Scottsbluff City Zoning Code
ARTICLE 7
PLANNED UNIT DEVELOPMENT
§ 25-7-1 INTENT AND PURPOSES.
The City Council finds that planned unit developments differ in various significant respects from other types of land ownership, development and use, and that such developments therefore require certain different regulations. The general intent and purposes of this article are to establish standards and procedures for planned unit developments, including standards and procedures that are more flexible than those which are prescribed by conventional zoning regulations, whereby sufficiently large and properly located land areas can be developed in accordance with innovative and imaginative land planning concepts in a manner that will best serve both private and public interests. More particularly, but without limitation of the above generalities, the intent and purposes of this article are:
(A) To permit greater flexibility in the design of integrated developments;
(B) To encourage the design of varieties of housing and other land uses in such developments;
(C) To encourage reservation of greater proportions of open spaces for visual purposes and recreational uses;
(D) To assure, in the process, that population density and building density and bulk conform to the general objectives of the city’s zoning and subdivision regulations and its comprehensive development plan; and
(E) To facilitate accomplishment of these objectives through planned unit developments of various types.
(Ord. 3639, passed - -2000)
§ 25-7-2 DEVELOPMENT STANDARDS; GENERAL REQUIREMENT.
All residential planned unit developments shall be designed to meet all of the general development standards concerning open space, circulation, off-street parking, height, coverage, bulk, and other conditions prescribed in this subdivision (a) of this article in such manner as to form a harmonious, integrated project of sufficient unity to justify exception to the general requirements of this chapter. In addition, the planned unit development shall meet the development standards prescribed in other parts of this article which by their terms are applicable to planned unit developments of the type in question.
(Ord. 3639, passed - -2000)
§ 25-7-3 DEVELOPMENT SITE; COMPATIBILITY, ACCESSIBILITY, AND OWNERSHIP.
(A) Compatibility. The location and arrangement of structures, parking areas, drives, walks and fences, lighting, signing, and appurtenant facilities in a planned unit development shall be compatible with the surrounding land uses. The development shall not impose an undue burden on public services and facilities, such as fire and public services, or on the local school system.
(B) Accessibility. The total development site shall be accessible from public roads or streets, or both, that are adequate to carry the traffic that will be imposed upon them by the proposed development.
(C) Ownership. The entire block, lot, or tract of land to be occupied by the development shall be held in a single ownership or control.
(Ord. 3639, passed - -2000)
§ 25-7-4 DENSITY.
Density standards prescribed in this chapter for the zone in which the development is located shall apply, unless the Planning Commission shall find that authorization of a greater density in development as provided in this article will provide greater open space and other desirable features which are not regularly required for the zone; provided, the Planning Commission may not authorize a density within the development exceeding 150% of the density authorized by ordinance in the zone in which the planned unit development is located.
(Ord. 3639, passed - -2000)
§ 25-7-5 INDIVIDUAL USE AREAS; SIZE.
The minimum area of each individual use area in a planned unit development shall be:
(A) Residential: one-half acre;
(B) Residential/office/professional: 7,200 square feet;
(C) Residential/commercial: none;
(D) Commercial: none; and
(E) Industrial: two acres.
(Ord. 3639, passed - -2000)
§ 25-7-6 BUILDINGS; COVERAGE.
Buildings and structures shall not cover more of a lot or of the total development site than would be permitted in meeting:
(A) All requirements with respect to the zone in which the development is to be located and, in addition; and
(B) All the requirements of this article.
(Ord. 3639, passed - -2000)
§ 25-7-7 SETBACKS.
