No property shall be zoned R-Patio Home Residential District except by application of the owner of the property to be zoned in accordance with the provisions of § 94.68. By making such application the owner consents to be bound by the provisions of § 94.55A and § 94.68. The district is intended to be a quiet, flexible density neighborhood consisting of single family residences for the privacy and convenience of the residents. The patio home development is a permitted design alternative to provide for developments incorporating a single type or a variety of residential and related accessory uses which are planned and developed as a unit. Such development shall consist of individual lots. Common land must be an essential and important element of the plan related to affecting a long-term value of the entire development. The district shall obtain no less than six acres with density not greater than three dwellings per 1.05 acres and shall have the following minimum requirements:
(A) Permitted uses. Single-family detached dwellings.
(B) Dimensional requirements. The following dimensional requirements shall be complied with:
(1) Six thousand square feet minimum lot area per dwelling unit with the remaining area being designated as streets or common area.
(2) Yard, setback, lot size, type of building unit, height and frontage requirements shall be determined by the Village Council after consideration of any recommendation of the Planning Board under the procedure as set out in § 94.68.
(3) Minimum square footage for each residence shall be 2,000 square feet heated living space, exclusive of garages, patios, open porches and decks.
(4) Every dwelling unit either shall have access to a public street, walkway or other maintained area dedicated to common use.
(5) The approximate location of structures, shown on the site plan, shall be so arranged as not to be detrimental to existing or other proposed structures or to the development of the neighborhood.
(6) Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, or uses and reduction of noise.
(C) Construction and landscaping criteria.
(1) All structures other than one- and two-family dwellings shall have an outside siding of individual brick or wood; provided, however, residences or other structures may use Hardie (content fiber siding) board, individual stone, or vinyl shakes in the area of dormers. Earth tone colors shall be used on all exterior surfaces of the residence or other structures.
(2) Residential yards will be sodded with warm weather grass. Landscaping shall include foundation plantings around residence. All plantings will be guaranteed by the developer for a minimum of one year. Irrigation must be from a common source well operated and managed by the property owners association to ensure efficacy balance with water conservation.
(D) Special use. The following use is permitted if the Village Council issues a special use permit allowing it in accordance with the requirements in § 94.58: The excavation of more than 25 cubic yards, or addition of more than 25 cubic yards of dirt, soil, earth or other fill material and the erection of any kind of fence not shown on the approved site plan.
(E) Before issuing a zoning permit pursuant to § 94.82, the Zoning Enforcement Officer shall be provided with a site plan depicting the design of the single family residence or other structure, defining the building materials, including color, to be used for the outside siding of the residence or other structure and showing the proposed landscaping for the lot and must be satisfied that the provisions of this section § 94.55A and § 94.68 have been complied with.
(F) Perimeter requirements. If topographical or other barriers within 200 feet of the perimeter of the development do not provide reasonable privacy for existing uses adjacent to the development, the Village Council, after receiving the recommendation of the Planning Board shall impose either of the following requirements:
(1) Structures located on the perimeter of the development must be set back in accordance with the provisions of this chapter controlling the area within which the development is situated; and
(2) Structures located on the perimeter of the development must be well screened by a buffer strip (See § 94.04(B)(3)).
(G) Sidewalks. Sidewalks shall be provided as deemed necessary by the Village Council, after receiving the recommendation of the Planning Board.
(H) Common area. All remaining land not shown as lots shall be designated as common areas. "COMMON AREA" is defined as a parcel or parcels of land or an area of water, or a combination of land and water, designed and intended for the use or enjoyment of residents of the development, or of the general public. Common area may contain accessory structures and improvements necessary or desirable for non-commercial recreational uses. A variety of open space and recreational areas is encouraged, such as children's informal play in close proximity to individual dwelling units, according to the concentration of dwellings, formal parks, picnic areas, playgrounds; and scenic open areas and communal non-commercial recreational facilities.
(I) Conveyance and maintenance of common open space. All common open space, shown on the final development plan and recorded in the office of the Register of Deeds of Wayne County, must be conveyed in accordance with the following: When leasing or conveying title (including beneficial ownership) to a corporation, association or other legal entity, the terms of such lease or other instrument of conveyance shall conform with applicable state laws and must include provisions suitable to the Village Council after receiving the recommendation of the Planning Board for guaranteeing:
(1) The continued use of such land for the intended purposes.
(2) Continuity of proper maintenance for those portions of the open space land requiring maintenance.
(3) When appropriate, the availability of funds required for such maintenance.
(4) Adequate insurance protection.
(5) Recovery for loss sustained by casualty, condemnation, or otherwise.
(J) The developer must file in the County Register of Deeds' Office, at the time the approved final subdivision map is filed, legal documents which will produce the aforesaid guarantees, and, in particular, will provide a method for restricting the use of common open space for the designated purposes.
(K) Utility and continuity for common use. All common open space proposed for dedication to the village must be acceptable to it with regard to the size, shape, location, and improvement. In addition, the applicant must show that the dedication of such areas as common open space will be of benefit to the general public of the village.
(L) Improvements.
(1) Circulation facilities. The arrangement of public and common ways for pedestrian and vehicular circulation in relation to other existing or planned streets in the area, together with provisions for street improvements, must meet the approval of the Village Council after receiving the recommendation of the Planning Board.
(2) Utilities. Patio Home developments shall provide for underground installation of utilities (including water and sewer, electricity, telephone, and irrigation) in both public ways and private extensions thereof, except for power lines that meet the requirements of G.S. § 160D-804(h). Provisions shall be made for acceptable design and construction of storm sewer facilities including grading, gutters, piping, and treatment of turf to handle storm waters, prevent erosion and the formation of dust. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the appropriate municipal authority having jurisdiction thereof. An application shall not be approved unless adequate assurance is given that public or quasi-public water and sanitary sewer service will be available. Upon application by the developer and good cause shown, the Village Council after receiving the recommendation of the Planning Board may modify or waive this requirement provided such action is consistent with the spirit and intent of this section.
(3) Pedestrian circulation. The pedestrian circulation system and its related walkways shall be separated as completely and as reasonable as possible from the vehicular street system in order to provide maximum distance between pedestrian and vehicular movement.
(M) Common area ownership/homeowners association. Restrictive covenants and other Agreements, including all corporate documents which create a homeowners association for the maintenance of all property owned as common area, including, but not limited to, streets, parking area, easements and the like, must be approved by the Village Council, after receiving the recommendation of the Planning Board prior to recordation.
(N) Site plan. In addition to the plat requirement set forth in §§ 93.30, 93.31, 93.32 and 93.33, a site plan shall be approved by the Village Council after receiving the recommendation of the Planning Board. Site plans shall not be recorded but shall be kept by the Zoning Enforcement Officer and shall be used by the Zoning Enforcement Officer as guidance when issuing a zoning permit pursuant to § 94.82. Site plans shall show the location of the buildings, streets, alleys, walks, parking areas, common areas, tree cover and plantings in the development. The site plan shall number and show the dimensions of all building sites and all streets and utility easements to be dedicated to the public. Site plans will include a complete landscaping plan identifying plant and tree species to be planted in the foundation areas around homes, buffer strips, and common areas. The site plan will show compliance with the provisions of § 94.55 as well as this section § 94.69. All areas on the site plan other than the public street, easements, or private building sites shall be shown and designated as common areas.
(O) Public access and easements. Building lots may abut or be provided with frontage on common areas, properly restricted through a property owners association to assure, adequate access, if in the opinion of the Village Council, a public street is within an acceptable distance and would allow adequate community services. Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site.
(Ord., passed 2-9-20; Am. Ord., passed 6-23-21)