Development standards applicable to particular residential districts and uses identified in Table 155-8, Table of Permitted Uses and Table 155-9, Table of Density and Dimensional Requirements, and defined in Chapter 163 include the following.
(A) Manufactured home on individual lot, not in park.
(1) Manufactured homes on individual lots that are not located in a planned manufactured housing community may be permitted in the R-A and R-20A Residential Districts with a special use permit and are permitted in the R-MH Residential District.
(2) Additional site design requirements. Manufactured homes shall comply with the permit, registration and set-up standards of § 155.04(C)(1).
(B) Zero lot line detached home.
(1) Defined. A ZERO LOT LINE DETACHED HOME shall be a single-family residence on an individual lot, where the building is set on one of the side property lines, with a maintenance easement on the adjoining lot.
(2) Additional site development requirements.
(a) Zero side setbacks and proposed building locations must be delineated on the approved subdivision plat.
(b) The subdivision shall be designated as a zero lot line subdivision on the plat at the time of approval.
(c) Setbacks of zero feet are permitted only where the lots on both of the affected lot lines are part of a zero side setback development.
(d) A wall and roof maintenance easement (five feet along one-story walls, ten feet along two-story walls) shall be provided on the opposite side of the zero setback lot line.
(e) Whenever one side setback is zero, the minimum setback on the opposite side of the same lot shall be twice the minimum side setback required by the UDO for the zoning district in which the development is located.
(f) If the side wall of the structure is located on or within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot shall not be allowed. However, windows such as clerestory or translucent windows that do not allow visibility into the side yard of the adjacent lot shall be allowed.
(g) The opposite side yard shall be maintained clear of any obstructions other than a three-foot eaves encroachment, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences not to exceed six feet in height.
(h) The zero lot line side must not be adjacent to a road right-of-way.
(i) A maintenance easement of ten feet in width must be obtained on the lot adjacent to the zero lot line side.
(3) Dimensional requirements. Zero Lot line homes shall comply with the density and dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows: minimum lot area shall be 7,000 square feet.
(C) Semi-attached (duplex) home.
(1) Defined. A SEMI-ATTACHED DUPLEX HOME is a type of single-family dwelling, semi-attached to another single-family dwelling, each located on their own separate fee-simple lots, but which share a common wall along the shared lot line. Each dwelling unit is a separate unit from ground to roof with only one wall in common between units.
(2) Additional site development requirements.
(a) Proposed building locations must be delineated on the approved subdivision plat.
(b) The subdivision shall be designated as a semi-attached, duplex home subdivision on the plat at the time of approval.
(3) Dimensional requirements. Semi-attached/duplex homes shall comply with the density and dimensional requirements of the applicable zoning district pursuant to Table 155-9 except as follows in Table 155-2:
(D) Multiplex attached home.
(1) Defined. A MULTIPLEX HOME is an attached residence containing three to four dwelling units in a single structure on a single lot. Units within multiplex structures may be arranged side to side, back to back or vertically.
(2) Additional site development requirements. Proposed building locations must be delineated on the approved subdivision plat.
(3) Dimensional requirements. Multiplex homes shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-3:
(a) In addition to the minimum setbacks of the applicable zoning district, the following shall apply: from parking areas or driveways: 20 feet.
(b) Minimum building separation: 25 feet.
(E) Townhouse dwelling.
(1) Defined. A TOWNHOUSE DWELLING is a single-family attached dwelling where each dwelling unit extends from ground to roof, where the units are
lined up in a row and share side walls. A townhouse dwelling contains two or more units intended for owner occupancy, where ownership of the land beneath each unit runs with that unit, where units and the individually owned lands on which they rest do not meet conventional lot requirements for street frontage and yard sizes, and where walls between the units are constructed in accordance with State Building Code.
(2) Dimensional requirements. Townhouse dwellings shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-4:
(a) Minimum lot width shall be 18 feet; and
(b) Minimum building separation: 25 feet.
(3) Common areas.
(a) Areas not shown as lots on the site development plan shall be designated as common areas and on any subdivision plat as an area to be held in separate ownership for the use and benefit of residents of the development.
