4.01.01.

All uses must comply with the use regulations in Table 4-1 and the area and dimensional requirements in Table 4-2. When a lot size exceeds the minimum required area, all other standards applicable to residential lots nevertheless apply.

4.01.02.

Certain nonresidential uses are permitted in residential districts in accordance with Table 4-1 subject to provisions intended to preserve and protect the residential character of the district.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

The RS-1, RS-2 and RS-3 Districts are intended to preserve the character of existing and developing neighborhoods and to prevent such areas from becoming nonconforming under the terms of this Ordinance. These districts are also intended to provide for future residential development and for in-filling of existing neighborhoods on vacant lots with dwellings of like kind.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

4.03.01.

This district is intended for medium and high-density residential areas characterized by single-family detached, twin houses, duplexes and multifamily dwellings.

4.03.02.

Any new manufactured home developments, where permitted, are subject to Section 3.04.05, Manufactured Housing, and the applicable standards in Article 7, Detailed Use Regulations.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

4.04.01.

Purpose. The purpose of performance residential development is to provide innovative development types that make efficient use of land, utilities and/or protect natural features.

4.04.02.

Performance residential developments may contain one or more of the following housing types, where permitted in accordance with Table 4-1, subject to the applicable requirements in Article 7 and approval of a General Development Plan: duplexes, manufactured home parks, manufactured home subdivisions, multifamily dwellings, townhouses, twin houses and zero lot line dwellings.

4.04.03.

A General Development Plan must be submitted and approved for all Performance Residential Developments requiring Conditional Use approval. See also Section 12.03, General Development Plan.

4.04.04.

For purposes of calculating density, the development site includes all platted lots, together with streets, drainage facilities, utility sites and any other common property within the perimeter of the subdivision plat, whether or not such facilities will be dedicated to the City.

4.04.05.

Each Performance Residential Development must meet the requirements of this Ordinance within the boundaries of the development. Each phase of a performance residential development must meet the requirements of this Ordinances within the boundaries of each such phase.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

4.05.01.

To provide for active and passive recreational activities, improve the quality of life for residents and increase property values and desirability of high-density residential development, standards are set out here for the provision of common open spaces.

4.05.02.

All Performance Residential Developments, unless otherwise approved as part of the General Development Plan, and any single-family residential developments, including any phases thereof, which contain lots of 9,000 square feet or less must include common open space totaling a minimum of 20% of the entire development site or phase thereof.

4.05.03.

Open Space Plan.

A.

An open space plan must be submitted as a part of the site plan or subdivision approval application, indicating the boundaries of all common open spaces. The plan must:

1.

Designate areas to be reserved as common open space.

2.

Designate the type of common open space to be provided;

3.

Specify the manner in which the common open space will be owned and maintained in accordance with Section 3.08, Common Open Spaces and Amenities; and

4.

Include proof of a mandatory and functioning association and contact information for same, if applicable. Annual updates of contact information must be provided to the Director.

B.

Prior to final plat approval, the Director must verify that all parcels or tracts proposed as common open spaces or amenities are clearly delineated on the plat or site plan and their purpose, size and dimensions indicated. Unless specifically accepted by the Council, the City is not responsible for maintenance or repair of any common facility or properties.

4.05.04.

Open Space Types.

A.

Common open spaces must have qualities making it useful for passive or active recreation and must be developed to serve such purposes. In addition, open spaces should serve an environmental or resource protection purpose, visually separate the development from existing public ways or from other developments; or be of value in dividing the development into coherent sub-areas.

B.

The types of common open space that satisfy the requirements of this Ordinance, together with the maintenance required for each type, are as follows:

1.

Natural areas, including undisturbed vegetation or areas replanted with vegetation after construction. Natural watercourses are to be maintained as free flowing and devoid of debris. Stream channels must be maintained so as not to alter the base flood elevation;

2.

Agricultural uses other than those which occur primarily within a structure;

3.

Community gardens divided into plots for use by residents of the development;

4.

Recreational areas designed for specific, active recreational uses having minimal requirements for structures, such as, but not limited to, playgrounds; parks; courts or fields for sports such as tennis, pickleball, softball, basketball, and volleyball; swimming pools; pavilions; and golf courses. An enclosed structure may be permitted only where it directly supports a specific amenity and its use does not require off-street parking in addition to that of the open space use; and

5.

Passive recreation areas and improved paths for walking, hiking, exercise, bicycling, equestrian use and similar activities. The use of greenways to connect residences and recreational areas is encouraged.

C.

Any change in type of a required common open space must be submitted for approval by the approving authority, subject to any public hearings as may normally be required.

4.05.05.

