CHAPTER 1130A
R-OS Overlay Residential-Open Space Overlay District
1130A.01   Purpose.
1130A.02   Overlay district boundaries and application.
1130A.03   Uses.
1130A.04   Lot requirements.
1130A.05   Yard requirements.
1130A.06   Dwelling area requirements.
1130A.07   Maximum building height.
1130A.08   Open space requirements.
   1130A.01 PURPOSE.
   The purpose of the R-OS Residential-Open Space District is to protect and promote the health, safety, and general welfare of the City, to enhance the visual appearance of residential development, to protect and promote the character and vista of the rural areas within the City, to prevent unnecessary clutter and congestion within such developments and the surrounding neighborhoods, to protect environmentally sensitive areas, and to establish regulations for flexible design alternatives to the requirements of the underlying district to encourage site design practices that provide for efficient layout of infrastructure and preserve open space and natural features, while maintaining density control in conformity with the underlying district, by offering this district to developers of 10 acres, or more, as an alternative to the regulations of the underlying district.
(Ord. 2004-183.  Passed 11-22-04.)
   1130A.02  OVERLAY DISTRICT BOUNDARIES AND APPLICATION.
   (a)   Boundary. The R-OS Residential-Open Space Overlay District boundaries shall overlay and be contiguous with the traditional residential zoning districts boundaries within the City, being R-R, R-T, R-1, and R-2.  The R-OS Residential-Open Space Overlay District is not available in the R-2A, R-G, or R-3 zoning districts.  The effect shall be the creation of a new zoning district consisting of these regulations and requirements and those of the underlying district.
   (b)   Standards to Apply. Where the standards of the R-OS Residential-Open Space Overlay District and the underlying district differ, the R-OS Residential-Open Space Overlay District standards shall apply.  However, the density under the R-OS Residential-Open Space Overlay District shall not be greater than the maximum density of the underlying district.
   (c)   Application. The R-OS Residential-Open Space Overlay District may be applied, at the option of the developer, as an overlay to specified residential districts where residential development of 10 acres, or more, is planned by the applicant and where sanitary sewer and municipal water are available to the development site.
(Ord. 2004-183.  Passed 11-22-04.)
   1130A.03 USES.
   (a)   Permitted Uses. Upon compliance with these regulations, the Zoning Inspector shall issue a zoning certificate for the following uses: 
      (1)   Single-family dwelling, detached.
      (2)   Accessory buildings and uses incidental and subordinate to single-family dwelling use, excluding any activity conducted as a business.
      (3)   Signs, subject to Chapter 1159.
   (b)   Conditionally Permitted Uses.  Subject to Chapter 1153 and these regulations, the Planning and Zoning Commission may issue a conditional zoning permit for the following use:
      (1)   Single-family dwelling, attached, except where sanitary sewer and municipal water are not available and except within the R-R and R-T zoning districts. Lot Requirements, Yard Requirements, and Maximum Density shall be determined by the Planning and Zoning Commission, guided by the standards set for a single-family dwelling, detached, under each application.
         (Ord. 2004-183.  Passed 11-22-04.)
   1130A.04 LOT REQUIREMENTS. 
   Note see Sections 1151.30 and 1151.31 for wetland and riparian setbacks.
   (a)   Minimum Lot Area. 
      (1)   The minimum lot area in the R-R, Rural Residential District, shall be 39,000 square feet.
      (2)   The minimum lot area in the R-T, Transitional Residential District, shall be 24,700 square feet.
      (3)   The minimum lot area in the R-1 Low Density Urban Residential District, shall be 16,800 square feet.
      (4)   The minimum lot area in the R-2 Medium Density Urban Residential District, shall be 12,000 square feet.
   (b)   Minimum Lot Width at Building Setback Line.
      (1)   The minimum lot width at the building setback line in the R-R, Rural Residential District, shall be 100 feet.
      (2)   The minimum lot width at the building setback line in the R-T, Transitional Residential District, shall be 90 feet.
      (3)   The minimum lot width at the building setback line in the R-1 Low Density Urban Residential District, shall be 75 feet.
      (4)   The minimum lot width at the building setback line in the R-2 Medium Density Urban Residential District, shall be 70 feet.
         (Ord. 2004-183.  Passed 11-22-04.)
   1130A.05  YARD REQUIREMENTS.
   (a)   Minimum Front Yard Setback.
