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Summary Staff Report:
The front
yard setback for a building in an R-1 District along a major
thoroughfare is ninety feet. For R-2, R-3, and R-4
Districts, the setback is eighty feet. The RR-2 setback
from thoroughfares is one hundred and five feet. However,
footnote 12 provides: “The front yard shall be 150 feet for
properties zoned residential in a service district and in
rural zoning districts if those properties front on a road
classified as an arterial or freeway in the Comprehensive
Plan or on Route 215.” It appears that this provision was
added to protect residences from the noise, distractions,
and other impacts of the larger roads. By its express
terms, footnote 12 does not apply to commercial districts;
the inference may be made that it is not necessary or proper
to enhance the setbacks for commercial entities. Yet,
commercial businesses properly established in residential
districts are swept up in the enhanced setbacks mandated by
footnote 12. The purpose of this amendment is to remove
commerce from footnote 12’s restrictions.
This
proposed amendment was initiated by the Planning Commission
on January 25, 2007. The Planning Commission, after public
hearing, unanimously recommended approval on February 15,
2007.
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