Fairview City Zoning Code
Division 10
Planned Center Zone PC
§ 14.02.451 Purpose.
(a)
The PC zone is established to provide flexibility in development planning, which in some instances may not conform with land use patterns designated in the zoning map or district regulations prescribed by this article or the subdivision ordinance. A development in a PC zone may include a variety of land uses which creatively complement each other and harmonize with the existing and proposed land uses in the nearby area. Creative development of land use which allows the flexibility to develop a well-planned comprehensive unit is encouraged in a PC zone. Patterns of city growth coinciding with the comprehensive plan may be complemented by a PC development with its variety which conform with the goals of the general plan. The town council is empowered to grant permits for PC developments only after review and recommendation by the planning and zoning commission under procedures established herein.
(b)
The zoning for land zoned planned center zone (PC) shall be that shown on the development and site plan that shall be approved and made a part of the adoptive ordinance and any written special conditions within or attached to the adoptive ordinance or development plan.
(Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.452 Permitted uses.
The following uses are permitted as part of an approved PC development:
(1)
Shopping centers;
(2)
Office parks;
(3)
Civic centers or community centers;
(4)
Average density single-family residential development (AD) (see section 14.02.459 of this article).
(5)
High-density residential areas (HD), including multifamily and single-family residences (see section 14.02.460 of this article).
(6)
Uses permitted in all previous districts, including but not limited to the above. The town council, after review and recommendation by the planning and zoning commission, shall have the sole discretion on which cumulative zoning uses may be included in a PC development presented for approval by a developer; and
(7)
For purposes of this article, land use designation in a PC development shall reflect a specific zone classification in determining allowed uses. At the time this article is approved, other uses may be considered by the planning and zoning commission and the town council if additional uses are shown to be harmonious with other development uses and adjoining land uses.
(Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.453 Prohibited uses.
The following are prohibited uses:
(1)
Any building erected on land used for any other uses than those shown on the PC development plan, as approved by the town council.
(2)
Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions and/or lot width; or exceeds the maximum height, building coverage or density per gross acreage as shown in the development’s recorded development plan, as approved by the town council.
(3)
Any use deemed by the town council as being detrimental to the health, safety or general welfare of the citizens of the town.
(Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.454 Area requirements.
(a)
Area requirements for each use shall satisfy the standards applicable to such uses as if those uses were situated in the least restrictive district in which such uses are permitted, or demonstrate that the intent of the standards has been met in accordance with good planning practices.
(b)
Modification of the area requirements contained in this article:
(1)
The proposed modifications substantially meet the intent of the zoning and subdivision ordinances and the comprehensive plan.
(2)
The proposed modification provides for better project design.
(3)
The combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.
(4)
The development will not generate more traffic than the streets in the vicinity can carry without congestion and the development will not overload municipal services.
(5)
Financial reasons shall not be the sole reason for modification of standards.
(c)
All tracts approved for PC zones shall have a sewage treatment plant or waste disposal system installed and maintained by the owner or agent. Such treatment plant will meet the minimum state requirements. All requirements of the state as to sanitation, water quality preservation and pollution will be met.
(d)
An adequate and safe sewage system shall be provided for conveying sewage to the treatment plant. The sewer system shall be constructed in accordance with applicable local and state health regulations, and the design of the proposed sewage disposal facilities shall be approved by the town prior to construction. Effluent from sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the town and the state commission on environmental quality.
(e)
Wiring, fixtures, equipment and appurtenances of every electrical wiring system shall be installed and maintained in accordance with applicable codes and regulations for such systems. All distribution and service lines of electrical, telephone, television, and other wire-carrier type utilities shall be underground, except that the system of supply lines for multiple subdivision service by utilities may be overhead. Transformers, amplifiers, or similar devices associated with the underground lines shall be located upon the ground or below the ground level. Where the underground installation of such facilities is not a standard practice of the utilities involved, the subdivider or developer shall make all arrangements for payments associated with the nonstandard installation.
(f)
A system for the storage, collection and disposal of refuse will be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.
