EDITOR'S NOTE: All references to "City Solicitor" in this chapter have been changed to "City Law Director" to reflect the Charter Amendment passed by the electors on May 8, 2001, and upon the adoption of Ordinance 2001-96, passed June 4, 2001.
1181.01 Purpose.
1181.02 Uses.
1181.03 Physical development criteria; general requirements.
1181.04 Minimum gross site area.
1181.05 Determination of net site area available for development.
1181.06 Minimum individual lot area required for residential dwellings.
1181.07 Minimum lot width for residential dwellings.
1181.08 Minimum front yard depth and building setback requirement.
1181.09 Minimum rear yard depth.
1181.10 Minimum side yard width.
1181.11 Perimeter transitional yard requirement.
1181.12 Minimum gross floor area per dwelling unit within multi-household dwellings.
1181.13 Maximum total gross residential floor area permitted.
1181.14 Mixture of dwelling unit types in a planned unit development.
1181.15 Maximum building height.
1181.16 Building orientation and minimum separation for multi-household buildings.
1181.17 Minimum court dimensions for multi-household buildings.
1181.18 Minimum livable open space required.
1181.19 Neighborhood retail business development.
1181.20 Off-street parking requirements for residential dwellings.
1181.21 Streets.
1181.22 Accessibility and circulation.
1181.23 Drainage, surfacing and maintenance standards.
1181.24 Utilities.
1181.25 Screening of trash collection areas.
1181.26 Erosion and sedimentation control.
1181.27 Permitted signs.
1181.28 Submission of plans.
CROSS REFERENCES
Definitions - see P. & Z. Ch. 1125
Administration, enforcement and penalty - see P. & Z. Ch. 1127
Use districts and Zoning Map - see P. & Z. Ch. 1131
Supplemental district regulations - see P. & Z. Ch. 1137
Nonconforming uses - see P. & Z. Ch. 1171
Off-street parking and loading - see P. & Z. Ch. 1175
Residential planned unit developments (R-PUD) - see P. & Z. Ch. 1177
When larger tracts of land are developed under unified control, many of the regulations relating to the mixing of uses and proximity of buildings in the residential districts which are otherwise necessary to protect individual lot owners, may become unnecessary or may not apply. The uniqueness in the planned unit development approach is the variety, flexibility and order in establishing residential living patterns. Variety is achieved by permitting a mixture of housing types at a maximum intensity of land use equivalent to that of the zoning for residential districts within which the planned unit development is proposed. Flexibility is achieved by permitting variations of the district regulations pertaining to lot area, setbacks, yards and frontages as herein stated. Order is achieved by requiring advance consideration of the City's Future Land Use and Major Thoroughfare Plans as adopted and amended, and all aspects of the proposed site development, including housing types, livable open spaces, landscaping, vehicular and pedestrian circulation, parking, utilities, recreation areas, accessory facilities and methods of land ownership to be used.
It is the purpose of this chapter to recognize and accommodate such residential developments and to permit those innovations in the technology of land development that are in the best interest of the City. In order to accomplish this, physical development criteria are contained herein:
A. To permit suitable associated neighborhood commercial developments consistent with the demand created by the planned unit development and compatible with the existing and proposed uses of lands adjacent to the planned unit development. Planned unit developments are permitted as conditionally permitted uses within the R-LD, R-MD, R-UD, R-TH, R-MHL and R-MHH Zoning Districts.
B. To permit a variety of dwelling types compatible with the purpose and intensity of land use of the residential districts within which the planned unit development is proposed;
C. To permit the flexible spacing of lots and buildings in order to encourage:
1. More creative site design;
2. The separation of vehicular and pedestrian circulation;
3. The preservation and conservation of the desirable natural features of the site and other amenities such as historical structures;
4. The provision of readily accessible recreation areas and livable open spaces; and
5. The provision of basic utility facilities such as sanitary sewers and water supply systems; and
D. To permit a clustering of dwelling units around livable open spaces in order to require fewer and shorter streets and utility lines, less grading and site preparation, resulting in lower per unit costs.
