The “R-6” District is intended and designed to provide a means for the development of large tracts of ground on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this chapter. It is the intent of this section that the basic principles of good land use planning including an orderly and graded relationship between various types of uses be maintained and that the sound zoning standards as set forth in this chapter and statutes concerning population density, adequate light and air, recreation and open space, and building coverage be preserved.
1. Procedure. The owner or owners of any tract of land comprising an area of not less than 10 acres may submit to the Council a petition requesting a change to the “R-6” zoning district classification. The petition shall be accompanied by a plan for the use and development of the entire tract of land, along with a non-refundable fee of $150.00. The development plan shall be referred to the Commission for study and report. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of architectural design, land use planning and landscape architecture. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserve the intent and purpose of this chapter to promote public health, safety, morals and general welfare. The development plan as approved by the Commission shall then be reported to the Council, whereupon the Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this chapter.
2. Required Documents of Final Plan.
A. If the proposed development includes common land which will not be dedicated to the City, and the proposed development will not be held in single ownership, proposed bylaws of a homeowner’s association fully defining the functions, responsibilities and operating procedures of the association shall be submitted. The proposed bylaws shall include but not be limited to provisions: (a) automatically extending membership in the association to all owners of dwelling units within the development; (b) limiting the uses of the common property to those permitted by the final development; (c) granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property; (d) placing the responsibility for operation and maintenance of the common property in the association; (e) giving every owner of a dwelling unit voting rights in the association; and (f) if the development will combine rental and for-sale dwelling units, stating the relationship between the renters and the homeowner’s association and the rights renters shall have to the use of the common land.
B. A performance bond which shall insure to the City that the dedicated public streets, utilities, and other common development facilities shall be completed by the developer within the time specified in the final development plan shall also be submitted.
C. A covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that the owner of the land or successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks and plantings which have not been dedicated to the City in compliance with this Code of Ordinances shall be submitted.
D. Any additional agreements required by the Council at the time of preliminary plat approval shall also be submitted.
E. A final plat shall be submitted with each stage of the final development plan. The plat shall show building lines, lots and/or blocks, common land, streets, easements, and other applicable items required by the subdivision ordinance. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the County Auditor and Recorder.
3. Standard Compliance. The final development plan and required documents shall be reviewed by the Commission, for compliance with the “R-6” standards and substantial compliance with the preliminary plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council for final approval. The final development plan and final plat shall be approved by the Council before any building permit is issued.
4. Bulk Regulations. Permitted principal and accessory land uses, lot area, yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of the chapter or the subdivision ordinance.
A. Buildings shall be used only for residential purposes; occupant garages, occupant storage and similar accessory uses; non-commercial recreational facilities; and community activities including churches and schools.
B. The minimum lot and yard requirements of the zoning districts in which the development is located shall not apply, except that minimum yards specified in the district shall be provided around the boundaries of the development. The Council may require open space or screenings be located along all or a portion of the development boundaries. The height requirements of the zoning district in which the development is located shall apply within 125 feet of the development boundary.
C. All public streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinance and specifications of the City.
D. “Common land” as used in this section refers to land retained in private ownership for the use of the residents of the development, or to land dedicated to the general public, but not including street or alley right-of-way.
E. Any land gained within the development because of the reduction in lot sizes, below minimum zoning ordinance requirements, shall be placed in common land to be dedicated to the City or retained in private ownership to be managed by a homeowner’s association.
F. The requirements of this chapter relating to off-street parking and loading shall apply to all “R-6” districts.
G. The final development plan shall comply with the density requirements.
5. Density.
A. The maximum number of dwelling units permitted in an “R-6” District shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zoning district or districts in which the area is located then multiplied by 115%. (In the R-2 district, the one-family dwelling requirement shall apply.) Net development area shall be determined by subtracting the area set aside for churches and schools, if any, and deducting the area actually proposed for streets from the gross development area. The area of land set aside for common land, open space, or recreation shall be included in determining the number of dwelling units permitted.
B. The maximum number of multiple dwelling units permitted shall be determined by the zoning district in which the development is located as follows:
Zoning District | Percentage of Total Units Allowable as Multiples |
R-1 | 25% |
R-2 | 50% |
R-3 | 100% |
C. If the development area contains two (2) or more different zoning classifications, the number of dwelling units permitted shall be determined in the direct proportion to the area of each zoning classification contained in the entire tract.
6. Construction and Improvements.
A. The Council may make the approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the Council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said period of time shall be deemed sufficient cause for the Council to rezone the unimproved property to the classification effective at the time of original submission of the development plan, unless an extension as recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the development plan after approval by the Council shall be resubmitted and considered in the same manner as the original proposal. The term “unimproved property” means all property situated within a stage or stages of the final development plan upon which the installation of improvements has not been commenced.
B. In no event shall the installation of any improvements be commenced in the second or subsequent stages of the final development plan until such time as ninety percent (90%) of all construction and improvements have been completed in any prior stage of such plan.