-5 | 4 | 55 |
| C-6 | None prescribed | None prescribed |
(b)
Exceptions—Generally. The height of a building or structure as specified in subsection (a) of this section may be exceeded in the following instances:
(1)
A public school, any other public building, a parochial school, church, private club or lodge, hospital or charitable institution may be erected to a height of four stories or 60 feet in a C-1 district; provided, in each case, that it shall be distant not less than five feet from any party lot line.
(2)
A dome, spire, cupola, belfry, chimney or pinnacle serving as an architectural embellishment may be erected in any district to a height in excess of that authorized in subsection (a) and subsection (b)(1) of this section for the district in which it is located; provided, that the aggregate area of the bases of all such structure does not exceed 25 percent of the ground floor area of the building.
(3)
A scenery loft, roof bulkhead, stair or elevator enclosure, structure housing air-conditioning equipment or machinery, or one-level roof garden may be erected in any district to a height in excess of that authorized in subsection (a) and subsection (b)(1) of this section; provided, that the aggregate horizontal projected area thereof does not exceed 40 percent of the ground floor area of the building.
(4)
In any district, the provisions of this section do not apply to flagstaffs, radio or television towers, water tanks or towers or hose towers.
(5)
Any emergency sirens included in the city-wide emergency warning system that are installed and operated by the office of emergency management in accordance with chapter 7 of the City Code.
(c)
Same—Special provisions applicable to C-4 districts. In any C-4 district, except as herein specified, no building or structure with a height in excess of twice the width of the street on which it fronts shall have a height at the street line greater than twice such street width; it may, however, be erected to a greater height; provided, that no part of any wall shall extend above a sloping line starting at the point of the maximum permitted height at the street line and setting back one foot for each additional six feet in height. In the case of a corner lot and for this purpose only, all streets shall be considered to be of the same width as the widest of the streets to which the lot extends, within a distance of 150 feet measured along the street line from the point of intersection of any such street with any such wider street and within the same district.
(Code 1968, § 48-26; Ord. No. 04-082(sub 1), § 2, 12-9-04)
Sec. 48-212. - Floor area ratios.
The maximum permitted floor area ratio in a commercial district shall be as given in the following table:
| District and Use | Floor Area Ratio | |
| C-1 and C-1-A: All uses | 1.5 | |
| C-2: All uses | 5.0 | |
| C-2-A: All uses | 1.0 | |
| C-3: All uses | 6.0 | |
| C-4: | ||
| Apartment house | 6.0 | |
| All other uses | 20.0 | |
| C-5: All uses | 3.0 | |
| C-6: All uses | 10.0 | |
(Code 1968, § 48-27)
Sec. 48-213. - Building setback lines.
(a)
C-1 and C-1-A districts. Any building erected in a C-1 or C-1-A district shall be set back from any street line a minimum distance of ten feet, except as provided in section 48-473 and as set forth in this subsection:
(1)
Uncovered steps or a one-story open porch may project not more than eight feet beyond the building setback line.
(2)
The provisions of this subsection shall not apply to any fence or railing which is less than one-fourth solid or less than six feet high above the ground.
(b)
C-2, C-3, C-4 and C-5 districts generally. No setbacks, other than one required under subsection (c) of this section, shall be required in a C-2, C-3, C-4, or C-5 district; except, that in a C-2 district, if existing buildings within 100 feet of the side lot lines of the lot in question and within the same block front, and within the same or a more restrictive zoning district, are set back from the street line, a proposed building shall be set back from the street line a distance equal to the average setback of such existing buildings, but in no case need it be set back more than 15 feet, with the same exceptions as are provided in C-1 districts under subsection (a) of this section.
(c)
Special provisions applicable to C-4 districts. In a C-4 district a building erected to a height exceeding twice the width of the street on which it fronts, or in the case of a corner lot the widest of the streets on which it fronts, shall set back above such height so as not to project beyond the sloping line established under section 48-211(c).
(d)
C-6 districts. Any building or structure hereafter erected in a C-6 district shall be set back from any street line a minimum distance of ten feet.
(e)
Commercial districts. In commercial districts, no fire escape shall be permitted to be located on, along, or attached to any side of any building that faces the right-of-way along any street line; provided, however, that a fire escape may be so located and face the right-of-way along a street line if such placement has been determined to be necessary for use by the occupants of the building or structure in an emergency and has been specifically approved for the same by the commissioner of licenses and inspections.
(f)
Downtown design district. Within the downtown design district, existing average setback of any building shall be maintained, except that in the absence of an existing average building setback, a building setback of not more than ten feet shall be maintained unless a greater building setback is approved by the zoning board of adjustment.