(Ord. 98-176. Passed 8-3-98.)
Within a planned unit development, no building, structure or premises shall be used, located, erected or structurally altered, unless otherwise provided herein, except for one (1) or more of the following, upon approval of the Planning Commission:
A. Single household detached dwelling;
B. Two-household dwelling units;
C. Multi-household dwelling units;
D. Convention/conference centers;
E. Hotels/motels;
F. Neighborhood retail business;
G. Personal services;
H. Recreation, commercial;
I. Recreation, non-commercial;
J. Accessory uses, provided that such uses are incidental to the principal use. Such uses must be situated on the same lot with the principal building.
(Ord. 98-176. Passed 8-3-98; Ord. 2008-107. Passed 8-4-08.)
An application for a planned unit development shall meet all of the following requirements to qualify for consideration:
A. Public water and sewer facilities shall be available or shall be provided as part of the development.
B. The proposed residential density shall not exceed that permitted in the zoning districts within which the planned unit development is proposed.
C. For each square foot of land gained through the reduction or averaging of lot areas, an equal amount of land shall be dedicated to the City for park purposes or shall be set aside as common livable open space, owned and maintained by a homeowners' and tenants' association, for the common use of the home or lot owners and tenants within the development, as required herein.
D. All principal buildings must front upon a public or private street or way.
(Ord. 98-176. Passed 8-3-98.)
The minimum gross site area for a planned unit development shall be as follows:
A. A planned unit development project shall contain not less than fifty (50) acres of gross land area, exclusive of:
1. Any portion of the right of way of any existing public or private street or any such proposed right of way shown on the Major Thoroughfare Plan of the City, as adopted and amended;
2. Any portion of any railroad rights-of-way; and
3. Land utilized by public utilities as easements for major facilities, such as electric transmission lines, sewer lines, water mains or other similar lands which are not available to the owner because of such easements.
B. All land within the development shall be contiguous in that the site shall not be divided into segments by:
1. Any limited access highway;
2. Any railroad right-of-way; or
3. Any tract of land, other than local streets or rights-of-way for pipelines or electric transmission lines, not owned by the developer or the planned unit development. The site must be capable of being planned and developed as one integral unit.
C. The site shall be in common ownership or control by the developer at the time the proposed development is approved. Any transfer of land resulting in ownership by two or more parties shall not alter the applicability of the regulations contained herein.
(Ord. 98-176. Passed 8-3-98.)
The net site area available for development into residential lots and other uses shall be computed by subtracting from the gross site area the amount of land area needed for street rights-of-way. The average percentage for street rights-of-way in conventional subdivision developments to be subtracted from the gross site area is considered to be twenty (20) percent. However, in a planned unit development, the actual area for street rights-of-way to be provided may be subtracted from the gross site area to determine the net site area available for development.
To determine that portion of the net site area available for residential development, the acreage to be developed as educational institutions, religious places of worship, government buildings or any similar uses shall be subtracted from the net site acreage.
(Ord. 98-176. Passed 8-3-98.)
Individual lots may be reduced in area below the minimum lot area required for the zoning district, provided that the density of dwelling units per net acre is not greater than would be allowed if the site were developed under the district requirements. Lot areas within planned unit development projects shall not be varied or reduced in area more than thirty (30) percent of the lot size required in the zoning district regulations. Thus the minimum lot areas for planned unit developments within the respective corresponding residential districts shall be as follows:
District | Minimum Net Lot Area (sq. ft.) |
COS | 30,000 |
R-LD | 6,125 |
R-MD | 5,250 |
R-UD | 3,000 |
R-TH | 7,000 |
R-MHL, R-MHH | 30,000 |
The net area of a lot shall be computed exclusive of any portion of the right-of-way of any existing public or private street, or any proposed rights-of-way.
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