§ 194.047  URBAN R-SF-2: SINGLE-FAMILY RESIDENTIAL DISTRICT.
   (A)   Intent. The R-SF-2: Single-Family Residential Districts are established to promote and maintain established neighborhoods within the town by the development of a variety of housing types, including single-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhoods. The development standards and range of permitted uses in this district provide for a mixture of housing opportunities in compliance with the single-family residential-low density land use recommendations of the master development plan of the town.
   (B)   Permitted uses.
      (1)   Primary uses.
         (a)   One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;
         (b)   Residential facility for the developmentally disabled;
         (c)   Residential facility for the mentally ill, subject to the provisions of § 194.100 of this chapter; and
         (d)   Child care home (that is used as the primary residence of the person who operates the child care home).
      (2)   Special exception uses.
         (a)   Club house, golf course (public and private), tennis courts and similar recreational uses that are an integral part of and for the residents of, a subdivision or planned unit development in which they are located (not including commercial community swimming pools); provided, however, that, any principal building or accessory swimming pool shall be located not less than 100 feet from any other lot in any R district; and
         (b)   Religious use.
      (3)   Accessory uses. See § 194.095 of this chapter.
      (4)   Home occupations. See § 194.097 of this chapter.
      (5)   Temporary uses. See § 194.096 of this chapter.
   (C)   Development standards.
      (1)   Water and sewer requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for a development in this district for lots in any subdivision platted and recorded after 1-1-2000.
      (2)   Minimum lot area. The average lot area shall be not less than one-half acre within a subdivision (as defined by the primary plat), and shall have a minimum lot area of not less than 15,000 square feet.
      (3)   Minimum lot width. The minimum lot width at the building setback line shall be not less than provided in the following table:
 
Lot Area
Lots Not on a Cul-De-Sac
Lots on a Cul-De-Sac
1 acre or more
150 feet
120 feet
25,000 square feet to 1 acre
100 feet
80 feet
15,000 square feet to 25,000 square feet
80 feet
64 feet
 
      (4)   Minimum lot frontage. The minimum lot frontage on a public street shall be not less than provided in the following table:
 
Lot Area
Lots Not On Cul-De-Sac
Lots on a Cul-De-Sac
1 acre or more
75 feet*
60 feet*
25,000 square feet to 1 acre
50 feet*
40 feet*
15,000 square feet to 25,000 square feet
40 feet*
32 feet*
NOTES TO TABLE:
*Direct access shall be gained from said public street or an abutting alley.
 
      (5)   Maximum lot coverage. Primary or special exception uses and accessory uses: 20% of the total lot area. Exception: lots within the Brittany Chase or Austin Oaks Subdivisions developed under the jurisdiction of the county’s Area Plan Commission and subsequently annexed into the town after 1-1-2004 shall be permitted a maximum lot coverage of 35%. See § 194.095 Urban Accessory Uses for additional information.
      (6)   Minimum yards and building setbacks.
         (a)   Front:
            1.   A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:
 
Collector/local street/cul-de-sac or other street
35 feet
Primary arterial street
35 feet
Secondary arterial street
35 feet
 
            2.   In the case where a proposed right-of-way line does not exist, as determined by the transportation plan for the town or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.
         (b)   Side: a minimum aggregate and individual side yard shall be provided along all side lot lines as follows:
 
Lots with an area of 1 acre (43,560 square feet) or greater
Aggregate side yards of 45 feet; no side yard shall be less than 20 feet
Lots with an area between; greater than 25,000 square feet to less than 1 acre (43,560 square feet)
Aggregate side yards of 30 feet; no side yard shall be less than 12 feet
Lots with an area of 15,000 square feet to 25,000 square feet
Aggregate side yards of 25 feet; no side yard shall be less than ten feet
 
