The following amendments, modifications, additions and exceptions are hereby made to the Land Development Code, as adopted by § 161.01.
1.1.8 Transition Standards
A. Development Plans. Section 1.1.8 A. is changed to read as follows:
The provisions of the Land Development Code shall apply to all Development Plans (general and detailed) and Revised Development Plans (general and detailed) applicable to properties within the City of Prospect pending before the Planning Commission upon which final action has not been taken or recommendation to the City of Prospect has not been made as of the effective date hereof.
B. Permits. Section 1.1.8 B. is changed to read as follows:
Building permits, site disturbance permits and other permits issued prior to the effective date hereof shall continue to be valid for the period stated on the permit and/or as may be provided by law applicable at the time of permit issuance. Building permits, site disturbance permits and other permits requested after the effective date hereof shall be issued only if the proposed construction or site disturbance conforms with the provisions of the Land Development Code as adopted by the City of Prospect.
1.2.2 Substituted Definitions. The following definitions applicable in the City of Prospect are substituted for the definitions of such terms in Section 1.2.2 of the Land Development Code:
Factory Built Housing – Definition deleted.
Home Occupation – An occupation, trade, business or profession conducted within a dwelling by an individual or group of individuals who are residents of the dwelling. No advertising or any other display will indicate from the exterior that the dwelling is being used for any purpose other than that of a dwelling. No retail sales may occur on the premises. No more than five percent (5%) of the floor area of the dwelling, including the basement area and attached garage area, or 200 square feet, whichever is less, may be used for the Home Occupation. No mechanical equipment may be used for the Home Occupation except such equipment that is permissible for purely domestic purposes. There shall be no visible evidence of the conduct of a Home Occupation as viewed from the public right-of-way and adjacent properties.
Structure – Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a location on the ground, including walls or fences exceeding four (4) feet in height, buildings, signs, antenna and cellular antenna towers. No structure within the City of Prospect shall exceed 100 feet in height, as measured from ground level to the highest part of a structure.
1.2.3 Additional Definitions. The following definitions applicable in the City of Prospect are included as additional definitions for the Land Development Code as adopted by the City of Prospect:
Retail Nursery – A nursery that is a retail supplier of garden plants as well as related products and includes the retail handling of any article, substance or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products in small quantities to the consumer.
2.1.1 Zoning Districts
A. The following zoning district classifications set forth in Section 2.1.1 of the Land Development Code are not adopted by the City of Prospect:
U-N Urban Neighborhood District
R-R Residential Rural District
R-6 Residential Multi-Family District
R-7 Residential Multi-Family District
R-8A Residential Multi-Family District
OTF Office/Tourist Facility District
C-R Commercial Residential District
C-3 Commercial District
C-M Commercial Manufacturing
EZ-1 Enterprise Zone District
M-1 Industrial District
M-2 Industrial District
M-3 Industrial District
PRO Planned Research/Office Center District
PEC Planned Employment Center District
W-1 Waterfront District
W-2 Waterfront District
W-3 Waterfront District
WRO Waterfront Development Review Overlay District
2.2.2 R-E Residential Estate District
A. Permitted Uses. The following uses permitted by Section 2.2.2 A. of the Land Development Code in the R-E Residential Estate District are not adopted by the City of Prospect:
Accessory Buildings or Uses
Agricultural Uses
Community Residences
Convents and Monasteries
Family Care Home (mini-home)
2.2.3 R-1 Residential Single Family District
A. Permitted Uses. The following uses permitted by Section 2.2.3 A. of the Land Development Code in the R-1 Residential Single Family District are not adopted by the City of Prospect:
Accessory Buildings or Uses
Agricultural Uses
Community Residences
Family Care Home (mini-home)
Residential Care Facilities
D. Maximum Density and FAR.
2. Maximum Density
b. The Maximum Density shall be 1.0 dwellings per acre in the City of Prospect.
