Loading...
(a) Residential Design Standards.
(1) Residential uses shall be permitted with the following maximum densities, based upon the zoning district in which the property is situated immediately prior to classification under this article. Land area under water, public road rights-of-way and private road easements shall not be included in the gross density calculation.
Maximum Density Permitted
District Dwelling units/Gross Acres
R-2 3.5
R-1 4.0
R-T 8.0
R-M 9.0
O-1 9.0
CBD 9.0
B-1 9.0
B-2 9.0
I-1 9.0
I-2 9.0
(2) Where a planned unit development (PUD) contains both residential and non-residential land uses, residential density shall be calculated on the basis of the area devoted to residential land use only.
(3) Additional density greater than that specified in (a) (1) hereof for residential uses may be allowed in the discretion of the City Council, upon the recommendation of the Planning Commission and based upon a demonstration by the applicant of planning and design excellence resulting in a material benefit to the City, adjacent land uses and/or the ultimate users of the project, including, without limitation, innovative design producing significant energy efficiency, pedestrian or vehicular safety, long-term aesthetic beauty, and protection and preservation of natural resources and features.
(b) Nonresidential Design Standards.
(1) Nonresidential uses may be permitted in combination with other nonresidential uses or as part of a common development with residential uses.
(2) Nonresidential uses, including parking and drives, shall be separated and buffered from residential units.
(c) General Design Standards.
(1) All regulations applicable to setbacks, parking and loading, general provisions and other requirements shall be met in relation to each respective land use in the development based upon the zoning district in which the use is listed as a permitted or specially permitted use. In all cases, the strictest provisions shall apply.
Notwithstanding the immediately preceding paragraph, deviations with respect to such regulations may be granted as part of the overall approval of the PUD, provided there are features or elements designed into the project plan for the purpose of achieving the objectives of this article.
(2) To the maximum extent feasible, the development shall be designed so as to preserve natural resources and natural features.
(3) There shall be a perimeter setback and berming, for the purpose of buffering the development in relation to surrounding properties. Such perimeter setback shall be established with a dimension from the property line of up to one hundred (100) feet in the discretion of the City Council, upon the recommendation of the Planning Commission, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.
(4) Thoroughfare, drainage and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.
(5) There shall be underground installation of utilities, including cable, electricity and telephone, as found necessary by the City.
(6) Signage, lighting, landscaping, building architecture and materials, and other features of the project, and shall be designed to achieve an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.
(7) Where nonresidential uses adjoin residentially zoned property, noise reduction and visual screening mechanisms, such as landscape berms and/or decorative walls, shall be employed.
(8) The City Council, upon the recommendation of the Planning Commission, shall resolve all ambiguities as to applicable regulations using the Zoning Ordinance, Master Plan and other City standards or policies as a guide.
(a) Reasonable conditions may be required with the approval of a planned unit development (PUD), to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use, protecting the natural environment and natural resources, ensuring compatibility with adjacent land uses, and promoting the use of land in a socially and economically desirable manner.
(b) Conditions imposed shall be designed as follows: to protect natural resources and the public health, safety and welfare of individuals in the project, those immediately adjacent and the community as a whole; to meet the intent and purpose of this Zoning Ordinance; and to ensure compliance with the standards of this Zoning Ordinance. All conditions imposed shall be made a part of the record of the approved PUD.
(a) Phasing. Where a project is proposed for construction in phases, each phase, upon completion, shall be capable of standing on its own in terms of services, facilities and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the planned unit development (PUD) and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the City Council after recommendation from the Planning Commission.
(b) Commencement and Completion of Construction. Construction shall be commenced within one (1) year following final approval of a PUD. Each phase of the project shall be commenced within one (1) year of the schedule established for the same in the application submitted. If construction is not commenced within such time, any approval of a site plan on the project shall expire and be null and void. However, an extension for a specified period may be granted by the City Council upon good cause shown if such request is made prior to the expiration of the initial period. Moreover, in the event a site plan has expired, the City shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new application shall be required and shall be reviewed in light of then existing and applicable law and ordinance provisions.
In the interest of ensuring compliance with this article and protecting the health, safety and welfare of the residents of the City, the Planning Commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in Section 3.09 for the completion of improvements associated with the proposed use.
(a) Approved final plans for a planned unit development (PUD) may be modified in accordance with the procedures set forth in Section 9.03(c).
(b) Minor changes may be permitted by the Planning Commission, following normal site plan review procedures outlined in Section 3.04, subject to its finding that:
(1) Such changes will not adversely or substantially affect the initial basis for granting approval; and
(2) Such minor changes will not adversely or substantially affect the overall PUD in light of intent and purpose of such development as set forth in Section 9.01.
ARTICLE 10
OFF-STREET PARKING AND LOADING
OFF-STREET PARKING AND LOADING
The purpose of this article is to ensure the provision of off-street parking facilities that are sufficient in number, adequately sized and properly designed to meet the range of parking needs and demands that are associated with land uses now in place in the City or with land uses allowed by this Ordinance.
Off-street parking facilities that are sufficient in number, adequately sized and properly designed to meet the range of parking needs and demands that are associated with the land uses allowed by this Zoning Ordinance shall be required in all districts, subject to the provisions of this article.
