(A)   Restrictions. The construction of any multiple-family dwelling, including apartments and 2-family dwellings in the city shall be permitted only as a part of a planned unit development and/or cluster development notwithstanding the provisions of this code to the contrary. The provisions of this section hereof shall be in addition to and not in replacement of the requirements pertaining to planned unit or cluster developments.

(Prior Code, Ch. 300 § 736.01)

   (B)   Compliance. In recommending the granting of a conditional use permit for structures containing 3 or more dwelling units, the Planning Commission shall find the proposed development plan is in substantial compliance with the approved apartment standards and city housing policies on file with the Zoning Administrator. In no event shall any building housing 3 or more families in a residential district have less than 10,000 square feet of lot area.

(Prior Code, Ch. 300 § 736.02)

   (C)   Conditional use permit, application. A conditional use permit shall be required for the construction of any multiple-family dwellings, including apartments, 2-family dwellings or townhomes, prior to the issuance of a building permit. The purpose of the conditional use permit shall be to assure that the site and building plans as well as the impact on the neighborhood are fully consistent with the intent and purpose of the zoning regulations and the Comprehensive Plan for the area. All requests for conditional use permit shall be accompanied by a series of site plans and data showing:

      (1)   Building locations, dimensions, and elevations; all signs, structures, entry areas, storage sites, and other structural improvements to the site;

      (2)   Circulation plans for both pedestrian and vehicular traffic;

      (3)   Fences and screening devices;

      (4)   Solid waste disposal provisions and facilities;

      (5)   Storm drainage plans;

      (6)   Firefighting and other public safety facilities and provisions such as hydrant locations and fire lanes;

      (7)   Data pertaining to numbers of dwelling units, sizes, lot area, ratios, and the like;

      (8)   Exterior wall materials and design information;

      (9)   A 2-foot contour topographic map of the existing site;

      (10)   A grading plan illustrating the proposed grade changes from the original topographic map. All site areas, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large-scale erosion, unwanted ponding, and surface chemical runoff;

      (11)   A recreation plan illustrating in detail all recreational facilities and structures;

      (12)   A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all seeded and sodded areas. The detailed landscape plan shall be prepared by a state registered, professional landscape architect; and

      (13)   A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction. This shall, at a minimum, include all slopes in excess of 18%.

(Prior Code, Ch. 300 § 736.03)

   (D)   Review. The required plans shall be reviewed by the Planning Commission and the City Council. The conditional use permit shall not be issued until site plan approval is obtained from the City Council after the required public hearing. The site plans, when approved, shall be made part of the conditional use permit and noncompliance with the site plans may be deemed by the City Council as grounds for the revocation of the conditional use permit.

(Prior Code, Ch. 300 § 736.04)

   (E)   Bond. The City Council shall require the developer to post a full performance bond guaranteeing that street, utility, storm drainage, landscaping and other individually specified improvements to the building site are completed as proposed on plans approved by the City Council.

(Prior Code, Ch. 300 § 736.05)

   (F)   Deposit. The City Council, at its discretion, may require that the developer deposit in the City Park Fund, a sum per dwelling unit as set forth in § 33.01 to aid in the provision of increased recreational facilities, which are necessitated by growth in the city's population from the development. These monies shall be earmarked for capital improvements.

(Prior Code, Ch. 300 § 736.06)

   (G)   Lot dimensions.

      (1)   Lot area per dwelling unit with sewer shall be as per § 159.041.

      (2)   In areas not served with public sewer and water, an engineering study shall be required to determine the population density that an on-site sewage system would support. This should be related to the density of the proposed development.

      (3)   Minimum lot width of 100 feet (with central sewer).

      (4)   Front yard (setback) - 30 feet on a minor street and 50 feet on a major street.

      (5)   Side yard (setback).

         (a)   Adjacent to another lot - 15 feet or 3/4 the height of the building, whichever is greater.

         (b)   Adjacent to a street - 30 feet.

      (6)   Rear yard (setback) - 30 feet.

      (7)   If a site abuts more than 1 street or planned future street, each street shall be treated as a frontage.

