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A. Permitted uses: these are the uses which are permitted on property zoned R-2 as outlined on the official zoning map:
1. Two-family residential dwellings.
2. Multi-family residential dwellings.
B. Accessory uses:
1. Customary accessory buildings and uses.
C. Area and height regulations for permitted uses:
1. Minimum lot area: 20,000 square feet.
2. Maximum density:
a. Nine (9.0) dwelling units per net acre.
b. In the case of this zone, more than one principal building, as defined herein, may be permitted on one lot.
3. Minimum lot width at building setback line: 100 feet.
4. Minimum front yard depth: 40 feet.
5. Minimum side yard width:
a. One side: 10 feet.
b. Total both sides: 25 feet.
6. Minimum rear yard depth: 30 feet.
7. Maximum building height: 40 feet.
D. Other development controls:
2. No outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed containers.
3. No lighting shall be permitted which would glare from this zone onto any street, or into any adjacent property.
4. A site plan, as regulated by § 9.19, shall be required for any use permitted in this zone.
5. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
1. Public schools.
2. Buildings or structures owned and operated by the Dayton Board of Education.
F. Area and height regulations for conditionally permitted uses: area and height requirements for conditionally permitted uses listed in this section shall be the same as those similarly listed in Section 10.8(E) R-1JJ, Area and Height Regulations for Conditionally Permitted Uses, of this appendix, except, reasonable additional requirements as to landscaping, lighting, screening, fencing, access ways and building setbacks may be imposed by the board of Adjustments for the protection of the adjacent properties and future uses within the zone.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Permitted uses: these are the uses which are permitted on property zoned R-3, as outlined on the official zoning map:
1. Two-family residential dwellings.
2. Multi-family residential dwellings.
B. Accessory uses:
1. Customary accessory buildings and uses.
C. Area and height regulations for permitted uses:
1. Minimum lot area: 12,500 square feet.
2. Maximum density:
a. 20 dwelling units per net acre.
b. In the case of this zone, more than one principal building, as defined herein, may be permitted on one lot.
3. Minimum lot width at building setback line: 100 feet.
4. Minimum front yard depth: 30 feet.
5. Minimum side yard width:
a. One side: 10 feet.
b. Total both sides: 25 feet.
6. Minimum rear yard depth: 30 feet.
7. Maximum building height: 40 feet.
D. Other development controls:
2. No outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed containers.
3. No lighting shall be permitted which would glare from this zone onto any street, or into any adjacent property.
4. Where any yard of any use permitted in this zone abuts property in a single-family residential zone, a ten-foot wide screening area as regulated by § 9.17 shall be required.
6. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
1. Public schools.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Permitted uses: these are the uses which are permitted on property zoned R-4 as outlined on the official zoning map:
1. Multi-family residential dwellings.
B. Accessory uses:
1. Customary accessory buildings and uses.
4. Uses, as listed below, included within and entered from within any use permitted in this zone, primarily as a convenience and for the service of the occupants thereof, providing the accessory uses shall not exceed 10% of the gross floor area of the permitted uses in the building, and no exterior advertising displays for any accessory uses hall be visible from outside the building:
a. Barber or beauty shop.
b. Bookstore or newsstand.
c. Pharmacy or drug store.
d. Professional offices.
e. Snack bar or coffee shop.
f. Hobby shop.
g. Flower shop.
C. Special permitted use:
1. Municipal offices, when developed in conjunction with a permitted use in this zone.
D. Area and height regulations for permitted uses:
1. Minimum lot area:
a. One acre.
b. In the case of this zone, more than one principal building as defined herein may be permitted on one lot.
