East Lansing City Zoning Code
ARTICLE IV
SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL DISTRICTS
DIVISION 6. - TABLE OF LOT AND BUILDING REQUIREMENTS[4]
Cross reference— Buildings and building regulations, ch. 6.
Sec. 50-221. - Purpose.
The residential agricultural district is established for the purpose of regulating use of land for agricultural and similar purposes and low density residential use in a rural environment. The district is primarily designed for large tracts of land not subdivided into residential building lots and local streets and which are primarily used or suitable for agricultural pursuits or open space or lie beyond current growth and development areas.
(Code 1994, ch. 55, § 5.20; Ord. No. 1034, § 5.20, 6-3-2003)
Sec. 50-222. - Permitted uses.
In the RA district no buildings or premises shall be used and no building shall be erected or altered unless otherwise specifically provided for in this chapter, except for the following uses:
(1)
Permitted principal uses.
a.
Foster family homes, foster family group homes, and family day care homes, subject to the requirements of section 50-150(1).
b.
Nurseries and allied uses, general farming, orchards, greenhouses, and truck farming, except that the raising of poultry, pets, or livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor shall not be permitted.
c.
Single-family dwellings.
(2)
Permitted principal uses subject to an approved site plan as set forth in section 50-36 of this chapter.
a.
Commercial outdoor recreation establishment.
b.
Private or parochial schools.
c.
Public schools.
d.
Publicly owned parks and recreation areas.
(3)
Permitted principal uses subject to an approved special use permit as provided for in article II, division 3, of this chapter.
a.
Child care centers, day care centers, and group day care homes, subject to the requirements of section 50-150.
b.
Construction contracting businesses that provide services off-premises, including concrete, masonry, carpentry, plumbing, electrical, mechanical, roofing, siding, fencing and similar services; provided, that all equipment, materials, trailers and vehicles, except typical passenger vehicles, used in conjunction with the business, shall be stored in enclosed buildings or in yard areas that are completely enclosed with screen fencing or walls.
c.
Household pet daycare as defined in section 50-7 which is provided in conjunction with an owner-occupied residential property.
d.
Religious institutions.
e.
Retail sale of related supplies and accessories in conjunction with a nursery or greenhouse, such as soil, fertilizer, mulch, ground cover materials, planters, gardening tools, and equipment.
f.
Utility scale solar energy systems, subject to the regulations in section 50-155.
(4)
Permitted accessory uses.
a.
Class A home occupations.
b.
Outdoor sheds and storage buildings.
c.
Private garages, the capacity of which shall not exceed three automobiles, in conjunction with a single-family dwelling.
d.
Retail sale of items grown upon the premises.
e.
Roomer. The keeping of not more than one roomer by an owner residing in a single-family dwelling, except that a person owning a single-family dwelling on May 24, 1997, the effective date of Ordinance No. 900, shall be permitted to keep two roomers while continuing to own and reside in the dwelling. The maximum occupancy shall not exceed three unrelated persons, including the owner, for an owner-occupied dwelling or two unrelated persons for a non-owner-occupied dwelling. For purposes of this subsection, persons comprising a "domestic unit" as defined under "family" in section 50-6 shall be deemed related persons.
f.
Swimming pools, tennis courts, and other similar uses when used for noncommercial purposes.
(Code 1994, ch. 55, § 5.21; Ord. No. 1034, § 5.21, 6-3-2003; Ord. No. 1061, 2-7-2006; Ord. No. 1269, 1-17-2012; Ord. No. 1256, 1-15-2013; Ord. No. 1285, 1-15-2013; Ord. No. 1543, 7-15-2025)
Sec. 50-223. - Lot and building requirements.
The principal building, accessory buildings and other land uses shall be located so as to comply with the requirements of 50-301.
(Code 1994, ch. 55, § 5.22; Ord. No. 1034, § 5.23, 6-3-2003)
Sec. 50-241. - Purpose.
The purpose of the R-1 district is to establish and preserve quiet single-family home neighborhoods as desired by large numbers of people, free from other uses, except those which are both compatible with and convenient to the residents of such a district.
(Code 1994, ch. 55, § 5.31)
Sec. 50-242. - Permitted uses.
In the R-1 single-family residential districts, no buildings or premises shall be used and no building shall be hereafter erected or altered, unless otherwise specifically provided for in this chapter, except for the following uses:
(1)
Permitted principal uses.
a.
Clustered development plan, in accordance with the provisions of division 7 of this article.
b.
