(A) Statement of purpose. The single-family residential districts are established as districts in which the principal use of land is for single-family dwellings. For the single-family residential districts, in promoting the general purpose of this ordinance, the specific intent of this section is:
(1) To encourage the construction of, and the continued use of the land for single-family dwellings;
(2) To prohibit business, commercial, or industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district;
(3) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this ordinance;
(4) To discourage any land use which would generate traffic on minor or local streets other than normal traffic to serve the residences on those streets; and
(5) To discourage any use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply, and sewerage, substantially in excess of the requirements and costs if the district were developed solely for single- family dwellings.
(B) Principal permitted uses. In the R-1A, R-1B, and R-1C districts, no uses shall be permitted unless otherwise provided in this ordinance except the following:
(1) Single-family detached dwellings;
(2) Publicly owned and operated parks, playfields, museums, libraries, and other recreation facilities;
(3) Public, parochial, or private elementary, intermediate, and high schools offering courses in general education, not operated for profit;
(4) Accessory buildings and uses customarily incidental to the above principal permitted uses;
(6) Cluster subdivisions in R-1A districts pursuant to requirements of § 157.093;
(8) Single-family farm dwellings;
(9) Farm buildings and greenhouses; and
(10) (a) Farms, including livestock and poultry raising, dairying, horticulture, farm forestry, sod farming, and similar bona fide agricultural enterprises or use of land and structure, provided the farm shall be a minimum of 5 acres.
(b) The keeping of horses for farming or for riding purposes, equines, cattle, or similar livestock shall be permitted only if 1 acre of land is provided for the use of each such animal. The keeping of fowl, poultry, and small livestock shall be regulated according to yard setbacks. All land so used for the keeping of livestock or fowl shall be located no nearer to the front street line than the rear building line of the dwelling on that lot and no closer than 50 feet from any adjacent property line. A suitable fence or other enclosure shall be erected around the entire premises for outside use by horses, cattle, or similar livestock. There shall be no obnoxious odors, flies, or other nuisances caused by the keeping of livestock or fowl, or by any agricultural operation.
(C) Permitted uses after special approval. The following uses shall be permitted subject to the conditions hereinafter imposed and subject further to site plan review and approval of the City Planning Commission pursuant to § 157.177 of this code:
(1) Private parks, country clubs, golf courses, and golf driving ranges, when located on a continuous parcel of 5 acres or more in area; when any structure on that parcel is located at least 200 feet from a lot line of any adjacent residential thoroughfare;
(2) Churches and other facilities normally incidental thereto, subject to the following conditions:
(a) Unless established prior to the enactment of this ordinance, a church site shall contain an area of at least 2 acres;
(b) The site shall be so located as to have at least 1 property line abutting a major thoroughfare. All ingress and egress to the site shall be directly onto the major thoroughfare; and
(c) Wherever the off-street parking area is adjacent to land zoned for residential purposes, a continuous and obscuring wall not less than 5 feet in height shall be provided along the sides of the parking area adjacent to the residentially zoned land in accordance with § 157.087.
(3) Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations, but not including storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity, and the use is not injurious to the surrounding neighborhood;
(4) Nursery schools, day nurseries, and child care centers (not including dormitories), provided that for each child so cared for, there shall be provided and maintained a minimum of 200 square feet of outdoor play area. This play space shall have a total minimum area of at least 1,000 square feet, and shall be screened from any adjoining lot in any residential district in accordance with § 157.087; and
(5) Cemeteries, subject to the following conditions:
(a) The cemetery site shall contain an area of at least 20 acres;
(b) The site shall be so located as to have at least 1 property line abutting a major thoroughfare. All ingress and egress to the site shall be directly onto the major thoroughfare;
(c) The perimeter of the site shall be fenced in accordance with § 157.087;
(d) Any structure located on the site shall be at least 100 feet from any lot line; and
(e) Any burial plot located on the site shall be located at least 50 feet from any lot line.
(D) Planned unit development. It shall be the intent of this section to allow a more flexible development of land in the R-1A and R-1B residential districts by permitting, subject to review and approval of the Board of Zoning Appeals, a variation in dwelling type, bulk, density, and open space requirements within prescribed limits.
(1) Such a planned unit development (PUD) shall encourage:
(a) A more efficient use of residential land;
(b) The preservation of natural features in the community such as open space, wooded areas, creeks, ponds, and floodplains;
(c) The provision of areas for open space and recreation; and
(d) A more efficient provision of those public facilities required in connection with residential development, such as schools, fire stations, and similar public facilities.
(2) Planned unit developments permitted under this section shall be subject to the following requirements.
(a) The minimum lot size of any PUD shall be 30 acres.
(b) Of the total number of dwelling units permitted in a PUD, a minimum of 60% of the dwelling units shall be single-family homes. The remaining 40% of the dwelling units may be apartments or townhouses.
(c) The developer shall provide within the PUD public sanitary sewer, water, and storm drainage systems which shall connect with the city’s system, and shall be otherwise constructed and maintained in conformity with the statutes, ordinances, and regulations of the state, the County Health Department, the County Drain Commissioner’s office, and the city.
