The residential planned community district is a parcel of land developed with a variety of land uses which may vary from strict application of minimum standards in other land use classifications with the purpose of encouraging the development of large tracts of land as planned communities; encourage flexible and creative concepts in site planning; preserve the natural environment by encouraging scenic and functional open areas within residential areas; and provide for an efficient use of land resulting in increased efficiency in providing services, thus lowering development costs due to the smaller networks for streets and shorter utility lines.

(Ord. of 12-3-2018)

The residential planned comprehensive development is a flexible alternative which advocates the grouping or clustering of lots and buildings on a smaller portion of the tract, where the developer can maintain the same residential density but offer smaller lots, with remaining land dedicated or reserved for open space, agriculture, woodlands or recreation.

1.

Applicability. RPC is permitted only if a single developer or development group is planning and constructing the entire unit, including all amenities, and shall not be available to any development if any lots or parcels are sold to others before construction of amenities and buildings (excepting single family residences). Amenities may be shown as part of a specific phase(s) of the master plan and must be constructed accordingly.

2.

In the event of the failure of the developer to complete any portion of the approved plan, then all requirements of subdivision regulations shall be complete before sale of any lots or issuance of building or occupancy permits.

3.

The amount of permanent open space or natural space required shall be no less 30 percent of the development. An active amenity area is required. The overall net density shall be no more than one unit per acre except for multi-family applications which shall be four units per acre.

In some cases, the health department may require a lower density for septic tank requirements based on soils and slope.

4.

An application for zoning and any development permits shall be preceded in each case by informal meeting with the mayor or other council member, the city manager and the planning director or designee as available prior to submission and shall be consistent with the format required for subdivision approval with the following additions:

a.

A proposed master plan showing at minimum:

i.

Total property area included in the development with a legal description of the subject property and bounds;

ii.

Proposed buildings with approximate square footage and footprints;

iii.

Proposed street layout;

iv.

Existing topographic conditions to include a contour interval of a minimum five feet based on field surveys or photogram metric photogrammetric methods;

v.

Amenity areas and buildings, including defined open space;

vi.

Traffic impact study.

b.

Water and sewage disposal and other utility plans.

c.

A statement of intent containing disclosure of ownership, financial information, of the character of the proposed development, including a summary of gross density, types of dwelling units, stages of the development including completion of amenities, open space and landscaping.

d.

A master drainage plan shall be provided with the application for rezoning to identify the detention/retention and encourage creative water quality and quantity treatment processes.

5.

Lapse of approval shall occur two years after the approval of the development plan or if the applicant fails to reasonably maintain the development schedule (delay over six months for any phase of the project without satisfactory explanation.) The planning commission may extend approval for one year at its discretion. Upon lapse of approval, all approved documents shall be revoked and the area shall be returned to the previous district classification following appropriate notice, hearings and approvals of the mayor and council. The developer shall receive a minimum of 60 days' notice of intent to revoke approval prior to initiating the application.

6.

The approved rezoning to RPC shall automatically be conditioned upon the approved master plan regardless of ownership unless approval lapses pursuant to section 1802(5). Any change or revision to the master plan after the initial rezoning or any change to any other zoning condition imposed by the county, shall require a rezoning application. The approved plan and any revisions shall be recorded in the office of the county clerk with the minutes of the meeting when the plan is approved or revised.

7.

Any major or substantial change in the approved master development plan that affects the intent and character of the development, increases the density or changes the land use pattern, changes the location or dimensions of streets or similar changes must be reviewed and approved by the mayor and council after review and recommendation by the planning commission before any work shall be permitted. A request for revision of the master development plan shall be supported by a written statement justifying the necessity or desirability for such revision. Any such major change shall be considered a request to change a zoning condition and shall be subject to rezoning procedures.

The following uses are allowed within this district. Uses not listed in this subsection are prohibited in this district.

a.

Single family dwellings with on-site construction only. Only one principal residence per parcel of land.

b.

Apartments, duplexes, triplexes, quadplexes, semi-detached residences and townhouses.

c.

Owner-occupied condominiums.

d.

