11.1.1

CUP District Scope and Intent. Regulations in this Section are the CUP District regulations. Article XIX should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The CUP District identifies land areas for a variety of housing types within a planned community setting.

The CUP District is intended to:

A.

Encourage the development of large tracts of land as planned communities.

B.

Encourage flexible and creative concepts in site planning.

C.

Preserve the natural amenities of the land by encouraging scenic and functional open areas.

D.

Provide for an efficient use of land.

E.

Provide a stable residential environment compatible with surrounding residential areas.

F.

Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments.

11.1.2.

Use Regulations. Within the CUP District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited.

A.

Permitted Uses. Structures and land may be used for only the following purposes:

1.

Single-family dwelling

2.

Two-family dwelling

3.

Triplex

4.

Quadruplex

5.

Townhouse

6.

Multi-family Residential

7.

Day Care facility located in a Multi-family or community building, or place of worship

8.

Golf, country club, pool and recreation court

9.

Community facilities

10.

Churches, Temples or Other Places of Worship

B.

Accessory Uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions:

1.

Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed.

2.

Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed.

(Ord. No. 2015-12-42, Exh. A, 1-25-2016)

11.1.3.

Development Plan. The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. Administrative guidelines for preparing site plans are available from the Director of the Community Development Department. A site plan shall become the development plan if the request to rezone is approved without changes or additions. If the approval by the Board differs, in any way, from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the Community Development Department before development related permits may be issued. A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development related permits. The location of all use areas shall be shown on the development plan, and location on the ground shall be as shown on the development plan.

11.1.4.

Development Standards.

A.

Height Regulations: No single-family residential dwellings or accessory structures shall exceed 40 feet in height. The height of all other structures are as approved per the conditions of zoning

B.

Minimum Land Area Per Unit: As specified in conditions

C.

Minimum Lot Area Per Unit: As specified in conditions

D.

Minimum CUP Size: 10 contiguous acres

E.

Maximum Density:

Multi-family: 9.0 units per gross acre.

Single-family: 5.0 units per gross acre.

F.

Minimum Lot Width: None, unless specified in conditions

G.

Minimum CUP Development Frontage: 35 feet

H.

Minimum Lot Frontage: 20 feet adjoining a street

I.

Minimum Heated Floor Area Per Unit: As specified in conditions

J.

Minimum Perimeter Setback—Entire CUP Development: As specified in conditions

K.

Minimum Interior Setbacks—Single-family Lots:

1.

Minimum Front Yard: As specified in conditions

2.

Minimum Side Yard: As specified in conditions

3.

Minimum Rear Yard: As specified in conditions

L.

Minimum Accessory Structure Requirements:

Single-Family and Two-Family Uses: Accessory structures may be located within the side or rear yards subject to perimeter and minimum yard setbacks.

Multi-family Uses: Accessory structures may be located in the rear yard only but shall not be located within a minimum yard.

M.

Minimum Building Separation—More Than One Dwelling Per Lot: All building separations shall be as specified by the Standard Building Code.

N.

Other Minimum Standards:

1.

Setbacks and roof lines shall be varied by at least 2 feet so that no more than 3 adjoining dwelling units within a single building shall have the same front setback or roof line.

2.

Land area proposed for common open space shall be allocated among the use areas in proportion to the ratio of a neighborhood population to the total CUP population so that acreage devoted to open space is reasonably accessible to all residents.

3.

Multi-family uses shall not be located along the perimeter except adjacent to or across a street from an existing multifamily or more intense use.

4.

Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owners' areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the Director of the Community Development Department.

5.

Multi-family units shall not exceed 25 percent of the total number of dwelling units in a CUP.

(Ord. No. 2015-12-42, Exh. A, 1-25-2016; Ord. No. 2019-09-25, 9-23-2019)

11.1.5.

Other Regulations. All other applicable regulations must be satisfied prior to development under this zoning district.

11.2.1.

NUP District Scope and Intent. Regulations set forth in this Section are the NUP District regulations. Article XIX should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The NUP District is intended to provide land areas devoted to low to medium density single-family residential uses of 5 or fewer units per acre consistent with the densities ranges suggested on the Comprehensive Plan Land Use Map. The NUP District is intended to 1) encourage the development of medium sized tracts of land as planned neighborhoods or the development of vacant parcels of land with transitional densities in built-up areas, 2) encourage the preservation of trees and vegetation, and to 3) encourage innovative site planning. Land proposed for a NUP shall comply with the following standards:

A.

Provide a density that is consistent with the plan densities and surrounding properties.

B.

Protect neighboring properties by requiring peripheral setbacks and development standards compatible with adjacent developments as required by the district standards and the conditions of zoning.

11.2.2.

Use Regulations. Within the NUP District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited.

A.

Permitted Uses. Structures and land may be used for only the following purposes:

1.

Single-family dwelling

2.

Recreation facilities associated with single-family development

B.

Accessory Uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation.

11.2.3.

Development Plan. The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for NUP rezoning requests. Administrative guidelines for preparing site plans are available from the Director of the Community Development Department. A site plan shall become the development plan if the request to rezone is approved without changes or additions. If the approval by the Board differs, in any way, from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the Community Development Department before development related permits may be issued. A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development related permits. The location of all use areas shall be shown on the development plan, and location on the ground shall be as shown on the development plan.

11.2.4.

Development Standards.

A.

Height Regulations: No building shall exceed 40 feet in height.

B.

Minimum Lot Area Per Unit: 4,000 square feet

C.

NUP Size:

Minimum 4 contiguous acres

Maximum 12 contiguous acres

D.

Maximum Density: 5 units per gross acre

E.

Minimum Lot Width: None unless specified in conditions

F.

Minimum Development Frontage: 35 feet

G.

Minimum Lot Frontage: 20 feet adjoining a street

H.

Minimum Heated Floor Area Per Unit: 1000 square feet detached

I.

Minimum Perimeter Setback for the Entire NUP Development: When adjacent to single-family zoning/use or AG-1 zoned property, a 40-foot setback shall be provided around the periphery of the development including access drives serving more than one lot, principal and accessory structures and swimming pools. Other yard improvements and access/utility crossings are permitted.

J.

Minimum Interior Setbacks:

1.

Minimum Front Yard: As specified in conditions

2.

Minimum Side Yard: As specified in conditions

3.

Minimum Rear Yard: As specified in conditions

K.

Minimum Interior Building Separations: To place a building along an interior side lot line at between zero and 7 feet shall require an encroachment and maintenance easement allowing a minimum of 7 feet of access to such buildings. A minimum building separation of 14 feet shall be maintained.

L.

Minimum Accessory Structure Requirements: Accessory structures may be located in rear or side yards, but shall not be located within a minimum rear yard except that detached garages may locate along a rear lot line at between zero and 7 feet with an encroachment and maintenance easement allowing a minimum of 7 feet of access to the garage.

(Ord. No. 2015-12-42, Exh. A, 1-25-2016; Ord. No. 2019-09-25, 9-23-2019)

11.2.5.

Other Regulations. All other applicable regulations must be satisfied prior to development under this zoning district.