Foster family homes, foster family group homes, and family day care homes, subject to the requirements of section 50-150(1).
c.
Single-family dwellings.
(2)
Permitted principal uses subject to an approved site plan as set forth in section 50-36 of this chapter.
a.
Private or parochial schools.
b.
Public parks.
c.
Public schools.
(3)
Permitted principal uses subject to an approved special use permit as provided for in article II, division 3, of this chapter.
a.
Child care centers, day care centers, and group day care homes, subject to the requirements of section 50-150(2).
b.
Religious institutions.
(4)
Permitted accessory uses.
a.
Class A home occupations.
b.
Outdoor sheds and storage buildings.
c.
Private garages, the capacity of which shall not exceed three automobiles.
d.
Roomer. The keeping of not more than one roomer by an owner residing in a single-family dwelling, except that a person owning a single-family dwelling on May 24, 1997, the effective date of Ordinance No. 900, shall be permitted to keep two roomers while continuing to own and reside in the dwelling. The maximum occupancy shall not exceed three unrelated persons, including the owner, for an owner-occupied dwelling or two unrelated persons for a non-owner-occupied dwelling. For purposes of this subsection, persons comprising a "domestic unit" as defined under "Family" in section 50-6 shall be deemed related persons.
e.
Swimming pools, tennis courts, and other similar uses when not used for commercial purposes.
(Code 1994, ch. 55, § 5.32; Ord. No. 949, 6-18-2002; Ord. No. 1061, 2-7-2006; Ord. No. 1543, 7-15-2025)
Sec. 50-243. - Lot and building requirements.
The principal building, accessory buildings and other uses shall be located so as to comply with the requirements in section 50-301.
(Code 1994, ch. 55, § 5.33)
Sec. 50-261. - Purpose.
The purpose of the R-2 district is to establish and preserve quiet, single-family home neighborhoods, particularly in older subdivisions with smaller platted lots, as desired by large numbers of people, free from other uses, except those which are both compatible with and convenient to the residents of such a district.
(Code 1994, ch. 55, § 5.35)
Sec. 50-262. - Permitted uses.
In the R-2 single-family residential districts no buildings or premises shall be used and no building shall be hereafter erected or altered unless otherwise specifically provided for in this chapter, except for the following uses:
(1)
Permitted principal uses.
a.
Clustered development plan, in accordance with the provisions of division 7 of this article.
b.
Foster family homes, foster family group homes, and family day care homes, subject to the requirements of section 50-150(1).
c.
Neo-traditional neighborhood redevelopment plan, in accordance with the provisions of division 8 of this article.
d.
Single-family dwellings.
(2)
Permitted principal uses subject to an approved site plan as set forth in section 50-36 of this chapter.
a.
Private or parochial schools.
b.
Public parks.
c.
Public schools.
(3)
Permitted principal uses subject to an approved special use permit as provided for in article II, division 3, of this chapter.
a.
Religious institutions.
b.
Child care centers, day care centers, and group day care homes, subject to the requirements of section 50-150(2).
(4)
Permitted accessory uses.
a.
Class A home occupations.
b.
Outdoor sheds and storage buildings.
c.
Private garages, the capacity of which shall not exceed three automobiles.
d.
Roomer. The keeping of not more than one roomer by an owner residing in a single-family dwelling, except that a person owning a single-family dwelling on May 24, 1997, the effective date of Ordinance No. 900, shall be permitted to keep two roomers while continuing to own and reside in the dwelling. The maximum occupancy shall not exceed three unrelated persons, including the owner, for an owner-occupied dwelling or two unrelated persons for a non-owner-occupied dwelling. For purposes of this subsection, persons comprising a "domestic unit" as defined under "family" in section 50-6 shall be deemed related persons.
e.
Swimming pools, tennis courts, and other similar uses when not used for commercial purposes.
(Code 1994, ch. 55, § 5.36; Ord. No. 949, 6-18-2002; Ord. No. 1061, 2-7-2006; Ord. No. 1156, 1-16-2007; Ord. No. 1543, 7-15-2025)
Sec. 50-263. - Lot and building requirements.
The principal building, accessory buildings, and other uses shall be located so as to comply with the requirements in section 50-301.
(Code 1994, ch. 55, § 5.37)
Sec. 50-281. - Purpose.
The purpose of the R-3 district is to establish and preserve quiet single-family and two-family home neighborhoods as desired by large numbers of people, free from other uses, except those which are both compatible with and convenient to the residents of such a district.
