Duluth UDC Table 12-A

Table 12-A: Special Exceptions Special Exception Administrative Approval Parameters Accessory uses and buildings: An increase in the maximum allowable size of an accessory building. Any increase may be approved that is consistent with the use or normal operations of the proposed building and is compatible with neighboring properties. Any building so increased must obtain issuance of a building permit. The placement or construction of an accessory use or building on a lot prior to or in lieu of a principal use or building. Administrative approval is not available. Buffers, landscaping and tree protection. Modification or waiver of the standards for buffers, site landscaping or tree protection may be authorized by the Planning and Development Director in specific cases when, in the Director’s opinion, undue hardship may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographical or other exceptional conditions require such modification, and that the granting of the modification will not adversely affect the general public welfare or nullify the intent of this Development Code. 362 | P a g e Article Twelve. Appeals Table 12-A: Special Exceptions Special Exception Administrative Approval Parameters Fences within the front yard in a residential district. Fences within the front yard must meet the following specifications and conditions for administrative approval: a. The special exception application must include the following: 1. A drawing, sketch, brochure, manufacturer’s literature, photograph or other pictorial documentation of the proposed fence; and 2. A property survey showing the location of the fence, the house or other principal building, and the street frontage. b. The maximum height shall be 4 feet, or 5 feet with administrative approval. c. Fence shall be constructed with natural wood, simulated wood, brick columns or decorative ornamental iron only. d. The distance between the pickets of a picket fence must be a minimum of 2 inches. e. The color of the fence must be natural wood colors, neutral colors such as white, beige, ivory, cream off-white, or black, dark green wrought iron or the same color as the façade of the principal structure on the property. f. Solid panel or privacy fences are not allowed within the required front yard. Land development construction standards. Modification or waiver of the construction standards of this Development Code regarding land preparation or grading, drainage or erosion control, street design or construction, or the installation of utilities may be authorized by the Planning and Development Director in specific cases when, in the Director’s opinion, undue hardship may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographical or other exceptional conditions require such modification, and that the granting of the modification will not adversely affect the general public welfare or nullify the intent of this Development Code. Maximum building height. Not to exceed an additional 4 feet above the maximum allowed. Minimum building setbacks. a. Not to exceed a reduction in the minimum setback required by 10%, except the front setback may be reduced or waived for a multi-family or nonresidential use if the parking is located in the side or rear yards and the landscaping requirements of this Development Code are met. b. For a legal nonconforming lot of record, when it is not possible to provide the required side yards and at the same time build a minimum width single- family dwelling, the Planning and Development Director is hereby authorized to grant a special exception reducing the side yard requirements for such lot the minimum amount necessary for a reasonable dwelling but, in no case shall each of the side yards be less than 5 feet in width. Minimum lot width. Administrative approval is not available. Minimum floor area requirements for dwellings. Administrative approval is not available. Nonconforming structure, enlargement or extension of. Administrative approval is not available. 363 | P a g e Article Twelve. Appeals Table 12-A: Special Exceptions Special Exception Administrative Approval Parameters Parking requirements, such as the number of spaces required or improvement standards for parking lots. In instances where an applicant shows specific and valid reasons why the requirements of the plan and design standards for off-street parking, the number of off-street parking spaces required or the minimum size and number of off-street loading and unloading spaces cannot be reasonably met and where a reduction of not more than 10 percent in such requirements will not adversely affect the spirit or the intent of this Development Code, the Director may administratively grant such reduction. Signs. See Article 6 provisions for Planning and Development Director approval for increasing sign sizes (up to 10%) or the number of signs, and for Master Sign Plan approvals. Street frontage. Administrative approval is not available. Telecommunication Facilities: Telecommunication facility setbacks (not a part of a special use application). Not to exceed a reduction in the minimum setback required by 10%. Separation between telecommunication towers greater than 70 feet in height. Not to exceed a reduction in the minimum 1500-foot separation required by 10%, or greater if technologically required based on engineering requirements or visually preferable based on sight line studies or other documentation prepared by the appellant. Zoning buffers and screening. Administrative approval is not available. Encroachment into a 75’ buffer. Administrative approval of up to 5’ within the 75’ buffer.