(Prior Code, Ch. 300 § 736.07)

   (H)   Parking requirements.

      (1)   Two parking spaces per unit shall be provided on the same site as the dwelling unit. Each space shall not be less than 9 feet wide and 20 feet in length, or as approved by the Zoning Administrator, and each space shall be served adequately with access drives.

      (2)   A minimum of 50% of the parking spaces shall be in garages.

      (3)   Parking spaces shall not be within 20 feet of the side lot line, within the front yard or within 5 feet of the rear lot line.

      (4)   Bituminous or concrete driveways and parking areas with concrete or asphalt curbing shall be required.

(Prior Code, Ch. 300 § 736.08)

   (I)   Landscape provisions.

      (1)   The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, and the like, so that no portion of the site remains undeveloped.

      (2)   A minimum of 20% of the site shall be landscaped.

(Prior Code, Ch. 300 § 736.09)

   (J)   Screening.

      (1)   Screening to a height of at least 5 feet shall be required where:

         (a)   Any off-street parking area contains more than 6 parking spaces and is within 30 feet of an adjoining residential zone; and

         (b)   Where the driveway to a parking area of more than 6 parking spaces is within 15 feet of an adjoining residential zone.

      (2)   All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than 5 feet high, but shall not extend within 15 feet of any street, driveway or lot line.

      (3)   Sidewalks shall be provided from parking areas, loading zones, and recreation areas to the entrances of the building.

      (4)   Outdoor swimming pools or other intensive recreation shall observe setbacks required for the principal structure.

(Prior Code, Ch. 300 § 736.10)

   (K)   Appearance. All buildings within an apartment development shall be so planned that they have the equivalent of a front appearance on each exterior vertical surface.

(Prior Code, Ch. 300 § 736.11)

   (L)   General building or structural requirements.

      (1)   Requirements for exterior wall surfacing and covering. All multiple-family dwelling buildings shall be designed and constructed to have the equivalent of a front appearance on each exterior surface. All accessory or ancillary buildings, including garages, shall be designed and constructed with the same facing materials as the principal building. Such material shall be used in the same or better proportions as used on the principal building.

      (2)   Restrictions against protruding air conditioners. No multiple-family dwelling shall have an air conditioning unit protruding from any exterior wall, except to the extent required for proper functioning of the air conditioning unit. An appropriate grill shall be provided to cover any such protrusion, which grill shall be designed to appear as an integral part of the exterior wall.

      (3)   Open air drying of clothes. Open air drying of clothes shall not be permitted on the grounds of multiple-family dwellings except when the following conditions are met:

         (a)   The areas for open air drying of clothes are specifically drawn on the original site plans; and

         (b)   A durable and dustless surface and adequate screening is provided for the entire area to be used for the drying of clothes.

      (4)   Play area. Each multiple-family dwelling development containing more than 4 dwelling units shall include a play area, part of which shall be a paved surface.

      (5)   Negative aspects. Any blighting or deteriorating aspects of the multiple-family dwelling development shall be placed upon or absorbed by the site itself, rather than by neighboring residential uses. This provision particularly applies to the location of parking areas.

      (6)   No land undeveloped. The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use, either parking, circulation, recreation, landscaping, screening, building, storage, and the like, so that no portion remains undeveloped.

      (7)   Trash incinerators and garbage. Except with townhouses and multiple-family dwellings of 4 or less units, no exterior incineration and all storage shall be completed enclosed by walls and roof.

      (8)   Street access. If it is intended that individual buildings of a multiple-family dwelling complex be sold separately, provision shall be made so that each such building to be sold abuts upon a public street.

(Prior Code, Ch. 300 § 736.12)

   (A)   The construction of any multiple-family dwelling, including townhouses, in the city shall be permitted only as a part of a planned unit development and/or cluster development approved in accordance with the procedure for planned unit development and/or cluster development notwithstanding other provisions of this code to the contrary. The provisions of this section shall be in addition to and not in replacement of the requirements pertaining to planned unit and cluster developments.