(Code 1994, ch. 55, § 5.38)
Sec. 50-282. - Permitted uses.
In the R-3 district no buildings or premises shall be used and no building shall be hereafter erected or altered, unless otherwise specifically provided for in this chapter, except for the following uses.
(1)
Permitted principal uses.
a.
Foster family homes, foster family group homes, and family day care homes, subject to the requirements of section 50-150(1).
b.
Neo-traditional neighborhood redevelopment plan in accordance with the provisions of division 8 of this article.
c.
Single-family dwellings.
d.
Two-family dwellings.
(2)
Permitted principal uses subject to an approved site plan as set forth in section 50-36 of this chapter.
a.
Private or parochial schools.
b.
Public parks.
c.
Public schools.
(3)
Permitted principal uses subject to an approved special use permit as provided for in article II, division 3, of this chapter.
a.
Child care centers, day care centers, and group day care homes, subject to the requirements of section 50-150(2).
b.
Religious institutions.
(4)
Permitted accessory uses.
a.
Class A home occupations.
b.
Private garages, the capacity of which shall not exceed four automobiles.
c.
Outdoor sheds and storage buildings.
d.
Roomer in single-family dwelling. The keeping of not more than one roomer by an owner residing in a single-family dwelling.
e.
Roomer in two-family dwelling. The keeping of not more than one roomer by an owner residing in each unit of a two-family dwelling. The maximum occupancy shall not exceed three unrelated persons per dwelling unit for an owner-occupied dwelling unit or two unrelated persons for a non-owner-occupied dwelling unit.
f.
Swimming pools, tennis courts, and other similar uses when used for noncommercial purposes.
(Code 1994, ch. 55, § 5.39; Ord. No. 1061, 2-7-2006; Ord. No. 1156, 1-16-2007; Ord. No. 1543, 7-15-2025)
Sec. 50-283. - Lot and building requirements.
The principal building, accessory buildings and other uses shall be located so as to comply with the requirements in section 50-301.
(Code 1994, ch. 55, § 5.40)
Sec. 50-301. - Table of lot and building requirements.
(Code 1994, ch. 55, § 5.23; Ord. No. 1034, § 5.23, 6-3-2003; Ord. No. 997, § 5.23, 9-16-2003; Ord. No. 1087, pt. I, 12-21-2004)
Sec. 50-321. - Purpose and objectives.
(a)
These provisions are intended to permit and regulate large scale planned residential communities using innovative clustered designs as an alternative to traditional subdivision development in the R-1 and R-2 single-family residential districts. Through this overlay zoning process, all forms of housing development are permitted, singularly or in combination, but at an overall site density commensurate with the limits of the underlying single-family zoning district. This process also permits limited office uses, golf courses and country clubs and a variety of other open space and recreational elements to complement the development and benefit the residents of the planned community. This process encourages innovative, comprehensive and integrated design to ensure that the different uses present are compatible and complementary with each other and with their neighbors. It also limits total site development to preserve substantial areas of open space and protect desirable natural features of the site.
(b)
It is also the purpose of the district to achieve the following objectives:
(1)
To have land developed in a planned and orderly manner, at one time or in phases, in accordance with an overall site plan.
(2)
To expand and diversify home ownership opportunities available within the city by providing for a range of different housing types but at a density equal to traditional single-family subdivisions.
(3)
To encourage more affordable housing by permitting clustered and innovative site designs and by permitting limited office use within the development.
(4)
To control congestion and safety along public streets and to provide safe and convenient access by limiting principal access to major streets, by requiring designated and improved facilities for pedestrians, bicycles, and motor vehicles, and by requiring linkages to neighboring developments and public facilities.
(5)
To protect the privacy of residents and to minimize noise, congestion, and nuisance impacts by regulating the size and placement of buildings and parking facilities and by requiring buffers consisting of setbacks and landscape screens between uses and along streets.
(6)
To maintain an attractive community appearance and to provide a desirable living environment for residents by preserving natural features, particularly stands of mature trees, wetlands and floodplains, and by requiring open space and recreational facilities, and requiring visual and pedestrian access to those open spaces and recreational facilities.
(Ord. No. 949, ch. 55, § 5.41-51, 6-18-2002; Ord. No. 1019, ch. 55, § 5.41-51, 11-19-2002)
Sec. 50-322. - Uses permitted.
The following uses of buildings and premises, individually or in combination, shall be permitted in a clustered development plan.
(1)
Permitted principal uses.
a.
