§ 159.24 (D) DUPLEX RESIDENTIAL DISTRICT.

(1) This district is considered to be the proper zoning classification for one-acre lot developments for single-family dwelling use. This district is intended to be composed of single-family dwellings.

(2) Areas that are zoned for this use shall have or provide for water, wastewater, drainage, and access to paved streets based on single-family usage required by the allowed density.

(3) It is intended for areas that are properly buffered from non-residential uses, and protected from pollution and/or environmental hazards or from high volume of non-single family traffic.

(4) Developers wishing to restrict their subdivision to lot sizes in excess of what this chapter requires shall use restrictive covenants.

(B) Permitted uses.

(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;

(2) One detached main single-family dwelling per lot;

(3) A single one-story detached building used as a tool or storage shed, playhouse, or similar use, provided the floor area does not exceed 120 square feet and the height does not exceed ten feet (no building permit required);

(4) Temporary real estate sales offices located on property being sold, limited to the period of sale of the lots with an initial two-year period and one-year extensions being authorized by the Planning and Zoning Commission; the sales offices are to be maintained at all times;

(5) Temporary on-site construction offices, limited to the period of construction, with an initial two-year period and one-year extensions being authorized by the Planning and Zoning Commission; such offices are to be maintained at all times;

(6) Home occupations;

(7) Paved automobile parking areas which are necessary for the uses permitted in this district;

(8) All municipality owned or controlled facilities, utilities, and uses;

(9) Private residential swimming pools as an accessory to the main residential use;

(10) Private unlighted residential tennis courts on the same lot as an accessory to the main residential use;

(11) Temporary concrete batching plants, limited to the period of construction, upon approval of location and operation by the Building Official;

(12) Public, denominational and private schools; churches; and public parks essential to create basic neighborhood units;

(13) Wind energy systems on lots greater than ten acres in size subject to all terms and conditions of § 159.50; and

(14) Accessory buildings and dwelling units. The maximum combined floor area, maximum size for a single building, maximum wall height, and number of accessory buildings per lot/tract permitted shall be based on the lot/tract size. Such regulations shall conform to the following criteria in Table (B) (14) below:

TABLE (B)(14)
(a) Lot/ Tract Size (acres)	(b) Maximum Number of Accessory Buildings Allowed per Lot3	(c) Maximum, Combined Floor Area Allowed1 (All Accessory Buildings/ Dwelling Units (sq.ft.)	(d) Maximum Size for a Single Accessory Structure (sq. ft.)2	(e) Maximum Building Height (ft.)4	(f) Setback from Rear Facade of Primary Residence (ft.)5	(g) Minimum Separation from other Buildings (ft.)

TABLE (B)(14)
(a) Lot/ Tract Size (acres)	(b) Maximum Number of Accessory Buildings Allowed per Lot3	(c) Maximum, Combined Floor Area Allowed1 (All Accessory Buildings/ Dwelling Units (sq.ft.)	(d) Maximum Size for a Single Accessory Structure (sq. ft.)2	(e) Maximum Building Height (ft.)4	(f) Setback from Rear Facade of Primary Residence (ft.)5	(g) Minimum Separation from other Buildings (ft.)
1 to < 2	1	1,000	900	25	25	20
2 to < 3	2	1,500	1,200	25	25	20
3 to < 4	3	3,500	2,5003	25	30	20
4 to < 5	3	4,000	3,0003	25	35	20
5 to < 7.5	4	4,500	3,5003	30	45	20
7.5 to < 10	4	5,500	4,5003	30	55	20
10+	4	6,500	5,5003	30	60	20
1. All existing utility services extended to the accessory building(s) shall be metered to the same utility account holder/customer for the primary residence. 2. A conditional use permit shall be required for a detached residential garage as defined in § 159.42. 3. Only one detached accessory dwelling unit shall be permitted per lot or tract with a maximum building area specified in column (d) above for each lot/tract size category. The maximum size for an accessory dwelling for the 3 to < 4 acres and larger lot/tract size categories shall not exceed 2,000 square feet. An accessory dwelling unit shall not be sold or conveyed separately without meeting the requirements of the zoning district and the subdivision ordinance. All other accessory structures not used as an accessory dwelling unit shall have no sleeping areas, bathroom or kitchen plumbing (except for one hand sink), or kitchen facilities. 4. Building height shall be the distance measured from the average elevation of the finished grade along the front of the building to the average height of the highest roof structure. 5. Measured from the rear building elevation that encloses the climate control residence, which is situated the furthest perpendicular distance away from the street right-of-way that adjoins the front yard of the lot or parcel.

(1) Associated recreation and/or community clubs;

(2) Accessory buildings that do not conform to the requirements specified in division (B)(14) above;

(3) Facilities for railroads or those utilities holding a franchise in the city;

(4) Paved parking facilities for non-residential uses that are not allowed in this district if properly screened, buffered, and landscaped;

(5) A private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;

(6) A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district;

(7) Agricultural use; and

(8) Wind energy systems that do not conform to requirements listed in division (B)(13) above (see also § 159.50).

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, materials, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district;

(3) Any use of property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required; and

(4) Daycare centers.

(E) Area requirements.

(1) Minimum lot area, as defined herein: one acre (43,560 square feet);

(2) Maximum number of main single-family detached dwelling units per lot: one;

(3) Minimum square footage per dwelling unit: 3,200 square feet;

(4) Minimum lot width: 100 feet at the front building line;

(5) Minimum lot depth: 175 feet;

(6) Minimum depth of front setback: 50 feet;

(a) No front entry garages shall be permitted at the 50-foot front building line.

(b) Garages built at the 50-foot building line shall be oriented in a traditional swing (j-swing) configuration or be a side entry garage.

(c) All front-facing garages, where the garage doors directly face and are generally parallel with the front street alignment, shall be setback 75 feet from the front property line.

(d) All front-facing garages, as described in (6)(c) above, shall be required to be set back from the front building envelope of the primary structure by at least 20-feet;

(7) Minimum depth of rear setback: 25 feet for the main building and ten feet for accessory building or other structure;

(8) Minimum width of side setback:

(a) Internal lot: 15 feet; and

(b) Side yard setback abutting street: 30 feet;

(9) Minimum length of driveway pavement: from public right-of-way to the building line or 50 feet, whichever is greater;

(10) Maximum building coverage as a percentage of lot area, as defined herein: 35%;

(11) Maximum height of structures: 35 feet. All other structure heights shall be in accordance with Table (B)(14); and

(12) Minimum number of paved off-street parking spaces required for:

(a) One main single-family dwelling unit: two (an enclosed garage shall not be considered in meeting the off-street parking requirements); and

(b) All other uses: see §§ 159.60 through 159.68.

