Ordinance - Page 2 of 4
 
(a) Interpretations and definitions.
 
  (1) Unless otherwise stated, all references to articles, divisions, or sections in this ordinance are to articles, divisions, or sections in Chapter 51A.

(2) Unless otherwise stated, the definitions in Chapter 51A apply to this ordinance. In this ordinance:
 

    (A) ARCHITECTURAL DESIGN FEATURES include chimneys; roof style, slope, and overhang; materials; window style; vent style; balconies; towers; wing walls; eave overhangs; window sashes; front porches; crowns; pilasters; and other exterior architectural features.

(B) CIRCULAR DRIVEWAY means a non-permeable surface located in a front yard or cornerside yard, used to access off-street parking or for off-street parking, and that has two curb cuts onto the same street or perpendicular streets.

(C) COMPATIBLE means consistent with the architectural design features found within the district, including architectural style, scale, massing, setbacks, colors, and materials.

(D) CONTEMPORARY means contemporary architectural style as shown in Exhibit B.

(E) CORNERSIDE YARD means a side yard that abuts a street.

(F) CRAFTSMAN means craftsman architectural style as shown in Exhibit B.

(G) DEMOLITION means the razing of the entire building or structure.

(H) DIRECTOR means the director of the department of development services or the director's representative. (I) DISTRICT means the M Streets Conservation District.

(J) FENCE means a structure or hedgerow that provides a physical barrier.

(K) FRONT FACADE means the building elevation facing the front street.

(L) FRONT STREET means Homer Street for houses with Homer Street addresses, McCommas Boulevard, Mercedes Avenue, Merrimac Avenue, Monticello Avenue, Morningside Avenue, Ridgedale Avenue, and Vanderbilt Avenue.

(M) HARDSCAPE means any non-plant landscape materials such as boulders, cobbles, decorative concrete, gravel, mulch, pavers, or stones.

(N) HEIGHT means the vertical distance measured from grade to the highest point of the structure as shown in Exhibit B.

(O) HIGH TUDOR means high tudor architectural style as shown in Exhibit B.

(P) LARGE CANOPY TREES means those varieties of Maple, Oak, Elm, and Pecan designated as large canopy trees by the city arborist.

(Q) LINE-OF-SIGHT refers to an imaginary line extending from the viewpoint of a six-foot-tall person standing in the middle of the street to the apex of the roof of the main structure’s side gable. (See Exhibit B.)

(R) MAIN STRUCTURE means the building on a lot intended for occupancy by the main use.

(S) MINIMAL TRADITIONAL means minimal traditional architectural style as shown in Exhibit B.

(T) NEO-COLONIAL means neo-colonial architectural style as shown in Exhibit B.

(U) ONE-AND-ONE-HALF STORY STRUCTURE means a main structure in which the space within the roof structure has been converted to livable space.

(V) ORIGINAL HOUSE means a house constructed between 1920 and 1940 in the High Tudor style.

(W) PARKWAY means that area between the sidewalk and the curb, or that area between the sidewalk and the street pavement if there is no curb.

(X) RANCH means ranch architectural style as shown in Exhibit B.

(Y) REMODEL means improvements or repairs that change the appearance of the main structure or replace original materials of the main structure with another material.

(Z) RETAINING WALL means a wall used to prevent the erosion of land.

(AA) ROOF RIDGE means the apex of any roof structure, regardless of its style or form.

(BB) SIDE-STREET means Central Expressway, Glencoe Street, Greenville Avenue, Homer Street for houses with non-Homer addresses, Laneri Avenue, McMillan Avenue, and Worcola Street.

(CC) SPANISH REVIVAL means spanish revival architectural style as shown in Exhibit B.

(DD) STREET FACADE means any part of a building that faces a public street.

(EE) TUDOR COTTAGE means tudor cottage architectural style as shown in Exhibit B.

(FF) WRAP-AROUND means that portion of a side facade of a main structure 25 feet behind the corner of the front facade.
 

 (b) Conceptual Plan. The M Streets Conservation District Conceptual Plan is attached to and made a part of this ordinance as Exhibit B. In the event of a conflict between Exhibit A, the M Streets Conservation District Regulations, and Exhibit B, the conceptual plan, Exhibit A controls.

(c) Nonconforming Structures. Section 51A-4.704(c), “Nonconforming structures,” applies, except that if the degree of nonconformity is voluntarily reduced, all rights to the previous degree of nonconformity are lost.

(d) Development Standards. Except as otherwise provided, the development standards of the R-7.5(A) Single Family District apply.
 

  (1) Use. The only use allowed is single-family.

(2) Conversions or additions. The number of dwelling units on a lot may not be increased. (3) Lot size. Lots must have a minimum area of 7,500 square feet.

(4) Lot width. Lots must have a minimum width of 50 feet. Lots may not exceed 60 feet in width.

(5) Lot coverage. The maximum lot coverage is 45 percent.