Foster family homes, foster family group homes, and family day care homes, subject to the requirements of section 50-150(1).
(2)
Permitted principal uses, subject to site plan approval as provided for in section 50-36 of this chapter:
a.
Multiple-family dwellings, except hotels and motels.
b.
Principal uses permitted in the R-1 or R-2 districts.
c.
Single-family dwellings.
d.
Townhouse dwellings.
e.
Two-family dwellings.
(3)
Permitted principal uses, subject to an approved special use permit, as provided for in article II, division 3, of this chapter, when developed in conjunction with a residential development as permitted in subsection (1) of this section:
a.
Child care centers, day care centers, and group day care homes, subject to the requirements of section 50-150(2).
b.
Extended care/nursing facilities.
c.
Golf courses or country clubs.
d.
Hotels or motels which are provided primarily to serve patrons of a golf course or country club.
e.
Offices.
f.
Religious institutions.
g.
Restaurants or banquet facilities, including those licensed for the sale of alcoholic beverages or alcoholic liquor as defined by MCL 436.2, which are provided in conjunction with a golf course or country club.
(4)
Permitted accessory uses, when provided in conjunction with the principal uses and the appropriate approvals above:
a.
Accessory facilities. Other facilities or structures provided for the use and convenience of residents of the development, such as laundries and storage rooms.
b.
Accessory uses permitted in the R-1 or R-2 districts.
c.
Golf course facilities. Facilities and structures which are customarily provided in conjunction with a golf course or country club including, but not limited to, a club-house, pro shop, starter shed, snack shop, driving range, practice putting and chipping greens, and storage buildings for carts or maintenance equipment.
d.
Office. One sales, rental, or management office for the development, when such office is located in a building intended to be used for one of the principal uses in subsection (1) of this section, or in a clubhouse or similar structure.
e.
Parking spaces, parking lots, garages, carports, and driveways.
f.
Recreational facilities and structures provided for the use of residents of the development and their guests.
g.
Storage buildings and areas for equipment necessary to maintain the development.
(Ord. No. 949, ch. 55, § 5.41-52, 6-18-2002; Ord. No. 1019, ch. 55, § 5.41-52, 11-19-2002; Ord. No. 1061, 2-7-2006; Ord. No. 1543, 7-15-2025)
Sec. 50-323. - Required conditions.
A clustered development plan must comply with the following standards.
(1)
Minimum site area. The site must have a contiguous area of at least 20 acres. Parcels which are the equivalent of one-half of one-quarter of one-quarter of a section shall be considered to meet this requirement. The site shall be developed by a single owner or a group of owners acting jointly in accordance with an approved site plan which encompasses the entire site.
(2)
Maximum residential density. The maximum number of residential units permitted on a site shall be determined by dividing the total site area by the minimum site area per unit standards from the following schedule:
For the purposes of this calculation, total site area shall not include any portion of the site which is used for offices or a golf course or country club, including their related parking areas, accessory uses and required yard areas. Where the type of unit to be built is not known or stipulated at the time of site plan review, as may be the case with subdivided building lots, each unknown unit shall be assumed to be a three-bedroom unit in determining the number of units permitted.
(3)
Phased development; density of individual elements. A site within this district may be planned and developed by a single owner or developer, or it may be developed in phases by two or more owners or developers in accordance with an overall site plan for the entire site. Individual elements of the overall site plan may be designed and developed at different densities as long as the total number of dwelling units on the entire site complies with the overall density limit established in subsection (2) of this section.
(4)
Minimum residential lot area. Where part of the site is to be subdivided into separate building lots or to be designated as limited common space as part of a site condominium, the minimum lot area shall be 5,000 square feet for detached single-family units, 7,500 square feet for two-family structures and 3,000 square feet per unit for townhouse structures.
(5)
Maximum use restrictions. No more than ten percent of the total site area, exclusive of existing and intended public street rights-of-way, shall be used for office purposes. No more than 25 percent of the dwelling units on the site shall be multiple-family dwelling units in buildings containing more than four units. No more than 50 percent of the units shall be designed and collectively marketed as rental units.
(6)
Maximum building height. The maximum permitted height of buildings shall be determined according to the following schedule:
If two or more principal uses are contained in one building, the highest permitted height for the uses included from the schedule above shall apply.
(7)
Maximum building and ground coverage.
a.
The maximum building and ground coverage ratios for the entire site, excluding any portion of the site which is used for a golf course or country club, shall be 25 percent and 40 percent, respectively.
b.
