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A. General Review Process:
1. Two Step Process: The group dwelling process consists of a two (2) step review process. The first step is submission and review of a preliminary plan conditional use permit. The purpose of this review is to determine general compliance with the regulations of this chapter and the appropriateness of the development through a conditional use permit review. The second step is submission and review of a final plan. The purpose of the final review is to ensure all conditions and details needed to build the project are met. For group dwellings that are permitted uses (eight or less total units in the R-3 or higher zone) compliance with Sections 15-10-3, 15-10-4, 15-10-7 and 15-10-8 are required for approval.
2. Group Dwelling Condominiums: If the development is to be developed as a condominium, the condominium approval process can either occur together with the general approval process or as a condominium conversion after development approvals have been given.
3. Private Subdivision: A group dwelling may not be subdivided with individual lots unless it complies with the conditions of final approval and the requirements of Title 14, Chapter 5. Any subdivision of existing group dwelling construction shall first comply with the requirements of the building code, as adopted by Title 16, Chapter 2, or its successor provisions, regarding construction in relation to property lines.
B. Preliminary Plan/Conditional Use Permit Submission: A complete application for a conditional use permit for a group dwelling shall be submitted to the planning office for review and comment. Once the plan has been reviewed and found meeting the minimum site plan requirements for submittal, it shall be scheduled for the next appropriate planning commission meeting for review of the project to consider whether or not the request should be approved. The minimum site plan requirements for the submittal shall include the following accurate information:
1. the property boundary location, direction and length;
2. contour lines at no greater than five foot intervals if there is more than a 10 foot grade difference on any portion of the site;
3. existing vegetation, buildings, canals, ditches, streams, easements, utility poles, or other existing features whether manmade or natural;
4. any adjacent buildings, parking lots, streets, sidewalks and curbs within 30 feet of the property boundary;
5. the proposed location of buildings, parking, carports, driveways, sidewalks and fences. These shall be dimensioned. The distance of these items from property lines and from each other shall also be dimensioned;
6. a general landscaping plan that shows areas to be landscaped, general types of landscaping to be used (i.e., trees, shrubs and grass), areas to be preserved in their existing conditions, and any open space amenities;
7. a table that indicates total acreage of the development, total hard surface, building coverage and landscape area square footage;
8. preliminary building elevations of all four sides and the types of materials proposed to be used on the building;
9. preliminary utility plan showing the manner in which water, sewer and storm sewer services will be provided; and
10. if located in the sensitive area overlay zone, all necessary reports or information required for compliance with the sensitive area overlay zone.
C. Preliminary Plan Conditional Use Permit Review and Consideration: The planning commission, subject to the requirements of this chapter, may approve, approve with conditions or deny the preliminary plan/conditional use permit for a group dwelling. In reviewing a preliminary plan/conditional use permit, the planning commission shall consider if the group dwelling:
1. meets the minimum lot area and design standard requirements of this chapter;
2. provides an adequate interior traffic circulation system that does not adversely impact neighboring properties. In considering impacts to the neighbors, such things as car lights, visibility of parking areas, screening, access location and distance of parking areas from neighboring buildings shall be considered;
3. interrupts or restricts future local or community traffic patterns;
4. site design is compatible with the topography and other existing features of the site;
5. architecture is compatible with the character of the neighborhood. In determining compatibility, the planning commission shall consider types of building materials, color, architectural relief to the face of the building, roof style and height of the building;
6. site design and building design does not adversely impact neighboring properties. Such things as building location and orientation, landscaping, screening, privacy and other specific site issues shall be considered in determining if the neighborhood is adversely impacted beyond permitted development possibilities;
7. open space development meets the needs of the residents of the development by providing private outdoor areas, common play areas and areas of interest;
8. meets the design requirements of this chapter.
D. Final Development Plan Submission: Once preliminary plan/conditional use permit approval has been given, a final development plan shall be submitted for review and approval. The final plan shall meet all the conditions established when the preliminary plan/conditional use permit was approved. A small lot group dwelling may submit for a conditional use permit/final approval without going through the preliminary plan/conditional use review, provided the submitted plan has all information needed as required for submittal for both approval processes. Only upon approval of the final development plan shall the conditional use become effective. The final development plan shall include the following accurate information:
1. the property boundary with bearings and length of each property line;
2. final site grading plan at no more than two foot contour intervals showing all walls, cuts and fills proposed;
3. a detailed site plan showing the precise location and size of all buildings and structures, parking areas, access lanes, canals, ditches, streams, easements, utility poles, sidewalks, and public street, curb, gutter and sidewalk;
4. a final landscape plan showing the location, types and sizes of all plant material;
5. final building elevations of all four sides and the types of materials proposed to be used on the building;
6. detailed engineering plan including site drainage, street improvements, and utility plans (showing location, sizes and slopes of lines); and
7. all conditions established with the preliminary plan conditional use permit approval.