2.2.9 R-5A Residential Multi-Family District
A. Permitted Uses. The following use permitted by Section 2.2.9 A. of the Land Development Code in the R-5A Residential Multi-Family District is not adopted by the City of Prospect:
Assisted Living Residence
2.2.10 R-5B Residential Two-Family District
A. Permitted Uses. The following uses permitted by Section 2.2.10 A. of the Land Development Code in the R-5B Residential Two-Family District are not adopted by the City of Prospect:
Accessory Buildings or Uses
Agricultural Uses
Carriage Houses
Residential Care Facilities
2.3.1 OR Office/Residential District
A. Permitted Uses. The following uses permitted by Section 2.3.1 A. of the Land Development Code in the OR Office/Residential District are not adopted by the City of Prospect:
Accessory Buildings or Uses
Agricultural Uses
Residential Care Facilities
2.3.2 OR-1 Office/Residential District
A. Permitted Uses. The following uses permitted by Section 2.3.2 A. of the Land Development Code in the OR-1 Office/Residential District are not adopted by the City of Prospect:
Assisted Living Residence
Boarding, Lodging Houses
Community Residences
Convents and Monasteries
Family Care Home (mini-home)
2.3.3 OR-2 Office/Residential District
A. Permitted Uses. The following uses permitted by Section 2.3.3 A. of the Land Development Code in the OR-2 Office/Residential District are not adopted by the City of Prospect:
Assisted Living Residence
Boarding, Lodging Houses
Community Residences
Family Care Home (mini-home)
2.3.4 OR-3 Office/Residential District
A. Permitted Uses. The following uses permitted by Section 2.3.4 A. of the Land Development Code in the OR-3 Office/Residential District are not adopted by the City of Prospect:
Apartment Hotels
Assisted Living Residence
Boarding, Lodging Houses
Community Residences
Family Care Home (mini-home)
Fraternities, Sororities, Clubs and Lodges
2.4.1 C-N Neighborhood Commercial District
A. Permitted Uses. The following uses permitted by Section 2.4.1 A. of the Land Development Code in the C-N Neighborhood Commercial District are not adopted by the City of Prospect:
Accessory Buildings or Uses
Agricultural Uses
Community Residences
Residential Care Facilities
2.4.3 C-1 Commercial District
A. Permitted Uses. The following uses permitted by Section 2.4.3 A. of the Land Development Code in the C-1 Commercial District are not adopted by the City of Prospect:
Accessory Buildings or Uses
Agricultural Uses
Automobile Rental Agencies
Boarding and Lodging Houses
Bowling Alleys
Community Residences
Extended Stay Lodges
Hotels and Motels
Ice Storage Houses
Pawn Shops
Tents, Air Structures and Other Temporary Structures Intended for Occupancy by Commercial Activities
2.4.4 C-2 Commercial District
A. Permitted Uses. The following uses permitted by Section 2.4.4 A. of the Land Development Code in the C-2 Commercial District are not adopted by the City of Prospect:
Auction Sales, Items Transported to Site of Auction
Automobile Rental Agencies
Automobile Repair Garages
Automobile Sales Agencies
Billiard Parlors, Game Room and Similar Entertainment Uses
Bingo Halls and Parlors
Boat Sales and Related Storage
Dance Halls
Exposition Building or Center
Flea Market
Fraternities, Sororities, Clubs and Lodges
Furniture, Storage
Indoor Paintball Ranges
Monument Sales
Plasma, Blood Collection Centers, for profit
Refrigerated Lockers
Skating Rinks
Tattoo, Body Art and Piercing Parlors
Tourist Homes
Truck Sales
Used Car Sales Areas
The following permitted use is modified by the City of Prospect as follows:
Retail or Wholesale Stores or Businesses not involving any kind of Manufacture, Processing or Treatment of Products
2.7.1 Planned Village Development District. The following uses permitted by Section 2.7.1 of the Land Development Code and set forth in Table 2.7.1 are not adopted by the City of Prospect:
Agricultural Uses
Bed and Breakfast Inn
Community Residence
Convents and Monasteries
Family Day Care Home
Family Care Home (mini-home)
Hotel
Outdoor Advertising Sign
2.7.2 Planned Transit Development (PTD) District. Section 2.7.2 of the Land Development Code providing for a Planned Transit Development (PTD) District is not adopted by the City of Prospect.
2.7.4 Traditional Neighborhood Zoning District. Section 2.7.4 of the Land Development Code providing for a Traditional Neighborhood Zoning District is not adopted by the City of Prospect.
4.1.2 Factory Built Housing. Section 4.1.2 of the Land Development Code is not adopted by the City of Prospect. Factory Built Housing may not be placed on any lot within the City of Prospect.
4.1.3 Lighting. Section 4.1.3 of the Land Development Code is not adopted by the City of Prospect. Chapter 159 of the Code of Ordinances of the City of Prospect regulates outdoor lighting in the City of Prospect.