(2005 Code, § 12-2-2) (Ord. 000615, passed - - ; Ord. 010419D, passed - - ; Ord. 101221A, passed 12-21-2010; Ord. 151013C, passed 11-10-2015; Ord. 160412-D, passed 4-12-2016; Ord. 181211B, passed 12-11-2018; Ord. 221025A, passed 10-25-2022)

§ 159.22 (SF-22) SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose.

(1) This district is an obsolete, inactive district with legal nonconforming status. The city may not accept zoning applications for this district. Legal nonconforming structures in this district are subject to the regulations herein, which are retained in this code for enforcement purposes.

(2) This district is considered to be the proper zoning classification for one-half-acre lot developments for single-family dwelling use. This district is intended to be composed of single-family dwellings.

(3) Areas that are zoned for this use shall have or provide for water, wastewater, drainage, and access to paved streets based on single-family usage required by the allowed density.

(4) It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.

(5) Developers wishing to restrict their subdivision to lot sizes in excess of what this chapter requires shall use restrictive covenants.

(B) Permitted uses.

(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;

(2) One detached single-family dwelling per lot;

(4) A single detached accessory building, built of like materials and design as the main building, that does not exceed 2% of the total square footage of the lot or parcel of land (for example, 22,000 square feet x .02 = 440 square feet) and 15 feet in height or 50% of the area of the main building. The maximum size may not exceed 900 square feet in area or 15 feet in height;

(5) Temporary real estate sales offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such sales offices to be maintained at all times;

(6) Temporary on-site construction offices, limited to the period of construction with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;

(7) Home occupations;

(8) Paved automobile parking areas which are necessary to the uses permitted in this district;

(9) All municipality owned or controlled facilities, utilities, and uses;

(10) Private residential swimming pools as an accessory to a residential use;

(11) Private unlighted residential tennis courts on the same lot as an accessory to a residential use;

(12) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official;

(13) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units;

(14) For a guest house, the maximum size may not exceed 900 square feet in area on parcels of land under two acres in size, or 1,742 square feet on parcels of land two acres or greater in size. It must comply with all area requirements of the district and may not be made available or used for lease, rent, or hire, and the owner of the use may not receive remuneration for the use of one of the above. In addition, the uses shall not be sold or conveyed separately without the meeting the requirements of the Subdivision Ordinance;

(15) For servant's quarters, the quarters may be a portion of the main building or, if the parcel of land exceeds two acres in size, the quarters may be a separate building not exceeding 1,742 square feet in total floor area. The quarters must comply with all area requirements of the district and may not be made available or used for lease, rent, or hire, and the owner of the use may not receive remuneration for the use of one of the above. In addition, the uses shall not be sold or conveyed separately without meeting the requirements of the Subdivision Ordinance; and

(16) A single open landscape structure on the same lot as an accessory to a residential use and used as a trellis, arbor, pergola, gazebo, or outdoor kitchen that does not exceed 350 square feet in area and 15 feet in height.

(1) Associated recreation and/or community clubs;

(2) Guest houses or separate servant quarters;

(3) Accessory buildings that do not conform to the requirements specified in division (B)(4) above;

(4) Facilities for railroads or those utilities holding a franchise in the city;

(5) Paved parking facilities for nonresidential uses that are not allowed in this district if properly screened, buffered, and landscaped;

(6) A private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;

(7) A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district; and

(8) Agricultural use.

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, material, or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district;

(4) Day care centers.

(E) Area requirements.

(1) Minimum lot area: one-half acre (22,000 square feet);

(2) Maximum number of single-family detached dwellings per lot: one;

(3) Minimum square footage per dwelling unit: 1,500 square feet;

(4) Minimum lot frontage width: 90 feet at the front building line;

(5) Minimum lot depth: 175 feet;

(6) Minimum depth of front setback: 30 feet;

(7) Minimum depth of rear setback: 25 feet for main building and ten feet for accessory building or other structure;

(8) Minimum width of side setback:

(a) Internal lot: 15 feet; and

(b) Side yard setback abutting street: 30 feet.

(9) Minimum distance between separate buildings on the same lot or parcel of land: 15 feet;

(10) Minimum length of driveway pavement: from public right-of-way building line or 30 feet whichever is greater;

(11) Maximum building coverage as a percentage of lot area: 35%;

(12) Maximum height of structures: 35 feet; and

(13) Minimum number of paved off-street parking spaces required for:

(a) One single-family dwelling unit: two (an enclosed garage shall not be considered in meeting the off-street parking requirements); and

(b) All other uses: see §§ 159.60 through 159.68.

(2005 Code, § 12-2-3) (Ord. 000615, passed - -; Ord. 010419D, passed - -; Ord. 151013C, passed 11-10-2015; Ord. 181211B, passed 12-11-2018)

§ 159.23 (SF-15) SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose.

(2) This district is considered to be the proper zoning classification for 15,000 square feet lot developments for single-family dwelling use. This district is intended to be composed of single-family dwellings.

(3) Areas that are zoned for this use shall have or provide for water, wastewater, drainage, and access to paved streets based on single-family usage required by the allowed density.

(4) It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.

(5) Developers wishing to restrict their subdivision to lot sizes in excess of what this chapter requires shall use restrictive covenants.

(B) Permitted uses.

(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;

(2) One detached single-family dwelling per lot;

(4) A single detached accessory building, built of like materials and design as the main building, that does not exceed 2% of the total square footage of the lot or parcel of land (for example, 15,000 square feet x .02 = 300 square feet) and 15 feet in height or 50% of the area of the main building. The maximum size may not exceed 900 square feet in area or 15 feet in height;

(6) Temporary on-site construction offices, limited to the period of construction, with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;

(7) Home occupations;

(8) Paved automobile parking areas which are necessary to the uses permitted in this district;

(9) All municipality owned or controlled facilities, utilities, and uses;

(10) Private residential swimming pools as an accessory to a residential use;

(11) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official;

(12) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units; and

(13) A single open landscape structure on the same lot as an accessory to a residential use and used as a trellis, arbor, pergola, gazebo, or outdoor kitchen that does not exceed 350 square feet in area and fifteen feet in height.

(1) Associated recreation and/or community clubs;

(2) Accessory buildings that do not conform to the requirements specified in division (B)(4) above;

(3) Facilities for railroads or those utilities holding a franchise in the city;

(4) Paved parking facilities for temporary nonresidential uses that are not allowed in this district if properly screened, buffered, and landscaped;

(5) A private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;

(6) A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district; and

(7) Agricultural use.

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, material, or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district;

(3) Any use of property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre as required; and

(4) Day care centers.

(E) Area requirements.

(1) Minimum lot area: 15,000 square feet;

(2) Maximum number of single-family detached dwelling units per lot: one;

(3) Minimum square footage per dwelling unit: 1,500 square feet;

(4) Minimum lot width: 80 feet at the front building line;

(5) Minimum lot depth: 125 feet;

(6) Minimum depth of front setback: 30 feet;

(7) Minimum depth of rear setback: 25 feet for main building and ten feet for accessory building or other structure;

(8) Minimum width of side setback:

(a) Internal lot: ten feet; and

(b) Side yard setback abutting street: 30 feet.