(6) Height. The maximum height for all structures is 30 feet, except that no part of the main structure may exceed the line-of-sight. Height must be calculated by a licensed architect or engineer. (See Exhibit B.)

(7) Front yard setback for main structures. The minimum front yard setback for main structures is the average of the front yard setback of the two adjacent houses. The maximum front yard setback for main structures is the greater setback of the two adjacent houses. Setback calculations must be prepared by a licensed architect or engineer.

(8) Side yard setbacks for the main structures. Except for houses located on Homer Street, the minimum side yard setback for main structures is 5 feet on the west side and 10 feet on the east side. For houses on Homer Street, the minimum side yard setback for main structures is 5 feet on the north side and 10 feet on the south side.

(9) Rear yard setback for the main structures. The minimum rear yard setback for main structures is 20 feet.

(10) Stories. The front facade of main structures must have the appearance of a one-and one-half story structure as shown in Exhibit B.

(11) Accessory structures, garages and carports.
 

    (A) Location. Garages and carports must be located in the rear 30 percent of the lot. On corner lots, accessory structures may not be located closer to the cornerside lot line than the main structure.

(B) Access. Garages must have at least one vehicle entrance from the street.

(C) Style and materials. The color, style, design, and materials of garages that are visible from the street must be compatible with the main structure.

(D) Roof slope. If a garage is visible from the street, the slope of the roof must match either the roof slope of the main structure or the roof slope of original garages.

(E) Side yard setback. There is no required side yard setback for garages, except that no part of the garage my overhang adjacent property.

(F) Rear yard setback for garages.
 

      (i) Garages over 15 feet in height must have a minimum five-foot rear yard setback.

(ii) Garages 15 feet or less in height must have a three-foot rear yard setback unless the property owner can document the original footprint, in which case the garage may be built on the original footprint.

(iii) The minimum rear yard setback for all rear entry garages is 20 feet.
 

    (G) Existing garages. Existing garages that are not located to the rear of the main structure may be repaired or maintained, but may not be enlarged or replaced.
 
  (12) Roofing materials. No corrugated plastic, standing-seam metal, rolled, or tar-and-gravel roofing is allowed on the front facade, the wrap-around, or any part of a garage that is visible from a street. Copper roofing accents are allowed on dormers and eyebrows.

(13) Fences and walls.
 

    (A) Fences are not allowed in the front yard.

(B) Fences and walls that can be seen from a street must be constructed of brick that matches the main structure, wood, wrought iron, or stone.

(C) Fences in cornerside yards must be located behind the mid-point of the main structure.

(D) Fences in non-cornerside yards must be located at least five feet behind the front corner of the house.
 

  (14) Driveways and curbing.
 
    (A) All houses must have a straight driveway located along the east side (south side for Homer lots) of the main structure. The driveway entry must be from the front street, except that cornerside lots may have a driveway entry from the side street.

(B) Circular driveways are prohibited. Lots may only have one driveway entry, except that additional access is allowed from the alley.

(C) All driveways and curbing located in a front yard or cornerside yard must be constructed of brushed concrete.

(D) The driveway entry must be between eight and ten feet wide. On corner lots, a driveway on the side street may be 24 feet wide if it is located behind the rearmost corner of the main structure or provides access to a garage.

(E) Existing driveways on cornerside lots may be removed if the entire driveway is removed, the curb and parkway is restored, and the driveway is relocated.
 

  (15) Front yards and parkways.

 

    (A) No more than 30 percent of the front yard may be paved or hardscaped. The parkway may not be paved or hardscaped except for curb cuts and sidewalk extensions.

(B) Mailboxes, pylons, satellite dishes, and other accessory structures are not allowed in the front yard or parkway.
 

  (16) Retaining walls.
 
    (A) Existing retaining walls may be repaired and maintained.

(B) New retaining walls must be made of stone and may not exceed 30 inches in height as measured from the sidewalk or four inches above the yard it is retaining, whichever is less; and must match the materials and color of the main structure.
 

  (17) Parkway trees. Prior to final inspection on any new construction or additions over 100 square feet, at least two, two-caliper-inch large canopy trees must be planted in the parkway. This requirement does not apply if there are already two or more large canopy trees located in or adjacent to the parkway. Large canopy trees are considered adjacent to the parkway when they provide a 10-foot-wide shaded area over the parkway and a portion of the street at midday.

(18) Windows and doors. The following applies to windows and doors on the front facade and the wrap-around:
 

    (A) Only transparent, stained, or leaded glass is allowed in windows and doors.

(B) Window height must be greater than the window width.

(C) All windows must fit the wall opening. Infill surrounding the window is not allowed.

(D) Metal window frames must have a finish that is indistinguishable from the finish on original wood windows.

(E) Window air conditioner units are not allowed.

(F) Window muntins and mullions must be expressed by a minimum of one-fourth inch. Window assemblies must have a profile depth of at least three inches.

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