(b) Easements over the common areas for access, ingress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.
(c) All common walls between individual residences shall be fire rated per State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damages shall be established.
(4) Additional site development requirements.
(a) Rows of attached dwellings shall not exceed ten units and shall average no more than eight dwellings per structure in the overall development.
(b) Guest and overflow parking shall be provided so as to be readily accessible to all dwelling units.
(c) Private drives are allowed to connect parking areas and groups of townhouse units to public streets. These drives shall be constructed to the same standards as public streets except that the minimum pavement width shall be 20 feet. Parking shall not be allowed on private drives except where approved parking bays are provided. A T-turnaround shall be provided for drives of less than 100 feet in length; a 70-foot diameter cul-de-sac is required for longer drives.
(5) Additional site plan and plat requirements.
(a) Proposed building locations must be delineated on the approved subdivision plat.
(b) The site plan shall show the location of the buildings, streets, alleys, walkways, parking area, recreational areas and facilities, numbered and dimensioned residential sites and common areas within the site and all existing buildings and structures within 100 feet in addition to public or private easements or rights-of-way adjoining or intersecting the property. The site plan shall meet all other requirements specified on the Site Plan Application Form, provided in Appendix A.
(F) Multi-family dwelling/apartment complex.
(1) Defined. MULTI-FAMILY DWELLINGS are where multiple separate housing units for residential inhabitants are contained within one building. Multi-family dwelling units are intended for renter occupancy and include no land or common ownership as an incidence of occupancy. When there are ten or more units in the building, the multi-family dwellings are referred to as apartments. The individual units can be mixed horizontally or vertically.
(2) Dimensional requirements. Multi-family/apartment dwellings shall comply with the dimensional requirements pursuant to Table 155-9.
(3) Additional site development requirements.
(a) Guest and overflow parking shall be provided so as to be readily accessible to all dwelling units.
(b) Private drives are allowed to connect parking areas and groups of multi-family units to public streets. These drives shall be constructed to the same standards as public streets and a minimum pavement width shall be 24 feet. Parking shall not be allowed on private drives except where approved parking bays are provided. A turnaround shall be provided for all drives that dead end within the development.
(c) There shall be no direct vehicular access from an individual dwelling unit to a collector or higher capacity public street.
(4) Additional site plan requirements. The site plan shall show the location of the buildings, streets, alleys, walkways, parking areas, recreational areas and facilities within the site, and all existing buildings and structures within 100 feet in addition to public or private easements or rights-of-way adjoining or intersecting the property. The site plan shall meet all other requirements specified on the Site Plan Application Form, provided in Appendix A.
(5) Placement of buildings.
(a) There shall be maintained at least 25 linear feet of open space between individual and unattached buildings.
(b) Any group of buildings forming a courtyard shall have at least 25% of the perimeter of the courtyard open for access by emergency vehicles.
(G) Condominium.
(1) Defined. CONDOMINIUM DWELLINGS are dwellings located within a building or complex in which units of property are owned by individuals and common parts of the property, such as the grounds and building structure, are owned jointly by the unit owners. The ownership of the occupancy rights to the dwelling unit is individually owned or for sale to any individual and the ownership is not inclusive of any land. The individual units can be mixed horizontally or vertically.
(2) Dimensional requirements.
(a) Condominium dwellings shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9, except as follows in Table 155-5:
(b) Minimum on-site building separation: 25 feet.
(3) Common areas.
(a) Areas not shown as lots on the site development plan shall be designated as common areas and on any subdivision plat as an area to be held in separate ownership for the use and benefit of residents of the development.
(b) Easements over the common areas for access, ingress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.
(c) All common walls between individual residences shall be fire rated per State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damages shall be established.
