Minnesott Beach City Zoning Code
ZONING DISTRICTS
§ 151.160 GENERAL REQUIREMENTS.
Single-family, two-family and multi-family dwellings in Zoning Districts R-20 Residential, R-15 Single-Family Dwelling District, R-M Multi-Family Dwelling District, C Commercial, C-M Commercial Marina and IP Institutional and Public that allow single-family, two-family and multi-family dwellings shall comply with the following requirements.
(A) The pitch of the roof must have a minimum vertical rise of five feet for every 12 feet of horizontal run (5:12) and the roof finished with a type of roofing material that is commonly used in standard residential construction.
(B) All roof structures shall provide an eave projection of no less than ten inches, which may not include gutter, unless the roof pitch is eight to 12 (8:12) or greater.
(C) The exterior walls must be at least eight feet in height measured from the floor to the top plate.
(D) A minimum front stoop of three feet by five feet, excluding the steps, is required.
(E) New construction of single-family dwellings shall contain a minimum of two bedrooms as defined in § 151.037.
§ 151.161 SUBMISSION OF PLANS.
Prior to issuance of a permit, the owner or his or her representative must provide the Zoning Administrator with one original set of “as-built” plans for all dwellings built on-site or off-site as well as requirements specified in § 151.094.
(Ord. passed 2-10-2009, § 7.2)
§ 151.162 R-20 RESIDENTIAL.
(A) Purpose. The purpose of this district shall be to maintain a minimum lot size of 20,000 square feet and to allow for other uses permitted as special uses permitted which would not interfere or be detrimental to the quiet residential nature of the areas included within the district.
(B) Permitted uses.
(1) Single-family dwellings;
(2) Public utility uses;
(3) Accessory building/structure or use;
(4) Forestry;
(5) Public or private parks or community centers; and
(6) Family care homes.
(C) Special uses.
(1) Church, private club or lodge;
(2) Golf course;
(3) Kindergarten or nursery;
(4) Hospital;
(5) Public or private elementary and secondary schools, colleges and universities;
(6) Principal use sign; and
(7) Home occupations.
(D) Dimensional requirements. Principal buildings and uses, unless otherwise specified in this ordinance, shall comply with the following dimensional requirements:
(1) A minimum lot size of 20,000 square feet per dwelling unit;
(2) A minimum lot width of 100 feet at the required front building setback line;
(3) The minimum front yard setback shall be 35 feet;
(4) The minimum side yard setback shall be 15 feet;
(5) The minimum rear yard setback shall be 25 feet; and
(6) No principal building shall be constructed unless it meets the following dimensional requirements:
(a) The maximum height above grade shall be 32 feet to the peak (excluding chimney).
(Ord. passed 2-10-2009, § 7.3; Ord. passed 8-12-2014; Ord. passed - -2021; Ord. passed 5-10-2022; Ord. passed 7-6-2022, § 2.15)
§ 151.163 R-15 SINGLE-FAMILY DWELLING DISTRICTS.
(A) Purpose. The purpose of this district shall be to maintain a minimum lot size of 15,000 square feet, and to allow for other uses permitted as special uses permitted which would not interfere with single-family residences in the district and which would not be detrimental to the quiet residential nature of the areas included within the district.
(B) Permitted uses.
(1) Single-family dwelling;
(2) Accessory building/structure and use;
(3) Public utility uses;
(4) Churches; and
(5) Family care home.
(C) Special uses.
(1) Hospital;
(2) Kindergarten or nursery;
(3) Schools;
(4) Neighborhood playground and parks;
(5) Golf course;
(6) Home occupation; and
(7) Principal use sign.
(D) Dimensional requirements. Principal buildings and uses in this zoning district shall comply with the dimensional requirements of this district:
(1) A minimum lot size of 15,000 square feet per dwelling unit;
(2) A minimum lot width of 80 feet at the required front building setback line;
(3) The minimum front yard setback shall be 30 feet;
(4) The minimum side yard setback shall be ten feet;
(5) The minimum rear yard setback shall be ten feet; and
(6) No principal building shall be constructed unless it meets the following dimensional requirements:
(a) The maximum height above grade shall be 32 feet to the peak (excluding chimney).