(Prior Code, Ch. 300 § 737.01)

   (B)   Townhouse developments, the placing of common wall residential dwelling units in compact groupings, may be permitted in any residential or multiple-family district following issuance of a conditional use permit. In recommending the granting of a conditional use permit for structures containing 2 or more dwelling units, but only 1 use, the Planning Commission shall find that the proposed development plan is in substantial compliance with the approved townhouse and multiple- family standards of this chapter and the city housing policies on file with the Zoning Administrator. All requests for conditional use permits for townhouse developments shall be accompanied by a series of site plans and data showing:

      (1)   Complete details of the proposed site development, including location of buildings, driveways, parking spaces, dimensions of the parking spaces, dimensions of the lots, lot area, and yard dimensions;

      (2)   Complete recreation plans illustrating all recreational facilities and structures;

      (3)   Complete circulation plans for proposed pedestrian and vehicular traffic;

      (4)   Population and services required (kind and amount);

      (5)   Complete plans for screening and fencing devices;

      (6)   Preliminary architectural plans showing the floor plan and elevations of the proposed buildings;

      (7)   Complete plans and specifications for exterior wall finishes proposed for all principal and accessory structures;

      (8)   Complete data as to dwelling unit sizes and ratios of dwelling units to total lot space;

      (9)   A 2-foot contour topographic map of the existing site;

      (10)   A grading plan illustrating the proposed grade changes from the original topographic map. All site area, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, stormwater, and groundwater in such a manner as to preclude large scale erosion and unwanted ponding and surface chemical runoff;

      (11)   Estimates of solid waste disposal and provisions and facility plans for such disposal;

      (12)   Complete plans and documents of the homeowners' association, which explain:

         (a)   Ownership and membership requirements;

         (b)   Organization of the association;

         (c)   Time at which the developer turns the association over to the homeowners;

         (d)   Approximate monthly or yearly association fee for homeowners; and

         (e)   Specific listing of items owned in common, including such items as roads, recreational facilities, parking, common open space grounds, and utilities.

      (13)   A services and facilities plan shall contain a map or maps setting forth the general location and extent of any and all existing and proposed systems for sewage, domestic water supply and distribution, refuse disposal, drainage, local utilities and rights-of-way, easements, facilities, and appurtenances necessary therefor;

      (14)   Firefighting and other public safety facilities and provisions, such as hydrant locations and fire lanes;

      (15)   A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type, and location of all trees and shrubbery, and the location of all seeded and sodded areas. The detailed landscape plan shall be submitted by a state registered, professional landscape architect;

      (16)   A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction. This shall, at a minimum, include all slopes in excess of 18%;

      (17)   A construction staging plan illustrating the staging phases and order of construction in specific time periods; and

      (18)   A preliminary plat.

(Prior Code, Ch. 300 § 737.02)

   (C)   The required plans shall be reviewed by the Planning Commission and the City Council. The conditional use permit shall not be issued until site plan approval is obtained from the City Council after the required public hearing. The site plans, when approved, shall be made part of the conditional use permit and noncompliance with the site plans may be deemed by the City Council as grounds for the revocation of the conditional use permit.

(Prior Code, Ch. 300 § 737.03)

   (D)   The City Council shall require the developer to post a 125% performance bond guaranteeing that street, utility, storm drainage, landscaping and other individually specified improvements to the building site are completed as proposed on plans approved by the City Council.

(Prior Code, Ch. 300 § 737.04)

   (E)   Following approval of the site plans, building permits may be issued for proposed structures within the approved development permit area, provided that:

      (1)   The project appears to be in substantial conformance with the final approved conditional use permit and with the approved site plans;

      (2)   The necessary bonds have been acquired as provided in this section;

      (3)   The proposed improvement or building construction is in accordance with the approved order of construction as per the construction staging plan or other specific terms of the approved permit as may be in any way involved respecting a staged development;

      (4)   The final plat as is required by the terms of this chapter has been filed with the appropriate governmental recording agency; and

      (5)   The proposed structure meets the requirements of applicable codes.