         (c)   Rear: a minimum rear yard shall be provided along all rear lot lines as follows:
            1.   Accessory building or use: five feet, see also § 194.018 of this chapter; and
            2.   Primary building: 25 feet.
      (7)   Maximum building height.
         (a)   Accessory building: 22 feet, but in no case shall the height of an accessory building exceed the height of the primary building; and
         (b)   Primary building: 35 feet.
      (8)   Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:
         (a)   One-story building: 1,500 square feet; and
         (b)   Building greater than one-story: 1,000 square feet; provided that, the total finished floor area shall be at least 1,500 square feet.
      (9)   Off-street parking. See § 194.105 of this chapter.
      (10)   Signs. See §§ 194.160 through 194.169 of this chapter.
      (11)   Vision clearance areas. See § 194.021 of this chapter.
   (D)   Development standards exception. Development standards for the real estate known as The Sanctuary at 121st Street and legally described as: Exhibit A: approved for development and the plat of which was recorded under the jurisdiction of the county’s Area Plan Commission, County Commissioners and subsequently annexed into the town on 4-8-2007 shall utilize the following development standards, notwithstanding anything to the contrary contained in the ordinance, the real estate shall be governed entirely by the zoning classification attached to this section; the plat attached to this section and made a part hereof as Exhibit A; and all provisions of the 1998 Zoning Ordinance of the county (with May 2006 amendments) that are applicable to the zoning classification and the plat, all of which are hereby incorporated by reference including, without limitation, the following development standards.
      (1)   Minimum height of buildings. 35 feet.
      (2)   Minimum ground floor area.
         (a)   One-story: 900 square feet; and
         (b)   Multi-story: 750 square feet.
      (3)   Maximum lot coverage. 70%.
      (4)   Minimum lot area. 5,000 square feet (in all districts with public sewers).
      (5)   Minimum acreage on utilities. One-third acre per dwelling unit.
      (6)   Minimum road frontage. 45 feet (up to 20% of total lots may reduce road frontage by up to 20%).
      (7)   Minimum front yard. 20 feet from the right-of-way or 70 feet from the center of the road, whichever is greater (not applicable to flag lots).
      (8)   Minimum rear yard,primary structures. 20 feet.
      (9)   Accessory structures. Five feet.
      (10)   Minimum side yard. Five feet.
      (11)   Minimum primary structure width. 18 feet.
      (12)   Minimum number of parking spaces per lot. Two spaces: all of the foregoing which shall be subject to any conditions, waivers, variances or other modifications contained in the zoning classification or the plat.
      (13)   Improvement location permit. The issuance of all improvement location permits by the town for the development of the real estate and the construction of any residences and accessory structures within said real estate shall be governed solely by this division (D).
   (E)   Development plan approval required for open space subdivisions. All open space subdivisions proposed within an R-SF-2 District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in this section and §§ 194.125 through 194.128 of this chapter.
      (1)   Intent. Open space subdivisions are intended to allow greater flexibility in design and development of subdivisions in order to provide for more efficient use of land, protect topographical or other natural features or amenities, permit common area and open space reservation and preservation in perpetuity, and reduce overall development costs. The provisions set forth promote imaginative design in the development of subdivisions, which allows for better utilization of the unique physical qualities of the site in order to preserve them for not only the subdivision residents, but the community as a whole. To accomplish this purpose, the following regulations and development incentives to the R-SF-2 District shall be available when employing the open space subdivision option.
      (2)   Applicability. In any subdivision within the R-SF-2 Districts, the primary plat of which is submitted for approval after 7-1-2000 in accordance with Ch. 193 of this code of ordinances may be developed as an open space subdivision in accordance with the provisions of this section and §§ 194.125 through 194.128 of this chapter.
      (3)   Development requirements.
         (a)   Subdivision area (minimum size of a subdivision). There shall be a minimum of five acres required for the development of an open space subdivision. The tract of land to be divided shall be in one ownership or shall be the subject of an application for primary plat approval filed by the owners of the entire tract. The tract shall be developed as a unit and in the manner approved.
         (b)   Subdivision density. The overall maximum density of the proposed open space subdivision shall remain the same as that permitted by developing the same tract into developable lots in full compliance with the applicable underlying residential district regulations, Ch. 193 of this code of ordinances and any other applicable regulations.
         (c)   Project open space. The total land area saved by using this provision shall be put into project open space, per division (E)(5) below.
      (4)   Waiver of development requirements in the R-SF-2 District for open space subdivisions. Individual lots with an overall subdivision that receives development plan approval from the Plan Commission to be developed as an open space subdivision pursuant to this section and §§ 194.125 through 194.128 of this chapter, may be granted a waiver of the development requirements of the R-SF-2 District to the extent permitted below.
