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(a) Intent. The RCD-PUD is established to provide for very high density detached dwelling housing in new or redeveloping areas of the city. Applicant should show an initial development plan that incorporates flexible yard requirements that use examples from the detached dwelling—high density (DD7) Form. Also, cottage developments and other similar cluster subdivision developments that create very high density single-family neighborhoods and offer affordable and sustainable areas for people to live are very much encouraged. Initial development plans shall incorporate transitions from the edge of these developments and comply with building and fire code requirements.
(b) Scope of regulations. The regulations set forth in this subchapter or set forth elsewhere in this chapter when referred to in this subchapter are the district regulations in the RCD-PUD district.
(c) Forms.
(1) Detached Dwelling—High Density (DD7).
(2) Neighborhood Facilities (NF1).
(3) Basic Utilities (UT1).
(4) Conservation Open Space (OPEN1).
(5) Recreation Open Space (OPEN2).
(d) Standards for DD7 forms.
(1) Front yards. No principal or accessory structure shall be closer than ten feet to a public street right-of-way and the driveway shall be at least 20 feet long to accommodate off-street parking.
(2) Side yard setback. The side yard shall be subject to § 160.452(d)(8), provided however, that no structure shall be located on more than one side lot line. Dwellings that are not adjacent to another DD7 form shall maintain a minimum side yard setback of five feet.
(3) Rear yard setback. Rear yard setbacks shall be an average of ten feet as shown on the initial development plans.
(4) Building separations. No portion of any principal structure shall be located less than ten feet from any other principal structure.
(5) Transition area setback. Where a residential cluster development adjoins or borders another detached dwelling form, the buffer yard requirements of the forms shall apply. An alternative landscaping plan can be incorporated as a part of the initial development plan.
(6) Common open space. Common open space is encouraged with this type of planned unit development. Such area shall be perpetually owned and maintained for the purposes of this section by a homeowners association or, at the option of the town, dedicated or deeded to the public. The location and arrangement of any open space(s) shall be subject to planning commission approval as a part of the initial development plan. The owner shall, pursuant to the subdivision regulations, cause a final plat to be recorded in the county register of deeds office which clearly describes the open space(s), required deed restrictions, and conditions thereof, prior to the issuance of any building permit(s).
(7) Parking. To fulfill the off-street parking requirements, the development may develop accessory off-site parking areas within common open space areas. The off-site parking areas must be accessible to all units for which they are intended. These accessory off-site parking areas shall be indicated on the initial development plan.
(8) A zero side yard setback may be permitted, subject to the following provisions:
A. Any wall constructed on the side or rear lot line shall be a solid, doorless, and windowless wall. Such wall shall contain no electrical, mechanical, heating, air conditioning, or other fixtures that project beyond such wall. Roof eaves may encroach two feet into the adjoining lot.
B. A five foot maintenance and access easement with a maximum eave encroachment easement of two feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance.
C. Where zero side yard setbacks are proposed, the buildable area for each lot shall be indicated on the initial development and final development plans.
(Ord. 9-13, passed 3-19-2013; Ord. 51-18, passed 6-5-2018)
NONCONFORMING USES AND BUILDINGS
The purpose of this subchapter is to provide for the regulation of nonconforming uses, buildings, and structures and to specify those circumstances under which they shall be permitted to continue.
(1992 Code, App. B, § 15.47.010) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
Subject to the provisions of this subchapter, the lawful use of a premises existing immediately prior to the effective date of this chapter may be continued although the use does not conform to the provisions hereof.
(1992 Code, App. B, § 15.47.020) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
Whenever the use of a premises becomes a nonconforming use through a change in the zoning ordinance or district boundaries, the use may be continued although the use does not conform to the provisions hereof.
(1992 Code, App. B, § 15.47.030) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
(a) If no structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification that:
(1) If the proposed use is a permitted special use, all conditions must be met or a conditional use permit obtained; and
(2) If the proposed use is a conditional use, a conditional use permit must be obtained.
(b) (1) For the purposes of this subchapter, each of the following classifications shall be considered to be “more restrictive” than those it precedes:
CN conservation |
REC recreation |
AG agriculture |
RR rural residential |
RS single-family residential—suburban |
RT-1 single-family residential—traditional |
RCD residential cluster development (PUD) |
MH manufactured housing |
RD-1 twin home/duplex residential—suburban |
RD-2 townhome residential—suburban |
RT-2 townhome residential—traditional |
RA-1 apartment residential—low density |
O office |
C-1 pedestrian-oriented commercial |
RA-2 apartment residential—moderate density |
LW—live/work |
S-1 general institutional |
C-2 general commercial district |
RA-3 apartment residential—high density |
S-2 institutional campus PUD |
C-3 community commercial |
C-4 regional commercial |
I-1 light industrial |
AP airport |
I-2 heavy industrial
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(2) Whenever a nonconforming use has been changed to a more restrictive use or to a permitted use, the use shall not thereafter be changed to a less restrictive use.
(1992 Code, App. B, § 15.47.040) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 55-91, passed 7-1-1991; Ord. 58-06, passed 5-1-2006; Ord. 9-13, passed 3-19-2013)
A nonconforming use shall not be enlarged, extended, converted, reconstructed or structurally altered, unless the use is changed to a use permitted in the district in which the premises is located or unless authorized under the provisions of § 160.614 and § 160.616 (conditional uses) or required to do so by law or order.
(1992 Code, App. B, § 15.47.050) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
(a) When the use of a building is nonconforming as defined by this chapter and that building is damaged by a fire, explosion, act of God or the public enemy to the extent of more than 60% of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located or in conformance with the provisions of § 160.672. (Exception through the board of adjustment here.)
(b) Exception: Single-family dwellings may be restored if damaged less than 100%.
(1992 Code, App. B, § 15.47.060) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 93-90, passed 10-1-1990; Ord. 9-13, passed 3-19-2013)
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