(Prior Code, Ch. 300 § 737.05)

   (F)   The following standards shall apply although these may be modified and added to under provisions of the conditional use permit:

      (1)   Minimum project area per unit shall be 6,000 square feet;

      (2)   Diversity in housing types and architecture within an overall design plan shall be required;

      (3)   In addition to common open space, each unit shall have an area specifically designed and developed for outdoor living (patio, small yard, large balcony, and the like) for individual family enjoyment as contrasted to apartment living;

      (4)   Each project shall have family or private recreation areas specifically designed to accommodate the needs of the occupants;

      (5)   Air conditioners and other apparatus shall be designed such that they blend in well with the architecture and in no way conflict with outdoor living aspects of the project;

      (6)   Applicable standards for normal multiple-dwelling structures (§ 159.100) such as those relating to noise, fire alarms, storage of trash, and the like shall be applied to townhouse developments;

      (7)   Not less than 25% of the total project area shall be useable open space designed and developed for common use by the occupants of the development for recreational and other common usage participation. Open spaces between structures, including those spaces being used as recreational areas shall be protected by adequate covenants or such other methods as may be specified;

      (8)   The dimensions and construction of roads and parking areas within the development, whether or not public dedication of them is contemplated, shall conform to all applicable city regulations and standards;

      (9)   The height of any dwelling unit shall not exceed 35 feet, nor shall the distance between principal structures be less than 30 feet;

      (10)   Any dwelling unit which contains a study or similar room capable of being converted into a bedroom, shall be considered as having the room as a bedroom;

      (11)   Minimum total floor area requirements shall be the same as for multiple-family structures;

      (12)   All buildings including attached or detached garages shall be set back from the street curb at least 25 feet. No building within a townhouse project shall be closer than 60 feet to any single-family zoning district;

      (13)   Each dwelling unit shall be provided with at least 1-1/2 parking spaces and in addition, 1 fully enclosed parking space;

      (14)   The storage of boats, campers, trailers, disabled cars, or any similar uses shall be permitted in a designated location on the site and shall contain 1/2 parking space per dwelling unit. This storage site shall be fenced, screened, and have lockable gates;

      (15)   Each dwelling shall be occupied by 1 family as defined in the zoning regulations. No dwelling shall be utilized for any purpose other than occupancy by a family, unless specifically authorized by conditions of a conditional use permit;

      (16)   Television antennas are to be centralized for 4 or more attached groupings of dwelling units;

      (17)   A fee in an amount as set forth in § 33.01 per dwelling unit shall be paid into the Park and Recreation Fund as building permits are issued. All or portions of the fee may be refunded following full development of the project, provided it can be demonstrated to the satisfaction of the City Council that all or portions of the recreational needs of the occupants have been met within the project development. Generally recognized standards for neighborhood recreational needs shall be utilized as a guideline to making this decision; and

      (18)   Townhouse projects proposed in zoning districts where public sewer and water are not available or are not installed shall not exceed the allowable net dwelling unit density for single-family residences in the same district.

(Prior Code, Ch. 300 § 737.06)

   (G)   All applicants for a conditional use permit for clustered townhouse developments shall be required to file with the appropriate governmental recording agency a plat of the clustered townhouse development complying with all of the requirements of Chapter 158, except to the extent that the Planning Commission may have given specific permission to the effect that specific portions of the Subdivision Ordinance may be waived. Such required plats shall be filed within 120 days after the date of the action giving final approval.

(Prior Code, Ch. 300 § 737.07)

   (H)   Whenever it does not contradict the provisions of this chapter as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in the application, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be retained as private streets and so reflected upon the final plat made a part of the permit; provided an agreement is entered into between the owner of the private streets and the city assuring that the construction, operation, and maintenance of the streets will be accomplished in accordance with the approved standards (see § 159.159).

(Prior Code, Ch. 300 § 737.08) (Am. Ord. 7555, passed 6-21-2016)

   (A)   Cluster development, the placing of residential dwelling units into compact groupings, may be permitted in any residential or multiple-family district following the completion and approval of a preliminary and final plat for a cluster development. The Planning Commission and City Council shall find that the proposed development plan is in substantial compliance with the applicable standards of this chapter and the city housing policies on file with the Zoning Administrator.