(g)
Natural gas piping systems shall be installed underground and maintained in accordance with applicable codes and regulations governing such systems. Piped gas shall have a cap on the outlet when not in use to prevent accidental discharge of gas, and shall be in accordance with applicable town codes. Liquefied petroleum gas systems shall not be installed in PC zones.
(h)
An adequate, safe and potable supply of water shall be provided by the owner or agent. Connection shall be made to the town water system. Each PC development shall have one single commercial water meter from the town, regardless of distribution among the business tenants, unless separate meters are deemed necessary by the public works commission.
(i)
All water mains shall be 12 inches or larger to the point of takeoff for any buildings.
(j)
Fire hydrants shall be provided by the owner or agent and shall be located so that no structure or portion of structure will be more than 150 feet from the hydrant measured along streets or driveways.
(k)
All walls separating business entities shall have a minimum fire resistance rating in accordance with the Southern Building Code.
(l)
Each tenant space shall have installed and maintained, by the owner or agent of the planned center, both smoke and heat detection equipment approved by the town fire marshal.
(m)
All streets and parking lots must be paved, as a minimum, according to town specification, or according to any additional specifications as may be set forth by the public works commission and/or the planning and zoning commission in the interest of public safety and convenience.
(n)
Each PC development shall have direct access from a public street.
(o)
All telephone service lines shall be installed underground.
(p)
Each tenant space, whether by original design or by subsequent alteration, division or partitioning, that will be open to the public for sales or service, shall have installed separate toilet facilities for men and women in accordance with the laws of the state.
(q)
In approving the PC zone and preliminary and/or development plan, the town council shall, after recommendations by the planning and zoning commission, specify such land uses, maximum height, floor area ratios, density, minimum off-street parking and loading standards, setbacks, site coverage, building spacing, access, screening walls or landscaping, building area, open space, pedestrian ways, public or private streets, alleys, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to a protection from property adjacent to a PC zone. Such standards shall be specified in the ordinance establishing the zone, and in the preliminary plan and the development plan. The town council shall require that any PC development, prior to presentation to the council, shall be submitted to the planning and zoning commission for their recommendations to the council.
(Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.455 Application requirements.
(a)
An application for a PC zone shall be made to the planning and zoning commission in the same manner that an application for a zoning change is made. An application shall include and be accompanied by a preliminary plan as required in this section. A complete development plan as set forth in this section may be substituted for a preliminary plan, and will constitute both the preliminary and the development plan. An approved development and site plan shall become a part of the adoptive ordinance. The zoning for land zoned planned center zone (PC) shall be that shown on the development and site plan that shall be approved and made a part of the adoptive ordinance and any written special conditions within or attached to the adoptive ordinance of development plan.
(b)
In addition to the requirements outlined in this section, the planning and zoning commission and town council may require additional information or special plans related to specific elements of the PC development. Each applicant must also follow the town site plan review regulations set forth in article 14.03 of this code. Upon receipt of the application and preliminary plan, the town secretary or a designated representative shall follow notification requirements for a public hearing.
(1)
Preliminary plan.
(A)
An applicant may submit a preliminary plan with the application for a PC zone if the applicant is not ready to begin development of part or all of the site. The preliminary plan shall contain all information necessary to ensure that the development complies with all applicable regulations and requirements.
(B)
The preliminary plan shall be prepared on a site topography base map at a scale of 1"–100', or at a scale to be specified by the town staff, with no less than five-foot contour intervals and shall include:
(i)
A metes and bounds description of the entire PC development tract.
(ii)
A drawing locating floodplain areas, water bodies, creeks, drainage areas, and significant natural features such as major tree groupings and important view corridors.
(iii)
Sufficient evidence to establish that the applicants are in fact all the owners or have control of all outstanding interest of the land and structures thereon.
(iv)
A drawing locating all land use areas, showing proposed gross acreage of each use, maximum lot coverage, maximum height, minimum setbacks, residential densities, approximate gross floor area and floor area ratio for all commercial, industrial and office uses.
(v)
Location of all major access points, thoroughfares, and collectors within the development.