(a) Where Required. In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees, and patrons of the buildings hereafter erected, altered, or extended after the effective data of this Ordinance, shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as said main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this Ordinance.
(b) Existing Off-Street Parking at Effective Date of Ordinance. Off-street parking existing at the effective date of this Ordinance which serve an existing building or use, shall not be reduced in size to less than that required under the terms of this Ordinance.
(c) Required Greenbelt and Setbacks. Off-street parking, including maneuvering lanes, shall not be located within the required front setback and screened in accordance with Section 5.10. Off-street parking shall be permitted within the required side or rear yard setbacks, provided a minimum five (5) foot setback is maintained between off-street parking and the side and rear lot lines of all adjoining properties. At the discretion of the Planning Commission, existing platted lots of record with equal to or less than sixty- six (66) feet of frontage may be exempt from the greenbelt and setback requirements.
(d) Parking Duration. Except when land is used as storage space in connection with the business (including a repossession lot), or a repair or service garage, a twenty-four (24) hour time limit for parking in non-residential off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirement of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit, the storage or prolonged parking on any such parking area in any such district wrecked or junked cars, or for creating a junk yard or a nuisance in such areas.
(e) Units and Methods of Measurement. For the purpose of determining off-street parking requirements, the following units of measurement shall apply:
(1) Floor Area. Where floor area is the unit for determining the required number of off-street parking spaces, said unit shall mean floor area, as defined in Section 2.02.
(2) Employees. For requirements stated in terms of employees, the calculation shall be based upon the maximum number of employees likely to be on the premises during the largest shift.
(3) Places of Assembly. In stadiums, sports arenas, churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, seating space required by the Building Code adopted by the City shall be counted as one (1) seat. In cases where a place of assembly has both fixed seats and an open assembly area, requirements shall be computed separately for each type and added together.
(4) Fractional Requirements. When units or measurements determining the number of required parking spaces result in a fractional space, any fraction shall require one (1) parking space.
(f) General Restrictions.
(1) All Districts.
A. The sale or repair of motor vehicles not owned by the occupant of the premises shall be prohibited in an off-street parking area, lot, or driveway.
B. The outdoor display of products and materials intended for retail sale and rental within off- street parking areas shall comply with the standards set forth in Section 6.18.
C. The storage of products, materials or equipment in semi-trailers shall be prohibited in any zoning district except the I-1 and I-2 Districts. The requirements of Section 5.13 shall apply to all such uses.
(g) Location of Parking.
(1) One and Two-Family Dwellings. Off-street parking shall be located on the same lot or parcel of the dwelling it is intended to serve, shall not be considered a parking lot under the provisions of this article, and is subject to the following:
A. Off-street parking serving one and two-family dwellings shall not be permitted in the required front yard except on the driveway or within a carport or garage.
B. Driveways and parking spaces serving dwellings constructed after the effective date of this Ordinance shall be located a minimum of two (2) feet from a side or rear lot line.
C. Single family residential dwellings shall have a maximum of one driveway, unless located on a corner lot.
D. Additional residential driveways and parking spaces may be permitted by the Planning Commission as a Special Land Use. Standards for additional drives within a front yard are as follows:
a. Only one additional driveway (for a maximum of two) may be considered in any front yard.
b. Driveways and parking shall not occupy more than fifty (50) percent of the required front yard and fifty (50) percent of any additional area of the front yard located outside of the required front yard. These requirements shall apply to all yards that abut a public street.
c. The maximum width for an additional circular drive proposed in any front yard shall be 12 feet.
d. The maximum width for any additional non-circular drive proposed in any front yard shall be the width of the door(s) and/or man doors serving the garage or 24 feet, whichever is larger.
(2) Multi-family residential uses within Single-family (R-1 and R-2) residential districts.
A. Driveways and parking for multi-family residential homes located in the R-1 or R-2 zoning districts must comply with the one and two-family dwelling standards in (1).
B. Additional driveways and parking spaces may be permitted by the Planning Commission as a Special Land Use. No additional driveways or parking spaces shall be considered in the front yard. A maximum of 50% of the total area of the rear and side yard may be considered for parking spaces or driveways.
(3) Multiple Family Residential within the RM Zoning District. The off-street parking facilities for multiple family dwellings shall be located on the same lot or parcel as the dwellings they are intended to serve, and shall consist of a parking lot as set forth in this article. In no event shall any parking space be located within ten (10) feet to any main building.
(4) All Other Uses. Off-street parking for all other uses, other than those listed in paragraph (g)(1) and (g)(2) hereof, shall be located on the same lot or parcel of the building or buildings they are intended to serve and are subject to the following conditions:
a. Special land use approval may be granted for off-street parking areas located within five hundred (500) feet of the permitted use requiring such off-street parking.
b. Parking is permitted in the front yard in the RM, O-1, CBD, B-1, B-2, I-1 and I-2 Districts with a minimum ten (10) foot setback from the street right-of-way provided.
c. The parking plan layout, points of access and screening shall be approved by the Planning Commission.
d. Screening shall be provided in accordance with Section 5.10.
e. Off-street parking shall be permitted within the required side or rear yard setbacks.
(5) Restriction of Parking on Private Property. It shall be unlawful for any person, firm, or corporation to park any motor vehicle on any private property without the authorization of the owner or agent of such property.
Loading...