(Ord. passed 2-10-2009, § 7.4; Ord. passed 8-12-2014; Ord. passed - -2021; Ord. passed 5-10-2022; Ord. passed 7-6-2022, § 2.16)
§ 151.164 R-M MULTI-FAMILY DWELLING DISTRICT.
(A) Purpose. This district is established for moderate density single-family and low density multi- family development of varying types and designs.
(B) Permitted uses.
(1) Dwellings, attached (including townhouses).
(2) Dwellings, duplex, triplex and quadraplex.
(3) Dwellings, multi-family.
(4) Dwellings, single-family, detached.
(5) Quad-unit apartments.
(6) Nursery or kindergarten.
(7) School.
(8) Hospital.
(9) Family Care home.
(C) Special uses.
(1) Private club or lodge;
(2) Manufactured home park;
(3) Golf Course;
(4) Swimming Pool;
(5) Utilities;
(6) Principal use sign; and
(7) Home occupation.
(D) Development standards. All uses and structures permitted in the R-M District shall meet the applicable development standards established in this section and all other applicable requirements of these regulations.
(1) Dimensional requirements.
(a) Minimum lot size - 15,000 square feet.
(b) Minimum lot width - 80 feet at the building setback line.
(c) Maximum lot size and width - subject to approval of the plot plan.
(2) Maximum density.
(a) Multi-family, duplexes, quadraplexes, townhomes and condominiums: ten units per acre.
(b) Single-family detached: six units per acre.
(3) Setback requirements.
(a) Front yard setback - 30 feet.
(b) Side yard setback - 15 feet.
(c) Rear yard setback - 15 feet.
(d) Minimum distance between two separate principal buildings - 30 feet.
(e) Minimum distance between any point of any principal building and accessory building/structure - ten feet.
(4) Other requirements:
(a) No more than five dwelling units in any one structure.
(b) Maximum height above mean surrounding ground level - 35 feet to the eaves.
(c) A minimum of two off-street parking places allocated to each family unit in the complex.
(d) All requirements for on-frame manufactured homes and manufactured homes are specified in § 151.197.
(E) Dimensional requirements; multiple buildings. When there are two or more principal buildings on a common lot, which has single or multiple ownership, they shall comply with the following requirements:
(1) The minimum distance between the closest points of any two principal buildings shall be 30 feet;
(2) The minimum distance between any point of a principal building and the nearest property line shall be 15 feet;
(3) The minimum distance between any point of any building and any road right-of-way line shall be 30 feet;
(4) Accessory buildings/structures shall be located as follows:
(a) More than ten feet from any point of any principal building; and
(b) More than 75 feet in front of any principal building as determined by the projection of the sidelines of the principal building.
(5) A building shall contain a maximum of five dwellings; and
(6) Building height shall not exceed 35 feet to the eaves.
(F) Dimensional requirements; manufactured homes. All requirements for manufactured homes are specified in § 151.197(E).
(Ord. passed 2-10-2009, § 7.5; Ord. passed 8-12-2014; Ord. passed 7-11-2017; Ord. passed 3-10-2020; Ord. passed 5-10-2022; Ord. passed 7-6-2022, §§ 2.17, 2.28; Ord. passed 2024)
§ 151.165 C COMMERCIAL.
(A) Purpose. The purpose of this district is to provide for encouragement, and protect the orderly development and growth of activities that are normally associated with small town shopping and service facilities and to the motoring public and highway department.
(B) Permitted uses - retail establishments.