(vi)
Identification of all major land use classifications and the approximate acreage within the development as related to current zoning district designations or the specific purpose. The designated usage will not be assumed to establish area requirements as established within the zoning district, but these requirements shall be used as guidelines in the final determination of area requirements.
(vii)
Indication of each phase of development if the proposed PC development is to be implemented in separate phases.
(viii)
Indication by acreage or percentage of total development of all major areas planned for public and private open space, and notification if any part of the development lies in floodplain areas.
(ix)
Land area included with the site and the land area of all abutting sites with the zoning classifications thereon, and dimensions and locations of all public and private rights-of-way and easements bounding and intersecting the site.
(x)
Estimates of traffic volumes and turning movements shall be required.
(xi)
The preliminary plan shall be signed by the applicant’s engineer and planner. A location map shall accompany the concept plan, showing the relationship of the planned development to adjacent properties and the land uses and thoroughfares shown on the comprehensive plan and intended for the area.
(C)
The application by the owner or owners to the planning and zoning commission for approval of the preliminary plan shall be handled in the same manner as any zoning change under the zoning ordinance. The applicant shall submit the appropriate number of copies of the preliminary plan to the town secretary or a designated representative for presentation to the planning and zoning commission (see article 10.02). The planning and zoning commission shall make a recommendation to the town council to either approve or deny the rezoning to PC development, and to either approve, modify, or deny the preliminary plan and conditions. Upon appeal and hearing before the town council, the town council may approve or deny the rezoning request and may approve, deny or modify the preliminary plan.
(D)
(i)
If the applicant has not submitted a revised plan, a development plan or construction plan, or a plat, within a two-year period immediately following approval of a preliminary plan by the town council, then the preliminary plan shall be deemed to have expired at the end of said two-year period and the applicant shall thereafter be required to resubmit the preliminary plan, a revision thereto, or a new preliminary plan for review and approval by the planning and zoning commission and the town council before any development project may proceed.
(ii)
If an applicant desires to request an extension beyond the two-year expiration period, then said applicant shall submit - before the expiration of the two-year expiration period - a written request justifying each reason for that extension to the town staff, which shall make its recommendation based on the merits of said request. Said extension request shall require a public hearing before the planning and zoning commission and town council. An extension shall not exceed one year from the expiration date of the original preliminary plan. An extension request may be approved or denied by the town council.
(iii)
The two-year expiration period shall be instituted upon adoption by the town council of this ordinance amendment. All preliminary plans that are existing and were previously approved prior to the adoption of this amendment shall maintain the three-year expiration period, and those preliminary plans that are existing and were previously approved when the expiration period was twelve years or five years, shall maintain the twelve-year or five-year expiration period.
(2)
Development plan.
(A)
An applicant must submit a final development plan which shall be recorded and kept on file by the town. The development plan must conform to the approved preliminary plan, either for the total PC zone, or for each phase. The planning and zoning commission shall then review the final development plan, making its recommendations to the town council, for the town council’s final public hearing.
(B)
The appropriate number of copies of the development plan shall be submitted to the town secretary in such a manner as prescribed procedurally in article 10.02.
(C)
Major changes in the development plan shall be considered the same as amendments to the zoning ordinance and preliminary plan approval and shall be processed as required. The following changes are not considered major changes:
(i)
Changes that do not alter the basic relationship of the proposed development to adjacent property;
(ii)
Changes that retain the character of the development;
(iii)
Changes that do not significantly alter the uses permitted, or increase the density, setbacks, height, or coverage of the site; and
(iv)
Changes that do not increase the problems of traffic circulation, safety, or utility requirements.
(D)
Changes that meet these criteria may be approved by the planning and zoning commission and the town council without a formal public hearing.
(E)
If the development plan deviates from the approved preliminary plan, the planning and zoning commission and town council shall reject and disapprove such a plan and conditions and require a new application, filing fee, and advertised public hearing.
(F)
The development plan, in addition to the items included in the preliminary plan, shall include or show:
(i)
The development plan of the entire PC development or the proposed phase at a scale of 1"–100', or as specified by town staff and showing the proposed finished grade of the area at two-foot intervals.
