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The following use shall be a principal use when a building or premises is the primary or predominant use of any lot: Permitted. A building or premises shall be permitted to be used for the following purpose as a AD3 form: Dwelling townhome—five to eight attached dwelling units.
(Ord. 9-13, passed 3-19-2013)
A use shall be accessory to a building or premises that is customarily incidental and subordinate to any principal use allowed as an AD3 form. Permitted special. The following accessory uses include additional restrictions for each specific use. A conditional use with standards within § 160.605 may be obtained when the standards for a permitted special accessory use cannot be obtained except for home occupations.
(a) Family day care.
(1) A petition signed by 75% of property owners within 250 feet.
(2) Adequate outdoor play area(s) protected by a four-foot barrier such as a fence, wall, berm, or hedge.
(3) The zoning permit shall state that a health department license is required before the beginning of operation.
(b) Home occupations. Home occupations are those secondary uses allowed on the premises in conjunction with the following:
(1) The occupation must be conducted within a dwelling unit.
(2) The occupation must be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes.
(3) Only members of the immediate family residing on the premises may be employed by or participate in the home occupation.
(4) The entrance to the space devoted to such occupation must not have its own separate outside entrance.
(5) There can be no evidence other than the nameplate referred to in (6) below that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
(6) There is used no sign that is attached to the building other than a nameplate. The sign shall not be illuminated and shall not be more than one square foot in area.
(7) Such occupations shall not require substantial internal or external alterations or involve construction features not customary in a dwelling.
(8) No merchandise, including samples, can be sold on the premises.
(9) The business will generate no more than four visits per day from clients or customers.
(10) Materials that are combustible, toxic, or consist of any animal or vegetable matter cannot be stored on the premises.
(11) Any process that will cause odor, dust, glare, noise, heat, or vibration which would have a negative effect on adjacent properties would not be allowed.
(c) Accessory off-site parking.
(1) The accessory off-site parking must be within 250 feet of the application's principal use.
(2) The accessory off-site parking must be no closer than 250 feet to any DD or AD forms.
(3) If the off-site parking lot is across an arterial street, a pedestrian safety plan must be approved by the planning director.
(d) Residential accessory buildings. No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used. Residential accessory buildings include, but are not limited to:
(1) A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area on the main building.
(2) A private residential garage used only for the housing of personal/passenger motor vehicles or recreational vehicles.
(3) Vegetable or flower garden.
(4) Enclosures necessary for the raising and keeping of small animals and fowl shall be set back a minimum of 25 feet from any dwelling on an adjacent lot.
(5) Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential uses.
(6) Locational standards for residential accessory buildings are in § 160.507.
(Ord. 9-13, passed 3-19-2013)
(a) General requirements. The maximum height and minimum lot requirements within the AD3 form shall be as follows:
Required Front Yard: | 25 feet; 2 front yards, 1 can be 15 feet on corners. |
Required Side Yard: | 7 feet on the nonparty wall side; 0 feet on the party wall side. |
Required Rear Yard: | 25 feet; 15 feet on corner lots; 0 feet on the party wall side. |
Required Lot Frontage: | 16 feet. |
Maximum Height: | 35 feet. |
Maximum Size: | 5 to 8 units per structure. |
Required Buffer Yard*: | 10 feet total (Level A) when adjacent to highways. 10 feet total (Level A) adjacent to DD1, DD2, DD3, and DD4.
|
(b) Double frontage lots.
(1) The yard with access to parking situated on a lot as provided by this chapter shall always be considered a front yard.
(2) Any front yard without access to legal parking and that is not a buffer yard shall be considered to have a ten-foot required yard and shall comply with the driveway safety zone.
(3) Minimum distance between multiple principal buildings on the same lot: 14 feet when the edge of the building is parallel to the required side yards and 50 feet when the edge of the building is parallel to the rear or front required yards.
(Ord. 9-13, passed 3-19-2013
; Ord. 16-21, passed 2-2-2021
)
Development with an AD3 form shall be regulated in conformance with the provisions of:
(a) § 160.480 (Fences).
(b) §§ 160.485 et seq. (Landscape and Buffer Yard).
(c) §§ 160.550 et seq. (Parking, Loading, and Stacking Regulations).
(d) §§ 160.570 et seq. (On-Premises Sign Regulations).
(Ord. 9-13, passed 3-19-2013)
FORM AD4: ATTACHED DWELLING—TRADITIONAL EIGHT-UNIT TOWNHOME
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