(a)   The purpose of this chapter is to enumerate the minimum zoning requirements for planned garden-type and elderly apartment developments.

(Ord.80-0-21. Passed 10-14-80.)

   (b)   To achieve the type of development desired under the regulations enumerated in this chapter, approximately four acres in a single parcel should constitute a reasonable minimum size land area for the type of planned district.

   (c)   The rules and specifications set forth in this chapter are designed to provide an open type of residential land use with medium dwelling unit densities. This type of development will constitute a benefit to the existing area and stimulate future development of the community.

   (d)   These regulations are confined solely to rental units and shall not apply to group, apartment or row housing developments in which the individual dwelling units are owned by their occupants.

(Ord.79-0-14. Passed 7-24-79.)

   The following buildings and uses are permitted in the Garden-Type and Elderly Apartment District:

   (a)   Garden-type apartments; and

   (b)   Apartments for the elderly. Apartments for the elderly are Permitted only within the area known as the ARTARP Site, as further indicated on the Zoning Map, and as set forth in Appendix A of this Zoning Code. (Ord.80-0-21. Passed 10-14-80.)

   The following accessory buildings and uses are permitted in the Garden-Type and Elderly Apartment District:

   (a)   Private parking and garage facilities for automobiles accessory to multifamily dwellings; and

   (b)   Private garden and recreational uses, including structures, pools, fences and walls related thereto.

(Ord.79-0-14. Passed 7-24-79; Ord.80-0-21. Passed 10-14-80.)

   Land and buildings shall be used in accordance with the lot area regulations and buildings shall be designed, erected, altered, moved or maintained in accordance with the yard and building height regulations set forth in this section.

   (a)    Main Uses.

      (1)   The minimum total lot area shall be approximately four acres, except in the elderly apartment area where it shall be one acre.

      (2)   The maximum permitted dwelling unit densities shall be as follows:

         Lot Area (Acres)               Dwelling Units Per Net Acre*

         A.    First two            12

         B.    Next three            14

         C.    Next five            16

         D.    Above ten            17

         E.    Elderly apartment area      40

*   "Net acre" excludes all dedicated portions within the area of the apartment project.

      (3)   The width at the front building line shall be at least 125 feet.

      (4)   The front setback from the right of way or the perimeter lot line shall be at least fifty feet.

      (5)   The side and rear yard widths for one-story buildings shall be as follows, adding five feet for each additional story or portion thereof, up to a maximum of three stories:

            Type of Side            Width (Ft.)

         A.   One side (no drive or parking)   25

         B.   One side with drive (two-way)   48

         C.   One side with drive (one-way)   40

         D.    One side with drive (two-way
plus one side ninety-degree parking)               68

         E.    One side with drive (two-way
with ninety-degree parking two sides)            88

      (6)   The maximum building height shall be thirty-five feet, except in the elderly apartment area where it shall be forty feet.

   (b)   Accessory Uses.

      (1)   The minimum distances from the main building and rear property lines shall be as follows:

 

 

      (2)   Play and/or recreation areas, including gardens, shall be at least thirty-five feet from any Residential District line.

      (3)   The maximum height of accessory uses shall be fifteen feet.

(Ord.79-0-14. Passed 7-24-79; Ord.80-0-21. Passed 10-14-80.)

   Apartment structures shall be designed in accordance with the following schedule of yard regulations:

      Building Relationship         *Minimum Yard Dimensions

   (e)   Side wall facing side wall (where    ***One and one-half times
       walls overlap less than fifty per-    the height of taller building
       cent width of building)      (side to side)

      * (1)    The minimum distance between two parallel walls (a) and (b) which overlap fifty percent or more the length of the longest building shall increase to three times the height of the taller building.

      ** (2) The minimum distance front or rear walls facing side walls where walls overlap fifty percent or more shall increase to two times the height of the taller building.

      *** (3) Side wall facing side wall where walls overlap fifty percent or more, the minimum distance between buildings shall be two times the height of the taller building.

   The distance to accessory uses and permitted uses allowed between various faces of apartment buildings is covered in other sections.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   All areas on property not occupied by buildings, drives, walls, etc., shall be seeded in grass or otherwise landscaped.

   (b)   All open parking areas shall be screened from adjoining properties.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Intent. In order to promote and protect the public health, safety, convenience and general public welfare of the community, multifamily dwellings (over two dwelling units) shall be erected, altered, moved, maintained or used in accordance with the regulations set forth in this section.

   (b)   Area.

      (1)   The area of a dwelling unit shall be the sum of the gross floor areas of living space, excluding basements, porches, utility and general storage rooms, common halls, stairways and garages.

      (2)   The minimum area of a dwelling unit within the Garden-Type and Elderly Apartment District shall be not less than the following:

         Type of Apartment       Area (Sq. Ft.)