(ii)
In addition to data and drawings prescribed, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.
(iii)
A description of the proposed lot or lots and the boundaries thereof, and proposed setbacks on the lots.
(iv)
With the exception of single-family dwellings, the location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area, and the location of entrances and loading points thereof. If a particular type structure is to be built a number of times, a typical lot layout may be required.
(v)
All public rights-of-way, curb cuts, driving lanes, parking areas, loading areas, public transportation areas, and illumination facilities for the same, including existing facilities to be relocated. Design criteria for illumination facilities may be required.
(vi)
All pedestrian walks, malls, and open areas for use by tenants or visitors.
(vii)
All reservations for public uses, including parks, playgrounds, schools and other open spaces.
(viii)
The location and height of each wall, fence and screen planting used as a buffer between uses and from adjacent property owners.
(ix)
All landscaped areas, including any reserved open space to be retained. Detailed landscaping plans may be required.
(x)
The location, size, height, and orientation of each sign. Please refer to the sign regulations as outlined in article 3.13.
(xi)
Facilities for waste disposal on other than single-family uses.
(xii)
Proposed street names for all public and private roads.
(xiii)
Elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. This subsection does not apply to single-family, duplex, and townhouse lots.
(xiv)
Any or all of the required features may be incorporated on a single drawing if such drawing is clear and suitable for evaluation by the town staff and town officials.
(xv)
A legal instrument establishing a plan for permanent care and maintenance of any common areas or communally owned facility must be submitted before the development plan will be approved. All such instruments shall be submitted before the development plan will be approved. All such instruments shall be approved by the town attorney as to legal form, and the planning and zoning commission and the town council as to suitability for the proposed use of the common area.
(xvi)
The title page of each application and set of plans shall be signed by the applicant’s architect, planner, landscape architect, engineer and/or land surveyor if these services are required. In addition to an engineer and a planner, the applicant’s submittal may be required to contain the professional services of at least two of the remaining three professionals involved in the design and construction of the environment.
(G)
Phase developments.
The preliminary plan shall be divided into sections of proposed development so that in any section of an approved final development plan there will be definitely established lines showing the resulting boundaries of the reduced PC zone.
(H)
Effects of recording.
All final development plans approved hereunder shall be binding upon the applicant, their successors and assignees, shall limit and control the issuance and validity of all permits, and shall restrict and limit construction, locations, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans.
(I)
Issuance of permit.
(i)
Upon, but not before, the approval of the development plan as herein set forth, and completion of platting requirements as set forth in the subdivision ordinance, the applicant(s) for said plan shall be entitled to apply for such permits and certificates as are necessary to proceed with the accomplishment of such plan.
(ii)
Upon approval of the preliminary plan and rezoning of the land parcel to PC zoning, and upon the approval of the development plan, the applicant shall proceed with the accomplishment of said development plan in accordance with other ordinances of the town.
(J)
Compliance with development and site plan.
The building official shall ensure compliance with this article, the preliminary plan and the development/site plan. The building official or a designated representative shall:
(i)
Make inspections to determine compliance with the provisions of this article and the preliminary plan and development plan, and initiate appropriate action if necessary.
(ii)
Investigate thoroughly any complaints of noncompliance concerning the development plan and keep a record of all complaints indicating any action taken.
(iii)
Upon determination of noncompliance with the development plan, the town secretary or a designated representative shall give written notice to the property owner of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than 30 days after the date of notification, within which to comply; and notify the planning and zoning commission of noncompliance if the violations have not been corrected with the prescribed time period.
(Ordinance 2013-7-2D, sec. 1, adopted 7/2/13; Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.456 Coordination with subdivision regulations.
§ 14.02.457 Continuation of existing planned center districts.
All PC districts approved prior to adoption are brought forward and shall remain in full force and effect in accordance with the district’s adoptive ordinance and shall be referenced on the zoning district map by date and ordinance number.
(Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.458 Height restrictions.