(9) Minimum distance between separate buildings on the same lot or parcel of land: 15 feet;

(10) Minimum length of driveway pavement: from public right-of-way to building line or 30 feet whichever is greater;

(11) Maximum building coverage as a percentage of lot area: 35%;

(12) Maximum height of structures: 35 feet; and

(13) Minimum number of paved off-street parking spaces required for:

(a) One single-family dwelling unit: two (an enclosed garage shall not be considered in meeting the off-street parking requirements); and

(b) All other uses: see §§ 159.60 through 159.68.

(2005 Code, § 12-2-4) (Ord. No. 000615, passed - -; Ord. 151013C, passed 11-10-2015; Ord. 181211B, passed 12-11-2018)

§ 159.24 (D) DUPLEX RESIDENTIAL DISTRICT.

(A) Purpose.

(2) The Duplex Residential District is established to provide adequate space and site diversification, duplex type residential development with two dwelling units per lot, and almost twice the density of a typical single-family development, and to adjust the area requirements accordingly.

(3) Duplex type development is a low to medium density use, and additional requirements for streets, water, and fire protection, wastewater, drainage, and adequate open space shall be met before development to such use.

(4) Duplex developments are not necessarily a buffer between single-family and commercial uses, and should be properly buffered from nonresidential traffic, or from pollution and/or environmental hazards.

(B) Permitted uses.

(1) Agricultural uses on unplatted land in accordance with other adopted ordinances;

(2) One single-family detached dwelling must meet the requirements of the SF-15 District;

(3) One duplex on a lot with fire retardant walls, separate utility meters, and separate sewer lines;

(4) One accessory building not larger than 120 square feet of floor area, nor taller than ten feet in height, used as an accessory to a residential use on the same lot;

(5) Accessory buildings not larger than 100 square feet of floor area, nor taller than ten feet in height, used as an accessory to a residential use on the same lot;

(6) Temporary real estate sales offices located on property being sold, limited to the period of sale with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;

(7) Temporary on-site construction offices, limited to the period of construction, with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such offices to be maintained at all times;

(8) Paved automobile parking areas which are necessary to the uses permitted in this district;

(9) All municipality owned or controlled facilities, utilities, and uses;

(10) Private residential swimming pools as an accessory to a residential use;

(11) Home occupations;

(12) Private unlighted residential tennis counts on the same lot as an accessory to a residential use;

(13) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official; and

(14) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units.

(1) Associated recreation and/or community clubs;

(2) Facilities for those utilities holding a franchise in the city;

(3) Private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;

(4) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district; and

(5) Agricultural use.

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district;

(3) Any use of property that does not meet the required minimum lot sizes; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre as required; and

(4) Day care centers.

(E) Area requirements.

(1) Single-family detached units shall meet the area requirements of the SF-15 District;

(2) Minimum lot area: 15,000 square feet;

(3) Maximum number of single-family attached dwelling units per lot: two;

(4) Minimum square footage per each attached dwelling unit: 1,200 square feet;

(5) Minimum lot width: 90 feet at front building line;

(6) Minimum lot depth: 175 feet;

(7) Minimum depth of front setback: 30 feet;

(8) Minimum depth of rear setback: 25 feet;

(9) Minimum width of side setback:

(a) Abutting structures separated by fire retardant walls: 0 feet;

(b) Internal lot: ten feet; and

(10) Minimum distance between buildings on the same lot or parcel of land: 15 feet;

(11) Minimum length of driveway pavement from the public right-of-way on a side or rear yard: 20 feet;

(12) Maximum height of structures: 35 feet;

(13) Maximum building coverage as a percentage of lot area: 45% of lot area; and

(14) Minimum number of paved parking spaces required for:

(a) Each attached residential dwelling unit: two spaces (an enclosed garage shall not be considered in meeting the off-street parking requirements); and

(b) All other uses: see §§ 159.60 through 159.68.

(2005 Code, § 12-2-5) (Ord. 000615, passed - -; Ord. 181211B, passed 12-11-2018)

§ 159.25 (TH) TOWNHOUSE RESIDENTIAL DISTRICT.

(A) Purpose.

(1) The Townhouse Residential District is established to provide adequate space and site diversification for residential development that is single-family, on separate lots, and typically owner occupied.

(2) The zone recognizes the difference between single-family detached and single-family attached dwelling units, and has adjusted the area requirements accordingly.

(3) Areas zoned for this use shall have or provide for water and fire protection, wastewater, drainage, access to paved streets, and adequate open space should be met or provided for before zoning to this district.

(4) Townhouse developments must be properly buffered from nonresidential usage and protected from high volumes of non-single family traffic, or from pollution and/or environmental hazards.

(B) Permitted uses.

(1) Agricultural uses on unplatted land, in accordance with all other adopted ordinances;

(2) One single-family detached dwelling (other than zero lot line detached dwellings) shall meet the area requirements of division (E) below; and one single-family detached zero-lot line dwelling shall meet the area requirements of division (F) below;

(3) Townhouses, attached; or patio homes, detached, with fire walls and zero-lot line;

(4) Temporary real estate sale offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and a one-year extension being authorized by the Planning and Zoning Commission, such sales offices to be maintained at all times; and

(5) One accessory building not larger than 120 square feet of floor area nor taller than ten feet in height, used as an accessory to a residential use on the same lot.

(1) Associated recreation and/or community clubs;

(2) Facilities for those utilities holding a franchise in the city;

(3) Paved parking facility for nonresidential uses that are not allowed in this district provided they are properly screened, buffered, and landscaped;

(4) Mobile construction offices;

(5) Private residential tennis court used as an accessory to a residential use if not located on the same lot or utilizing lights;

(6) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district;

(7) Agricultural use; and

(8) Day care center and day nursery.

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district; and

(3) Any use of property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width.

(E) Area requirements.

(1) Single-family dwellings (other than zero-lot line detached dwellings) and duplexes shall meet the area requirements of this division (E);

(2) Minimum lot area: 10,000 square feet;

(3) Maximum number of single-family attached dwelling units per lot: two;

(4) Minimum square footage per dwelling unit: the first floor of each attached dwelling unit shall contain at least 1,200 square feet of enclosed living space;

(5) Minimum lot frontage on a public street: 80 feet;

(6) Minimum lot depth: 100 feet;

(7) Minimum depth of front setback: 30 feet;

(8) Minimum depth of rear setback: 25 feet;

(9) Minimum width of side setback:

(a) Abutting structures separated by fire retardant walls: 0 feet;

(b) Internal lot: 20 feet; and

(10) Minimum separation between attached buildings: every 250 feet there shall be a minimum of 20 feet between buildings;

(11) Minimum distance between buildings on the same lot or parcel of land: 20 feet;

(12) Minimum length of driveway pavement from the public right-of-way from R.O.W. line to building line or 20 feet whichever is greater;

(13) Maximum height of structures: 35 feet;

(14) Maximum building coverage as a percentage of lot area: 45%;

(15) Minimum amount of permanent, landscaped open space: 10% of total lot;

(16) Minimum number of off-street parking spaces required for:

(a) One single-family attached or detached dwelling unit:

1. Rear or side entry garage: two spaces; and

2. Front entry garage: two spaces. An enclosed garage shall not be considered in meeting the off-street parking requirements.