(4) Plans and declaration. Before a declaration establishing a unit ownership development may be recorded in the office of the County Register of Deeds as prescribed in the State Unit Ownership Act, the draft declaration shall be submitted along with a site plan and drawings describing the following: the plan of proposed development shall be prepared to meet the current requirements of the city, and shall contain all items required in Appendix A for site plans, as well as the following additional elements:
(a) The unit designation of each unit and a statement of its location, approximate area, number of rooms and immediate common area to which it has access and any other data necessary for its proper identification;
(b) Description of the general common areas and facilities as defined in the State Ownership Act and the proportionate interest of each unit owner therein;
(c) Description of all boundary lines between portions of the structures designed for different ownership;
(d) Description of all garages, balconies, patios and the like, which are part of each unit; and
(e) Description of any special common areas and facilities stating what units will share the same and in what proportion.
(5) Placement of buildings.
(a) There shall be maintained at least 25 linear feet of open space between individual and unattached buildings.
(b) Any group of buildings forming a courtyard shall have at least 25% of the perimeter of the courtyard open for access by emergency vehicles.
(H) Planned manufactured housing subdivision.
(1) Definition. A subdivision containing two or more building lots that are specifically designed to be sold for residential occupancy by manufactured home owners.
(2) Permitted. Manufactured homes not subject to § 155.0703(A) may be permitted on individual lots in a planned manufactured housing subdivision created by approved subdivision within the R-MH Residential District.
(3) Additional plat requirements.
(a) The subdivision shall be designated as a planned manufactured housing subdivision on the plat at the time of approval.
(b) All manufactured housing subdivisions shall have a common area of at least 15% or 4,000 square feet in area, whichever is greater.
(c) Manufactured homes on individual lots within planned manufactured housing subdivision shall comply with the permit, registration and set-up standards of § 155.04(C)(1).
(d) The corners of all lots within the subdivision shall be clearly posted by permanent markers which shall be maintained.
(4) Dimensional requirements. Manufactured homes on individual lots within a planned manufactured home subdivision shall comply with the density and dimensional requirements pursuant to Table 155-9. In addition, these manufactured homes shall:
(a) Have the towing apparatus, wheels, axis and transporting lights removed;
(b) Have the longest axis oriented parallel or within a ten degree deflection of being parallel to the lot frontage;
(c) Be set up with a continuous, permanent masonry foundation or masonry curtain wall installed under the perimeter, unpierced except for required ventilation and access, constructed in accordance with the standards of the State Building Code for One-and Two-Family Dwellings;
(d) Have stairs, porches, entrance platforms, ramps and other means of entrance and exit installed or constructed in accordance with the standards set forth in the State Building Code, anchored securely to the ground. Wood stairs shall only be used in conjunction with a porch or entrance platform with a minimum of 24 square feet;
(e) Have exterior siding comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction, consisting of one or more of the following:
(f) Have exterior siding comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction, consisting of one or more of the following:
1. Vinyl or aluminum lap siding (whose reflectivity does not exceed that of flat white paint);
2. Cedar or other wood siding;
3. Wood grain, weather-resistant press board siding;
4. Stucco siding; or
5. Brick or stone siding.
(f) Have a roof pitch minimum vertical rise of three feet for each 12 feet of horizontal run;
(g) Have the roof finished with a Class C or better roofing material that is commonly used in standard residential construction; and
(h) Have an eave projection for all roof structures of no less than six inches, which may include a gutter.
(I) Manufactured home park.
(1) Defined. A MANUFACTURED HOME PARK consists of a contiguous parcel of land with individual spaces leased for the placement of manufactured homes used as primary residences. Such a parcel is owned by an individual, firm, trust, partnership, public or private association, or corporation. Manufactured home parks are group developments with required improvements and utilities for the long-term location of two or more manufactured dwellings for rental purposes. A manufactured home park (also referred to as a manufactured home land lease community) does not include planned manufactured home communities.
(2) Additional requirements.
(a) A manufactured home park shall not be constructed or an addition made to an existing manufactured home park that either alters the number of sites for manufactured homes within the park or affects the facilities required therein until he or she secures a special use permit and operation/occupancy permit per this section that authorizes the construction and modifications.
(b) Manufactured homes placed in manufactured home parks shall comply with the permit, registration and set-up standards of § 155.04(C)(1).