(a)
In general, all buildings in a PC zone should be no taller than 35 feet. However, in order to accommodate the flexibility of a PC zone, it is recognized that some land uses (such as office towers) will require heights in excess of this restriction. Allowances for height variances will be made, while attempting to maintain the integrity of existing and planned residential areas.
(b)
In an approved PC zone, adequate space setback must be maintained between buildings in excess of the maximum height (35 feet) near residential areas. A formal variance from the height restrictions will be required; however, the following guidelines are to be followed when exceeding the maximum height:
Floor Area Ratio (FAR) | |||
|---|---|---|---|
Max. Height | FH, AG, RE-1, RE-2 | Required Setback GB, PC, MH | Adjacent To |
70–104 ft. | 1:1 | 200 ft. | 100 ft. |
105–135 ft. | 1:1 | 300 ft. | 150 ft. |
A special variance shall be required for all structures in excess of either 175 feet or a floor area ratio of 0.5:1, whichever is more restrictive. All parking garages shall not exceed 35 feet in height. |
(Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.459 Average density single-family residential development.
(a)
Purpose.
The average density single-family residential development procedures and requirements are designed to allow for development of single-family homes that may have lot sizes smaller than what would otherwise be required under the applicable underlying zoning district (“base zoning district”); provided, however, that the town council finds that the proposed lot sizes and development configuration as a whole would significantly enhance what would otherwise result from application of the base zoning district.
(b)
Specific requirements.
(1)
An average density (AD) development shall not be approved “by right,” and any approval is subject to the requirements set forth in this section and other conditions that may be placed upon any given AD development. An applicant shall proceed through the zoning public hearing process, and shall only be granted AD development approval after review and recommendation by the town staff and planning and zoning commission, and review and approval by the Fairview town council. Approval of an AD development shall be by ordinance, and shall result in a new zoning district classification for the subject property.
(2)
While an AD development can have varied lot sizes, the overall number of lots proposed for the subject property may not exceed the maximum number of lots allowed under the base zoning district. The following methodology for determining the maximum number of lots in an AD development shall apply:
(A)
In determining maximum number of lots for an AD development, the gross acreage of the subject property, less 20% of the gross acreage, as estimated for the provision of right-of-way, shall be used to determine the net developable area and the maximum number of lots on the subject property given its base zoning district.
(B)
Alternatively, if an applicant believes that the methodology described in subsection (2)(A) above would not accurately determine the developable area and maximum number of lots on the subject property, an applicant may opt to submit a preliminary plan for the subject property that fully conforms to the subdivision regulations and the existing base zoning district (or projected density under the future land use plan if the base zoning district is AG) for the property. If upon staff review, the preliminary plan does in fact fully conform to all applicable town ordinances and regulations, then the number of lots provided for in that preliminary plan shall be deemed to be the maximum number of lots permitted for that particular AD development.
(3)
The AD development process shall only be considered for properties with base zoning of AG, RE-1.5, RE-2, and/or RE-3. For lots that are zoned AG, the projected residential density shall he based on the recommendations of the future land use plan.
(4)
No lot in any AD development shall be less than:
(5)
In AD developments, lot coverage, building setbacks and minimum lot widths shall conform to the requirements provided for in the RE-1 zoning district.
(6)
A preapplication meeting with the town’s planning department staff shall be mandatory as part of the AD development process.
(c)
Average density development amenities.
(1)
As a condition of AD development approval, the following types of amenities (as well as others that may be required by the town) must be shown in the applicant’s plan, which must also include a schedule for installing/constructing/establishing/ maintaining such amenities:
(A)
Additional open space and/or open space accessible to the public and/or additional active or passive recreational facilities.
(B)
Enhanced landscaping requirements.
(C)
Additional linkages/components to a community trail system (hike, bike, pedestrian, equestrian).
(D)
Additional preservation and/or enhancement of Fairview’s historic, social and/or cultural amenities.
(E)
Art.
(F)
Plazas.
(G)
Children’s play area(s)/playgrounds.
(H)
Enhanced preservation of natural areas and/or environmentally sensitive areas.
(I)
Picnic facilities and shelters.