(b) All other uses: see §§ 159.60 through 159.68.

(17) All common walls shall be constructed of masonry or other fireproof material of ten-inch minimum thickness and extended from the finished floor level to two feet above the roof line.

(F) Area requirements; zero-lot line.

(1) The zero-lot line Townhome District is an obsolete, inactive district with legal nonconforming status. The city may not accept zoning applications for this district. Legal nonconforming structures in this district are subject to the regulations herein, which are retained in this code for enforcement purposes.

(2) Single-family zero-lot line detached dwellings shall meet the area requirements of this division (F);

(3) Lot area and density:

(a) Minimum lot area: 6,000 square feet; and

(b) Maximum density: no more than five dwelling units per acre.

(4) Minimum square footage per dwelling unit: the floor of each dwelling unit shall contain at least 1,500 square feet of enclosed living space;

(5) Minimum lot frontage on a public street, as measured at the platted front building line: 50 feet;

(6) Minimum lot depth as measured perpendicularly to the center point of the platted front building line: 90 feet;

(7) Minimum depth of front setback: 20 feet;

(8) Minimum depth of rear setback:

(a) Main building: 15 feet; and

(b) Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.

(9) Minimum width of side setback:

(a) Zero lot line abutting adjacent side yard:

1. Main building, one side: zero feet; and

2. Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.

(b) Internal lot:

1. Main building: side opposite zero setback: ten feet; and

2. Accessory use: five feet. For a swimming pool: an additional one foot for every one foot of pool depth in excess of five feet.

(10) Minimum length of driveway pavement from the public right-of-way or rear alley right-of-way: 20 feet;

(11) Maximum building coverage as a percentage of lot area: 50%;

(12) Maximum height of structure: 36 feet; and

(13) Minimum number of off street parking spaces:

(a) Rear or side entry: two spaces;

(b) Front entry garage: two spaces (an enclosed garage shall not be considered in meeting the off-street parking requirement); and

(2005 Code, § 12-2-6) (Ord. 941006A, passed - -; Ord. 000323C, passed - -; Ord. 000615, passed - -; Ord. 010419, passed - -; Ord. 010419D, passed - -; Ord. 181211B, passed 12-11-2018)

§ 159.26 (MF-8) HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.

(A) Purpose.

(1) The (MF-8) High Density Multi-Family District is established to provide adequate space and site diversification for high density areas.

(2) This zone allows high density developments, and should be located where additional requirements for streets, water, and fire protection, wastewater, drainage, and adequate open space are met. MF-8 uses should not run traffic over long distances of single-family neighborhoods, and should be located close to arterials or collectors capable of carrying the additional traffic.

(3) Multi-family developments are not necessarily a buffer between single-family and commercial uses, and should be properly buffered from nonresidential land uses and traffic, or from pollution and/or environmental hazards.

(B) Permitted uses.

(1) Agricultural uses on unplatted land in accordance with other adopted ordinances;

(2) One single-family detached dwelling must meet the requirements of the SF-15 District;

(3) Duplexes meeting the requirements of the (DP) Duplex Residential District;

(4) For one townhouse, or patio home per lot, structures must meet the area requirements of the TH District;

(5) Multiple-family dwelling units;

(6) Temporary real estate sales offices located on property being sold, limited to the period of sale of the lots with a two-year initial period and one-year extensions being authorized by the Planning and Zoning Commission, such office to be maintained at all times;

(7) Temporary on-site construction offices limited to the period of construction, with a two-year initial period and one-year extension being authorized by the Planning and Zoning Commission, such office to be maintained at all times;

(8) Paved automobile parking areas which are necessary to the uses permitted in this district;

(9) Home occupations;

(10) Municipally owned or controlled facilities, utilities, and uses;

(11) Accessory recreational uses such as tennis courts or swimming pools, designed for use by residents of a specific project. Lighting for such uses shall be designed so as not to glare across property lines, nor glare into residential areas on the same property;

(12) Temporary concrete batching plants limited to the period of construction, upon approval of location and operation by the Building Official; and

(13) Public, denominational and private schools, churches, and public parks essential to create basic neighborhood units.

(1) For associated recreation and/or community clubs, the uses shall be included in calculating the coverage requirements of this district;

(2) Facilities for those utilities holding a franchise in the city;

(3) Portable buildings on the same lot;

(4) Paved parking facilities for nonresidential uses not allowed in this district, if properly screened, buffered, and landscaped;

(5) A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district;

(6) Day care centers;

(7) Agricultural use; and

(8) One storage building used as an accessory to a residential use on the same lot.

(D) Prohibited uses.

(1) Any building erected or land used for other than one or more of the preceding specified uses;

(2) The storage of equipment, material, or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district; and

(3) Any use of the property that does not meet the required minimum lot size; front, side, and rear yard dimension and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre is required.

(E) Area requirements.

(1) Townhouses shall meet the requirements of the TH District;

(2) Duplexes shall meet the requirements of the DP District;

(3) Minimum site lot area, as defined herein: one acre;

(4) Minimum living area: 1,000 square feet;

(5) Maximum density per each acre: eight units/acre;

(6) Minimum lot frontage on a public street: 100 feet;

(7) Minimum lot depth: 100 feet;

(8) Minimum depth of front setback: 30 feet;

(9) Minimum depth of rear setback:

(a) One-story structure: 25 feet; and

(b) Two-story structure: 50 feet.

(10) Minimum width of side setback:

(a) Abutting a single-family, townhouse, or duplex district:

1. One-story structure: 25 feet; and

2. Two-story structure: 50 feet.

(b) Internal lot: 20 feet; and

(11) Minimum distance between buildings on the same lot or parcel of land:

(a) Ten feet from main to accessory buildings;

(b) Twenty feet for two main buildings with doors or windows in facing walls; and

(12) Maximum building coverage as a percentage of lot area, as defined herein: 45%;

(13) Maximum height of structures: 36 feet; and

(14) Minimum amount of permanent, landscaped open space: 20% of total lot area, as defined herein, with 30% of total requirement located in the required front yard as defined. All required landscaped areas shall be permanently maintained and shall have an irrigation system installed meeting all applicable city codes, and approved by the Building Official;

(F) Required conditions.