(c) Only manufactured homes constructed pursuant to Federal Mobile Home Construction and Safety Standards (as reflected by a certificate placed upon the structure) are allowed in the park.
(d) A manufactured home shall not be placed in the park which has less than 500 square feet of heated interior enclosed floor space.
(e) Recreational vehicles, including park models, may be allowed in manufactured home parks subject to the following requirements:
1. A recreational vehicle, including park models, may be occupied in an established space within a manufactured home park provided that the recreational vehicle is not located within a space that is also occupied with a manufactured home;
2. Only one recreational vehicle, including park models, shall be permitted within each individual space;
3. The minimum stay for a recreational vehicle, including park models, shall be 30 days;
4. No recreational vehicle, including park models, shall be permitted to be stored in a manufactured home park;
5. The number of recreational vehicles, including park models, permitted to be located in a manufactured home park shall be limited to a maximum or 33% of the total number of approved spaces;
6. Recreational vehicles, including park models, located within a special flood hazard area shall comply with FEMA flood regulations;
7. Recreational vehicles, including park models, shall be subject to the same setback requirements as a manufactured home;
8. Recreational vehicles, including park models, shall be blocked up and anchored against overturning forces at the time of setup. Wheels and axles must remain on the unit at all times;
9. A permit is required for any RV to be located within the park; and
10. Accessory structures shall not be supported with recreational vehicles, including park models.
(f) A manufactured home shall not be occupied by more than one family and only one manufactured home is allowed per space.
(g) The corners of all spaces within the park shall be clearly posted by permanent markers which shall be maintained.
(h) The area beneath a manufactured home must be fully enclosed with durable skirting within 30 days of placement in the manufactured home park. Skirting shall comply with the requirements of § 155.04(C)(1).
(i) Prefabricated structures specifically designed by the manufacturer for manufactured dwelling extensions and any other addition meeting the State Building Code may be added to any manufactured dwelling provided that the building setback within the manufactured home space can be met and a building permit is issued by the city.
(j) Within a manufactured home park, one manufactured home or other permanent structure may be used as an administrative office. Other administrative and service buildings housing sanitation and laundry facilities or any other facilities shall be a permanent structure, complying with all applicable ordinances and statutes regarding buildings, electrical installations and plumbing and sanitation systems.
(k) Convenience establishments of a commercial nature may be provided within a manufactured home park and shall be limited to food stores, coin-operated laundromats, beauty parlors and barber shops. These may be permitted in manufactured home parks subject to the following restrictions:
1. The establishments shall be subordinate to the residential use and character of the park.
2. The establishment shall present no visible evidence of their commercial character from any portion of any residential district outside the park.
3. The establishment shall be designed to serve the trade and service needs of the park residents only.
(l) The person to whom an operating permit for a manufactured home park is issued shall maintain an accurate register containing a record of all occupants and owners of manufactured homes in the park. The register shall be available for the inspection at all times by the Zoning Administrator. Upon the arrival of units into or departure from the manufactured home park, the permittee is charged with informing the Zoning Administrator of each arrival or departure. In addition to, a zoning and building permit shall be required for the placement of any manufactured home within the manufactured home park. The register shall contain the following information:
1. Name of owner or occupant;
2. Manufactured home space address;
3. Year, make, model and registration; and
4. Date when occupancy within the manufactured home park begins and date when occupancy within the manufactured home park ceases.
(m) The person to whom an operating permit for a manufactured home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair, and in an orderly, safe and sanitary condition. All service buildings and the grounds of the park shall be kept clean and free from any condition that will menace the health of any occupant or the public or constitute a nuisance.
(n) In each mobile home park, the permittee or duly authorized attendant or caretaker shall keep the park grounds clear of all underbrush, and grass on the property shall not be allowed to exceed eight inches in height.
(o) Individual fuel containers and outdoor storage facilities shall be installed and maintained in a manner so as to meet the requirements of the State Building Code and other applicable state and local regulations.
(3) Dimensional requirements. Manu-factured home parks shall comply with the site development requirements of division (I)(6) below. The individual spaces within manufactured home parks shall comply with the following density and dimensional requirements.