For subdivided building lots or limited common areas within a site condominium which are comparable to a subdivided lot, and which are to be developed for a single-family or two-family dwelling unit, the maximum building and ground coverage ratios shall be 45 percent and 60 percent, respectively. For townhouse dwellings with limited common areas surrounding each dwelling unit, the maximum building and ground coverage ratios shall be 50 percent and 60 percent, respectively.
c.
If the amounts of building and ground coverage on subdivided lots or limited common areas are not known nor otherwise stipulated at the time of site plan review, the coverage ratios for the entire site shall be calculated by assuming that each lot and limited common area is developed to the maximum permissible standards.
(8)
General setback requirements. The minimum setback requirements for principal and accessory buildings and parking spaces and parking lots are as follows:
(9)
Setback requirements for interior lots. Buildings and parking spaces on subdivided lots or limited common areas within the development shall meet the standards in subsection (7) of this section. Other setbacks for individual lots may be required to achieve the design standards and principles in section 50-324.
(10)
Minimum distance between buildings. Two detached buildings shall be located no closer to one another than a distance equal to the height of the taller one, except that this distance may be reduced by up to 50 percent if the buildings are designed and located to maintain privacy between neighbors and to minimize noise, shadowing, and other nuisance and appearance impacts on residents. In no case shall two detached buildings be located closer than ten feet apart.
(11)
Minimum horizontal distance between building wings. The angle between two wings of one building shall not be less than 90 degrees. In instances where two wings of the same building face each other, such as in a U-shaped building, the wings must be separated according to the standards in subsection (9) of this section.
(12)
Required parking. Parking facilities shall be provided, constructed and screened in accordance with the requirements of article VIII of this chapter; except that the yard paving restrictions in section 50-816(3) and the parking and driveway setbacks in section 50-816(4) shall not apply.
(13)
Open space and recreation.
a.
A minimum of 40 percent of the total site, exclusive of required perimeter setbacks, shall be open space held for the use and enjoyment of residents of the development. Private yards on subdivided lots or limited common areas surrounding dwelling units, preserved woodlots and wetlands, playgrounds, and the space occupied by freestanding recreational facilities and buildings may be counted as open space.
b.
Where land is to be dedicated as open space within subdivisions or condominium developments, appropriate easements or land dedication documents shall accompany the application for approval.
c.
A playground with a variety of equipment or other improved recreational areas or facilities shall be provided in accordance with the anticipated interests of the expected occupants of the development.
(Ord. No. 949, ch. 55, § 5.41-53, 6-18-2002; Ord. No. 1019, ch. 55, § 5.41-53, 11-19-2002; Ord. No. 1030, § 5.41-53, 4-1-2003; Ord. No. 1087, pt. II, 12-21-2004; Ord. No. 1104, 4-19-2005; Ord. No. 1543, 7-15-2025)
Sec. 50-324. - Design standards and principles.
A clustered development plan shall substantially conform to the following design principles and standards.
(1)
General site layout.
a.
The placement and concentration of uses and structures on the site shall be arranged to minimize congestion on the site and contrasts in the intensity of activities between abutting land uses.
b.
The placement of uses and the bulk and design of structures shall be arranged to minimize contrasts in scale between abutting uses and structures and to: ensure reasonable privacy for residents and neighbors of the development; protect residents and neighbors from noise, shadowing, and other nuisance impacts; maintain adequate visibility for safety along streets and sidewalks; and provide an attractive appearance of the development from abutting properties and public streets.
c.
The development shall be attractively landscaped around the perimeter of the site and within it. Trees of a type and size specified in section 48-32 of the City Code shall be planted no more than 60 feet apart within the right-of-way along all public streets abutting or within the development. A variety of trees and shrubbery shall be planted between buildings, parking areas, or other improved facilities and all exterior boundaries of the development. These requirements may be modified or waived where there are existing trees or shrubbery to be retained.
d.
The development shall be designed and maintained to minimize damage to desirable natural features, including wetlands, floodplains and woodlots.
(2)
Residential uses.
a.
The placement and concentration of residential uses and structures within the site shall be arranged to minimize congestion on the site and contrasts in density.
b.
The placement of residential uses and the bulk and design of structures shall be arranged to minimize contrasts in scale between abutting uses and exposure to nuisance factors, such as noise and glare, and to maximize privacy for residents and neighbors.
c.
Each development shall contain a reasonable mixture of dwelling unit types, sizes or prices to complement and expand the range of existing housing opportunities available in the city.
(3)
Office uses.
a.
