Skip to code content (skip section selection)
Compare to:
Loading...
§ 155.161 FINAL DEVELOPMENT PLAN.
   (A)   Prior to construction on any lots in the Planned Development Zoning District, the petitioner shall present a final development plan to the Planning Commission for review, and to the Board of Commissioners for its approval showing the following information:
   (B)   (1)   Final development plan approval shall expire one year from the date upon which it becomes effective if no work has commenced. Upon written request to the Administrator and prior to the final development plan approval expiration date, a time extension for the final development plan approval may be granted.
      (2)   The final development plan shall show the following information:
         (a)   The subdivision name, the legal description, and the individual project name (if any);
         (b)   Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan;
         (c)   A subdivision plat of the subarea or subareas submitted for approval in compliance with Chapter 151; and
         (d)   A scale drawing showing the following information will be required:
            1.   Size and location of proposed structures including height and number of units;
            2.   Calculated floor area for each structure and a generic listing of the uses within said structure;
            3.   Off-street parking lot arrangement designating all parking spaces, off-street loading spaces, and any outdoor trash container;
            4.   Any sidewalks, bikeways, or other paths;
            5.   Any outdoor lighting, type, and location, except for standard street lights provided by the city;
            6.   Landscaping plans showing the type and location of any walls or fences, the placement, size, and species of any trees or shrubs, and berms in areas that will be sod or seeded;
            7.   All existing and proposed utilities, drainage ways, watercourses, and location of above ground existing utilities on adjacent property;
            8.   Proposed final ground contours;
            9.   Curb cuts and all private drives;
            10.   Adjacent, existing, and proposed uses;
            11.   First floor elevation for any structure located in a flood hazard area;
            12.   Accurate building elevation of all proposed structures;
            13.   Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities, including private streets;
            14.   Any subareas proposed for multiple residential development will be required to provide an open area for recreation. Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve;
            15.   Proposed parking and loading spaces which shall be in conformance with §§ 155.255 through 155.257, except where unique physical, environmental, or design characteristics make such requirements undesirable; and
            16.   Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the final development plan. For example, townhouses on block X shall be developed in conformance with the requirements of the R-1 Residential District.
(Ord. passed 2-3-2011, § 2.24.070)
§ 155.162 AMENDMENTS.
   (A)   Major amendments. The following changes in an initial and/or final development plan are considered major amendments:
      (1)   Any change in the proposed land uses shall follow a rezoning process; and
      (2)   An increase in density above that provided for in division (B)(5) below shall follow a rezoning process.
   (B)   Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:
      (1)   Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback);
      (2)   Any change in the number or location of curb cuts;
      (3)   Any decrease in the size of required open areas;
      (4)   A minor change in the street pattern;
      (5)   Any increase in density of a subarea:
         (a)   Less than 25% for a subarea with less than eight units;
         (b)   Less than 15% for a subarea with between nine and 20 units; and
         (c)   Less than 8% for a subarea with 21 units or more.
      (6)   Any change in the number of parking spaces;
      (7)   Any minor change to on-premises signage; and
      (8)   Any major change in the street pattern.
   (C)   Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:
      (1)   Any adjustment of a building within a previously established building envelope;
      (2)   A reduction in density and scale;
      (3)   Any minimal change in the street pattern;
      (4)   Any minimal change in the parking and loading requirements;
      (5)   Any minimal change to on-premises signage; and
      (6)   Any adjustment in the size or shape of the building envelope by reducing the building setback by one foot or less.
(Ord. passed 2-3-2011, § 2.24.080)
ADDITIONAL USE, YARD, AND HEIGHT REQUIREMENTS
§ 155.175 GENERAL PERMITTED USES REGULATIONS.
   (A)   (1)   The uses of land, buildings, and other structures permitted in each of the districts established by this chapter are designated by listing the principal uses permitted. If a use is not specifically listed in the permitted use, said use is not a permitted use allowed in the district.
      (2)   In addition to such principal uses, there may be uses customarily incidental to any principal use permitted in the district know as accessory uses.
   (B)   In the commercial and industrial districts, more than one principal use and structure may be allowed on a lot if all of the other regulations and standards of this chapter are met. In any residential district, any single-family attached dwelling, single-family detached dwelling, and two-family dwelling shall be deemed to be the sole principal use on the lot on which it is situated. In a multi-family residential district, more than one multi-family dwelling building may be allowed if all of the other regulations and standards of this title are met and the detailed site plan is approved by the Planning and Zoning Board.
   (C)   (1)   No recorded lot shall be divided unless such division results in the creation of lots, each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this chapter shall be permitted.
      (2)   There is an exception for changing the direction of interior lot lines on adjoining lots adjacent to the corner of two streets which does not result in a reduction of the square footage of either lot.