4.2.1 Conditional Uses. The following uses permitted subject to a Conditional Use Permit by Section 4.2.1 of the Land Development Code are not adopted by the City of Prospect:
4.2.3 Accessory Apartments
4.2.4 Airports, Heliports and Other Aviation Uses
4.2.5 All-Terrain Vehicle (ATV) Courses
4.2.6 Amusement Parks, Circuses and Carnival Grounds
4.2.7 Animal Race Tracks
4.2.8 Athletic Facilities
4.2.9 Bed and Breakfast Inns
4.2.10 Boarding Houses
4.2.11 Camping Areas and Residential Vehicle Parks, Public and Private
4.2.12 Cemeteries, Mausoleums and Crematories
4.2.13 Commercial Animal Feeding Yards
4.2.14 Commercial Communication Towers
4.2.15 Commercial Greenhouses
4.2.16 Commercial Kennels
4.2.17 Commercial Lakes
4.2.18 Day Care Facilities
4.2.20 Drive-In Theatres
4.2.21 Earth Excavation, Filling and Refuse Disposal Operations, Major
4.2.22 Earth Excavation/Fill, Minor
4.2.23 Electric Power or Steam Generating Plants
4.2.24 Extraction and Development of Oil, Gas and Other Hydrocarbon Substances
4.2.25 Funeral Homes
4.2.26 Golf Driving Ranges, Miniature Golf Courses and Privately Owned Golf Courses Operated for a Commercial Purpose
4.2.27 Home Occupations
4.2.28 Hospitals, Clinics and Other Medical Facilities
4.2.29 Institutions
4.2.30 Mobile Homes and Manufactured Housing Sales, Display or Storage
4.2.31 Marinas and Boat Rental Facilities
4.2.32 Marinas and Boat Rental Facilities, Commercial
4.2.33 Mini-Warehouses
4.2.34 Mobile Home Parks
4.2.35 Multi-Family Dwellings
4.2.36 Nursing Homes and Homes for the Infirm or Aged
4.2.37 Off-Street Parking Areas
4.2.38 Outdoor Paint Ball Ranges
4.2.39 Potential Hazardous or Nuisance Uses
4.2.41 Private Proprietary Clubs
4.2.42 Ranges for Shotgun, Rifle, Pistol, Air Rifle, Air Pistol or Other Firearms
4.2.43 Riding Academies and Stables
4.2.44 Scrap Metal Processing Facilities and Junkyards
4.2.45 Sewage Disposal Plants
4.2.46 Solid Waste Management Facilities
4.2.47 Sports Arenas
4.2.48 Storage Yards and Contractor’s Yard
4.2.49 Underground Space
4.2.50 Zoos
4.4.2 Antenna Towers for Cellular Communications Services or Personal Communications Services
B. Design, Standards. The second sentence of Section 4.4.2 B. of the Land Development Code is changed to read as follows:
Waivers of the following standards may be requested by the applicant and granted by the Planning Commission in accordance with the provisions of Chapter 11 Part 8; provided, however, no waiver of the 100 foot maximum height of a cellular antenna tower or alternative cellular antenna tower structure may be granted except with the approval of the City Council of the City of Prospect.
4. The first sentence of Section 4.4.2 B.4. of the Land Development Code is changed to read as follows:
A cellular tower or alternative cellular antenna tower structure may be constructed to a maximum height of 100 feet regardless of the maximum allowed height for the district in which it is located.
4.4.3 Fences, Walls and Signature Entrances
A. Fences and Walls. Section 4.4.3 A. of the Land Development Code is not adopted by the City of Prospect. Chapter 152 of the Code of Ordinances of the City of Prospect regulates fences in the City of Prospect.
4.4.4 Garage Sales. Section 4.4.4 E. of the Land Development Code is changed to read as follows:
All signs used to advertise or direct traffic to a garage sale must be in compliance with Chapter 157 of the Code of Ordinances of the City of Prospect.
4.4.5 Home Occupations
B. Employees.
1. Section 4.4.5 B.1. of the Land Development Code is changed to read as follows:
Employees working or meeting at the home occupation site shall be limited to persons who reside in the dwelling unit.
D. Number of Customers, Clients and Pupils Permitted. The first sentence of Section 4.4.5 D. of the Land Development Code is changed to read as follows:
No more than two customers, clients or pupils shall be permitted on the site at any one time.
G. Permitted Locations and Maximum Size/Area
1. Section 4.4.5 G.1. of the Land Development Code is changed to read as follows:
The operation of home occupation shall be limited to the dwelling unit (including the basement and attached garage).
2.a. Sections 4.4.5 G.2.a. and b. of the Land Development Code are changed to read as follows:
A home occupation shall occupy no more than five percent (5%) of the floor area of the dwelling unit or 200 square feet, which ever is less.
3. Section 4.4.5 G.3. of the Land Development Code is changed to read as follows:
All activities associated with a home occupation are prohibited from occurring outside of the dwelling unit.
H. Hours of Operation
2. Section 4.4.5 H.2. of the Land Development Code is not adopted by the City of Prospect.
J. Prohibited Home Occupations. Delete the parenthetical reference after Daycare Facilities in the list of Prohibited Home Occupations in Section 4.4.5 J. of the Land Development Code. Daycare Facilities are not permitted as a home occupation in the City of Prospect.