(d) Uses permitted in a PUD may include and shall be limited to:
1. Single-family, townhouse, or apartment dwelling units;
2. Nonresidential uses of a religious, cultural, recreational, or educational character that are characteristically found in residential areas; and
3. Commercial and office uses of a local or neighborhood character.
(e) Nonresidential uses shall not exceed 10% of the total land area of the PUD and must meet the following requirements:
1. Nonresidential sites may not exceed 10 acres in any 1 site. Proposed larger sites must obtain conventional zoning;
2. Planned commercial or office sites are to be located at an intersection of 2 major thoroughfares or a major and a collector street; and
3. Not all PUDs automatically receive commercial or office sites. The sites depend on the market potential of the area. It is the burden of the landowner to submit sufficient evidence to justify the need for commercial or office development.
(f) The Planning Commission, in determining the reasonableness of the increase in the authorized dwelling units per acre, shall recognize that increased density may be balanced by additional private amenities and by increased efficiency in public services to be achieved by the planning unit development, provided that the densities do not exceed those expressed in Table 157.036A.
1. Density shall be determined on that portion of the planned unit development proposed for residential development and shall not include land devoted to schools, commercial facilities, office areas, or other nonresidential properties.
2. Open space areas shall be considered as residential property in determining density. Existing public rights-of-way shall not be used in calculating density.
Table 157.036A: Planned Unit Development Requirements | ||||
Zoning District | Maximum Permitted Dwelling Units per Acre | Minimum Single-Family Lot Frontage at Building Line | Minimum Single-Family Lot Area | Minimum Common Open Space |
R-1A, single- family | 4.2 | 70 ft. | 8,400 sq. ft. | 15% of total PUD area |
R-1B, single- family | 5.4 | 60 ft. | 7,200 sq. ft. | 6% of total PUD area |
(g) The frontage and lot area of single-family lots shall be no less than shown in Table 157.036A.
(h) Common open space areas, as provided in accordance with Table 157.036A, shall be within and part of the single-family portion of the PUD. All residents of the single-family area shall be members of a homeowners association which shall own and maintain the common open space. Development of the common open space shall be in accordance with the following provisions:
1. All common open spaces are to be part of a subdivision plat and designated as a private park and given a name. The developer is responsible for grading and seeding all portions of the non-wooded areas of the common open space at the time of the rough grading of the lots;
2. All common open spaces are to be of a size, shape, function, and location satisfactory to the City Planning Commission;
3. Drainage courses may be part of the open space provided in the PUD, provided the drainage courses are part of a contiguous park area, drainage easements do not constitute more than 30% of the total common open space, and drain easements shall be maintained as part of the common open space by the homeowners association;
4. The landowner shall turn control of the platted common open space to the homeowners when 80% of the homes planned are sold to the general public or within 3 years of the commencement of building, whichever occurs first; and
5. All common open space in and abutting the development stage shall be established as part of the subdivision plat.
(i) Except as provided in this subsection (D), development of single-family residential uses under this section shall be subject to all remaining provisions of this section, and Appendix A, and to all other provisions of this ordinance applicable to this type of use.
(j) Development of the multiple-family residential area shall be in accordance with the provisions of § 157.037 of this code, which are hereby incorporated herein by reference, and with the provisions of Appendix A of this ordinance, to the extent those provisions are not in conflict with the provisions of this section.
(k) Prior to the granting of a building permit for any uses under this subsection (D), a site plan shall be submitted to the Planning Commission for review in accordance with § 157.092 of this code. A proposed agreement by the developer of the PUD with the city shall also be submitted for review with the site plan, stating the duties and obligations of the developer. In the course of the site plan review, the Planning Commission shall hold a public hearing therein with notice as provided for hearings to consider ordinance amendments to change the zoning district of a parcel of land.
(l) After completing site plan review as provided in subsection (D)(2)(k) above, the Planning Commission shall recommend to the City Council that the site plan be approved or disapproved. The City Council shall, upon receiving the recommendation, decide by resolution to reject the site plan, or proceed with the consideration of the site plan. If the site plan is rejected, the developer shall be notified in writing of the rejection.
1. If the City Council resolved to proceed, a public hearing on the site plan shall be held with notice as provided for hearings to consider ordinance amendments to change the zoning district of a parcel of land. After that hearing, which may be adjourned from time to time without further notice, the City Council shall by resolution approve or disapprove the site plan.
2. The developer shall within 6 months of the date of this approval enter into an agreement with the city, containing those provisions as the City Council shall deem necessary, stating the duties and obligations of the developer. Within 2 years from the date of execution of this agreement, the developer shall record a plat of the single-family area of the development in accordance with the approved site plan. Within 1 year from the date of that recordation, construction of the single-family area of the development shall begin. No construction shall commence in the multiple-family area until construction of dwellings has commenced in the single-family area on 25% of the platted lots, or 20 of the lots, whichever shall be smaller.
(E) Area, height, and placement requirements. Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.