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Horizon City City Zoning Code

CHAPTER 5

APARTMENT DISTRICT

§ 501 Zones Established.

501.1 
General Zones
A-1
A-2
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-015 adopted 3/13/07)

§ 502 A-1.

502.1 
Purpose
The purpose of this district is to encourage variety in housing types at moderate population densities together with appropriate community facilities. This district should be applied to areas served by water and sewer and with access to major streets, shopping facilities and centers of employment.
502.2 
Permitted Uses
A. 
Multifamily dwelling, including rental apartments, cooperative apartments, condominiums and apartments for the elderly, and the office of the manager.
B. 
Schools, public elementary or high, and private school accredited by the laws of the state to provide elementary or high school training.
C. 
Church.
D. 
Public park or playground. Public recreation building.
E. 
Community building.
F. 
Nursery or greenhouse, provided no sales office is maintained.
G. 
Boarding or lodging house.
H. 
Philanthropic institution, including museums, art galleries.
I. 
Private club for the use of members only, excepting a club the chief activation [activity] of which is a service customarily carried on as a business.
502.3 
Permitted Accessory Uses
See General Section [section 807]
502.3.1 
General
A. 
Coin-operated vending machine for food, soft drinks and sundries inside a building.
B. 
[Reserved]
C. 
Unenclosed parking space shelters.
502.4 
Uses Permitted by Special Permit
502.4.1 
General. The following uses may be permitted by a specific use permit, if approved by the City Council, with or without conditions, following report by the Planning and Zoning Commission, in accordance with the procedures, guides and standards of this Ordinance.
A. 
Hospital, convalescent, nursing or rest home.
B. 
Public or governmental buildings and uses.
C. 
College or university.
D. 
Major facility for generation of energy, water treatment plant, commercial and public radio and television broadcasting and microwave receiving facility, telephone, microwave, broadcasting and receiving facility, storage yard and public utility and similar uses.
E. 
Residential day care center and home kindergarten/nursery providing that the facility is in accordance with City Ordinance.
F. 
Off-street parking and loading space serving another property which is located partially or totally within two hundred fifty (250) feet thereof, and which is either non-abutting or which is used to provide off-street parking or loading spaces for a zone which is otherwise permitted in the zoning district in which the off-street parking and loading spaces are located. “Abutting” means sharing a common property line at some point which is not located in a street or alley.
G. 
Personal care home providing that the facility cares for no more than seven recipients and that it is in accordance with City Code.
H. 
Wind-driven electrical generators or wind-driven pumps complying with the provisions of City Code.
502.5 
Uses Permitted as Special Exceptions
502.5.1 
General. The following uses may be permitted as special exceptions if approved by the Zoning Board of Adjustment, subject to appropriate conditions or safeguards, in accordance with the procedures, guides and standards of this ordinance.
A. 
Special use exceptions as follows:
1. 
Group day care home provided that the facility is in accordance with City Ordinance.
502.6 
Bulk Standards
502.6.1 
General. All buildings: Maximum height of thirty-five (35) feet, not to exceed two and one-half stories, except that three-story buildings with heights of up to forty-five (45) feet may be permitted, provided such buildings are not closer than one hundred (100) feet from a property zoned for single-family residential use, and subject to the site plan review process as described in Section 502.6 [502.8].
502.6.2 
Lot Standards
 
Minimum Area
(square feet)
Minimum Average Lot Width
(feet)
Minimum Lot Depth
(feet)
Apartments
2,178 per unit with minimum lot size of 20,000
120
120
Other Permitted Uses
9,000
150
200
502.6.3 
Setback Requirements (Minimum in feet)
 