(a) Average minimum space width: no less than 50 feet.
(b) Minimum space size: 5,000 square feet.
(c) Minimum setbacks for each space shall be:
1. Front: 15 feet;
2. Rear: ten feet; and
3. Side: ten feet.
(d) Minimum separation between manufactured homes:
1. Side: 20 feet; and
2. Front or rear: 20 feet.
(e) Separation between manufactured home and accessory structures (on same space): ten feet.
(f) Setback between manufactured home and any public street or exterior boundary line of the manufactured home park: 20 feet.
(4) Additional site development require-ments.
(a) The minimum lot size, tract or parcel of land to be used for a manufactured home park shall not be less than three acres in size, and shall contain at least nine manufactured home spaces as defined in this section. There shall not be more than eight manufactured homes per acre.
(b) The park shall have minimum side and rear yard setbacks of at least 20 feet and a front yard setback of at least 30 feet.
(c) Cul-de-sacs shall be provided with adequate turnaround specific to the designed development as recommended by the City Technical Review Committee. All interior streets shall be retained as private streets on the manufactured home park property.
(d) Each mobile home space shall be provided with off-drive parking spaces according to Chapter 157. Parking spaces shall not be located within any road or road right-of-way in the park unless adequate design and pavement width is provided for. Guest and overflow parking shall be provided so as to be readily accessible to all manufactured home spaces. Automobile parking shall not be allowed in other than the parking areas specified in the Manufactured Home Park Plan and areas so specified shall be off the drive.
(e) A minimum of 1,500 feet square per manufactured home space shall be reserved as useable open space. Private open space requirements and standards are more fully delineated in Chapter 157. In addition, at least 750 square feet of recreation space per manufactured home space shall be provided for private recreation space for the residents of the manufactured home park. The recreation area shall not contain less than 4,500 square feet. Recreational space requirements and standards are more fully delineated in Chapter 157.
(5) Facilities required. Each manufactured home park shall provide minimum facilities for occupants as follows.
(a) Each mobile home space shall be connected to appropriate sanitary sewerage and water supply systems, as specified in Title V of the city code of ordinances. Under no circumstances shall waste water from washing machines or similar sources be discharged on the ground or in streams.
(b) All plumbing installations shall conform to any and all applicable City and State Building and Plumbing Codes. Furthermore, each manufactured home shall be required to make separate connection with approved sewer or septic tank system immediately upon occupying a manufactured home site.
(c) If the manufactured home park is located within the corporate limits of the city, garbage and refuse disposal shall be required per Chapter 50 of the city code of ordinances. If located within the ETJ, at least one covered garbage and trash container (30 gallons maximum capacity) shall be provided for each manufactured home; containers shall be placed on racks and the racks shall be located within the manufactured home park at a point which is readily accessible for collection and screened from public view. In lieu of requiring individual garbage and trash containers for each manufactured home, other approved garbage and trash disposal facilities may be provided with the approval of the County Health Department.
(d) All interior drives, streets and walkways within the park shall be adequately illuminated as approved by the Board of Adjustment. The lighting shall be the responsibility of the park owner.
(6) Additional plan requirements. Pursuant to Chapter 153, the special use permit shall include a site plan which shall contain the elements in Appendix A
, and also shall include the following additional manufactured home park site plan requirements.
(a) The name of the manufactured home park, the names and addresses of the owner(s), operator(s) and the designer of the park.
(b) All existing conditions and proposed site developments as required in this chapter including preliminary plans of all buildings, improvements and facilities constructed or to be constructed within the park.
(c) The names, proposed location and approximate dimensions of proposed streets, alleys, driveways, entrances, exits, walkways, easements, recreation areas, parks and other spaces, reservations, open spaces, home spaces and building lines. This information should be graphical only, not requiring detailed computations or filed work, above that required to obtain the above information.
(d) Plans of proposed utility layouts (sewer lines, water lines, storm drainage and the like) showing feasible connections to existing and proposed utility systems; plan for electric lighting; and the location and number of garbage receptacles.