Open Space Standards for Performance Residential Developments. The approving authority may approve common open spaces and amenities only upon receipt of a scaled drawing showing all proposed improvements and only upon finding such open space and amenities comply with the requirements listed below. Those not complying with the following requirements are evaluated as principal uses and, as such, are subject to all other applicable regulations.

A.

Amenities within any required open space are limited to those allowed under Section 4.05.04, Open Space Types. Golf courses, golf driving ranges, and miniature golf are not permitted.

B.

All amenities must be located on parcels whose purpose is clearly identified on the recorded subdivision plat. Any amenity proposed on an existing parcel not designated for open space purposes must be approved through amendment of the General Development Plan.

C.

Enclosed, recreational structures must be set back 25 feet from all lot lines and may not exceed 10,000 square feet including any restroom facilities. Any amenity parcel containing an enclosed structure must have frontage on a public or approved private street within the development.

4.05.06.

Planning and Design Standards.

A.

The design of common open spaces must be sensitive to the physical characteristics of the site and design characteristics of the development.

B.

Common open spaces must be appropriately located and large enough to address the open space characteristics of this Section.

C.

Common open spaces must be accessible to all residents of a development, as applicable. However, access to agricultural uses may be restricted to those engaged in agricultural pursuits.

D.

No dwelling may be located more than 750 feet from a common open space. The approving authority may waive this distance requirement where the development includes a major recreational facility, which will occupy at least 50% of the required common open space for the development. No more than ten percent of the dwellings in the development may be occupied before this facility is completed and available for use.

E.

Where non-recreational properties separate dwellings from a common open space, the Director may require an easement or other means of access to avoid the need for pedestrians to cross or travel on streets.

F.

No property or portion thereof, less than 40 feet wide and 7,500 square feet in area, may be counted toward common open space requirements. Common open spaces containing paths for pedestrians or bicycles are exempt from this width requirement if such paths are part of a comprehensive circulation system serving all or a portion of the development or are included in connecting greenways. When provided, paths must be paved except those traversing wooded, natural areas.

G.

Non-recreational buildings, except those related to agricultural open space uses, may not occupy required common open spaces.

H.

All common open spaces must be easily visible from public view and freely accessible.

I.

Parking lots serving subdivision amenities must be landscaped in accordance with Section 9.03, Vehicular Area Landscaping Standards.

J.

Parking for community pools and active recreation amenities must be provided in accordance with Section 8.01, Off-Street Parking Requirements. Parking is not required for playgrounds and passive recreational areas. The Director may reduce parking requirements by up to 50% if the recreation amenities are for the use of residents of the development. Further reductions may be considered in accordance with Section 14.04, Special Exceptions, or in accordance with Section 12.05, Conditional Uses, if required for the associated development.

K.

Any equipment used by maintenance or other employees must be stored in an enclosed structure or an area screened from public view.

4.05.07.

Calculation of Open Space.

A.

Lakes, ponds, and other permanent water bodies may not constitute more than 25% of the total required common open space. Where permitted, golf courses may not constitute more than 60% of the total required common open space.

B.

The following may not be counted toward common open space requirements:

1.

Platted lots for residential use or designated sites for manufactured homes or recreational vehicles;

2.

Private streets and driveways, public or private rights-of-way or easements for roads, driveways or any other use which is not consistent with the purposes of common open space established in this Section;

3.

Parking areas, including any landscaping required within and at the perimeter of such parking areas;

4.

Required setbacks or spacing between structures, manufactured homes or recreational vehicles;

5.

Commonly owned lawns consisting of grass with or without trees. (e.g. condominiums, townhouses, patio homes, etc.)

6.

Areas which have been cleared of vegetation, excavated, filled, or otherwise altered from their natural state unless such alteration is consistent with the approved use of the open space;

7.

Any development site, as established by a site plan, containing a clubhouse or a non-recreational use including, but not limited to, office, restaurants, gift shops, and groundskeeper storage buildings;

8.

Any other areas which the Director finds to be inconsistent with the intent of this Section.

Table 4-1 Use Regulations, Residential Districts

(Ord. No. 2249, 1(Exh. A), 12-16-24)

Table 4-2 Area and Dimensional Requirements Residential Districts

¹  The front or primary front setback applies on both frontages of dual-frontage corner lots. Secondary front setbacks apply to single-frontage corner lots only.

²  Common open space is required for developments containing lots of 9,000 square feet or less in area subject to Section 4.05, Open Space Requirements for High Density Residential Developments.

³  Applies only to detached single-family dwellings, lots in manufactured home subdivisions and any permitted nonresidential uses. For other permitted dwelling types, refer to the standards in Article 7, Detailed Use Regulations.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

Table 4-3 Performance Residential General Requirements

¹  For single-family detached uses, only one dwelling unit is permitted per lot.

(Ord. No. 2249, (Att.), 12-16-24; Ord. No. 2268, § 1(Exh. A), 5-19-25)