2. Maximum density: 90 dwelling units per net acre.
3. Minimum lot width at building setback line: 150 feet.
4. Minimum front yard depth: 30 feet.
5. Minimum side yard width on each side of lot: 25 feet.
6. Minimum rear yard depth: 30 feet.
7. Maximum building height: 120 feet.
E. Other development controls:
2. No outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed containers.
3. No lighting shall be permitted which would glare from this zone onto any street, or into any adjacent property.
5. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Purpose: the purposes of the Planned Unit Development (PUD) Overlay Zone are to: promote flexibility in design and permit planned diversification in the relationships between location of and types of uses and structures; promote the advantages of modern large scale site planning for community development through the efficient use of land facilitating a more economic arrangement of building , circulation systems, land uses, and utilities; preserve, to the greatest extent possible, the existing landscape features and amenities, and to utilize such features in a harmonious fashion; provide for more usable and suitably located recreation facilities, other public and common facilities than would otherwise be provided under conventional land development procedures, but always with the intention of furthering the public health, safety, and general welfare.
B. General: A Planned Unit Development Overlay Zone may be permitted only to be superimposed over any of the Residential zones, provided that all conditions or provisions of this section of the Ordinance, t applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the PUD and its proper integration with the surrounding developments are met; and a public hearing is held on the PUD application.
C. Application and processing: application for Planned Unit Development Overlay Zone shall be processed as follows in two stages:
1. Stage I - Development Plan and Zoning Map Amendment: application for amendment to PUD Overlay Zone shall include a development plan in accordance with the requirements of § 9.20, Stage I Plan requirements.
a. The Planning Commission shall hold a public hearing on the proposed application, in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the PUD Overlay Zone, the required elements of the Stage I Development Plan and other applicable requirements of this section. Upon holding a hearing, the Planning Commission shall make one of the following recommendations to the City Council: approval, approval with conditions, or disapproval. The Planning Commission shall submit along with their recommendations a copy of the Stage I Development Plan and the bases for their recommendation.
b. The City Council shall, within (45) days after receiving the recommendations of the Planning Commission, review said recommendations and take action to approve, or disapprove said PUD application. Such action may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and considered by the Planning Commission, then said conditions shall be resubmitted to the Planning Commission, for further review and recommendation in accordance with division C.1.a. above. Approval of the PUD Overlay Zone shall require that development be in conformance with the Stage I approved plan.
c. The City Council shall forward a copy of the approved plan to the Planning Commission for further processing in accordance with the requirements for Stage II Plan and record plat.
d. Zoning map amendment. Upon approval of the PUD Overlay Zone, the official zoning map shall be amended by adding the prefix “PUD” to the existing residential Zone (e.g., PUD R-lB PUD-R-lC, and the like) for the area as shown on the Stage I approved plan.
2. a. STAGE II - plan and record plat. A Stage II development plan and record plat shall be developed in conformity with the Stage I approved plan and in accordance with the requirements of § 9.20.B. and C., and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing the subdivision regulations may be waived, where applicable, and the requirements of § 9.20(B) and (C) shall be substituted therefore. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.
1) The Planning Commission shall review the submitted Stage II development plan with regard to its compliance with the required elements of § 9.20.B., for Stage II development plans, other applicable elements of this appendix, other applicable regulations, and its conformity with the Stage I approved plan. The Planning Commission, in approving the Stage II plan, may authorize minor adjustments from the Stage I approved plan, provided that the adjustments do not: affect the spatial relationship of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian) or decrease the amount or usability of open space or recreation areas, or affect other applicable requirements of this appendix.
2) Upon Planning Commission approval of the Stage II plan, the Planning Commission shall review the submitted Record Plat with regard to its compliance with the required elements of subsection E.2, for Record Plats, the applicable requirements of the Subdivision Regulations, and its conformity with the Stage II approved development plan. Upon Planning Commission approval of the Record Plat, copies of said plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
b. Upon approval of the Stage II plan, the Planning commission shall review the submitted record plat with regard to its compliance with the required elements of § 9.20.C., for record plats, the applicable requirements of the subdivision regulations, and its conformance with the Stage II approved plan.
c. Upon Planning Commission approval of the record plat, copies of the plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
D. Residential uses and densities: all types of residential housing units (attached or detached) may be permitted within a PUD Overlay zone, including single-family, two-family, and multi-family units. The density of dwelling units in a PUD, shall be determined by the density (dwelling units per acre) as calculated from the existing residential (R) zone superimposed by the PUD Overlay Zone. This density shall be applied to the total project area excluding that land devoted to commercial uses and streets (public and private).