The inclusion of office use in a residential development shall be permitted only if the benefits of the office use to residents, neighbors, and the city at large outweigh any potential interference or disruption because of noise, traffic, physical activity, or other attributes of the office use.
b.
The nature, placement, and design of office use on the site shall be arranged to minimize traffic and nuisance impacts on residents and neighbors of the development.
c.
Offices may be located within structures used predominantly for multiple-family residential purposes or in separate structures. If a separate structure is provided for office use, it must be architecturally compatible with other structures on the site and with the overall design of the development.
(4)
Golf course uses.
a.
Principal vehicular access to the facility shall be arranged to minimize adverse impacts on surrounding residential dwellings and pedestrian and bicycle safety.
b.
Buildings and parking areas shall be sufficiently set back and screened to maintain privacy for surrounding residential dwellings.
c.
Structures provided in conjunction with the course must be architecturally compatible with other structures on the site and with the overall design of the development.
d.
Individual golf holes and driving ranges shall be placed and oriented to minimize risks of damage to surrounding residential dwellings.
(5)
Public facilities and services.
a.
The development shall be located and designed so it can be adequately served by essential public utilities and services.
b.
All new and improved public facilities shall be placed and constructed in conformance with local standards and regulations, and in a manner which minimizes the costs and difficulty of operating and maintaining them.
(6)
Open space and amenities.
a.
Open space shall be arranged and improved in a manner which maximizes its benefits to the residents of the development.
b.
Open space shall be arranged in a manner which preserves and draws benefit from desirable natural features on the site.
c.
Passive and active recreational amenities shall be provided on the site consistent with the anticipated needs and interests of prospective residents.
d.
A variety of plant materials shall be preserved and/or placed throughout the site to enhance the appearance of the development and to provide privacy and separation between abutting properties and between functional areas and facilities on the site.
(7)
Traffic and access.
a.
Traffic facilities affording general access to and circulation within the development may be developed as public streets or private roads; however, access must be perpetually available to residents and emergency vehicles.
b.
Access points to major streets shall be designed and limited in number to provide safe access to the development without causing congestion or safety problems along the major street.
c.
In no case shall developments have primary access through abutting residential areas. Secondary access may be permitted through such areas only if the proposed access would benefit both the development and the abutting residential area.
d.
To ensure adequate accessibility for emergency vehicles, developments may be required to provide secondary means of access, including linkages with abutting properties.
e.
The proposed development may be required to build turning lanes or acceleration lanes into an adjacent street to minimize any traffic impacts from the development.
f.
If a shared access street or road is developed to serve two or more developments, or a single development with two or more owners, appropriate dedication or easement documents must be submitted to ensure perpetual access to each development.
(8)
Parking.
a.
Parking lots and spaces exposed to public streets or adjacent residential neighborhoods shall be bermed or screened by walls or other solid materials in addition to the landscaping as required in article VIII of this chapter.
b.
Where parking spaces are placed so that headlights may shine into windows of residential units within ten feet of the spaces, solid screens or landscape materials shall be installed to protect the privacy of residents.
c.
Exterior lighting on the site shall be shielded and arranged to project the light downward onto areas intended to be illuminated and not onto surrounding residential dwellings or adjacent properties.
(Ord. No. 949, ch. 55, § 5.41-54, 6-18-2002; Ord. No. 1019, ch. 55, § 5.41-54, 11-19-2002)
Sec. 50-325. - Site plan approval.
No building permit, grading permit, soil removal permit, or other permit for construction activity shall be issued for any use or building under the provisions of a clustered development plan until the planning and zoning official has certified to the building official that the overall site plan for the entire site has been approved in accordance with the procedures and requirements of section 50-36 of this chapter, and that specific plans for such activity have been approved in accordance with the procedures and requirements of section 50-36 of this chapter or article II, division 3 of this chapter, or chapter 40, pertaining to subdivisions and other land divisions, as may be applicable.
(Ord. No. 949, ch. 55, § 5.41-55, 6-18-2002; Ord. No. 1019, ch. 55, § 5.41-55, 11-19-2002; Ord. No. 1061, 2-7-2006)
Sec. 50-331. - Purpose and objectives.
(a)
These provisions are intended to permit and regulate, and are limited to the planned redevelopment of existing residential development in the R-2 single-family residential and the R-3 single-family and two-family residential districts using innovative neo-traditional neighborhood designs that represent current housing and land use needs while complementing existing traditional developments.