(1) Antique store;
(2) Apparel store;
(3) Appliance store;
(4) Auto and truck sales and service;
(5) Auto parts sales (retail);
(6) Bait and tackle store;
(7) Bakery goods sales store;
(8) Book store;
(9) Convenience store;
(10) Delicatessen;
(11) Drug store;
(12) Dry goods store;
(13) Farm and garden supplies;
(14) Farm implement sales and service;
(15) Farmers’ market;
(16) Florist;
(17) Gift shop;
(18) Greenhouse or plant nursery;
(19) Hardware store;
(20) Hearing aid sales and service;
(21) Hobby shop;
(22) Home furnishings store - retail;
(23) Jewelry store;
(24) Music store;
(25) Newsstand;
(26) Office equipment sales and service store;
(27) Optical goods store;
(28) Pet shop;
(29) Seed and feed store;
(30) Shoe sales and repair store;
(31) Specialty goods store;
(32) Sporting goods store;
(33) Stationery store and printing shop;
(34) Swimming pool sales and service;
(35) Toy store; and
(36) Variety store.
(C) Permitted uses - consumer services.
(1) Accountant, bookkeeping service;
(2) Advertising agency office;
(3) Ambulance service;
(4) Animal hospital, veterinary clinic or animal boarding place;
(5) Appliance repair shop;
(6) Art studio;
(7) Attorney or legal offices;
(8) Audiology services;
(9) Auto upholstery shop;
(10) Bank savings and loan institution;
(11) Barber shop;
(12) Beauty shop;
(13) Chamber of Commerce;
(14) Dance studio;
(15) Dry cleaning and laundering pick-up station;
(16) Finance and/or investment services office;
(17) Fire station;
(18) Freezer locker service or ice storage;
(19) Funeral home;
(20) Loan office;
(21) Motel;
(22) Newspaper office;
(23) Office building and offices as an accessory use;
(24) Opthamology and optician services;
(25) Photo studio;
(26) Physician or dentist office;
(27) Post office;
(28) Restaurant;
(29) Tailor or dressmaker;
(30) Taxi stand;
(31) Telephone and telegraph office;
(32) Theater;
(33) Ticket agency;
(34) Tire service;
(35) Town Hall and administration offices; and
(36) Travel bureau.
(D) Permitted uses - other uses.
(1) Public utility building or use; and
(2) Single-family homes.
(E) Special uses.
(1) Principal use sign;
(2) Temporary sign;
(3) Outdoor advertising sign; and
(4) Service station.
(F) Non-permitted uses. Big box or big box-type stores, and drive through restaurants are not permitted.
(G) Commercial building design. Commercial buildings, if made of metal, must have exterior cladding and design on the front and sides of the building that are visible from thoroughfares that is consistent with the character of the town.
(H) Dimensional requirements. Principal buildings and uses in this zoning district shall comply with the dimensional requirements of this district:
(1) The minimum lot size is 20,000 square feet;
(2) The minimum lot width is 90 feet;
(3) The minimum front building setback requirement is 35 feet;
(4) The minimum side yard setback is 20 feet;
(5) The minimum rear yard setback is 50 feet; and
(6) Building height shall not exceed 32 feet above grade to the peak excluding chimney.
(Ord. passed 2-10-2009, § 7.6; Ord. passed 8-12-2014; Ord. passed 7-6-2022, § 2.18; Ord. passed 2024)
§ 151.166 C-M COMMERCIAL MARINA.
(A) Purpose. The purpose of this district is to promote the marina character of waterfront areas. Only those uses that will support and complement the marina atmosphere shall be allowed in the district.
(B) Acreage limitations. In order to be zoned or rezoned C-M (Commercial Marina), a tract must contain a minimum of 20 acres above mean high water mark. The acreage of multiple tracts may be added together to reach the 20-acre minimum set forth herein so long as said tracts are adjacent to one another and said tracts are owned by the same individual or entity.
(C) Improvements. No approval for construction of any on-site or off-site improvements in a C-M District shall be granted until a development plan for the commercial marina development is approved in accordance with the procedures and requirements of these regulations. Once approved, the provisions of the development plan will govern all aspects of development of the property.