4.4.10 Swimming Pools. Section 4.4.10 of the Land Development Code is not adopted by the City of Prospect. Chapter 154 of the Code of Ordinances of the City of Prospect regulates swimming pools within the City of Prospect.
Chapter 4, Part 5 Alternative Development Incentives. Chapter 4, Part 5 of the Land Development Code is not adopted by the City of Prospect.
Appendix 4F Conditional Use Table. Appendix 4F of the Land Development Code is amended to reflect the changes in Permitted Uses and Conditional Uses in the City of Prospect as set forth in this Ordinance.
5.2.6 Village Form District - Center
D. Description of Village Centers. Section 5.2.6 D. of the Land Development Code is amended to read as follows:
1. Village Center - This development pattern is intended for mixed-uses within villages. The maximum single building square footage within designated Village Neighborhood Serving centers shall be 70,000 square feet.
2. Pre-Existing Structures: - Non-residential structures constructed prior to January 9, 2006, the date of the adoption of the Village Center Form District in Prospect, and exceeding 70,000 square feet in area on the first floor may have the square footage of the footprint
existing on January 9, 2006 expanded up to a maximum of an additional thirty-seven percent (37%) of said existing footprint upon recommendation of the Planning Commission and approval of the City Council; provided, however, such expansion shall be allowed solely to existing construction footprints constructed prior to the effective date of the Village Center Form District as set forth in the Prospect Land Development Code. The project shall be subject to the Category 3 procedures. In addition to a Comprehensive Plan and Prospect Land Development Code review of any project to increase the size of a non-residential structure which meets the criteria set forth herein, the Planning Commission review of the project and the approval of the project by the City Council shall focus on the following criteria:
a. The resultant mass and scale of the building shall be compatible with the surrounding development pattern.
b. Parking and circulation patterns, connectivity to and/or between adjacent commercial properties, officially adopted plans or existing adopted recommendations for connectivity to and/or between adjacent commercial properties shall not be substantially altered or adversely impacted.
c. The resultant building after the addition shall be in keeping with the intent of the Village Form District and shall be compatible with the overall design of the existing development.
5.4.2 Suburban Form Districts D.
Accessory Structures. Section 5.4.2 D. of the Land Development Code is not adopted by the City of Prospect. Chapter 150 of the Code of Ordinances of the City of Prospect covers accessory structures.
6.2.6 Requirements for Specific Types of Streets and Alleys
B. Fee In Lieu Option. Section 6.2.6 B. of the Land Development Code is not adopted by the City of Prospect.
Chapter 8 Sign Regulations. Chapter 8 of the Land Development Code is not adopted by the City of Prospect. Chapter 157 of the Code of Ordinances of the City of Prospect regulates signs in the City of Prospect.
11.4.7 Plan Certain Development.
A. Designation of Binding Elements. The last sentence of Section 11.4.7 A. of the Land Development Code is changed to read as follows:
Binding elements approved as any part of any development plan shall be applicable to all development plans subsequently prepared for a subject property, and shall be binding upon the future use and development of such property unless specifically waived by the City Council of the City of Prospect upon recommendation by the Planning Commission.
E. Amendments to Binding Elements and Revised District Development Plans
1. Review Procedure. The first sentence of Section 11.4.7 E.1. of the Land Development Code is changed to read as follows:
Amendment to any binding element of an approved development plan, including any development plan expiration date, shall require approval by the City Council of the City of Prospect upon recommendation by the Planning Commission.
11.6.2 Category I Review Procedure. The first sentence of Section 11.6.2 of the Land Development Code is changed to read as follows:
Prior to issuance of building permits, the Mayor of the City of Prospect or his/her designee and the local building official shall assure that the plan is in compliance with the applicable provisions of this Code and all binding elements and conditions of approval.
11.8.5 Findings Necessary for Granting of Waiver or Modification. The introductory language of Section 11.8.5 of the Land Development Code is changed to read as follows:
The Planning Commission may recommend to the City of Prospect waivers or modifications of standards upon a finding that:
11.8.7 Delegation to Committee. Section 11.8.7 of the Land Development Code is changed to read as follows:
The Planning Commission may delegate the authority to consider and make recommendations on modifications or waivers to its Land Development & Transportation Committee or such other Committee of the Commission duly created under the By-Laws of the Commission. Such Committee shall make a recommendation regarding the appropriateness of any waivers or modifications to the City Council of the City of Prospect.
(Ord. 465-2005, passed 1-9-06; Am. Ord. 516-2011, passed 1-11-12; Am. Ord. 524-2012, passed 12-10-12)