(b)
It is also the purpose of the district to achieve the following objectives:
(1)
To have land developed in a planned and orderly manner, at one time or in phases, in accordance with an overall site plan
(2)
To expand and diversify home ownership opportunities available within the city by providing for a range of different housing types.
(3)
To provide more affordable housing that would appeal to families by encouraging redevelopment of parcels that are obsolete or in need of reinvestment.
(4)
To minimize nuisance impacts by regulating the size and placement of buildings and parking facilities and by requiring buffers consisting of setbacks and landscape screens between uses and along streets.
(5)
To maintain an attractive community appearance and to provide a desirable living environment for residents and pedestrian access for all homes.
(Ord. No. 1156, 1-16-2007)
Sec. 50-332. - Uses permitted.
The following uses of buildings and premises, individually or in combination, shall be permitted in a neo-traditional neighborhood redevelopment plan.
(1)
Permitted principal uses.
a.
Foster family homes, foster family group homes, and family day care homes, subject to the requirements of section 50-150(1).
(2)
Permitted principal uses, subject to site plan approval as provided for in section 50-36 of this chapter:
a.
Class A multiple-family dwellings, containing four or fewer dwelling units within a building.
b.
Public parks or playgrounds.
c.
Single-family dwellings.
d.
Townhouse dwellings, containing four or fewer attached units.
e.
Two-family dwellings.
(3)
Permitted principal uses subject to an approved special use permit as provided for in article II, division 3, of this chapter.
a.
Child care centers, day care centers, and group day care homes, subject to the requirements of section 50-150(2).
b.
Religious institutions.
(4)
Permitted accessory uses, when provided in conjunction with the principal uses to serve individual lots or the entire development:
a.
Accessory dwelling units
b.
Class A home occupations.
c.
Parking spaces, parking lots, garages, carports, and driveways.
d.
Recreational facilities and structures provided for the exclusive use of residents of the development and their guests.
e.
Storage sheds and maintenance buildings.
(Ord. No. 1156, 1-16-2007; Ord. No. 1543, 7-15-2025)
Sec. 50-333. - Required conditions.
A neo-traditional redevelopment plan must comply with the following standards.
(1)
Minimum site area. The redevelopment site plan must have a contiguous area of at least two acres exclusive of any existing public street right-of-way that traverses through the site or lies adjacent to it. Eighty percent of this site must be secured and under control of the applicant at the time of the application submittal. The site shall be developed by a single owner or a group of owners acting jointly in accordance with an approved site plan which encompasses the entire site.
(2)
Maximum residential density. The maximum number of principal dwellings permitted on a redevelopment site shall be determined by dividing the total site area, exclusive of any existing public street right-of-way, by 3,500 square feet.
(3)
Minimum residential lot area. Where part of the site is to be subdivided into separate building lots or to be designated as limited common space as part of a site condominium, the minimum lot area shall be 2,500 square feet.
(4)
Maximum use restrictions. No more than 25 percent of the principal dwellings on the redevelopment plan shall be multiple-family dwelling units.
(5)
Special use. Up to 25 percent of the principal single-family dwelling units may provide an accessory dwelling unit within an accessory building, commonly referred to as a Granny Flat, subject to an approved special use permit as provided by article II, division 3, of this chapter. An owner may rent to no more than two unrelated persons in an accessory dwelling unit.
(6)
Use restriction. All principal dwelling units must be deed restricted to prohibit the use or occupancy in a way that would require a rental housing license pursuant to article 10 of chapter 6 of this Code.
(7)
Maximum building height. The maximum permitted height of buildings shall be determined according to the following schedule:
(8)
Maximum building and ground coverage. Subdivided building lots or limited common areas within a site condominium which are comparable to a subdivided lot and which are to be developed for a single-family or two-family dwelling unit, the maximum building and ground coverage ratios shall be 60 percent and 70 percent respectively. For subdivided building lots or limited common areas which are to be developed for townhouse dwellings or multiple family dwellings, the maximum building and ground coverage ratios shall be 65 percent and 75 percent, respectively.
(9)
Building setback requirements. The minimum building setback requirements are as follows:
(10)
Setback requirements for interior lots. Buildings and parking spaces on subdivided lots or limited common areas within the development shall meet the standards in subsection (8) of this section. Other setbacks for individual lots may be required to achieve the design standards and principles in section 50-334.
(11)
Minimum distance between buildings. In no case shall two detached buildings be located closer than ten feet apart.
