(a) Intent. The purpose of a Neighborhood Unit Development is to promote creative and efficient subdivision of land into reasonably buildable lots for single-unit detached residential development by allowing flexibility in the application of the dimensional requirements of the primary district to the Neighborhood Unit Development. It is intended that the minimum setbacks of the primary zoning district shall apply at the perimeter of the Neighborhood Unit Development so that the Neighborhood Unit Development is in character with adjacent, similarly-zoned land, and that the flexibility in application of the provisions of the primary zoning district be limited to dimensional requirements related to property lines and buildings internal to the Neighborhood Unit Development. Furthermore, these provisions are intended to:
(1) Protect natural features in private or public open space;
(2) Improve the efficiency of public streets and utilities;
(3) Provide transitions in land use in keeping with the character of adjacent land use; and/or
(4) Improve the arrangement of structures, facilities and amenities on a site for both private and public benefit.
(b) Uses.
(1) Only detached single-unit dwellings and accessory uses allowed in the primary zoning district are allowed in the Neighborhood Unit Development subject to the provisions of the primary zoning district.
(2) Other conditional uses allowed in the primary zoning district may be approved only to the extent that they are clearly subordinate to the primary use of the property for single-family residential uses, and only upon approval of a conditional use permit for the intended use granted in accordance with the requirements of this code.
(c) Applicability.
(1) New Neighborhood Unit Developments are not permitted after January 26, 2015.
(2) Existing Neighborhood Unit Developments may be amended in accordance with § 21.501.13(d).
(d) Procedures.
(1) Review and approval.
(A) Major changes to the approved final site plan require approval of the City Council after review by the Planning Commission. Major changes are defined as a change that involves any of the following:
(i) Increase in the number of lots or detached dwelling units;
(ii) Alteration of any condition of approval attached by the City Council;
(iii) Increase in impervious surface above that specified by the Council at the time of approval of the final site plan, or above the maximum established by ordinance; or
(iv) Alteration of the buildable area in a manner that exceeds the restrictions of the primary zoning district.
(B) Minor changes to the approved final site plan may be approved by the Issuing Authority. Minor changes are defined as any change that:
(i) Is not defined as a major change;
(ii) Is not specifically addressed by a condition of approval imposed on the development by the City Council;
(iii) Involves minor changes in location of lot lines, easements, buildings, fences, retaining walls required for maintenance of grades, driveways or similar features;
(iv) Involves changes in elevations of building sites or buildings;
(v) Does not affect any public utility or flow of surface water to or on properties adjacent to the Neighborhood Unit Development; or
(vi) Alters the buildable area in a manner that does not exceed the restrictions of the primary zoning district.
(C) Other changes may be implemented at the sole discretion of the applicant, developer or subsequent property owners, provided that they:
(i) Are not defined as major or minor changes;
(ii) Do not violate the provisions of the primary zoning district; or
(iii) Are not separately governed by other provisions of this Code.
(2) Application content. Applications for an amendment to a Neighborhood Unit Development must consist of an application for a conditional use permit and revised final site plan for a Neighborhood Unit Development. If the amendment requires platting, a concurrent application for a preliminary plat in accordance with the requirements of Chapter 22 of this code is required. The preliminary plat, together with the documents required by this Section, constitute the final site plan. The final site plan approved by the City Council will be the document controlling those aspects of site development regulated by this section.
(A) Conditional use. See § 21.501.04 for applicable regulations.
(B) Final site plan. In addition to documents required by Chapter 22 for application for approval of preliminary plats, the applicant must submit final site plans which include the following:
(i) A location map which indicates existing and future land uses.
(ii) Drawings and plans for existing and proposed site features and uses at a scale specified by the Issuing Authority which indicates topography in two-foot contours; existing building outlines; proposed building envelopes; location of significant vegetation; location of streets, drives and parking areas; and other significant features.
(iii) A survey showing the location of all structures, accessory buildings, driveways, parking areas, swimming pools and similar features on all abutting properties.
(iv) A drainage, grading, utility, and erosion and sedimentation control plan. Such plans shall comply with the requirements of this code, including the provisions of Chapters 16 and 22.
(v) Identification of all wetlands on the site, using the 1989 Federal Manual For Identifying and Delineating Jurisdictional Wetlands, copies of documents completed in making the wetlands identification, qualifications of the person performing the identification, a description of any wetlands which are to be burned, filled, or drained pursuant to the development, and a wetland mitigation and replacement plan if burning, filling, or draining of wetlands is to occur. Such plan shall be submitted and implemented in accordance with the provisions of Chapters 16 and 22 of the city code. The requirement of such documentation may be waived in instances where it is determined from aerial photographs, the national Wetlands Inventory, on-site observation, or other pertinent information that the site contains no wetlands.
(vi) Calculation of area, average slope, impervious surface of existing development for each proposed lot, and maximum impervious surface allowed by ordinance on each proposed lot;
(vii) A written report that:
(a) Completely describes the proposal;
(b) Analyzes the site conditions and development objectives which has resulted in the proposal;
(c) States which zoning ordinance provisions are being modified by the Neighborhood Unit Development and specifies the locations of those modifications on the final site plan; and
(d) Indicates covenants or agreements which will influence the design of buildings, use and maintenance of the proposed development.
(viii) Any other information deemed necessary by the Issuing Authority in order to evaluate the proposed development.
(C) Final plat. Subdivision of lots for an approved Neighborhood Unit Development must be accomplished by approval by the City Council of a final plat and a subdivision agreement in accordance with Chapter 22 of this code.
(e) Special requirements.
(1) Design requirements.
(A) Mandatory requirements. Unless relief from these requirements is granted by the City Council by the granting of a variance, the following design requirements apply to all approved Neighborhood Unit Developments:
(i) All lots created in a Neighborhood Unit Development must have a minimum of 15 feet of frontage on a public street measured at the street right-of-way line. This width must be increased if necessary to provide adequate driveway width and separation between utility services to existing and proposed lots.
(ii) No portion of the lot connecting the buildable area with the public street providing access to that lot may be less than 15 feet in width. This width must be increased if necessary to provide adequate driveway width and separation between utility services to existing and proposed lots.
(iii) The area of any single-unit lot in the development may not be less than 75% of the minimum lot area of the primary zoning district.
(iv) The minimum setback to property line on the perimeter of the Neighborhood Unit Development may not be less than the minimum required for the primary zoning district.
(v) No private, commonly-owned open space on separate lots or parcels is permitted within a Neighborhood Unit Development.
(vi) The minimum width of the buildable area of the principal structure designated for any proposed lot may not be less than 60% of the minimum lot width required in the primary zoning district.
(vii) All revisions must be based on recent surveys of the subject properties and surrounding parcels.