(e) Profiles of all proposed streets showing natural and finished grades drawn to scale of not less than one inch equals 40 feet horizontal and one inch equals four feet vertical.
(7) Occupancy/operating permit require-ments. Application for a special use permit shall constitute concurrent application for an occupancy/operating permit. The Zoning Administrator shall inspect the manufactured home park upon its completion and, if it conforms with the approved manufactured home park plan and special use permit, then an occupancy permit can be issued. The occupancy permit shall be revoked whenever the Zoning Administrator makes a finding that the requirements of the UDO are not being met. In that event, a new occupancy permit shall be issued only upon application and only after compliance with the requirements of the UDO.
(8) Conflict with Health Department regulations. In the event the State or County Board of Health has adopted or adopts regulations governing manufactured homes or manufactured home parks, the requirements of the UDO or the requirements of the State or County Board of Health, whichever is more stringent, shall govern.
(J) Upper story attached dwelling (mixed-use).
(1) Defined. UPPER STORY ATTACHED DWELLING (MIXED USE) are located in mixed-use buildings that contain nonresidential uses on the ground floor and residential dwellings above the ground floor. One or more of these buildings shall be planned as a unified complementary whole and functionally integrated to the use of shared vehicular and pedestrian access, amenities and parking areas.
(2) Additional requirements.
(a) The mixed-use building must be at least two stories tall with nonresidential uses restricted to the ground floor and residential uses located only above the ground floor. The uses must be functionally integrated in each structure and stand-alone residential structures are prohibited in the development.
(b) At least 20% of the total floor area of the mixed-use building must be dedicated to nonresidential use.
(c) The number of dwelling units per acre for the entire development shall not exceed the density for the residential zoning district in which it is located, or when located in a nonresidential district, the residential density allowed in the R-M District.
(d) Only those nonresidential uses shown on Table 155-8 as “P”, “S” and “CD” within the district are permitted in a mixed-use building. All “S” uses must also receive a special use permit pursuant to Chapter 153. Uses may also be approved under the conditional zoning district “CD” process as pursuant to Chapter 153. In addition, each nonresidential use shall be conducted wholly within the structure and not exceed the nonresidential floor area for the building within which it occupies.
(e) The ownership of the dwelling and nonresidential uses shall be organized as a condominium project and shall comply with the condominium requirements of § 155.0703(G), as may be applicable.
(3) Dimensional requirements.
(a) Developments composed of only one mixed-use building shall comply with the dimensional requirements of the applicable zoning district pursuant to Table 155-9.
(b) Developments composed of two or more mixed-use buildings shall comply with the requirements of division (J)(3)(a) above, as well as specific dimensional requirements for condominium uses, pursuant to § 155.0703(G).
(4) Additional site development require-ments.
(a) Vehicular access. The building or development shall have direct access to a collector or higher classified street.
(b) Parking. Parking spaces, as required in Chapter 157, shall be provided for the residence, the nonresidential activity, and any nonresident employees. Employee and customer parking may be consolidated into common parking areas located at strategic locations throughout the development.
(c) Noise. The use shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the zoning district in which it is located. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.
(d) Outside storage. No outside storage or display of items associated with the nonresidential uses shall be permitted.
(K) Boarding and rooming house.
(1) Defined. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging or both are provided for three or more persons, but not to exceed eight persons.
(2) Additional requirements.
(a) The use must be owned and operated by a resident owner.
(b) The use shall be located in a structure that was originally constructed as a single-family dwelling.
(c) The quarters utilized by boarders and occupants of the premises shall be in the principal residential structure.
(d) There shall be only one common kitchen and all meals served on the premises shall be only for residents of the facility.
(L) Bed and breakfast or tourist home.
(1) Defined. A private home offering bed and breakfast accommodations to eight or less persons per night.
(2) Additional requirements.
(a) The use must be owned and operated by a resident owner.
(b) Meals may be provided to overnight guests only and no cooking facilities may be provided in guest rooms.
(c) The use shall be located in a structure that was originally constructed as a dwelling.
(M) Family care home.