(Code 1968, § 48-28; Ord. No. 97-066(sub 2), § 1, 1-8-98)
(a)
Generally. Except as specified in the following subsections of this section, a rear yard shall be provided on every lot in a commercial district, the minimum depth of which shall be as prescribed in the following table:
| District and Use | Minimum Depth of Rear Yard at Any Level, Except Where Specified | |
| C-1 and C-1-A: All uses | 20 feet. | |
| C-2: | ||
| Residential uses | 4 inches per foot of vertical distance from the average level of the finished grade along the rear wall of the building to the highest point of the main roof, but in no case less than 15 feet. | |
| Other uses | 15 feet for a height up to 45 feet above the average level of the finished grade along the rear wall of the building, and increasing 4 inches in depth for each additional foot of height above that level | |
| C-3, C-4: | ||
| Residential uses | 15 feet for a height up to 35 feet above the average level of the finished grade along the rear wall of the building, and increasing 4 inches in depth for each additional foot of height above that level | |
| Other uses | 10 feet for a height up to 35 feet above the average level of the finished grade along the rear wall of the building, and increasing 3 inches in depth for each additional foot above that level | |
| C-5: All uses | 15 feet | |
| C-6: All uses | None required | |
(b)
Exceptions—C-2, C-3, C-4 and C-6 districts. In a C-2, C-3, C-4 or C-6 district, no rear yard shall be required on a corner lot or within 60 feet of any front street line; except, that in the case of a residential or institutional building on a corner lot, a rear yard not less than ten feet in depth is required.
(c)
Same—Through Lots. In the case of a through lot in any commercial district, no rear yard is required, but each street frontage shall be subject to the building setback line required under section 48-213 for the district in which it is located.
(d)
Exceptions—C-5 districts, when rear lot line coincides with the boundary of a residence district. When a rear lot line coincides with the boundary of a residence district, the rear yard shall include a five-foot wide landscape buffer along such lot line. For expansion of an existing building on such property, the rear yard shall include a landscape buffer along the rear lot line in the area of the expansion. The landscape buffer shall be planted with groundcover, trees, shrubs or evergreens to produce a complete visual screen at least six feet high, to be maintained by the C-5 property owner.
(Code 1968, § 48-29; Ord. No. 02-021, § 1, 6-6-02)
(a)
Generally. Except as provided in the following subsections of this section, no side yard shall be required for any lot in a commercial district, except when required by section 602 of the building code of the city.
(b)
Certain buildings on lots adjoining residence districts. In the case of a building more than three stories in height on a lot adjoining a residence district, a side yard shall be required along the side lot line coinciding with the district boundary, such side yard to have a minimum width of one-fourth of the height of the nearest outside wall of the building measured from the average level of the finished grade along such wall, but not less than eight feet.
(c)
Minimum width when provided but not required. If a side yard is provided where not required, it shall be not less than four feet wide.
(d)
Exceptions—C-5 districts, when side lot line coincides with the boundary of a residence district. For new construction or the expansion of an existing building on a property where a side line coincides with the boundary of a residence district, the side yard along such lot line shall have a minimum width of eight feet. In the case of a building more than three stories or 30 feet in height, the side yard along such lot line shall have a minimum width of ten feet. No structure, manufacturing or processing activity, access drives, parking or storage of materials shall be permitted in such side yard.
(e)
Exceptions—C-5 districts, when side lot line coincides with the boundary of a residence district. When a side lot line coincides with the boundary of a residence district, the side yard shall include a five-foot wide landscape buffer along such lot line. For expansion of an existing building on such property, the side yard shall include a landscape buffer along the side lot line in the area of the expansion. The landscape buffer shall be planted with groundcover, trees, shrubs or evergreens to produce a complete visual screen at least six feet high to be maintained by the C-5 property owner.
(Code 1968, § 48-30; Ord. No. 02-021, § 1, 6-6-02)
(a)
Generally. Except as specified in the following subsections of this section, whenever any room in which one or more persons live, sleep, work or congregate cannot be adequately lighted or ventilated from the street, a front yard, a side yard, or a rear yard, an open space in the form of a court shall be provided.
(b)
Mechanically ventilated rooms. In the case of a mechanically ventilated room in which one or more persons work or persons congregate, the provisions of this section do not apply.
(c)
Compliance with building code. A required court shall comply with all the provisions of section 518 of the building code of the city.
(Code 1968, § 48-31)
Sec. 48-217. - Ground floor level transparent windows ("transparency").
(a)
C-3 and C-4 district requirements. For new construction only, in C-3, and C-4 zoning districts, not less than 50 percent of the building frontage facing any public street on the ground floor level shall consist of transparent windows. The requirements hereof shall not be applicable to parking garages unless habitable space is included and incorporated in the first floor design of the parking garage. Ornamental grille work or similar treatments may be incorporated and used in lieu of glass or other transparent materials on facades of parking garages subject to the provisions of this section. For purposes of this section and this chapter of the city code, "transparency" shall mean that the exterior facades of any building abutting a sidewalk in the downtown design district shall have at least 50 percent transparent material for each facade between the heights of two feet and ten feet above the walkway grade. "Transparency" means open or enclosed by clear and non-reflecting glass or other material that provides pedestrians on adjacent sidewalks an unobstructed view extending at least five feet into the interior of the building.
(Ord. No. 97-066(sub 2), § 1, 1-8-98)