(J)
Existing scenic views or vistas being required to remain unobstructed, especially from public streets.
(K)
Other public benefits and/or amenities.
(2)
In certain circumstances, AD development applicants may request the establishment of amenities that are larger and/or require more acreage than typical AD development amenities. Under such circumstances, the minimum AD lot size otherwise set forth in this section may be considered for further reduction, based on review and recommendation of town staff and the planning and zoning commission with final approval of the town council. However, under no circumstances shall the number of lots exceed the maximum number established under this section.
(Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.460 High-density residential (HD).
(a)
Purpose.
High-density residential (HD) is designed to allow for development of residential facilities consisting of single-family homes, condominiums, townhouses and apartments within the PC zone.
(b)
General provisions.
General provisions and permitted accessory uses are separated into two categories: development of multifamily areas such as duplexes and apartment buildings, and development of areas exclusively for single-family homes. Multifamily units and single-family units will not be intermixed as a single development. Minimum acreage for high-density subdivision will be 12 acres. Minimum lot sizes will be dependent on structure and development type, as specified below.
(1)
Multifamily development.
(A)
All multifamily buildings shall be 80% masonry-faced except for gables and roofs.
(B)
All buildings will be limited to 35 feet in height.
(C)
Each development of multifamily structures will have direct access from a public street or road. Internal streets shall be dedicated to the public as emergency access easements to allow for rapid and safe movement of vehicles used for purposes of providing emergency health or public safety service. Each emergency access easement shall have a clear, unobstructed width in compliance with town ordinances on street and road design, shall connect at each end to a public street, or shall have a turnaround of 80 feet in diameter; corners of intersecting streets shall have sufficient turning area to permit free movement of emergency vehicles. Designated walkways will be paved and provided on both sides of such roadways or streets. All streets will be named, with approval of names, by the planning and zoning commission. Street signs will be installed at each intersection and will be of standard size and placement to facilitate location by emergency vehicles.
(D)
A minimum of two paved off-street parking spaces shall be provided for each living unit.
(E)
Standard town fire hydrants will be provided by the developer, located within 300 feet of every multifamily structure, measured along driveways or streets.
(F)
Wiring, fixtures, equipment and appurtenances of every electrical wiring system shall be installed and maintained in accordance with applicable codes and regulations for such systems. All distribution and service lines of electrical, telephone, television, and other wire-carrier type utilities shall be underground, except that the system of supply lines for multiple subdivision service by utilities may be overhead. Transformers, amplifiers, or similar devices associated with the underground lines shall be located upon the ground or below the ground level. Where the underground installation of such facilities is not a standard practice of the utilities involved, the subdivider or developer shall make all arrangements for payments associated with the nonstandard installation.
(G)
An approved sewage treatment plant shall be installed and maintained by the owner or agent and shall meet the minimum state requirements. No septic tanks will be permitted except for a duplex home where a separate septic system must be provided for each family unit and where each duplex structure will be placed on a minimum of two acres. An adequate and safe system shall be provided for conveying sewage to the treatment plant. This sewage system will be constructed in the accordance with applicable local and state health regulations, and the design of the proposed system shall be approved by the town prior to construction. Effluent from sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the town and the appropriate state regulatory agency.
(H)
Duplex structures excepted, all other multifamily units shall have a system for the storage, collection and disposal of refuse which will be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. Garbage chutes, internal or external, shall be prohibited.
(I)
The minimum floor area per apartment living unit shall be 600 square feet. The minimum allowable density shall be 300 square feet per adult and 150 square feet per child in any living unit. Children under three years of age will be excluded from this density ratio.
(J)
Maximum size of each main structure shall not exceed 7,000 square feet in total ground floor area.
(K)
All walls separating living units shall have a minimum fire resistance rating in accordance with the Southern Building Code.
(L)
Minimum lot area for each multifamily structure, excluding duplexes with septic systems, shall be one acre. Minimum lot dimensions shall be a width of 120 feet and a depth of 150 feet. Minimum yard, floor areas, and ground coverage are as follows:
(M)
Duplexes providing two living units and two separate septic systems will have a minimum lot area of two acres. Other area regulations specified in subsection (L) above will apply to duplexes.