         (a)   Lot area, setback, frontage and coverage exceptions for individual lots. The following minimum provisions for lot area, rear and side yard setbacks, lot frontage and lot coverage may be reduced in an open space subdivision to the extent provided for below:
            1.   Minimum lot area. 6,000 square feet;
            2.   Minimum rear yard setback. 15 feet;
            3.   Minimum side yard setback. Five feet, unless the zero lot line option, noted in division (E)(4)(b) below, is utilized;
            4.   Minimum lot frontage. Minimum lot frontage may be reduced to 15 feet; provided that, each individual lot shall have direct access to a public street;
            5.   Maximum lot coverage. 50%; and
            6.   Lot width. 50 feet.
         (b)   Zero lot line option. Any subdivision which is submitted for review and subsequent primary plat approval utilizing the open space subdivision provisions of this section, may reduce the minimum side yard requirement for one side yard of each lot to zero feet; provided that:
            1.   A minimum distance of ten feet shall be required and maintained between all buildings on abutting lots;
            2.   No window or doors shall be provided or maintained on that portion of the building in which the required side yard has been reduced to zero feet;
            3.   The aggregate side yard(s) is provided on the lot according to the applicable residential district regulations; and
            4.   An access and maintenance easement shall be recorded which provides for the continual maintenance of the lot. Buildings and structures along the side yard which has been reduced to zero feet.
         (c)   Design and construction standards.
            1.   All construction projects which are to become part of the town’s system, to be operated and maintained by the town, shall conform to the town’s design and construction standards.
            2.   Construction drawings and specifications (including any variations thereof) shall be approved by the town and a written permit obtained in accordance with existing ordinances before construction begins.
      (5)   General requirements for project open space.
         (a)   The amount of permanent open space created by the development of the tract as an open space subdivision shall be:
            1.   Preserved in its naturally occurring state;
            2.   Developed only to the extent required to provide for:
               a.   The passive recreational activities of walking, biking, hiking, picnicking;
               b.   Developed and maintained as landscape features including, but not limited to, common areas, landscape easements and boulevard entry ways; or
               c.   Other recreational or amenity features approved by the Plan Commission.
            3.   Developed into an active recreational area; and
            4.   If the project is located adjacent to any portion of a bicycle/walking/jogging pathway, or the rail trail, as developed by the town or its Parks Department, a direct linkage to such bicycle/walking/jogging pathway or rail trail from the open space shall be provided.
         (b)   The development of such open space shall be subject to the following additional requirements.
            1.   The open space shall be equivalent to or more than the total reduction in lot area. At least 75% of the total amount of open space shall consist of land areas which are at least 50 feet wide.
            2.   The open space created by the development of the tract as a open space subdivision shall further be provided in such a manner that it is accessible:
               a.   To residents of the open space subdivision and their guests, by way of sidewalk, footpath or combined walkway/bikeway; and
               b.   For maintenance.
            3.   The open space shall run perpetually with the open space subdivision and shall not be developed or separated from it at a later date. Provisions shall be made for continuous and adequate maintenance of the open space at a reasonable and non-discriminatory rate of charge.
         (c)   Open space shall be calculated by taking the total land area within lots contained in sketch plan one (as outlined below) and subtracting the total land area within lots contained in sketch plan two (as outlined below).
      (6)   Procedures for open space subdivision approval plan documentation and supporting information.
         (a)   Plans. Prior to applying for primary plat approval, the petitioner shall submit two plans for the tract proposed for a open space subdivision for review by the Building Commissioner.
            1.   A sketch plan shall depict the development of the tract in full compliance with all use and development standards of the applicable underlying residential district and Ch. 193 of this code of ordinances. This sketch plan shall be used to determine the maximum number of developable lots possible on the tract and set the density of that development.
            2.   A site plan shall depict the development of the tract as an open space subdivision. The density of the overall development (total number of lots), shall be no greater than that permitted by the development of the tract depicted in the sketch plan. Documentary evidence of the provision of open space in a manner and amount equal to or in excess of that required by this section shall be proved either in written format or in tabular format incorporated into the site plan.
         (b)   Building Commissioner review.
            1.   The Building Commissioner shall compare the two plans noted above to determine the appropriateness of the open space subdivision layout for the tract. In determining the appropriateness of the open space subdivision’s layout, the Building Commissioner shall look for the following attributes:
               a.   Protection of unique topographical features on the tract, including, but not limited to: slopes, streams, wooded areas and other natural features;