(D) Permitted uses.
(1) Automobile parking;
(2) Bait and tackle shop;
(3) Boat dock;
(4) Boat service area (marina);
(5) Boat storage (excluding stack storage);
(6) Boat repair;
(7) Boat sales;
(8) Fishing pier or dock;
(9) Gift shop;
(10) Marine club or organization;
(11) Restaurant; and
(12) Marine service station.
(E) Special uses.
(1) Motel;
(2) Petroleum products;
(3) Public use, including public utility distribution lines, transformer stations, transmission lines and towers, water tanks, but not service or storage yards;
(4) Principal use signs; and
(5) Office and professional buildings.
(F) Development standards. All uses and structures permitted in the C-M District shall meet the applicable development standards established in this section and all other applicable requirements of these regulations.
(1) Dimensional requirements. Except as provided otherwise in this section, the following regulations are applicable in the C-M District:
(a) Unless greater setbacks are required by applicable state or federal regulations, the minimum front, side and rear setbacks for all structures, parking, and dry storage shall be 25 feet. However, if property zoned C-M Commercial Marina abuts property zoned either Residential R-20, Residential R-15, Residential Mixed Use RMU, or Residential Multi-Family RM (hereinafter collectively referred to as "residential property") and a residential dwelling for which a certificate of occupancy has been issued is situated upon the residential property as of the date this ordinance amendment is adopted, the minimum setback shall be 50 feet with respect to the portion (front, side, or rear as applicable) of the Commercial Marina C-M property abutting any residential property.
(b) Maximum height limitations:
1. Structures shall not exceed 35 feet above mean surrounding ground level to the eaves, except for structures which enclose boats while under repair and/or maintenance; and
2. Outside dry storage of the cradles and racks, without roof coverage, shall not exceed ten feet.
(2) Buffers. The buffer requirement set forth in § 151.214 of the Code of Minnesott Beach shall apply to property zoned C-M Commercial Marina.
(G) Procedure.
(1) Pre-application conference. Before filing an application for a C-M development plan approval, the applicant shall schedule a pre-application conference with the Planning Board. The applicant shall provide the Planning Board the following information at the pre-application conference:
(a) Size and location of the parcel proposed for development, including the footprint of all proposed structures;
(b) All proposed permitted and special uses, including location and acreage for those uses;
(c) A schematic description of traffic circulation and roadway improvements; and
(d) Drawings showing compliance with all applicable buffer requirements.
(2) Once an applicant's development plan is approved by the Board of Commissioners, the property shall be developed consistent with said development plan. Substantive changes may not be made to the development plan following its approval until the proposed substantive changes have been submitted to the Planning Board and approved by the Board of Commissioners. For purposes of this division, the term "substantive changes" includes, but is not necessarily limited to, (i) changes impacting the number, location or use of buildings or structures; (ii) changes impacting the size of buildings or structures if the change is greater than 10%; (iii) the location of roads or traffic circulation; and (iv) the subdivision of any property depicted on the development plan.
(H) Effect of approval.
(1) The approval of a C-M development application and a development plan shall not become effective until the applicant has submitted to the Planning Board a copy of the development plan incorporating all changes, if any, that were required as conditions to the Board of Commissioners approval, and additional information as may have been required as a condition of the C-M or development plan approval.
(2) Upon receipt of all required submittals, the Mayor shall mark and sign the development plan as approved by the Board of Commissioners and return a marked and signed copy of the development plan to the applicant. A copy marked "ORIGINAL" shall be retained for the records of the town.
(Ord. passed 2-10-2009, § 7.7; Ord. passed 5-10-2022; Ord. passed 7-6-2022, § 2; Ord. passed 2024)
§ 151.167 IP INSTITUTIONAL AND PUBLIC.