(1) Defined. FAMILY CARE HOME means a home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident persons with disabilities. A PERSON WITH DISABILITIES means a person with a temporary or permanent physical, emotional or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C3(11)b.
(2) Separation requirement. In accordance with the provisions of G.S. § 160D- 907, no family care home may be located within a one-half mile radius of an existing family care home.
(N) Group care facility and halfway house.
(1) Defined. A facility licensed by the state (by whatever name it is called, other than “Family Care Home” as defined by the UDO), with support and supervisory personnel that provides room and board, personal care or rehabilitation services in a family environment for not more than 30 people.
(2) Additional site development requirements.
(a) Property separation. No such facility shall be located within a 2,000-foot radius (measured by a straight line and not street distance) of another group care facility.
(b) Operation. The facility shall be limited to not more than 30 persons including resident managers.
(O) Orphanage.
(1) Defined. A residential institution devoted to the care of orphans (children whose parents are deceased or otherwise unable to care for them).
(2) Additional requirements.
(a) Minimum lot area: 8,000 square feet for the first nine patient beds, rooms or suites plus 1,000 square feet for each additional patient bed, room or suite or the minimum lot area requirement for the zoning district, whichever is greater.
(b) Minimum building separation: 20 feet.
(c) Vehicular access: for facilities on parcels greater than three acres, the principal vehicular access shall be from a collector or higher capacity road.
(P) Temporary emergency shelter.
(1) Defined. A facility providing, without charge, temporary sleeping accommodations, with or without meals, for individuals and/or families displaced from their residences as a result of sudden natural or human-made catastrophe including, but not limited to, earthquake, fire, flood, tornado, hurricane or the release of hazardous or toxic substance(s) into the environment. Such a natural or human-made catastrophe must be designated by the responsible local, state or federal official, or an emergency agency.
(2) Additional site development requirements.
(a) Time limitation. The Zoning Administrator shall initially establish an automatic expiration date for the permit for such a facility with provisions for a maximum 180 days renewal, if necessary.
(b) Location. The facility shall be contained within the building of and operated by a government agency or non-profit organization.
(c) Minimum floor area. A minimum floor space of 50 square feet shall be provided for each individual sheltered.
(d) Operation. The facility shall provide continuous on-site supervision during the hours of operation.
(Q) Residential cluster development.
(1) Defined. The grouping of single-family residential dwellings in order to conserve land resources, avoid environmentally sensitive areas, and provide for innovation in the design of the project including minimizing stormwater runoff impacts. Each residential cluster dwelling shall be on an individual single-family lot, with private yards on all four sides and some common open space within the development.
(2) Additional requirements.
(a) Residential cluster development is a type of residential development which allows the transferring of densities, dwelling units, from one area of a land parcel to another. Residential cluster development is to be considered as an alternative to conventional single-family detached or single-family attached.
(b) All site plans for residential cluster developments must be approved through the Conditional Zoning District process.
(c) The uses permitted within the residential cluster development shall be the same as those permitted in the zoning district in which it is located.
(3) Density.
(a) The development shall result in a permitted number of dwelling units which shall in no case exceed the number of dwelling units which could be permitted if the land was subdivided into single-family detached housing lots conforming to the minimum lot size and density requirements of the zoning district or districts in which the land is located.
(b) A lot shall not be reduced in size more than 40% below the conventional single-family lot for the zoning district in which the residential cluster development is located.
(c) Every parcel intending to be sold shall front on either a public street or common area to be owned by a homeowners association.
(4) Common areas.
(a) Areas not shown as lots, streets or right-of-way on the site development plan shall be designated as common areas and on any subdivision plat as an area to be held in separate ownership for the use and benefit of residents of the development.
(b) Easements over the common areas for access, ingress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.
(c) All common walls between individual residences shall be fire rated per State Building Code and provisions for the maintenance thereof and restoration in the event of destruction or damages shall be established.
(d) The minimum amount of recreation space and useable common open space that shall be reserved for passive and/or active open space purposes shall be in accordance with the standards and requirements of Chapter 157.