(1) Any owner, builder or developer of a multiple-family dwelling complex or single-family townhouse attached unit shall submit to the Architectural Review Board and the Planning and Zoning Commission for review and approval, the site and building plan for the proposed development at the time the zoning request is made. In any case, a site plan shall be submitted and approved prior to an application for a building permit. The contents of this site plan shall contain drawings to scale to indicate as needed:

(a) Location of all structures proposed and existing on the subject property and within 20 feet on adjoining property;

(b) Landscaping and/or fencing of yards and setback areas and proposed changes;

(d) Location of adjacent zoning districts;

(e) Off-street parking and loading facilities;

(f) Height of all structures;

(g) Proposed uses;

(h) Location and types of all signs, including lighting and heights;

(i) An outdoor lightning plan in conformance with Chapter 98, “Outdoor Lighting/Dark Sky Ordinance”, as amended, to the extent practicable.

(j) Fire lanes;

(k) Solid waste facilities; and

(l) Utility service locations.

(2) The purpose of the site plan review is:

(a) To insure compliance with the Zoning Ordinance, while allowing for design flexibility;

(b) To assist in the orderly and harmonious development of the city;

(d) To provide protection from fire;

(e) To avoid undue concentrations of population and overcrowding of land; and

(f) To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.

(3) After receiving a recommendation from the Architectural Review Board, the Planning and Zoning Commission may approve an application for a multiple-family dwelling complex if the proposed development meets all the minimum standards established in this chapter and other applicable ordinances, and if the Commission finds that the proposed development will not be detrimental to the health, safety or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to the neighboring property. It shall disapprove or conditionally approve any application which fails to meet the above criteria or is in conflict with the Comprehensive Plan or the adopted growth policies of the city; and

(4) The site plan shall be submitted to the City Secretary two weeks prior to the regularly scheduled Architectural Review Board meeting for review as established by the Architectural Review Board.

(2005 Code, § 12-2-7) (Ord. 000615, passed - -; Ord. 181127B, passed 11-27-2018; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)

§ 159.27 (LR) LOCAL RETAIL DISTRICT REGULATIONS.

(A) Purpose. This section is intended to preserve the public health, safety, morals, and promote the general welfare of the residents of the city by creating regulations and construction standards for the establishment of local retail districts within the city. Particular consideration is given to the necessity of septic sewage systems, the regulation of density developments, the preservation of the rural environment, establishment of noise and site buffer zones, and promotion of quality development likely to hold its value and provide fire protection and safety.

(B) Permitted uses.

(1) Buildings within this district shall be restricted to the following uses: retail stores, offices, photographic studios, financial institutions, restaurants, municipal buildings, grocery stores, medical and dental offices and clinics, dry cleaning establishments or pickup stations (excluding central dry cleaning plants), barber shops, beauty shops, drug stores, day care, and mortuary or funeral chapel. Any high noise or industrial use is not permitted. All other uses are prohibited.

(2) Retail establishments may sell beer and wine for off-premise consumption pursuant to state law and Chapter 116 of this code by right if they are located on property that was within the city limits as of May 12, 2012;

(3) Alcoholic beverage sales. See Chapter 116 , Sale and Distribution of Alcoholic Beverages, of this code.

(1) Any form of drive-in or drive-through, including a service window for pick-up, associated with a retail establishment.

(2) Gasoline service station.

(3) Any form of gas fueling station associated with retail use.

(D) Required conditions.

(1) All business operations including storage shall be conducted within a completely enclosed building (except for off-street parking or loading). Sales displays shall be confined to the structures authorized in this chapter. Sales displays outside of the structures authorized in this chapter are prohibited, except by special temporary permit; and

(2) Any owner, builder, or developer of a tract or parcel of land located within this district shall submit, prior to the issuance of a building permit, to the Architectural Review Board, Planning and Zoning Commission, and City Council for review and approval, a site building plan and an outdoor lighting plan for the proposed development. The contents of this site and building plan shall comply with the requirements as specified in § 159.40. Upon approval, the development shall comply with approved site plan requirements. The contents of the outdoor lighting plan shall comply with the requirements as specified in Chapter 98, as amended.

(E) Area requirements.

(1) Minimum lot area, as defined herein: one acre;

(2) Minimum site frontage on a public street: 100 feet;

(3) Minimum site depth: 200 feet;

(4) Minimum depth of front setback: 50 feet, without parking. First 20 feet shall be landscaped buffer with a minimum two and one-half foot earthen berm;

(5) Minimum width of side setback: 20 feet.

(6) Minimum depth of rear setback: 20 feet;

(7) Minimum distance between detached buildings on the same lot or parcel of land: 20 feet;

(8) Minimum requirement for construction:

(a) Structures: buildings shall have a concrete foundation and floor. Weightbearing walls shall be of masonry material. Non-weightbearing walls shall be constructed with metal studs;

(b) Roofing: shall be 100% noncombustible. Wooden shingles are prohibited;

(c) Exterior building facing: each building facing shall consist of 80% masonry materials, subject to the masonry provisions contained in § 159.07; and

(d) Septic tank and lines shall not be under paved areas.

(9) Minimum square footage of building 1,200 square feet;

(10) Maximum square footage of building: 30,000 square feet;

(11) Maximum building coverage as a percentage of lot area, as defined herein: 40%;

(12) Maximum amount of impervious coverage as a percentage of lot area, as defined herein: 65%;

(13) Minimum amount of landscaped areas as a percentage of total lot area, as defined herein: 35%, with 50% of the total requirement located in the required front yard. All required landscaped areas shall be permanently maintained and shall have an irrigation system installed meeting all applicable city codes and approved by the building official;

(14) Minimum distance between landscaping berm and entrance: ten feet;

(15) Maximum height of structures: 25 feet. Any structure over 25 feet shall require a conditional use permit. If building height exceeds 25 feet, the building shall be set back an additional amount of one-half the height of the building which exceeds 25 feet from all lot lines abutting residentially zoned property measured along a line equal to the median grade level;

(16) Minimum number of paved off-street parking spaces required: see §§ 159.60 through 159.68;

(17) Entrance and/or exit requirements: minimum of two;

(18) Lots with nonresidential uses that have a side or rear contiguous or separated only by an alley or easement, from any residential district must be separated from such residential district by a masonry wall with a minimum height of six feet permanently maintained by the owner;

(19) Sidewalks shall be required along all streets with a minimum four-foot width. Access ramps to sidewalks for wheelchairs will be required; and

(20) The building code may impose more restrictive area requirements depending on the size, use, and construction of the structures.

(2005 Code, § 12-2-8) (Ord. 050915D, passed 9-15-2005; Ord. 120417D, passed 4-17-2012; Ord. 150414B, passed 4-14-2015; Ord. 181127A, passed 11-27-2018; Ord. 181127B, passing 11-27-2018; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)

§ 159.28 (PD) PLANNED DEVELOPMENT DISTRICT.