E. Final Development Plan/Conditional Use Permit Approval: The planning commission may approve, deny or approve with conditions the final development plan/conditional use permit for the group dwelling. The planning commission review of the final development plan/conditional use permit approval shall consider the following:
1. whether or not the issues addressed as conditions for preliminary plan/conditional use permit have been adequately addressed.
2. any changes from the preliminary plan/conditional use permit that are now being proposed by the developer.
3. compliance with all applicable requirements of this chapter and the development code.
(Ord. 2011-39, 6-28-2011; amd. Ord. 2024-4, 2-20-2024)
A. Expiration of Approval: Building permits for an approved group dwelling development must be obtained within 18 months following submission of a completed application for a preliminary plan/conditional use permit for a group dwelling. Failure to obtain a building permit within the time period shall result in revocation of the preliminary approval/conditional use permit, rendering the permit and approval null and void. One extension of six months may be granted for the final approval and obtaining a building permit by the planning commission for a showing of good cause and provided no ordinance changes have occurred within the 18 months that would alter the project development.
B. Phase Development: A group dwelling approved as a phase development shall have a maximum of seven years to obtain permits for all phases. Failure to obtain the permits and commence construction of the final phase shall nullify the approval of the phase or phases that have not obtained a building permit and commenced construction within six months following approval and issuance of the initial building permit for the specific phase or phases.
(Ord. 2004-28, 7-13-2004; amd. Ord. 2022-20, 5-3-2022; Ord. 2024-4, 2-20-2024)
A. Prior to issuance of any building permit on the property approved for a group dwelling, a financial guarantee in accordance with Section 15-13-23 shall be required. The guarantee shall be sufficient to cover the cost of all infrastructure, right of way improvements and publicly maintained landscaping shown on the final approved plan. Unless otherwise approved pursuant to Subsection B, landscaping and site improvements shall be installed prior to occupancy of any structure within the group dwelling unless inclement winter weather prevents their completion. In no case shall time for completion be extended beyond June 1 immediately following the completion date. If the development is to occur in phases, then the landscaping and other improvements that make the phase functional shall be installed prior to occupancy.
B. In a neighborhood group dwelling, the director, or the director's designee, may approve occupancy of one or more of the buildings without completion of all improvements, if all of the following required improvements have been installed and determined to be in compliance with the approved plan and an adequate financial guarantee is in place to ensure completion of the remaining improvements:
1. all private roads and utilities within the group dwelling;
2. all landscaping within the common open space to be established for the entirety of the group dwelling and along the private roads;
3. entryway signage and associated landscaping;
4. all accessways and parking associated with the building to be occupied; and
5. all landscaping around and associated with the building to be occupied.
(Ord. 2004-28, 7-13-2004; amd. Ord. 2024-4, 2-20-2024)
In case of failure or neglect to comply with any and all of the provisions of this chapter and the conditions and stipulations herein established and as specifically made applicable to a group dwelling, the building official shall not authorize occupancy of any structure. Such failure or neglect shall be cause for termination of the approval of the project. Such failure or neglect to comply with the requirements and to maintain the buildings and premises in accordance with the conditions or approval thereafter shall also be deemed to be a violation of this chapter.
(Ord. 2004-28, 7-13-2004; amd. Ord. 2024-4, 2-20-2024)
A conditional use permit may be revoked if any of the conditions or terms are violated; however, the holder of the permit shall first be afforded an opportunity to be heard before the planning commission and show cause as to why the permit should not be revoked. A violation of a condition or term of a permit shall constitute a violation of this code, and the revocation of a permit shall not prohibit prosecution
or any other legal action taken on account of the violation. The decision of the planning commission to revoke a conditional use permit may be appealed to the mayor, in writing, within 15 days of the planning commission's decision.
Violations of any plan approved under this chapter or of the conditional use permit issued in accordance with the provisions of this chapter, or failure to comply with any requirements of this chapter, including any agreements and conditions attached to any approved plan or permit, shall be considered a violation of this title as provided in Section 15-1-14.
(Ord. 2004-28, 7-13-2004; amd. Ord. 2024-4, 2-20-2024)