(Prior Code, Ch. 300 § 738.01)

   (B)   A CLUSTER DEVELOPMENT shall be defined in this section as a residential development in which a number of single-family dwelling units are grouped on smaller than usual or minimum lots, leaving some land undivided for common use by all residents of the development.

(Prior Code, Ch. 300 § 738.02)

   (C)   Common land may be preserved as agricultural land, open recreational facilities, or for preservation of natural or scenic resources.

(Prior Code, Ch. 300 § 738.03)

   (D)   Except for minimum setbacks and height limitations for the district in which the development is proposed, altered dimensional standards may be allowed as exceptions to this chapter for cluster development, provided that:

      (1)   In Agricultural (A) and Residential (R-1) Districts of this chapter, the number of dwelling units allowed shall not exceed the total number of dwelling units allowed if the development was based on the minimum lot size requirements for a single-family residential subdivision.

      (2)   In Residential (R-3) and multiple dwelling districts of this chapter, and only where public sewer and water will be installed in the proposed cluster development, the number of dwelling units shall not exceed 50% more than the total number of dwelling units allowed if the development was based on the minimum lot size requirements for single-family residential subdivisions.

      (3)   Open space shall be preserved. At least 40% of the site shall be kept in its natural state or utilized for recreation or agricultural purposes.

      (4)   In areas where public sewer and water are not available, adequate soil area shall be shown on the preliminary plat for 2 individual septic drainfields for each dwelling unit or plans and tests which provide adequate space for 1 central septic drainfield and 1 reserve or back-up area.

      (5)   Complete plans and documents of the homeowners' association are submitted which explain:

         (a)   Ownership and membership requirements;

         (b)   Organization of the association;

         (c)   Time at which the developer turns the association over to the homeowners;

         (d)   Approximate monthly or yearly association fee for homeowners; and

         (e)   Specific listing of items owned in common, including such items as roads, recreation facilities, parking, common open space ground, and utilities.

      (6)   No cluster development lot shall be less than 6,000 square feet in area.

      (7)   Whenever it does not contradict the provisions of this chapter as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in the application, street which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be retained as private streets and so reflected upon the final plat made a part of the permit; provided an agreement is entered into between the owner of the streets and the city assuring that the construction, operation and maintenance of the streets will be accomplished in accordance with approved city standards (see § 159.159).

(Prior Code, Ch. 300 § 738.04)

   (E)   All applicants for residential single-family cluster developments shall be required to file with the appropriate governmental recording agency, a plat of the clustered development complying with all of the requirements of Chapter 158, except to the extent that the Planning Commission may have given specific permission to the effect that specific portions of the Subdivision Ordinance may be waived. Such required plats shall be filed within 120 days after the date of the action giving final approval.

(Prior Code, Ch. 300 § 738.05)

   (A)   A GUEST HOUSE, for the purpose of this section, shall be an accessory building detached from the principal building with temporary accommodations for sleeping, but having no kitchen facility. It is intended for the use of persons visiting the occupants of the principal structure.

(Prior Code, Ch. 300 § 718.01)

   (B)   Guest houses shall be permitted in all residential districts and shall conform to all requirements of this code and other regulations applicable to residential dwellings setback and yard requirements in relation to the principal structure.

(Prior Code, Ch. 300 § 718.02)

   (C)   All guest houses shall have designated off-street parking spaces.

(Prior Code, Ch. 300 § 718.03)

   (D)   A city permit shall be required for a guest house.

(Prior Code, Ch. 300 § 718.04)

   (A)   Purpose. The purpose of this section is to define and regulate home occupations so that such occupations are not likely to cause a nuisance or hazard to the neighborhood. This section is not intended to limit or discourage home occupations except as they are likely to infringe upon the rights of others.

(Prior Code, Ch. 300 § 749.01)

   (B)   Permitted uses.  All types of home occupations are allowed except those not permitted by existing ordinances of the city in residential zones (see § 159.043 for allowed uses).