(A) Purpose.

(1) The city has adopted a Comprehensive Plan which provides for: the maintaining of the current overall density in the city of one dwelling unit per developable acre of lot area, as defined herein; rezoning of the current agricultural and one-acre zoned areas allowing smaller lot sizes only on an exception basis; and generally maintaining the open, rural atmosphere of the city.

(2) This district is being adopted primarily to facilitate the goals of the Comprehensive Plan by providing the city a zoning district which allows the confirmation of developments proposed by applicants that have varying lot sizes within a given tract(s) of land and which fall between existing zoning categories. This district does not allow a greater number of residential lots than would otherwise be achieved by SF-43 zoning, but instead allows limited flexibility in lot sizes to accommodate particular topography and other natural conditions. The district does not permit mixing of residential and retail or commercial uses, as mixed use residential is not a land use established by the Comprehensive Plan.

(3) A planned development (PD) is generally on tracts of land of ten acres or more (but may be considered on smaller tracts) and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.

(4) The minimum required amount of acreage in a proposed project for which application for a Planned Development District is made shall be given consideration by the Planning and Zoning Commission with recommendations forwarded to the City Council. Other purposes of the district are to maintain conformity with the Comprehensive Plan, encourage creative development of the land, preserve the natural amenities of land, provide locations for well-planned comprehensive developments, and allow for variety and flexibility in the development patterns of the city.

(5) Although this district permits the flexibility of having different densities in different portions of the district, this district does not allow clusters of dense residential development but instead to facilitate maintenance of current overall density of one dwelling unit per developable acre as described in the Comprehensive Plan.

(6) The Council is empowered to grant permits for planned developments only after review and recommendation by the Planning and Zoning Commission under the procedures established herein.

(B) Uses permitted. A Planned Development District may only be approved for a use or combination of uses provided for in this chapter including special use permits. The uses permitted in any specific Planned Development District shall be enumerated in the ordinance establishing the districts.

(1) In accordance with the Comprehensive Plan, land that is classified within any floodplain, also referenced as the 100-year floodplain with fully developed conditions for the entire watershed, shall not be reclaimed nor included as lot area.

(2) To comply with the goals of the Comprehensive Plan, higher percentages of open space should be required as the density is increased or the lot sizes decreased.

(3) The designation of open space as improved, partially improved, or unimproved shall be subject to the approval of the Planning and Zoning Commission. The designations shall be determined in consultation with the developer, preferably with on-site inspections and the Planning and Zoning Commission may divide a given area into two or more designations. In making this determination the Planning and Zoning Commission shall be guided by the following factors:

(a) The size and location of these areas in relation to the overall area of the Planned Development District;

(b) The degree to which these areas contribute to the quality, livability, and amenity of the Planned Development District; and

(D) Area and other requirements.

(1) Except as otherwise provided in this section, area requirements for each use shall be within the maximum and minimum standards applicable to such use as if the use was situated in the zoning district to which it is most similar as determined by the Planning and Zoning Commission, or demonstrate that the intent of the standards has been met in accordance with good planning practices. The zoning district most similar to each use shall be stated in the granting ordinance. Also, in the Planned Development District, each use shall conform to the regulations of the zoning district to which it is most similar as determined by the Planning and Zoning Commission, and the Planned Development District shall conform to all other sections of the Zoning Ordinance, unless specifically excluded in the granting ordinance. All applications to the city shall list all requested differences, if any, from the standard requirements set forth throughout the Zoning Ordinance (applications without this list will be considered incomplete).

(a) Average lot size shall remain one acre lot area, as defined herein.

(b) Minimum lot size shall be one-half acre of lot area, as defined herein.

(c) Lots less than three quarters of one acre of lot area, as defined herein, shall constitute no more than 5% of total number of lots in any planned development and lots between three quarters of one acre and one acre of lot area, as defined herein, should constitute no more than 15% of the total number of lots in any planned development.

(d) Lot area, as defined herein, may not be counted towards both residential and commercial or retail purposes. Portions of a development that will be used for commercial or retail purposes may not be included or credited towards residential density calculations.

(2) Modification of the area requirements contained in this section may be allowed by the Planning and Zoning Commission and the Council when all of the following circumstances are met:

(a) The proposed modifications substantially meet the intent of the Zoning and Subdivision Ordinances;

(b) The proposed modifications help preserve the natural amenities of the land and/or are justified by unusual or unique characteristics of the subject property; and

(c) The proposed modifications shall not be granted to relieve a self-created or personal hardship, nor for financial reason only.

(E) Application process. An application for a Planned Development District shall be made to the Planning and Zoning Commission in the same manner that an application for a zoning change is made. An application shall include and be accompanied by a concept plan as required by this section, which when finalized shall become a part of the amending ordinance. A complete development plan as set out in division (E)(2)(e) below, may be substituted for a concept plan, and will constitute both the concept plan and the development plan. In addition to the requirements outlined in divisions (E)(1)(b) and (2)(f) below, the Planning and Zoning Commission and City Council may require additional information or special plans related to specific elements of the Planned Development and may require information described in division (E)(2)(f) below with the concept plan. Upon receipt of the application and concept plan, the City Secretary or designated representative shall follow notification requirements for a public hearing as specified in this chapter.

(1) Concept plan.

(a) An applicant may submit a concept plan with the application for a Planned Development District if the applicant is not ready to begin development of part or all of the site. The concept plan shall contain all information that may be necessary to insure that the development complies with all applicable regulations and requirements. The application shall contain a disclosure and representation indicating whether or not any contiguous or other neighboring properties are owned, under contract or otherwise controlled by the applicant or related parties in the form and substance from time to time prescribed by the City Attorney. Although an applicant may not include such a neighboring property in its application, the city should be aware that it on its own motion may initiate a zoning case on any property within the city.

