Section 9.09 Manhattan District Overlay (MDO)

(a) Purpose Statement (Intent). The MDO was created to improve the way development in the older core neighborhoods is regulated. This overlay district will promote, preserve and protect the health and general welfare of the residents and property within the original core neighborhoods and encourage respect for the existing built environment. The intent is to help maintain the general quality and appearance of the neighborhoods; to promote a more cohesive look to the neighborhoods; to stabilize and improve property values; to reduce conflicts between new construction and existing homes; and to accomplish the redevelopment or rehabilitation of deteriorated neighborhoods.

(b) Applicability. The MDO shall apply to all residentially zoned properties within the boundaries identified on the official Zoning Maps of Oak Ridge. However, this shall not apply to conditional uses within the MDO district.

(c) Permit/Procedural/Approval Requirements. In the MDO, the setback reductions of the base zoning district may be approved by the City Manager or the City Manager’s designee. However, setback reductions shall not encroach upon prescribed easements or easements implied by existing utilities. In site specific cases, the applicant may seek exception by requesting that an Easement Encroachment Form be approved by the City. However, if the applicant requests that the setbacks be further reduced, the applicant may proceed with a request for a variance to the Board of Zoning Appeals (BZA). A survey of the subject property showing all relevant information shall be submitted. Please note in some instances, foundation surveys may be required.

(d) Overlay Criteria. All applicable rules and regulations (standards for density, lot size, height, etc.) for the base zoning district shall apply.

1. All principal buildings or additions located within the MDO shall conform to the following setback and bulk regulation:

a. All accessory buildings or principal buildings or additions to the principal building shall not be closer than six (6) feet to a side lot line.

b. All principal buildings or additions shall not be closer than five (5) feet to the front lot line as long as the principal building is facing a public street or six (6) feet from the minimum lot width.

c. All principal buildings or additions shall not be closer than six (6) feet to a rear lot line.

d. All accessory buildings shall not be closer than four (4) feet to a rear lot line and not be placed in the required front yard area.

e. Allowable floor area to lot ratios shall not exceed 35%. The floor area shall be determined by the entire footprint of the ground floor which includes all areas under roof.

2. Carports. A carport may occupy the required front, side, or rear yards, in accordance with the following conditions:

a. A carport shall in no case be closer than five (5) feet from a front lot line or six (6) feet to a side or rear lot line unless a variance is granted by the Board of Zoning Appeals as provided for hereafter.

b. Any accessory building or structure or wall developed as part of the carport shall be separated at least three (3) feet from the main structure wall of the principal building and in no case shall be closer than five (5) feet to the front lot line or closer than six (6) feet from a side or rear lot line.

(Ord. No. 11-05 Revised Effective 12/01/05)