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Daphne City Zoning Code

ARTICLE XXIX.

INNOVATIVE DESIGN PROVISIONS

29-1 - General.

The intent of this article is to provide for single-family detached residential developments of an innovative or unconventional design for which the planning commission may modify the subdivision regulations, subject to the following restrictions:

(a)

Zoning: The following requirements are not subject to modification by the planning commission:

(1)

An innovative or unconventional design subdivision shall be allowed only in an R-4, High Density Single and Multi-Family District or R-6(G) Garden or Patio Home District as outlined in Article XXXV, Table of Permitted Uses and Conditions.

(2)

The development shall be designed with a wall or fence of a solid appearance at least six (6) feet in height and of a construction and design approved by the planning commission shall be provided along such boundary to protect the integrity of the subdivision and of the zoning district in which the development is to occur. Said wall or fence shall conform to applicable provisions as prescribed in Article XIX, Landscaping and Tree Protection.

(b)

Size of tract: The tract of land to be used for the innovative or unconventional subdivision shall be of sufficient size to accommodate the proposed uses and buildings in a homogenous and harmonious entity. However, it may not exceed a size greater than ten (10) acres, unless the development of the larger tract of land is approved by the planning commission.

(c)

Density: Maximum density shall be five (5) dwelling units per gross acre to be developed. No modification shall be allowed to reduce the aggregate net area of the lots in the subdivision to less than the minimum area required by the zoning district in which the development is to occur, however, a reasonable proportion of the required gross area may be combined with other portions to provide common open area. Such common open space means recreational area for collective use and enjoyment of the residents or occupants of the subdivision or the general public. Common open space shall not include streets, whether public or private, drainage ways, parking, and service areas.

(d)

Interior streets and sidewalks: All facilities within an innovative subdivision which are intended for the movement, storage, parking, loading and unloading of vehicles, or pedestrian traffic shall be provided with a permanent surface and of a construction approved by the planning commission.

(e)

Procedure: An application for review and approval of an innovative or unconventional design subdivision shall also be subject to the procedures as set forth in Article XVII, Subdivision Review.