(5) Additional plan requirements. Pursuant to Chapter 154, a site plan shall contain the elements in Appendix A as well as the following additional residential cluster site plan requirements: the site plan shall number and show the location and dimensions of residential sites within the development. A residential site is that property intended for conveyance to the fee simple owner for the purpose of construction thereon of a residence and shall be no less than 40% of the minimum lot size for a single-family lot in the zoning district in which the residential cluster development is located. The residential site may be on any larger size lot desired by the developer, provided that in this case the residential structure shall be located within the required setback areas from a public street right-of-way as set out for the zoning district in which the residential cluster development is located.
(R) Traditional Neighborhood Development (TND).
(1) Defined. A TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) is a land development technique that encourages mixed-use, pedestrian-oriented communities and promotes the diversification and integration of land uses. A TND is a human scale, walkable community composed of a variety of housing types and densities and a mixed use core of shopping, offices, public and civic uses.
(2) Additional design requirements. TNDs shall adhere to the following additional general principles and design standards.
(a) Neighborhoods have clearly delineated centers and edges and are limited in size to promote pedestrian activity.
(b) The distance from the center to the edge of a neighborhood is generally no greater than one-quarter to one-half mile.
(c) TNDs provide a balanced mix of residential, retail, professional and personal service, office, civic, public and recreational uses.
(d) Residential uses include a diversity of housing types and densities.
(e) Street patterns are interconnected and blocks are short.
(f) TNDs are organized around an activity center consisting of shopping, offices, public and civic uses, which may contain mixed-use.
(g) Public and civic uses, such as schools, libraries, government offices, parks and recreational facilities, plazas and village greens are prominent features and focal points.
(h) Formal and informal open space is located and interconnected throughout a TND.
(3) Dimensional requirements.
(a) Minimum lot area and density.
1. Individual lot sizes may be reduced below the minimum specified in Table 155-9 for the zoning district in which the TND is located.
2. The permitted density of the residential component of a TND shall be determined during the Conditional Zoning District process, however, the density shall not exceed the maximum density delineated in Table 155-6 and as recommended in the city’s Comprehensive Land Use Plan:
3. Factors taken into consideration in determining the permitted density of a specific TND shall include the anticipated vehicular traffic, infrastructure and environmental impacts of the proposed TND (see Table 155-8) and as recommended in the City Comprehensive Land Use Plan.
(b) To promote flexibility and creativity, dimensional standards shall be established in accordance with the TND purpose and design principles. The determination of appropriate building setbacks and lot coverage for the proposed uses will be made during the Conditional Zoning District process.
(c) Each lot created within a TND shall be of sufficient size and dimension and that it can support the structure proposed to be located on it, consistent with all other applicable requirements of the UDO.
(4) Permitted uses.
(a) Residential uses: permitted residential uses within a TND include single-family detached dwellings, modular homes, zero lot line detached homes, semi-attached/duplex homes, multiplex attached homes, townhouse dwellings, condominium dwellings, multi-family dwellings/apartments, residential cluster dwellings and upper-story attached dwellings and/or mixed use.
(b) Nonresidential uses: nonresidential uses allowed within a TND shall be the same as those specified for the underlying zoning district in Table 155-8, Table of Permitted Uses. In addition, permitted nonresidential uses shall not be more than 15% of the total land area of a TND.
(c) A nonresidential use shall not be permitted within 150 feet of the perimeter of the TND unless the same or a similar use exists adjacent to the perimeter at the time of approval of the TND or is a use permitted by zoning on the adjoining property.
(d) Building permits for commercial uses in TNDs shall not be approved until building permits authorizing the construction of at least 30% of the total residential units have been issued.
(5) Additional site development requirements.
(a) The minimum and maximum land area devoted to specific land use types shall be determined as provided in Table 155-7:
(b) The design and construction of streets within a traditional neighborhood development shall comply with the NCDOT’s Traditional Neighborhood Development (TND) Guidelines.
(Ord. passed 7-25-2011; Ord. 19-O-02, passed 6-24-2019; Ord. 21-O-01, passed 2-22-2021; Ord. 21-O-04, passed 6-28-2021)