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Regulations governing conditional uses shall conform to those set forth in Chapter 723 of this Zoning Code.
(Ord. 14-23. Passed 12-11-23.)
(a) Height of Structures.
(1) Principal structures shall be permitted to be 40 feet in height. However, this increase shall only be permitted if all lot width and side setbacks of the base district (whether the home is in an R-75, R-60, R-50, or R-40 district) are adhered to.
(2) Accessory structures are permitted to be 20 feet in height. However, this increase shall only be permitted if all lot width and side setbacks of the base district (whether the home is in an R-75, R-60, R-50, or R-40 district) are adhered to.
(b) Exceptions to Height Requirements. Exceptions shall be governed by the requirements set forth in Section 724.03
of this Zoning Code.
(Ord. 14-23. Passed 12-11-23.)
Non-complying structures in the Residential Infill Overlay District shall be held to regulations contained in Chapter 752 of this Zoning Code, except that a noncomplying residential building or other structure may be enlarged, provided that the enlargement adheres to the yard, setback, and height requirements contained within this chapter.
(Ord. 14-23. Passed 12-11-23.)
Except as provided in this chapter, required yards, open space and treelawns shall not be obstructed by any structure and such areas, together with all other portions of the zoning lot not covered by permitted structures, shall be landscaped (including covering such areas with trees, shrubbery and grass or other appropriate ground cover or landscaping material) so as to assure absorption of rainfall, and prevent erosion and rapid run-off of surface water, and such landscaping shall be maintained.
(a) The surface of each front yard area shall be maintained in a manner that avoids the creation of safety hazards including, but not limited to, vehicle tire ruts, holes or other openings larger than twelve inches in diameter, tree stumps and other potentially hazardous conditions.
(b) All infill development proposals shall submit a landscaping plan in accordance with Section 725.10 and prior to a final certificate of occupancy.
(c) Landscaping in all other aspects shall conform with regulations set forth in Chapter 771.
(Ord. 14-23. Passed 12-11-23.)
Off street parking and loading requirements in the Residential Infill Overlay District shall comply with those set forth in Chapter 772.
(Ord. 14-23. Passed 12-11-23.)
The following application and approval process shall apply to homes constructed or remodeled according to the Residential Infill Overlay Regulations.
(a) Building Permit and Engineer-Stamped Site Plan.
(1) Each infill development proposal and engineer-stamped site plan shall begin with a building permit application submitted to the Zoning Administrator or designee.
(2) No excavation or site improvements shall be started, nor shall any building or structure be erected, altered or moved, until a building permit therefor has been applied for and received by the owner of the premises or a person legally acting under written authority of such owner, and issued by the Zoning Administrator.
(3) Application. Each application shall have:
A. Building permit form and fee.
B. Four copies of a plat showing the dimensions of the lot to be developed, the lot number, information as to any unusual natural or topographic features and evidence that the lot has been surveyed and properly located.
C. Four copies of an engineer-stamped site plan, drawn to scale, showing the location of proposed and existing buildings, driveways, parking areas, walks and landscaping, proposed finished grades and the dimensions of the aforesaid features, and the location, dimensions, and use of all buildings on adjacent lots within fifty feet from the lot lines thereof.
D. Six copies of architectural plans and elevations of the proposed building, structure or use, including signs and screen walls, drawn to scale and properly dimensioned, showing all architectural features and indicating exterior finishes, materials and colors to be utilized. An interior floor plan is also required.
E. Six copies of landscaping plans, showing number, location, and type of all proposed plants and landscaping features.
F. Four copies of such other drawings and information as may be required by the Zoning Administrator, the City Architect or the Architectural Review Board, or their designee.
(4) Timeline. A complete building permit application shall be submitted to the Zoning Administrator or designee fifteen business days prior to the meeting of the Architectural Review Board, although the deadline for submission may be altered if the Zoning Administrator or designee sees fit.
A. The Zoning Administrator or designee will make a determination of completeness for each building permit application within five business days of receipt. If the application is not complete, the Zoning Administrator will notify the applicant of deficiencies within those five days.
B. If the application is complete, the Zoning Administrator or designee shall submit copies of each building permit application and accompanying drawings and information, within five days of the date of acceptance of the application, to the Architectural Review Board, to the City Engineer, to the Board of Zoning Appeals if a variance in needed, and the Planning Commission if the application involves a conditional use.
C. The Zoning Administrator or designee shall review all applications for a building permit for compliance with this Code and other applicable laws and regulations and record the findings of the City Engineer and the Architecture Review Board.
D. The City Engineer shall submit his or her findings for the residential infill development and associated improvements in writing to the Zoning Administrator or designee within fifteen business days of receipt of application from the Zoning Administrator.
E. The Architectural Review Board shall consider the application at its next meeting and shall supply its determination to the Zoning Administrator or designee within five days of its hearing.
F. If the application contains a variance request, the application shall be submitted to the Board of Zoning Appeals. The review and approval process shall conform to the procedures set forth in Section 762.04 of this Zoning Code.
G. If the application contains a conditional use, the application shall be submitted to the Planning Commission and review and approval process shall conform to Section 762.05.
H. If neither a variance nor a conditional use permit is needed, the Zoning Administrator or designee shall appropriately notify the applicant in writing within five days after the meeting of the Architecture Review Board at which the application is heard.
(5) Approval. No building permit shall be issued until:
A. The work described in the application clearly complies with all provisions of this Planning and Zoning Code and other applicable laws and regulations. The Zoning Administrator or designee shall have no power to grant variances or exceptions to this Code.
B. The Zoning Administrator or designee has approved the application for the permit. Such approval shall be granted only when:
1. If applicable, the Zoning Administrator or designee finds that all applicable requirements and standards of this Code have been complied with;
2. The Planning Commission has approved the proposed development as a conditional use in accordance with the procedures described in this Title;
3. If applicable, the application has been submitted to and approved by the Zoning and Building Standards Board of Appeals in accordance with the limitations, procedures and requirements of this Title;
4. The City Engineer has approved of the residential infill development and associated improvements in accordance with the standards and procedures of this Code; or
5. The Architectural Review Board has approved the application of the residential infill development in accordance with the standards and procedures of this Code.
C. The building permit shall be valid for a period of one year from the date of approval. During that time, construction must begin, or the building permit approval is no longer valid.
(b) Certificates of Occupancy.
(1) No land shall be occupied or used, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Zoning Administrator or designee, stating that the building or proposed use thereof complies with the provisions of this Planning and Zoning Code and other applicable codes, and no nonconforming use shall hereafter be used, occupied, maintained, renewed, changed or extended unless a certificate of occupancy shall have been issued by the Zoning Administrator or designee in conformity with the provisions of Title Five.
(2) Once construction is nearing completion, the applicant shall apply for occupancy and final inspection to the Zoning Administrator or designee.
(3) Within ten days of request, the Zoning Administrator or designee shall inspect the subject property and shall issue a certificate of occupancy therefor if the use of such building or land conforms to all the provisions of this Code.
(Ord. 14-23. Passed 12-11-23.)