E. Area requirements: no PUD Overlay Zone shall be permitted on less than ten acres of land. However, development of a smaller tract adjacent to an existing PUD Overlay Zone, may be permitted, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development.
F. Height, yard and setback regulations: requirements shall be as approved in the Plan.
H. Fences, walls, and signs: the location, height, and type of all fences, walls, and signs shall be as approved in the Plan.
I. Erosion and sedimentation control: effective erosion and sedimentation controls shall be planned and applied in accordance with § 9.8.
J. Common open space - recreation area: at least 20% of the total acreage of the proposed PUD shall be retained as common open space and recreation area, and dedicated to a public and/or private entity for operation and maintenance. Such open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the PUD. Common open space and recreation area shall be that part of the total project exclusive of dwellings, streets, parking areas, single-family lots, commercial areas, and other non-open space and non-recreational oriented facilities.
K. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the Planning Commission, shall be made in accordance with the procedure required by this appendix, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Expiration: any amendment to PUD Overlay Zone shall be subject to the time constraint, as noted below. Upon expiration of the time period and any extension thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said PUD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions apply:
1. Stage II Plan has not been approved by the Planning Commission within a period of twelve (12) consecutive months from the date of the Stage I approved Development Plan on Overlay Zone Amendment by the City Council; provided that an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciable to render the Stage I approved plan obsolete.
2. Substantial construction has not been initiated within a period of 12 months from the date of approval of the Stage II Plan by the Planning Commission; provided that an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the Stage I approved Development Plan obsolete. The amount of construction constituting initiating substantial construction shall be as approved in the Stage I approved plan.
(Ord. 2017-6, passed 4-4-17)
A. Purpose: the purposes of the Residential Cluster Development (RCD) Overlay Zone are to provide a means whereby clusters of attached and detached single-family residential units may be constructed in the R-1 Residential Zones, and therein, through a development plan, permit a wide flexibility in the design, location, siting of buildings, in order to provide for, to the greatest extent possible, the preservation of hillside areas, and other natural geographic and topographic features, and to provide for more usable and suitable located recreation facilities and open space than would otherwise be provided under conventional R-1 residential land development procedures.
B. General: a Residential Cluster Development Overlay Zone may be permitted only to be superimposed over any of the R-1 Residential Zones, provided that all conditions on provisions of this section of the ordinance the applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the RCD overlay zone and its proper integration with the surrounding development are met; and a public hearing is held on the RCD application.
C. Application and processing: applications for Residential Cluster Development Overlay Zone shall be processed as follows in two stages:
1. STAGE I Development Plan and Zoning Map Amendment. Application for amendment to RCD Overlay Zone shall include a development plan in accordance with the requirements of § 9.20.A, Stage I Plan Requirements.
a. The Planning Commission shall hold a public hearing on the proposed application, duly noticed, in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the RCD Overlay Zone, the required elements of the Stage I Plan and other applicable requirements of this section. Upon holding such hearing, the Planning Commission shall make one of the following recommendations to the legislative body; approval, approval with condition of disapproval. The planning commission shall submit along with their recommendations a copy of the Stage I Plan and the bases for their recommendations.
b. The City Council shall, within 45 days after receiving the recommendations of the Planning Commission, review said recommendation and take action to approve or disapprove said RCD application. Such action may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and considered by the Planning
Commission then said conditions shall be resubmitted to the Planning Commission for further review and recommendations in accordance with division C.1.a. above. Approval of the RCD Overlay Zone shall require that development be in conformance with the Stage I approved plan.
c. The City Council shall forward a copy of the approved plan to the Planning Commission for further processing in accordance with the requirement for Stage II Plan and record plat.
d. Zoning map amendment - upon approval of the RCD Overlay Zone, the official zoning map shall be amended by adding the prefix “RCD” to the existing residential (R-1) Zone (such as RCD-R-1B, RCD-R-1C, and so on) for the area as shown on the Stage I approved plan.