   (D)   Where there are existing recorded lots which do not meet the minimum lot area requirement, single-family dwellings may be constructed as long as a side yard shall be not less than four feet and the sum of the side yards shall be not less than 12 feet and as long as all other requirements, except lot size, are met.
   (E)   Where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.
   (F)   A building permit may be issued for a structure having access from an unimproved street, but in no case shall the structure be occupied until the street has been improved and water and sewer has been installed to city standards. Surety for said improvements shall be posted before the issuance of the building permit.
(Ord. passed 2-3-2011, § 2.26.010)
§ 155.176 GENERAL ACCESSORY USE AND STRUCTURE PROVISIONS.
   Each permitted accessory use shall:
   (A)   Be customarily incidental to the principal use established on the same lot;
   (B)   Be subordinate to and serve the principal use;
   (C)   Be subordinate in area, extent, and purpose to the principal use; and
   (D)   Contribute to the comfort, convenience, or necessity of users of such principal use.
(Ord. passed 2-3-2011, § 2.26.020)
§ 155.177 PERMITTED ACCESSORY STRUCTURES.
   Accessory uses shall be permitted as specified in § 155.176, and such accessory uses shall be applicable to the principal use and shall include, but not be limited to, the following:
   (A)   Dwellings.
      (1)   Private garage or carport used primarily for storage and which shall not be used for commercial purposes. The maximum cumulative allowable size of all garages or carports shall be 1,500 square feet or 30% of the size of the gross floor area of the dwelling unit(s), whichever is greater. In no event shall the size of the building footprint of the garage(s) or carport(s) exceed the footprint of the dwelling unit(s). The garage(s) or carport(s) shall be used only by persons residing on the premises. Any garage not meeting these requirements shall be allowed only as a conditional use pursuant to §§ 155.335 through 155.341;
      (2)   Children’s playhouse, playground equipment, and recreation equipment used on the lot;
      (3)   Private greenhouse, vegetable, fruit or flower garden, garden house, pergola, barbecue, or fireplace;
      (4)   Private tennis court, swimming pool, and bathhouse; and
      (5)   Shed for the storage. Any storage building larger than 200 square feet shall be considered a private garage.
   (B)   Church, chapel, temple, or synagogue.
      (1)   Parish house or residence for the clergy of the congregation; and
      (2)   Religious education building.
(Ord. passed 2-3-2011, § 2.26.030)
§ 155.178 HOME OCCUPATIONS.
   Home occupations are those secondary uses allowed on a premises in conjunction with the following.
   (A)   The occupation must be conducted entirely within a dwelling unit or within a private garage.
   (B)   The occupation must be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes.
   (C)   Only members of the immediate family residing on the premises may be employed by or participate in the home occupation.
   (D)   The area set aside for a home occupation shall not exceed 20% of the total floor area of the residence, including garages. The permissible floor area includes that space necessary for storage of goods or products associated with the home occupation.
   (E)   There can be no evidence other than the nameplate referred to in division (F) below that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
   (F)   Home occupation signs as regulated in §§ 155.270 through 155.280 are allowed on the premises.
   (G)   Such occupations shall not require substantial external alterations or involve construction features not customary in a dwelling.
   (H)   Merchandise offered for sale shall be clearly incidental to the home occupation.
   (I)   No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material shall be stored on site.
   (J)   Any process which will cause odor, dust, glare, noise, heat, or vibration which would have a negative effect on adjacent properties would not be allowed. No mechanical equipment other than that ordinarily utilized within a dwelling unit for household or hobby purposes shall be permissible.
   (K)   No visible evidence of the conduct of such home occupation shall be visible from any public way or neighboring property except for one commercial vehicle associated with the home occupation may be park on the premises.
   (L)   (1)   Public access to the home occupation shall be by invitation only and there shall ordinarily be no more than one vehicle not owned by the occupants on or adjacent to the property for business purposes except that appointments may overlap for time period not exceeding 30 minutes.
      (2)   Occasional parties, meetings, or classes associated with home occupations are permissible.
      (3)   The parties, meetings, or classes shall in no case be held more than four times monthly and vehicles shall in no way impede the safety and flow of traffic within the neighborhood. If the home occupation is the type in which classes are held or instructions given, there shall be no more than four students on the premises at any one time.
   (M)   Home occupations shall be restricted to the hours of 8:00 a.m. to 8:00 p.m.
   (N)   Any proposed home occupation which does not meet the criteria as established in this section may be allowed as a conditional use and must follow the requirements of §§ 155.335 through 155.341.
(Ord. passed 2-3-2011, § 2.26.040)
Loading...