(A) Purpose. The purpose of this district is intended to accommodate public and institutional uses, which have a limited land use impact or traffic generation potential upon surrounding uses. The district is intended to accommodate smaller, less intensive public and institutional uses which have concentrated service areas and are located in or near residential areas, or larger, less intensive recreational or institutional facilities in rural areas.
(B) Permitted uses.
(1) Public utility uses;
(2) Accessory building/structure or use;
(3) Forestry;
(4) Public or private parks or community centers; and
(5) Camps.
(C) Special uses.
(1) Church, private club or lodge;
(2) Golf course;
(3) Kindergarten or nursery;
(4) Hospital;
(5) Public or private elementary and secondary schools, colleges and universities; and
(6) Principal use sign.
(D) Dimensional requirements. Principal buildings and uses in this zoning district shall comply with the dimensional requirements of this district:
(1) All lots shall have a minimum lot size of 20,000 square feet, excluding lots used primarily as a camp. All camps shall require a minimum lot size of five acres, regardless of the number of structures located thereon;
(2) The minimum lot width is 100 feet;
(3) The minimum front building setback requirement is 35 feet;
(4) The minimum side yard setback requirement is 20 feet;
(5) The minimum rear yard setback requirement is 50 feet; and
(6) Building height (residential or occupied living quarters only) shall not exceed 32 feet above grade to the peak, excluding chimney.
(Ord. passed 2-10-2009, § 7.8; Ord. passed 8-12-2014; Ord. passed 5-10-2022; Ord. passed 2024)
§ 151.168 R-MU RESIDENTIAL MIXED USE DISTRICT.
(A) Purpose. The purpose of this district shall be to allow for the development, on tracts of 20 acres or more, of multi-phased, mixed-use developments consisting of primarily residential uses, and also including a variety of commercial, retail and marina options organized around an integrated usable open space system.
(B) Improvements. No approval for construction of any on-site or off-site improvements in an R-MU development shall be granted until a master plan for the R-MU development is approved in accordance with the procedures and requirements of this ordinance. Once approved, the provisions of the master plan will govern all aspects of development of the property.
(C) Permitted residential uses.
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multi-family dwellings;
(4) Nursery or kindergarten;
(5) Public or private elementary and secondary schools;
(6) Neighborhood playgrounds or parks;
(7) Public or private parks or community centers;
(8) Environmental corridors;
(9) Bicycle and pedestrian paths;
(10) Private clubs or lodges;
(11) Churches;
(12) Public utility buildings or uses; and
(13) Accessory buildings/structures and uses customarily incidental to any of the permitted uses listed above.
(D) Special residential uses.
(1) Golf course;
(2) Principal use sign;
(3) Home occupation; and
(4) Family care homes.
(E) Permitted commercial uses; marina.
(1) Boat docks;
(2) Boat service area;
(3) Marine service station;
(4) Boat repair;
(5) Boat sales;
(6) Boat storage facility (excluding stack storage);
(a) Except that Arlington Place may have dry stack storage as shown on the 2020 Proposed Master Plan in a building not more than 35 feet high.
(7) Fishing pier or dock;
(8) Bait and tackle shop;
(9) Gift shop;
(10) Marine club or organization;
(11) Restaurant;
(12) Any of the permitted or special uses authorized in the C-M Commercial Marina District in this ordinance; and
(13) Accessory buildings/structures and uses customarily incidental to any of the permitted uses listed above.
(F) Permitted commercial uses; retail establishments.
(1) Any of the permitted retail establishment uses authorized in the Commercial District in this ordinance, except:
(a) “Big box” or big box type store; and
(b) Department store.
(2) Accessory buildings/structures and uses customarily incidental to any permitted uses listed above.
(G) Permitted commercial uses; consumer services.
(1) Any of the permitted consumer service uses authorized in the Commercial District in this ordinance except:
(a) Auto/truck dealership;
(b) Commercial parking structures/lots;
(c) Drive-in/in-car eating restaurant (drive-up windows are allowed upon approval of building plans by Town Commissioners);
(d) Drive-in theater;
(e) Funeral home; and
(f) Pawnbroker.
