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DENSITY AND DIMENSIONAL REGULATIONS
§ 153.135 MINIMUM LOT SIZE REQUIREMENTS.
   Subject to the provisions of § 153.145 of this chapter, all lots in the following zones shall have at least the amount of square footage indicated in the following table:
Zone
Minimum Square Feet
Zone
Minimum Square Feet
A-5
5 acres
C-1
3,000 (if used for residential purposes, otherwise no minimum)
C-2
10,000 (3,000 if used for residential purposes)
C-3
5,000 (if used for residential purposes, R-6 standards apply)
C-4
5,000 (if used for residential purposes, R-6 standards apply)
C-5
5,000 (if used for residential purposes, R-6 standards apply)
I-1
No minimum
I-2
No minimum
R-6, RM-6
6,000
R-8, RM-8
8,000
R-10, RM-10
10,000
R-15
15,000
R-20
20,000
 
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
§ 153.136 RESIDENTIAL DENSITY.
   (A)   Subject to the provisions of § 153.145, every lot used for single-family residential purposes shall have at least the number of square feet indicated as the minimum permissible in the zone where the use is located, according to § 153.145.
   (B)   Subject to § 153.137, every lot developed for duplex or multi-family residential purposes shall have the number of square feet per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.
Zone
Minimum Square Feet per Dwelling Unit, Multi-Family and Duplex
Zone
Minimum Square Feet per Dwelling Unit, Multi-Family and Duplex
A-5
5 acres first unit; 20,000 each additional unit
C-1
No minimum, maximum 75% lot coverage
C-2
No minimum, maximum 60% lot coverage
C-3
5,000 first unit; 2,000 each additional unit
R-6
6,000 first unit; 2,000 each additional unit
RM-6
6,000 first unit; 2,000 each additional unit
R-8
8,000 first unit; 4,000 each additional unit
RM-8
8,000 first unit; 4,000 each additional unit
R-10
10,000 first unit
RM-10*
10,000 first unit; 5,000 each additional unit
R-20
20,000 first unit; 10,000 each additional unit
NOTES TO TABLE:
*7,500 square feet minimum per unit if lot is subdivided and units sold as townhouses.
 
   (C)    Notwithstanding division (B) above, the total ground area covered by the principal building and all accessory buildings shall not exceed 30% of the total lot area.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
§ 153.137 RESIDENTIAL DENSITY BONUSES.
   (A)   (1)    A major housing goal of the town is to obtain in the community a sufficient number of housing units by type, style and price to afford residents a suitable dwelling of their choice.
      (2)   The town finds that it is in the best interest of the community to support opportunities for persons of varying economic levels to reside in the town and that the provision of affordable housing opportunities is important to achieve this community goal.
   (B)   The affordable housing density bonus is intended to assist materially the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for low- and moderate-income persons throughout the town.
   (C)   The Board of Adjustment, through the issuance of a special use permit, may grant a density bonus for any residential development. Such residential development shall be subject to a site plan review process as required in this chapter. The Board of Adjustment, through the issuance of a special use permit, may grant a density bonus for any residential development where the total number of units, including the maximum allowable density bonus, is less than the thresholds established through calculations outlined in §§ 153.139 and 153.140.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
§ 153.138 PROCEDURES FOR OBTAINING DENSITY BONUSES.
   (A)    The applicant shall submit an application to the Board of Adjustment. The application shall contain two plats:
      (1)   A subdivision plat or site plan complying with the town's rules and regulations for subdivision plats or site plans and containing the maximum allowable number of units permitted in the zoning district in which the development is to be located; and
      (2)   A plat or plan representing the same with the density bonus included.
   (B)   Upon receipt of such application the planning staff shall transmit to the Planning and Zoning Board notice of such application. The Planning and Zoning Board shall review the site plan using the procedures specified as follows and submit a written advisory report to the Board of Adjustment.
      (1)   An applicant for site plan review shall file with the planning staff six copies of the site plan documents drawn to a scale not to exceed one inch equals 100 feet on standard 24-inch by 36-inch sheets. The planning staff shall acknowledge receipt of these plans by endorsing them with a signature and a date. The planning staff, along with other departmental staff, shall review the documents for compliance with the submission data requirements and provide its recommendations with the submitted documents to the Board of Aldermen, Board of Adjustment or Zoning Administrator in the case of special use, special use or zoning permit projects respectively.
      (2)   The permit-issuing authority shall review the proposed site plan and take final action on the proposal. The date of consideration of site plan proposals shall be based upon the submission schedule established by the permit-issuing authority. The Board of Aldermen, Board of Adjustment or Zoning Administrator shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed in division (A) above. The final action, rendered in writing, shall consist of either:
         (a)   Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this subchapter;
         (b)   Approval of the site plan subject to any conditions, modifications and restrictions as required by the Board of Aldermen, Board of Adjustment or Zoning Administrator which will ensure that the project meets the listed principal areas of interest; or
         (c)   Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in this chapter.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
§ 153.139 REVIEW CRITERIA FOR DENSITY BONUSES.
   (A)    In considering an application for an affordable housing density bonus, the Board of Adjustment shall determine if the proposed density bonus shall result in:
      (1)   The construction of an appropriate number of single-family owner-occupied units which:
         (a)   Are affordable to low- and moderate-income households as defined by the guidelines of the State Housing Finance Agency; and
         (b)   Have appropriate resale controls to assure affordability.
      (2)   The construction of an appropriate number of rental units which:
         (a)   Are affordable to low- and moderate-income households as determined by the U.S. Department of Housing and Urban Development's fair market rents; and
         (b)   Have appropriate provisions to assure continued affordability.
   (B)   In lieu of construction of low- and moderate-income housing, the offer of payment by the applicant to the town's community development block grant fund. The payment shall be equal to 15% of the density bonus's present market value as certified by an independent certified appraiser acceptable to the town. All such payments are to be allocated only for the provision of low- and moderate-income housing units in the town.
   (C)   (1)   An appropriate number of low- and moderate-income units shall be deemed to be 50% of the density bonus.
      (2)   However, this percentage may be adjusted where an overriding public benefit is demonstrated.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
§ 153.140 MAXIMUM DENSITY BONUSES.
   (A)   Upon receipt of a written advisory opinion as required in § 153.138 and upon making a determination that the application addresses the goals specified in § 153.137, the Board of Adjustment may grant a density bonus up to 30% above the maximum density allowance set forth in § 153.139.
   (B)   The computation of the density bonus allowed by this section shall be rounded off to the nearest whole number.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
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