               b.   Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;
               c.   Development of common open space and recreational areas accessible to residents of the open space subdivision including provisions for walkways and bikeways;
               d.   More efficient use of land;
               e.   Innovative residential environments;
               f.   Minimization of the alteration of natural site features by the design and location of individual lots, streets and buildings. Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between the development and the tract of land on which it is located;
               g.   Relationship to surrounding properties, improvement of the view from and of buildings; and
               h.   Minimization of the land area devoted to motor vehicle access shall be encouraged through the arrangement and location of individual lots, streets and buildings.
            2.   The Building Commissioner shall further review the proposed open space subdivision to ensure that it shall be constructed, arranged and operated so as not to interfere with the development and use of surrounding properties in accordance with the applicable residential district regulations, to include any necessary transition along the perimeter of the development with other abutting single-family residential districts. In review of the proposed open space subdivision, the Building Commissioner may consult with the town’s Engineer or other appropriate health and safety officials to ensure that all fire and safety issues are addressed.
            3.   The Building Commissioner shall provide his or her findings in writing to the petitioner, with a copy forwarded to the Plan Commission. The petitioner may then proceed with the filing of a petition for primary plat approval, which shall further serve as a petition for development plan approval. The primary plat filed shall be in substantial compliance with the site plan submitted to and reviewed by the Building Commissioner or may be revised to address or correct any deficiencies outlined in writing by the Building Commissioner. The petition for a primary plat approval, and subsequent legal notice of the public hearing regarding the petition, shall indicate clearly that the petition is for primary plat and development plan approval for an open space subdivision.
         (c)   Plan Commission consideration.
            1.   The Plan Commission shall make a disposition on the petition for development plan separately from the petition for primary plat approval for an open space subdivision in compliance with this chapter, Ch. 193 of this code of ordinances and the rules of procedures of the town’s Plan Commission.
            2.   All petitions for secondary plat approval for an open space subdivision shall comply with the primary plat approved by the Plan Commission and any commitments or conditions associated with its approval.
         (d)   Findings.
            1.   The Plan Commission may approve a development plan (and thereby grant the waivers requested by the petitioner) indicating compliance with this section and §§ 194.125 through 194.128 of this chapter only upon finding that:
               a.   The use or value of area properties shall not be adversely affected;
               b.   The proposed development shall be in compliance with the applicable general requirements for open space;
               c.   The proposed development is appropriate to the site and its surroundings; and
               d.   The proposed development is consistent with the intent and purpose of this chapter.
            2.   Following a disposition of the development plan, the Plan Commission may then consider a primary plat following the requirements and findings of Ch. 193 of this code of ordinances and the rules of procedures of the town’s Plan Commission.
         (e)   Existing perimeter street lots.
            1.   Existing perimeter streets shall be separated by a minimum 50-foot open space buffer when rear loaded lots or lots served by an access street/drive causing the eventual house to face the existing perimeter street.
            2.   When lots are to cause houses to back up to an existing perimeter street, there shall be a minimum 150-foot open space buffer with landscaping equal to a Level C pursuant to § 194.109 of this chapter.
         (f)   Vistas. Backyard vistas from internal streets shall be broken up by open space landscape areas along internal street frontage(s) where affected by such view.
         (g)   Maintenance of common open space. As a part of the approval of an open space subdivision, the petitioner shall submit with the petition for primary plat approval, and any subsequent secondary plat approvals, for review and approval documentary assurances, in the form of signed and notarized commitments, that permanent reservation of the open spaces areas shall be made and that adequate provisions are being made for the continuous and adequate maintenance of the open space subdivisions open space, common areas and recreational areas. The documentary assurance shall be incorporated in the primary plat, and subsequent secondary plats, and that all documentary assurances shall be recorded with the office of the county’s Recorder. No exceptions to, or deviations from, these commitments shall be permitted unless approved by the Plan Commission. In approving any exceptions to or deviations from these commitments, the Plan Commission shall provide a finding that the petitioner has adequately provided for the upkeep, protection and maintenance of open space, common areas or recreational areas through other legally binding perpetual agreements.
      (7)   General regulations. See general regulations for R districts.
(Ord. 2000-16, passed 8-28-2000, § 2.8; Ord. 2007-01, passed 1-8-2007; Ord. 2017-17, passed 12-4-2017; Ord. 2020-01, passed 1-6-2020)