Bed and breakfast establishments.

e.

Short-term home rentals.

f.

Private amenity areas such as swimming pools, tennis courts, children's play areas, small gardens, non-commercial greenhouses, fitness and recreations centers, club house or community rooms and other similar uses, provided that the following conditions are met:

i.

Adequate parking area is provided for the amenity area; typically, a minimum of 15 parking spaces, unless a variance is approved,

ii.

The area is fenced and landscaped. All pools should be landscaped and screened such that at least 50 percent of the view from the public road is obscured.

iii.

The amenity area shall be constructed and completed in the first phase of the development if the development is 100 acres or less. If the development is greater than 100 acres, the developer shall construct the amenity area in conjunction with the development of a specific phase of the development.

This shall be clearly delineated and noted on the master plan.

iv.

Lighting is provided for the parking area and all walkways and pedestrian access points.

g.

A limited commercial component to the project is allowed, i.e. golf clubhouse, neighborhood child care facility, etc. This may be included at no more than five percent of the total gross acreage. The commercial uses are intended for small-scale neighborhood service and will be specifically determined by the mayor and council upon master plan approval. The commercial component of the master plan shall be integrally designed with the residential component and shall provide both vehicular and pedestrian interconnectivity and access throughout.

(Ord. of 12-3-2018; Ord. of 8-19-2019, § 12)

a.

Commercial uses not specifically permitted in this section.

b.

Industrial uses.

c.

Manufactured (mobile) homes and houses moved from other locations are prohibited.

d.

Animals that individually or in numbers create a nuisance by noise, smell, unsanitary or visual effects. Horses are prohibited. Kennels for the breeding of any animal for sale are prohibited. Pet fowl or birds may be kept in cages in accord with the terms of this subsection. No swine are permitted.

e.

Any use not permitted in accord with the terms hereof.

(Ord. of 12-3-2018)

a.

Minimum area. Each separate tract of open space shall contain at least two acres; except that no minimum tract size is required for open space in medians in streets or islands for cul-de-sac turnarounds.

b.

Minimum width. Walkways or "fingers" of open space created to provide access from individual lots to a larger expanse of open space shall have a minimum width sufficient to accommodate a path, given the existing terrain, the center of which path shall be at least 25 feet from any property line. All path dimensions shall have a width no more than eight feet.

c.

Desired features. Open space shall include irreplaceable natural features of the site such as streams, significant stands of trees, individual trees of significant size, rock outcropping, and peaks and ridges that are themselves scenic features or from which scenic views are available.

e.

Natural limitations. Natural areas which are unsafe for or not easily accessible to pedestrians, including swamps, floodplains, wetland areas, steep slopes (35 percent or more for a distance of 100 feet or more), woodlands, lakes, ponds and streams - may be included as open space. These areas shall not count for more than 50 percent of the total open space required.

f.

Uses restricted. Buildings shall not occupy open space, but may occupy area allocated for one or more conventional lots.

g.

Easements restricted. Open space may be entered or crossed by utility easements where such easements will involve access by persons or vehicles for periodic maintenance or repair only.

h.

Open space shall be undisturbed except where designed as an active amenity area.

(Ord. of 12-3-2018)

a.

All roads within RPC zoning district shall be private roads and shall be maintained by a property owners association formed by the developer; except those roads which serve to connect the development to other public roads.

b.

All roads within a RPC development district shall be designated as private on all plats, maps, deeds, and road signs of the development.

c.

All private roads with the development shall be built to public standards.

d.

All roads shall have sidewalks and/or permanent pedestrian access designed throughout the project.

e.

All utilities shall comply with applicable codes, and street lighting shall be included on all new streets by the developer. If either condition exists, then ongoing responsibility for maintenance of utilities and lighting shall be held by the Homeowners or Property Owner's Association as appropriate.

(Ord. of 12-3-2018)

To ensure continued progress toward completion, the approved master development plan with updated accomplishments shall be submitted to the city planning commission for annual review. Failure to submit the review documents may result in lapse of approval.

(Ord. of 12-3-2018)