§ 25-2-594. MAXIMUM SETBACK REQUIREMENT.

(A)

Except as provided in Subsection (B), a site plan may not be approved unless the development complies with this section.

(B)

This section does not apply to a site plan for:

(1)

property zoned as a historic landmark (H) or historic area (HD) combining district;

(2)

property designated as a historic landmark by the state or federal government;

(3)

property located in a National Register Historic District established by the federal government;

(4)

remodeling of or addition to an existing structure;

(5)

restoration of a damaged structure within one year of the date of damage;

(6)

a change of use;

(7)

property located in the area bounded by Seventh Street from San Antonio Street to Shoal Creek, Shoal Creek from Seventh Street to Fifteenth Street, Fifteenth Street from Shoal Creek to West Avenue, West Avenue from Fifteenth Street to Martin Luther King, Jr. Boulevard, Martin Luther King, Jr. Boulevard from West Avenue to San Antonio Street, San Antonio Street from Martin Luther King, Jr. Boulevard to Eleventh Street, Eleventh Street from San Antonio Street to Guadalupe Street, Guadalupe Street from Eleventh Street to Tenth Street, Tenth Street from Guadalupe Street to San Antonio Street, and San Antonio Street from Tenth Street to Seventh Street; or

(8)

the following uses:

(a)

carriage stable;

(b)

family home;

(c)

group home;

(d)

local utility services;

(e)

major utility facilities;

(f)

outdoor entertainment;

(g)

outdoor sports and recreation;

(h)

park and recreation services;

(i)

religious assembly;

(j)

safety services;

(k)

transitional housing; or

(l)

transportation terminal.

(C)

Except as provided in Subsection (D), for the first four stories of a building that are above grade:

(1)

the maximum front yard setback is ten feet; and

(2)

the maximum street side yard setback is ten feet.

(D)

The maximum setbacks prescribed by Subsection (C) do not apply to the portion of a building adjacent to a plaza or protected tree.

Source: Ord. 030612-93; Ord. 031211-11; Ord. 041202-16.