      (1)   The minimum front yard setback in the R-R, Rural Residential District, shall be 80 feet.
      (2)   The minimum front yard setback in the R-T, Transitional Residential District, shall be 60 feet.
      (3)   The minimum front yard setback in the R-1, Low Density Urban Residential District, shall be 50 feet.
      (4)   The minimum front yard setback in the R-2, Medium Density Urban Residential District, shall be 40 feet.
   (b)   Minimum Rear Yard Setback.
      (1)   The minimum rear yard setback in the R-R, Rural Residential District, shall be 80 feet.
      (2)   The minimum rear yard setback in the R-T, Transitional Residential District, shall be 60 feet.
      (3)   The minimum rear yard setback in the R-1, Low Density Urban Residential District, shall be 50 feet.
      (4)   The minimum rear yard setback in the R-2, Medium Density Urban Residential District, shall be 40 feet.
   (c)   Minimum Side Yard Setback.
      (1)   The minimum side yard setback in the R-R, Rural Residential District, shall be 10 feet.
      (2)   The minimum side yard setback in the R-T, Transitional Residential District, shall be 10 feet.
      (3)   The minimum side yard setback in the R-1, Low Density Urban Residential District, shall be 8 feet.
      (4)   The minimum side yard setback in the R-2, Medium Density Urban Residential District, shall be 7 feet.
         (Ord. 2004-183.  Passed 11-22-04.)
   1130A.06 DWELLING AREA REQUIREMENTS.
   (a)   Minimum Single-Family Dwelling Area.
      (1)   The minimum floor area of a single-family dwelling in the R-R, Rural Residential District, shall be 2,500 square feet.
      (2)   The minimum floor area of a single-family dwelling in the R-T, Transitional Residential District, shall be 2,250 square feet.
      (3)   The minimum floor area of a single-family dwelling in the R-1 Low Density Urban Residential District, shall be 2,000 square feet.
      (4)   The minimum floor area of a single-family dwelling in the R-2 Medium Density Urban Residential District, shall be 1,800 square feet.
         (Ord. 2004-183.  Passed 11-22-04.)
   1130A.07  MAXIMUM BUILDING HEIGHT.
   The maximum building height shall be 34 feet.
(Ord. 2004-183.  Passed 11-22-04.)
   1130A.08 OPEN SPACE REQUIREMENTS.
   (a)   Minimum Open Space. 
      (1)   The minimum of 40% open space (as measured over the entire development site) shall be required in the R-R, Rural Residential District.
      (2)   The minimum of 35% open space (as measured over the entire development site) shall be required in the R-T, Transitional Residential District.
      (3)   The minimum of 30% open space (as measured over the entire development site) shall be required in the R-1 Low Density Urban Residential District.
      (4)   The minimum of 25% open space (as measured over the entire development site) shall be required in the R-2 Medium Density Urban Residential District.
   (b)   Definition. Open space is defined in Section 1103.02(a)(91) and includes otherwise buildable land that is permanently and publicly accessible within the boundaries of the development site.  “Buildable land” means land that is suitable for residential development, not encumbered by easements, sublots, water, wetlands, utilities, isolation or restricted areas, topography (greater than 25% slope), or street right-of-way.  The Planning and Zoning Commission may allow a percentage of “unbuildable land” encumbered by water or wetlands to be included within the definition of open space (not to exceed 25% of the total open space area) to protect and preserve such areas in accordance with Chapter 1152.   
   (c)   Maintenance, Perpetuation of Open Space, Guarantee of Development.  The open space requirement may be accomplished by providing for the retention of open space in common ownership of the individual owners within the development through appropriate legal documents, with appropriate provision to assure continuous maintenance and the use of the common property for the purpose intended. The legal documents shall place unencumbered title to the common property in a form of common ownership representing the residents of the development, shall place responsibility for the management and maintenance of all common property, shall set forth the restrictive covenants, and place responsibility for the enforcement thereof, and shall provide for the subjection of each lot within the development to assessment of its proportionate share of maintenance costs of the common property. Such legal documents shall be filed with the application for approval of the open space requirement and shall be approved as to form by the City Law Director. Such legal documents shall be recorded as deeds or plats are recorded with the County recorder. Or, the open space requirement may be accomplished by an alternative approach approved by the Planning and Zoning Commission pursuant to and in accordance with Chapter 1152
(Ord. 2004-183.  Passed 11-22-04.)