(2) Accessory buildings/structures and uses customarily incidental to any of the permitted uses listed above.
(H) Special commercial uses.
(1) Principal use sign;
(2) Temporary sign; and
(3) Outdoor advertising sign.
(I) General use and development standards for R-MU developments.
(1) Uses allowed. An R-MU development may contain any or all of the uses specified in the approved R-MU master plan, provided that at least 60% of the useable property in the development shall be developed for residential uses and the Town Commissioners may set a higher standard for residential use. A wide range of uses are possible in an R-MU development, and the specific uses allowed may be different in each R-MU development. Notwithstanding § 151.019 regarding prohibited uses, all uses that are set out in a master plan and approved by the Town Commissioners shall be treated as permitted uses within the R-MU development.
(2) Mixed uses encouraged. Mixed use developments are strongly encouraged in the R-MU zoning district, including the mixing of principal residential uses with principal nonresidential uses.
Mixed use development may occur by having two or more principal uses located in the same building (e.g., retail on ground floor, office space above), or by having two or more principal uses located in different buildings sited on the same lot or parcel (e.g. freestanding child day care center located on the same parcel as an office building). Mixed location uses in all cases must be compatible as determined by the Town Commissioners.
(J) Designation procedure.
(2) Property may only be zoned R-MU upon request of the owners of the property.
(K) Standards. The following standards apply:
(1) Minimum tract size. The minimum tract size for an R-MU development shall be 20 acres.
There shall be no more than four dwelling units of ownership, on average, for each acre of the R-MU development property utilized. The term UTILIZED is defined as the total acreage of the development minus CAMA setbacks from naturally occurring bodies of water, minus the roads, rights-of-way, utilities and service buildings, and minus the unbuildable wetland areas and other bodies of water contained within the plot.
(2) Lot size. The average lot size for single-family lots within the R-MU development with frontage on a naturally occurring body of water shall be three-fourths of an acre; otherwise, the average size of all single family lots within R-MU development shall be one-half of an acre. There shall be no minimum lot size for other structures in the R-MU development provided the proposed lot sizes are set forth in the master plan and approved by the Town Commissioners. The minimum lot sizes established hereunder may be waived by the Town Commissioners, in its sole discretion, upon an affirmative finding that the public health, safety and welfare will not be negatively impacted by the waiver and is consistent with the General Statutes and other laws of the state.
(3) Wastewater treatment. All wastewater treatment of effluent generated within the R-MU development must be through a State DENR approved treatment and disposal system operated by either a unit of government or an approved licensed public utility with a franchise granted by the State Utilities Commission. Properly permitted septic systems by either county or state agencies may be allowed for the treatment of wastewater effluent until it is feasible to develop public wastewater treatment facilities for the R-MU development and as required by the homeowner’s association for connection to the public system. Wastewater treatment plans shall be included as a required part of the final phase presentation and no approval will be considered until all necessary permitting is secured and is presented with the plan.
(4) Water supply. All water supplied to property within the R-MU development must be through an approved system operated by either a unit of government or an approved licensed public utility with a franchise granted by the State Utilities Commission. The water supply shall not deteriorate
or in any way affect the supply, pressure or quality of the existing public water system when supplying water to the development.
(5) Setback; single family detached. The following minimum setbacks shall apply for single- family detached dwellings:
Minimum front yard setback line | 35 feet |
Minimum side yard setback line | 15 feet |
Minimum rear yard setback line | 25 feet |
(6) Setback; single-family attached and two-family. The following minimum setbacks shall apply for single-family attached dwellings and two-family and multi-family dwellings:
Minimum front yard setback line | 30 feet |
Minimum rear yard setback line | 15 feet |
Minimum side yard setback line | 15 feet |
Minimum distance between buildings | 15 feet |
(7) Setback; other structures. Setback; non-residential. There shall be no minimum setback for non-residential structures in the R-MU development provided the proposed setbacks are set forth in the approved master plan and approved by the Town Commissioners.