(b) The concept plan shall be prepared on a topography base map at a scale of one inch=100 feet, or at a scale to be specified by the city staff, along with an eight and one-half-inch by 11-inch reduction, with no less than five-foot contour intervals, unless the City Manager or Planning and Zoning Commission agrees to greater intervals, and shall include all items in § 158.05 above, concept plan of the Subdivision Ordinance and the following information, unless the City Manager or Planning and Zoning Commission waives any of such items (and other items which are required in the development plan or otherwise deemed necessary by the Building Official, the City Manager, the Planning and Zoning Commission or the City Council):

1. A metes and bounds description of the entire planned development tract;

2. A drawing generally locating floodplain areas, specifically protected floodplain areas, water bodies, creeks, drainage areas and significant natural features such as major tree groups and important view corridors. The acreage of the area of protected floodplain shall be identified on the plan;

3. Sufficient evidence to establish that the applicants are in fact all of the owners or have control of all of the outstanding interests in the land and structures thereon;

4. A drawing locating all land use areas, providing a preliminary layout of the lots and interior streets in each area, showing proposed gross acreage of each use, open space, maximum lot coverage’s, maximum height, minimum setbacks, residential densities, approximate gross floor area and floor area ratios for all commercial and office uses;

5. Location of all major access points, thoroughfares and collectors within the development;

6. Identification of all major land use classifications and the approximate acreage within the development as related to current zoning district designations or the specific purpose. The designated usage will not be assumed to establish area requirements as established within the zoning district, but these requirements shall be used as guidelines in the final determination of area requirements;

7. Indication of each phase of development if the proposed planned development is to be in separate phases;

8. Indication by acreage or percentage of total development all major areas planned for public and private open space;

9. Land area included within the site and the land area of all abutting sites with the zoning classifications thereon, and dimensions and locations of all public and private rights-of-way and easements bounding and intersecting the site;

10. The location and height of each wall, fence and screen planting used as a buffer between the uses and from adjacent property owners and the location of all outdoor lighting features in conformance with Chapter 98;

11. All landscaped areas, including any reserved open space to be retained. Detailed landscaping plans may be required when necessary;

12. Estimates of traffic volumes and turning movements may be required;

13. The concept plan shall be signed by the applicant’s engineer and planner, if any. A location map shall accompany the concept plan, showing the relationship of the planned development to adjacent properties (noting the zoning classifications of such properties) and thoroughfares;

14. If the project is to be developed in phases, a proposed phasing plan that identifies the sequence of development and a time schedule for installation of major capital improvements to serve the developments;

15. A chart depicting the following information by phase:

a. Acreage of each proposed phase;

b. Total number of dwelling units by type and lot size; and

c. Minimum dwelling unit sizes.

16. A general description of any homeowners association requirements and covenants to be imposed on the property; and

17. A written description of all requested deviations from the base zoning district in each phase and any other special development standards.

(c) The application by the owner or owners to the Planning and Zoning Commission for approval of the concept plan shall be handled in the same manner as any zoning change under the Zoning Ordinance. The applicant shall submit copies of the concept plan to the City Secretary. After receiving the completed plan from the City Secretary and having the required public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council to either approve or deny the rezoning to planned development, and to either approve, modify or deny the concept plan and any conditions to such recommendation. Upon appeal and hearing before the City Council, the City Council may approve or deny the rezoning request and may approve, deny or modify the concept plan as submitted to the Planning and Zoning Commission and City Council.

(2) Development plan.

(a) Development plan, submission of. To begin development on all or part of a site, an applicant must submit a final development plan which after approval shall be recorded and kept on file by the city, together with a preliminary plat. The development plan must conform to the approved concept plan, either for the total Planned Development District, or for each phase. Consideration of a development plan which does not include major changes from the approved concept plan as determined jointly by the Building Official and City Manager and will not require additional public hearings.

(b) Submission to City Secretary. The development plan shall be submitted to the City Secretary in such a manner as prescribed herein and by any adopted policies of the Planning and Zoning Commission and shall include a checklist of items to be included on the development plan as submitted to the Planning and Zoning Commission and City Council.

(c) Major changes are same as amendments to Zoning Ordinance. Major changes in the development plan shall be considered the same as amendments to the Zoning Ordinance and the concept plan and shall be processed as required. The following changes are not considered major changes:

1. Changes that do not alter the basic relationship of the proposed development to adjacent property;

2. Changes that retain the character of the development;

3. Changes that do not significantly alter the uses permitted, or significantly increase the density, setbacks, height or coverage of the site; and

4. Changes that do not significantly increase the problems of traffic circulation, safety or utility requirements.

(d) Changes that are not major changes. Changes that meet the criteria in subsection (c) above as determined jointly by the Building Official and City Manager or otherwise determined by such officials not to be major changes, may be approved by the Planning and Zoning Commission and the City Council without public hearing.

(e) New application, filing fee and public hearing required if plan disapproved. If the development plan contains major changes from the approved concept plan and ordinance, the Planning and Zoning Commission and/or City Council shall reject and disapprove such a plan and require a new application, filing fee (optional) and advertised public hearing.

(f) Concept plan requirements. The development plan, in addition to those items included in the concept plan, shall include or show:

1. The development plan of the entire planned development or of the proposed phase at a scale of one inch = 100 feet, or as specified by city staff, and an 81-1/2 inches by 11 inches reduction showing the proposed finished grade of the area at two-foot intervals;

2. In addition to data and drawings prescribed, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use;

3. A description of the proposed lot or lots and the boundaries thereof, proposed setbacks on the lots and proposed minimum dwelling unit sizes;

4. With the exception of single family dwellings, the location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area and the location of entrances and loading points thereof. If a particular type structure is to be built a number of times, a typical lot layout may be substituted;

5. All public rights-of-way, curb cuts, driving lanes, parking areas, loading areas, public transportation areas and illumination facilities for the same, including existing facilities to be relocated. Design criteria for illumination facilities may be required;

6. All pedestrian walks, malls and open areas for use by tenants or visitors;

7. All reservations for public uses, including parks, playgrounds, schools and other open spaces;

8. The location, size, height and orientation of each sign, except signs that are flat on building facades and that do not directly face property in a residential district, or directional signs;

9. Facilities for waste disposal for other than single-family uses;

10. Proposed street names for all public roads;

11. Elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. This division does not apply to single family, duplex and townhouse lots, unless required by the Planning and Zoning Commission;

12. Any and all of the required features may be incorporated on a single drawing if such drawing is clear and suitable for evaluation by city officials;

13. A legal instrument establishing a plan for permanent care and maintenance of any common areas or communally owned facility and any privately owned open spaces (including permanent access rights to such private space) must be submitted before the development plan will be approved. All such instruments shall be approved by the City Attorney as to legal form, and by the Planning and Zoning Commission and City Council as to suitability for the proposed use of the common area;

14. The title page of each application and set of plans shall be signed by the applicant’s architect, planner, landscape architect, engineer and/or land surveyor if these services are required. In addition to an engineer and a planner (if any), the applicant’s submittal may be required to contain the professional services of at least two of the remaining three professionals involved in the design and construction of the environment;

15. A list of any changes from the concept plan which are contained in the development plan;

16. Phases of development, including delineation of areas, building sites (where applicable), land use and improvements to be constructed in independent phases and the scheduled timing and sequencing of development;

17. If standards or deviations approved with the concept plan are different from the base zoning district, such as lot sizes, building setbacks and similar requirements which are not uniformly applied to the development depicted in the plan, such standards and deviations shall be illustrated on the development plan; and

18. The full text of any homeowners or owners association requirements and covenants to be imposed on the property.

(g) Phase developments.