Front Yard
Side Yard
Side Yard Abutting A Side Street
Back Yard
All Permitted Uses
20
10
15
25
502.6.4 
Reserved
502.6.5 
Additional Requirements
502.6.5.1 
Central washroom/dryer facilities, unless all individual residential units have washer and dryer connections.
502.6.5.2 
Parking facilities - no less than two parking spaces per apartment unit. All other permitted uses shall comply with the parking requirements in Chapter 8 - General Provisions.
502.6.5.3 
Separate storage unit per apartment.
502.7 
Site Development Plan Required
Any developer proposing a multifamily development shall cause to be prepared a site development plan, at a scale of not less than one inch represent[s] 50 feet, with the following elements:
502.7.1 
Proposed building layout, traffic circulation, parking, trash receptacle placement, common recreation elements, and a landscaping plan.
502.7.2 
Proposed building elevations noting the number of stories and building heights.
502.7.3 
Lighting concept plan with particular attention to lighting at the periphery of the multifamily parcel if abutting property zoned for single-family residential use.
502.8 
Site Development Plan Approval Procedures
Site development plans shall be subject to the review and approval of the Planning and Zoning Commission at a Public Hearing. Adjacent property owners shall be notified in the same manner as is required for a change of zoning. Concurrent hearings on changes of zoning and site plan approval are encouraged. Increased density of multifamily developments shall be deemed appropriate when vehicular access is restricted to collector or arterial streets, and when the development is separated from adjacent properties zoned for single-family residential use by a landscape buffer, change in topography, or other similar features. Buildings in excess of two and one-half stories or greater than thirty-five (35) feet shall be deemed appropriate when positioned adjacent to non-residentially zoned properties or within the interior of a development.
Commission approval shall be conditioned on the principle that any increase in density or increase in the number of stories or building height does not impact the public health, safety and welfare of nearby lower-density residential uses. The burden shall be on the applicant to demonstrate adherence with this principle. All subsequent development and construction shall be in accordance with the Site Development Plan as approved, except that minor variations may be approved administratively by the Director of Public Works when such deviations from an approved Site Development Plan do not increase the density or alter the points of vehicular access or reduce the amount of landscaping provided between the multifamily development and adjoining properties zoned for single-family residential development
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-015 adopted 3/13/07; Ordinance 0102-032 adopted 2/24/15)

§ 503 A-2.

503.1 
Purpose
The purpose of this district is to provide for a medium population density or development. This district shall be appropriately located in areas served by central water and sewer and with access to major streets, shopping facility, and employment centers.
503.2 
Permitted Uses
A. 
Single-family attached dwellings including townhouses, patio homes and atrium houses.
B. 
Church
C. 
Public park or playground. Public recreational building.
D. 
Community Building.
E. 
Private club for use of members only, excepting a club the chief activity of which is a service customarily carried on as a business.
F. 
Community recreational facilities, open or enclosed, such as swimming pools, tennis courts, other playing surfaces, picnic areas, or other recreational areas, including necessary accessory facilities, such as bathhouses, sun or rain shelters, storage buildings, and parking areas, for the exclusive uses of members of and to be operated and managed by a nonprofit neighborhood group.
503.3 
Permitted Accessory Uses
See General Section [section 807]
A. 
Unenclosed parking space shelters conforming with City Ordinance.
503.4 
Bulk Regulations
503.4.1 
Height Standards
All Permitted Uses
Maximum 28 feet
Not to exceed 2 stories
503.4.2 
Lot Standards
 
Minimum Area
(Sq. Ft.)
Minimum Average Lot Width
(Feet)
Minimum Lot Depth
(Feet)
Detached and Attached Single-Family Dwellings
5,445 per unit
120
120
Other Permitted Uses
9,000
150
200
503.4.3 
Setback Requirements
(Minimum in Feet)
 
Front Yard
Side Yard
Side Yard Abutting A Side Street
Back Yard
All Permitted Uses or as otherwise permitted in Chapter 8 - General Provisions
20
10
15
25
503.5 
Fire Safety Standards
A. 
There shall be not more than fifteen (15) units per building. Emergency vehicle access shall be provided between each two buildings, as well as front and rear of each building.
B. 
A double firewall extending six (6) inches above the roof line shall be built between each two abutting units.
503.6 
Parking Requirements
At a minimum, two spaces per dwelling unit shall be provided. All other permitted uses shall comply with the parking requirements in Chapter 8 - General Provisions.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-032 adopted 2/24/15)