      A.   Efficiency (no bedroom)   500

      B.   One bedroom         650

      C.   Two bedroom         750

      D.   Three bedroom      850

      E.   Elderly (one bedroom)   565

      F.   Elderly (two bedroom)   845

   Square footage shall be measured from the interior face of exterior walls and partition walls.

(Ord.94-0-18. Passed 2-14-95.)

   (c)   Concentration of Dwelling Unit Types. In the Garden-Type and Elderly Apartment District no apartment structure shall have a total number of dwelling units in excess of twelve dwelling units per apartment structure.

   (a)   Number. There shall be provided open, assigned parking spaces on the project site in the number of one and one-half spaces per dwelling unit, except in the elderly apartment area where the number shall be one-half of a parking space per dwelling unit. Completely enclosed garages may be provided in lieu of parking spaces, but the total number of garages and parking spaces shall be not less than the number required in this subsection.

   (b)   Size.

      (1)   No parking space shall be less than 180 square feet in area (drives, curbs and turning spaces excluded). The minimum width shall be nine feet. Traffic moving areas between parallel parking spaces shall not be less than eighteen feet wide.

      (2)   If garages are provided, open parking spaces shall also be provided in the number of one-half space per dwelling unit.

   (c)   Location.

      (1)   No parking space or garage assigned to a dwelling unit shall be more than 250 feet from a building entrance housing such dwelling unit. No parking spaces shall be located between the public right of way and the exterior wall of a structure.

      (2)   Parking spaces may be permitted between buildings facing rear to rear and/or between buildings facing side to rear or between buildings and rear and side property. lines.

   (d)   Access Drives.

      (1)   Access drives shall be provided to service the parking spaces and permit egress of emergency vehicles. Access drives shall not be less than eighteen feet in width for two-way vehicular movement nor ten feet in width for one-way movement.

      (2)   The access drives and parking spaces shall be paved with a dustless permanent pavement (asphalt or concrete).

      (3)   Storage garages for private automobiles and maintenance of vehicles accessory to the apartment projects shall be wholly enclosed and may be permitted adjacent to the main structures, yet not nearer to the side or rear lot line than ten feet. Accessory parking areas may be permitted in basements of apartment structures, the provisions of Part Sixteen - the Fire Prevention Code permitting.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Open fences, walls and hedges shall be permitted along a side lot line in the front yard, provided that they do not exceed three and one-half feet in height within twenty-five feet of the right-of-way line.

   (b)   In side or rear yard lot lines, any fence and/or wall shall have at least twentyfive percent of vertical surface open to light and air, uniform in design, painted and/or otherwise maintained.

(Ord.79-0-14. Passed 7-24-79.)

   (c)   (EDITOR’S NOTE: Section 1254.09(c) was repealed by Ord. 2008-O-18, passed 10-28-08. See Chapter 1268 for current provisions regulating floodlights and exterior lighting.)

   (d)   Gardens for decorative purposes only shall be permitted.

   (e)   A private swimming pool, as used in this District, is a pool, pond or lake not located within an enclosed building having a depth in excess of two feet at any point and maintained by the owners and managers for the exclusive use of tenants and guests and not operated as the principal use or for specific profit thereof. Such swimming pool shall be located on the same lot as the buildings served. Such swimming pool shall be enclosed within a wall or fence not less than four feet in height to prevent any access to the pool except through a controlled point.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Development plans drawn to a reasonable scale depicting the location of main buildings and all accessory uses shall be submitted to the Planning and Zoning Commission for approval and/or modification as related to the promotion of public health, safety, convenience and general welfare of the City. The plans shall show the relationship of the proposed development to surrounding streets and contiguous properties and structures thereon.

   (b)   The Commission shall not decrease the yard requirements to allow an increase in dwelling unit density above those allowed in this District.

(Ord.79-0-14. Passed 7-24-79.)

   (c)   No permit shall be issued for the erection or alteration of a building in the Garden- Type and Elderly Apartment District unless there has first been filed with the Commission preliminary plans and other data. Such plans and data shall be approved by the Commission if it finds that they provide for an integrated and harmonious design of buildings, appropriate entrances to suites, adequate and properly arranged facilities for internal traffic circulation, provisions for primary access, landscaping and screen planting, public water, sewers, storm water drainage and other facilities, all as may be necessary or appropriate to prevent the discouragement of proper development or use of other properties surrounding or in the vicinity of the Garden-Type and Elderly Apartment District and to preserve and protect the public health, safety, convenience and comfort.

(Ord.80-0-21. Passed 10-14-80.)

   (d)   When the Commission has found that the preliminary plans and other data for the buildings under this section comply with the requirements of this Zoning Code, it shall approve such preliminary plans. Final plans of the project shall also be submitted to and approved by the Commission before construction is started, if it finds that the plans meet the requirements of this Zoning Code. The Zoning Inspector shall issue the required zoning permits upon payment of the standard fees after the final plans are approved by the Commission.

(Ord.79-0-14. Passed 7-24-79.)