(8) Other minimum specifications for residential buildings:
(a) Single family detached: refer to R-20 zoning requirements.
(b) Single family attached and multi-family: refer to R-M zoning requirements.
(a) Streets shall have a minimum rights-of-way and paving widths and shall be required to meet the provisions of § 151.354.
(b) All base, material and paving must meet the then current secondary road standards of the state.
(c) In all cases, there must be a maintenance agreement for all streets.
(d) Further, in the event that any street in an R-MU development shall not be constructed to minimum standards sufficient to allow its inclusion in the state highway system for maintenance and is approved in the master plan, a street disclosure and maintenance agreement to be recorded with the plat or deeds as provided under § 151.354(G) of this ordinance shall be required.
(9) Environmental buffers. Variations from the minimum federal and state mandated environmental buffers shall not be allowed without requisite approvals from the appropriate federal and state agency.
(10) Common space. Each R-MU development shall provide adequate private, common open space facilities including both active and passive recreational uses. The facilities must be specified in the master plan and approved by the Town Commissioners.
(11) Building height. Building height shall not exceed 35 feet above mean surrounding ground level to the eaves.
(L) Coordination with review of subdivision plans. An application for an R-MU master plan approval and any required application for subdivision approval should be filed simultaneously. Sections 151.285 through 151.291, 151.305 through 151.312, 151.325 through 151.337, 151.350 through 151.358 and 151.370 through 151.377 govern approval. The review and processing of these applications shall be coordinated and consolidated as much as possible. The Planning Board and the Town Commissioners shall render sequential reports, recommendations and decisions on each application.
(M) Procedure.
(1) Pre-application conference. Before filling an application for an R-MU master plan approval, the applicant shall schedule a pre-application conference with the Planning Board. The applicant shall provide the Planning Board the following information at the pre-application conference:
(a) Size and location of the parcel proposed for development as an R-MU development;
(b) Proposed gross density and/or the amount of nonresidential square footage for the proposed R-MU development and net density of individual parcels within the R-MU;
(c) A master plan showing the proposed uses for the R-MU development including location, acreage, parks and net density of individual parcels within the R-MU development; and
(d) A schematic description of utility location, utility services, traffic circulation and roadway improvements for the planned development.
(2) Application filing. An application for an R-MU zoning approval shall be filed and processed in accordance with the zoning and rezoning procedures set forth in §§ 151.265 through 151.271. In addition, the application shall be accompanied by a master plan and supporting plans and documents as specified by the Planning Board.
(1) The R-MU designation is necessary to address a unique situation or represents a substantial benefit to the town compared to what could have been accomplished through strict application of otherwise applicable zoning district standards as determined by the Town Commissioners; and
(2) The R-MU application complies with the R-MU standards set forth in this subchapter.
(O) Effect of approval.
(1) The approval of an R-MU application and a master plan shall not become effective until the applicant has submitted to the Planning Board a copy of the master plan incorporating all changes, if any, that were required as conditions to the Town Commissioners approval, and additional information as may have been required as a condition of R-MU or master plan approval.
(2) Upon receipt of all required submittals, the Mayor shall mark and sign the master plan as approved and return a marked and signed copy of the master plan to the applicant. A copy marked “ORIGINAL” shall be retained for the records of the town.
(3) Actual development of the property comprising the approved R-MU development shall be subject to all applicable state requirements, subdivision plan approvals and other permits and approvals otherwise required by this ordinance. The development shall comply with all requirements of this ordinance unless the approved R-MU documents specifically state otherwise.
(4) The approved master plan will remain in effect so long as development is ongoing and does not cease for a period of more than 12 continuous months.
(Ord. passed 2-10-2009, § 7.9; Ord. passed 7-11-2017; Ord. passed 5-10-2022; Ord. passed 2024)