1. The concept plan shall be divided into sections of proposed development so that after a final development plan is approved for any section, there will be definitely established lines showing the resulting boundaries of the remaining PD District. Such division should be made in order that the unused portion of the site area could be rezoned to its previous or another classification and so that no more than a minimum amount of damage would result to the unused portion of the site from an usability standpoint if it were rezoned.

2. In reviewing and approving applications for a phased PD the city should seek to ensure that each phase (or each phase considered collectively with phases to be completed prior to such phase) conforms with the density and other requirements of the Comprehensive Plan, in order to avoid circumstances in which a phase is permitted to be completed which is not in conformity and in which subsequent phases are delayed for inordinate periods of time or are not completed.

3. Development plans for each phase may be submitted separately as the phases are ready for development.

(h) Effects of recording. All final development plans approved hereunder shall be binding upon the applicant, their successors and assignees, shall limit and control the issuance and validity of all permits, and shall restrict and limit the construction, locations, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans.

(i) Issuance of permit.

1. Upon, but not before, the approval, of the development plan as herein set forth, and completion of platting requirements as set forth in the Subdivision Ordinance, the applicant(s) for said plan shall be entitled to apply for the permits and certificates as are necessary to proceed with the accomplishment of such plan.

2. Upon the approval of the concept plan and rezoning of a land parcel to PD, Planned Development District, and upon the approval of the development plan, the applicant shall proceed with the accomplishment of said development plan in accordance with all other ordinances of the City of Heath.

(j) Compliance with development plan. The Building Official shall ensure compliance with this chapter, the concept plan and the development plan. He or she shall:

1. Make inspections to determine compliance with the provisions of this chapter and the concept plan and development plan, and initiate appropriate action in accordance with the Comprehensive Zoning Ordinance;

2. Investigate thoroughly any complaints of noncompliance concerning the development plan and keep a record of all complaints, indicating any action taken; and

3. Upon determination of noncompliance with the development plan, the Building Official shall take action as follows:

a. Give written notice to the property owner of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than 30 days after the date of notification, within which to comply.

b. Notify the Planning and Zoning Commission of the noncompliance if the violations have not been corrected within the prescribed time period.

(k) Effect of development plan approval.

1. If development of a lot or tract with an approved development plan has not been completed within three years of its final approval by completing all of the streets and other improvements contemplated by such development plan and the related plat, the development plan and related plat shall be deemed to have expired and a new review and approval of a development plan and plat for development of the property shall be undertaken by the Planning and Zoning Commission and City Council upon application by the owner, and such new approval shall be required before a building permit may be issued for development. The review and approval shall be evaluated according to the standards of this chapter and the Comprehensive Plan, taking into account all changes to the ordinance and the Comprehensive Plan which have occurred subsequent to the prior development plan approval.

2. If the development plan is submitted in conjunction with an approved phasing plan for development of the lot or tract, the development plan shall be deemed to have expired if any phase is not completed within the time period approved for such phase. No development plan phase may be planned to exceed three years unless specifically authorized by the Planning and Zoning Commission and City Council when demonstrated that due to the size or complexity of the development the three-year time period would create a hardship. If any phase is not completed within the time period approved, the entire remaining uncompleted development plan and plat shall be deemed to have expired and the provisions of this division shall be followed.

3. Extension of an approved development plan may be granted by the Planning and Zoning Commission and City Council upon submission of a request for such extension by the property owner at least 90 days prior to the expiration of the plan. The Planning and Zoning Commission and City Council shall take into consideration any changes that have occurred in this chapter and the Comprehensive Plan subsequent to original approval of the plan and the property owner may be required to bring the plan into compliance with the current requirements. The period of time approved for any such extension shall be indicated in any approval but in no case shall the period of extension exceed three years.

(F) Development schedule.

(1) In addition to or in lieu of the requirements of division (E)(2)(k) above, an application for a Planned Development District shall, if the applicant desires or the Planning and Zoning Commission or City Council requires, be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council, shall become part of the development plan and shall be adhered to by the owner, developer and their successors in interest. The City Council, in the ordinance approving the development schedule, may authorize the Planning and Zoning Commission to extend the development schedule or adopt a new development schedule without additional public hearings.

(2) Annually, where a development schedule has been required the Building Official shall report to the City Council the actual development accomplished in the various Planned Development Districts as compared with the development schedules.

(3) The Planning and Zoning Commission may, if in its opinion the owner or owners of the property are failing or have failed to meet the approved scheduled, initiate proceedings to rezone the Planned Development District by removing all or part of the Planned Development District from the zoning district map and recommending that the area involved be placed in another appropriate zoning district. This recommendation shall be passed to the City Council as are other amendments to the Zoning Ordinance.

(4) The owner or owners may, at any time, apply to the Planning and Zoning Commission for an extension of the development schedule. The application shall be acted upon by the Planning and Zoning Commission and the City Council, or if the ordinance setting out the development schedules gives the authority to the Planning and Zoning Commission to extend the development time, the action of the Planning and Zoning Commission making extension shall be final. In the event the Planning and Zoning Commission denies the extension, the owner or owners of the property shall have a right of appeal to the City Council.

(G) Assuring completion of certain improvements.

(1) In addition to the requirements of division (C)(7) above, the Planning and Zoning Commission and City Council may specify in approving a Planned Development District more restrictive requirements and more accelerated completion schedules than those in that division for the completion of improvements to open space and may specify similar or more restrictive requirements and completion schedules for landscaping, screening walls and other improvements to be made in a Planned Development District.

(2) These requirements may include, but are not limited to, completion of certain improvements prior to the issuing of building permits or certificates of occupancy and the requirement of bonds or other financial support to guarantee completion.

(H) Coordination with Subdivision Regulation Ordinance.

(1) Processing under the Subdivision Ordinance shall be carried out simultaneously with the review of the development plan under this section.

(2) The development plan submitted under division (E) above shall be accompanied by a preliminary plat which meets the requirements of the Subdivision Ordinance. The preliminary plat shall be reviewed and approved by the Planning and Zoning Commission prior to the granting of any building permits.

(3) Every Planned Development District approved under the provisions of this section shall be considered as an amendment to the Zoning Ordinance as applicable to the property involved. In carrying out the development of a Planned Development District, the development conditions and the development schedule, if required, shall be complied with and such conditions as are specified for the development of a Planned Development District shall be construed as conditions precedent to the granting of a certificate of occupancy.

(I) Continuation of existing planned developments. All Planned Development Districts approved in accordance with the provisions of this section or by subsequent amendments thereto shall be referenced on the zoning district map, and a list of the Planned Development Districts together with the category of uses permitted therein shall be maintained in the Appendix of this chapter.

(2005 Code, § 12-2-9) (Ord. 961212A, passed - -; Ord. 040617B, passed 7-1-2004; Ord. 181211B, passed 12-11-2018; Ord. 190514A, passed 5-14-2019; Ord. 220712A, passed 7-12-2022)

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