2. Stage II Development Plan and Record Plat: a Stage II Plan
and record plat shall be developed in conformance with the Stage I approved plan and in accordance with the requirements of § 9.20.B. and C., and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing, the subdivision regulations may be waived, where applicable, and the requirements of § 9.20.B. and C. shall be substituted therefore. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.
a. 1) The Planning Commission shall review the submitted Stage II Plan with regard to its compliance with the required elements of § 9.20.B., for Stage II development plans, other applicable elements of this appendix, other applicable regulations, and its conformity with the Stage I approved plan. The Planning Commission, in approving the Stage II Plan, may authorize minor adjustments from the Stage I approved plan, provided that the adjustments do not: change land uses, increase overall density, significantly alter circulation patterns (vehicular and pedestrian) or decrease the amount or usability of open space or recreation areas or affect other applicable requirements of this appendix.
2) Upon Planning Commission approval of the Stage II Plan, a copy of the Plan, shall be forwarded to the City Inspector/Zoning Administrator, who shall grant permits only in accordance with the Stage II approved plan and other plans as may be required by this appendix.
b. 1) Upon approval of the Stage II Plan, the Planning Commission shall review the submitted record plat with regard to its compliance with the required elements of § 9.20.C., for record plats, the applicable requirements of the subdivision regulations, and its conformance with the Stage II approved plan.
2) Upon Planning Commission approval of the record plat, copies of the plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
D. Residential uses and densities: attached and detached single-family dwellings may be permitted, including customary accessory uses to the permitted residential uses, within a RCD Overlay zone. The density of dwelling units in a RCD, shall be determined by the density (dwelling units per net acre) as calculated from the existing residential R-1 zone superimposed by the RCD Overlay Zone. This density shall be applied to the total project area excluding that land devoted to streets (public and private).
E. Area requirements: except as herein provided, no RCD Overlay Zone shall be permitted on less than five acres of land. Development of a smaller tract adjacent to an existing RCD Overlay Zone may be permitted, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development. In addition, the RCD Overlay Zone may be permitted on less than five acres, if approved by the Planning Commission, according to the following criteria:
1. The proposed development tract would be well integrated with adjacent development so that it would not adversely affect adjacent development;
2. The limited size of the proposed development tract would not result in the creation of properties which would be unusable or which would be isolated by this development.
3. The proposed development would connect to or extend existing circulation systems (vehicular and pedestrian) and not create a traffic hazard;
4. The proposed development, including accessory uses would be designed so that any noise-creating activities or visually unattractive areas (such as dumpsters) would be buffered from adjacent properties; and
5. The proposed development tract would be a logical parcel of land for development and not be a series of fragmented parcels intermixed with existing development.
F. Height, yard and setback regulations: requirements shall be as
approved in the plan.
H. Fences, walls, and signs: the location, height and type of all fences, walls, and signs shall be as approved in the plan.
I. Erosion and sedimentation control: effective erosion and sediment controls shall be planned and applied in accordance with § 9.8.
J. Common open space - recreation area: at least 20% of the total acreage of the proposed RCD shall be retained as common open space and recreation area, and dedicated to a public or private entity for operation and maintenance. The open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the RCD. Common open space and recreation area shall be that part of the total project exclusive of dwellings, streets, parking areas, single-family lots, commercial areas, and other non-open space and non-recreationally oriented facilities.
K. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the Planning Commission, shall be made in accordance with the procedure required by this appendix, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Expiration: any amendment to RCD Overlay Zone shall be subject to the time constraints, as noted below. Upon expiration of the time period and any extensions thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said RCD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions apply:
1. A Stage II Plan has not been approved by the Planning Commission within a period of 24 consecutive months from the date of the Stage I approved plan and RCD Overlay Zone amendment by the City Council; provided that an extension may be permitted upon approval of the legislative body or their duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciably to render the Stage I approved plan obsolete.
2. Substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the Stage II Plan by the Planning Commission; provided than an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the Stage I approved plan obsolete. The amount of construction constituting initiating substantial construction shall be as approved in the Stage I approved plan.
(Ord. 2017-6, passed 4-4-17)
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