(12)
Required parking. Parking facilities shall be provided in rear yards only, constructed, and screened in accordance with the requirements of article VIII of this chapter; except that the yard paving restrictions in section 50-816(3) and the parking and driveway setbacks in section 50-816(4) shall not apply on individual lots or limited common areas within the development. Parking spaces not on a driveway shall be located no closer than 20 feet from any public street. Unenclosed parking spaces and driveways shall be located no closer than eight feet from other exterior site boundaries.
(13)
Redevelopment transition. Existing residential structures and driveways which serve them may be maintained and may continue to be used for residential purposes until redeveloped in later phases. Such structures may be reconstructed to repair damage caused by natural elements or fire notwithstanding restrictions regarding the nonconforming use of buildings set forth in section 50-853. If 100 percent of the redevelopment site is not secured at the time of the application submittal, the applicant must submit a strategy plan to obtain the remaining site as well as a written summary and site plan to develop the site with the secured properties at the time of site plan submittal.
(Ord. No. 1156, 1-16-2007; Ord. No. 1265, 11-1-2011; Ord. No. 1543, 7-15-2025)
Sec. 50-334. - Design standards and principles.
A neo-traditional neighborhood redevelopment plan shall substantially conform to the following design principles and standards.
(1)
General site layout.
a.
The placement and concentration of uses and the bulk and design of structures shall be arranged to minimize contrasts in scale between abutting uses and structures; to ensure reasonable privacy for residents and neighbors of the development; to protect residents and neighbors from noise, shadowing, and other nuisance impacts; to maintain adequate visibility for safety along streets and sidewalks; and to provide an attractive appearance of the development from abutting properties and public streets.
b.
The configuration of buildings should reflect traditional urban neighborhood design patterns. All residential buildings should include porches at the front of the house and garages set behind the house when alleys are available. When no alleys are available the garage shall be setback six feet from the front of the house to maintain an emphasis on the front of the house. Homes should have gabled roofs, at least 18-inch overhang and windows that have a greater vertical than horizontal dimension.
c.
The development shall be attractively landscaped around the perimeter of the redevelopment site. A variety of plant materials shall be preserved and/or placed throughout the site to enhance the appearance of the development and to provide privacy and separation between abutting properties and between different functional areas. Trees of a type and size specified in section 48-32 of the City Code shall be planted no more than 40 feet apart within the right-of-way along all public streets abutting or within the development.
(2)
Public facilities and services.
a.
The development shall be located and designed so it can be adequately served by essential public utilities and services.
b.
All new and improved public facilities shall be placed and constructed in conformance with local standards and regulations, and in a manner which minimizes the costs and difficulty of operating and maintaining them.
(3)
Open space and amenities.
a.
Open space shall be arranged and improved in a manner which maximizes its benefits to the residents of the development.
b.
Open space shall be arranged in a manner which preserves and draws benefit from desirable natural features on the site.
c.
Passive and active recreational amenities shall be accommodated on the site consistent with the anticipated needs and interest of prospective residents. Any redevelopment development plan with more than eight dwelling units shall include a neighborhood park at a rate of 275 square feet per primary dwelling unit with shared play equipment.
d.
Where land is to be dedicated as open space within subdivisions or condominium developments, appropriate easements or land dedications documents shall accompany the application for approval.
(4)
Traffic and access.
a.
Traffic facilities affording general access to and circulation within the development may be developed as public streets or private roads or alleys; however, access must be perpetually available to residents and emergency vehicles.
b.
Access points to public streets shall be designed to provide safe access to the development without causing congestion or safety problems along the street.
(5)
Parking.
a.
Parking and access facilities shall be developed and screened in accordance with in article VIII of this chapter.
b.
Exterior lighting on the site shall be shielded and arranged to project the light downward onto areas intended to be illuminated and not onto surrounding residential dwellings or adjacent properties.
(Ord. No. 1156, 1-16-2007; Ord. No. 1265, 11-1-2011)
Sec. 50-335. - Site plan approval.
No building permit, grading permit, soil removal permit, or other permit for construction activity shall be issued for any use or building under the provisions of a neo-traditional neighborhood redevelopment plan until the planning and zoning official has certified to the building official that the overall site plan for the entire site has been approved in accordance with the procedures and requirements of section 50-36 of this chapter, and that specific plans for such activity have been approved in accordance with the procedures and requirements of section 50-36 of this chapter or article II, division 3 of this chapter, or chapter 40, pertaining to subdivisions and other land divisions, as may be applicable.
(Ord. No. 1156, 1-16-2007)