(N)
All family units shall have both smoke and heat detection equipment installed in each living unit. Such equipment shall be approved by the town fire marshal.
(O)
Recreational and open space areas are a necessity in high-density development areas. Such sites are of mutual benefit to the developer and to the public. Therefore, the subdivider shall include his preliminary and final plat plans for such recreational and open space areas. Where these sites are for the exclusive benefit of the subdivision, they shall be dedicated as a part of the final plat. Where such sites serve a larger area or need, the areas will be dedicated to the town, under the condition that the town approves acceptance of the site. No final plat shall be approved for high-density development without such open space areas (see section 10.02.251 et seq.).
(2)
Single-family development.
(A)
All buildings will be limited to two stories or 35 feet in height, whichever is less.
(B)
Each single-family development in a high-density area will have direct access from a public street or road. Streets internal to the development shall be dedicated to the public as emergency access easements to allow for the rapid and safe movement of vehicles used for purposes of providing emergency health or public safety services. Each emergency access easement shall have a clear, unobstructed width in compliance with town ordinances on street and road design, shall connect at each end to a public street, or shall have a turnaround of 80 feet in diameter; corners of intersecting streets shall have sufficient turning area to permit free movement of emergency vehicles. Designated paved walkways will be provided on both sides of such roadways or streets. All streets will be named with approval of the planning and zoning commission. Street signs will be installed at each intersection and will be of standard size and placement to facilitate location by emergency vehicles.
(C)
The minimum floor area in each unit shall be 1,250 square feet, exclusive of breezeways, garages, porches, and servants’ quarters.
(D)
Buildings shall be 80% masonry-constructed or 80% masonry-faced, except for gables and roofs.
(E)
Area specifications:
(i)
Front yard: Minimum depth of 30 feet. Open porches, fireplaces, and other architectural appendages may project into the required front yard for a distance not to exceed five feet from the main structure, if the main structure is at the minimum depth allowable. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets.
(ii)
Side yard: Minimum width of 20 feet, with roof eaves or cornices extending no more than two feet into the side yard. Swimming pool equipment, compressors, pumps, air-conditioning units, or other units that may create undesirable noise to the adjacent property owner, may not be located in the required side yard.
(iii)
Rear yard: Minimum depth of 25 feet from lot boundary to the main structure.
(iv)
Minimum area of building lot: 12,000 square feet.
(v)
Minimum width of building lot: 90 feet.
(vi)
Depth of lot: A minimum of 125 feet. Lots located on a cul-de-sac may be less than 125 feet in depth provided that one side of the lot is at least 125 feet in depth and that the lot meets width and area requirements.
(F)
Two standard, paved, off-street parking spaces shall be provided with each living unit.
(G)
Lot coverage of all buildings shall not exceed 30% of the area of the lot.
(H)
An approved sewage treatment plant shall be installed and maintained by the owner or agent and shall meet the minimum state requirements. No septic tanks will be permitted. An adequate and safe system shall be provided for conveying sewage from each living unit to the treatment plant. This sewage system will be constructed in accordance with applicable state and local health regulations, and the design of the proposed system shall be approved by the town, prior to construction. Effluent from the sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the town and the state commission on environmental quality.
(Ordinance 2013-3-5B adopted 3/5/13)
§ 14.02.461 Specific zone requirements.
(a)
The keeping of cats, dogs, or other household pets shall be permitted but limited to two animals per dwelling unit.
(c)
Home occupations shall be allowed as described for RE-1 and RE-2 districts and as per this article.
(d)
Special uses may be allowed in this zone subject to the conditional use regulations in this article.
(e)
There shall be a ten (10) foot setback from the property line for swimming pools and any construction and/or use(s) related to swimming pools for the lots within the Cypress Crossing Subdivision area that is zoned planned center zone (PC). Further shown on exhibit A, attached to Ordinance 2009-3-3D.
(Ordinance 2013-3-5B adopted 3/5/13)