All buildings and structures in a planned unit development shall be set back from a street, road, or drive, whether or not dedicated to public use, not less than the distance required with respect to setbacks from dedicated public streets in the zone in which the development site will be situated, except as herein provided. If the street, road, or drive shall have been formally dedicated to public use, the setback shall be from the dedicated right-of-way of the street, road, or drive. If the street, road, or drive shall not have been formally dedicated to public use, the setback shall be from a line established by a recordable instrument executed and acknowledged by the owner of the development site, expressly approved by the Planning Commission as establishing a setback that is compatible with the general setback requirements in the zone and as being sufficient as to form, and recorded by the City Clerk at the expense of the owner before any affected building sites in the development are sold, or contracted to be sold, or construction of any building or structure on any such sites is commenced. Provided, the Planning Commission may require an additional setback from a heavily traveled street, road, or drive if it determines such a setback to be reasonably necessary or proper for the public health, safety, and welfare.
(Ord. 3639, passed - -2000)
§ 25-7-8 HEIGHT.
The height of buildings and structures in any proposed planned unit development shall not exceed the height limitations in the zone in which the development is to be located.
(Ord. 3639, passed - -2000)
§ 25-7-9 PRIVATE STORAGE AREAS.
Where a proposed building is to be constructed without an attached garage or detached garage for each dwelling unit, a minimum 100 cubic feet of private storage space shall be provided within each dwelling unit. Such storage area shall be accessible from the exterior of the individual dwelling unit, and the design, location, and size of the storage space shall be integrated into the building and the development generally.
(Ord. 3639, passed - -2000)
§ 25-7-10 VEHICULAR STORAGE.
Outside areas for storage of boats, trailers, recreational vehicles, and similar vehicles are prohibited, unless provision for such areas for the exclusive storage of such vehicles is contained in restrictive covenants approved by the Planning Commission. Where such areas are provided, they shall be screened and enclosed from view on a horizontal plane from adjacent areas by a six-foot high architectural barrier compatible with the architectural design of the development and permanently maintained. A vehicle wash area may be provided within close proximity of the vehicle storage area. Specification for such a wash area shall be submitted to and approved by the Development Services Director.
(Ord. 3639, passed - -2000)
§ 25-7-11 OTHER ACCESSORY USES.
Other accessory uses solely for the convenience of the occupants of the development which the Planning Commission determines to be compatible with a planned unit development approved by it, may be authorized by the Commission by special permit.
(Ord. 3639, passed - -2000)
§ 25-7-12 WALLS AND FENCES.
The general development standards in Article 6 of this chapter for fences, walls, and hedges as shall apply to fences, walls, and hedges in planned unit developments, providing the Planning Commission may require additional walls and fences if it determines that such walls or fences are necessary to protect adjacent properties or occupants of the planned unit development.
(Ord. 3639, passed - -2000)
§ 25-7-13 STREETS AND DRIVES; ADEQUACY; PRIMARY DRIVES, SECONDARY DRIVES, AND DRIVES SERVING GARAGES.
(A) Adequacy. The streets and drives on the proposed development site shall be adequate to serve the occupants of the development.
(B) Primary drives. All drives designed to provide primary access through a development shall be improved with pavement having a minimum width of 28 feet. All improvements of such drives shall be constructed in accordance with general city standards, including the installation of standard curb and gutter, for public streets of the city.
(C) Secondary drives and ways. All secondary drives and vehicular ways shall be improved with pavement having a minimum width of 26 feet. All improvements of such drives and ways shall be constructed in accordance with general city standards, including the installation of standard curb and gutter, for public streets of the city.
(D) Drives serving garages. Where a private drive serves only garages, and the drive is posted to prohibit all other use or parking, the drive shall be improved with pavement having a minimum width of 26 feet and shall otherwise conform to general city standards, including the installation of standard curb and gutter, for public streets of the city.
(Ord. 3639, passed - -2000)
§ 25-7-14 VEHICULAR ACCESS TO DEVELOPMENT SITE, ON-SITE PARKING AREAS, AND INDIVIDUAL DWELLING UNITS.
(A) To development site. Vehicles shall have access to a planned unit development site only from a public street. However, no vehicle shall have direct access to a development site from a major public street, unless the Planning Commission shall determine:
(1) An existing development site has no alternative means of ingress and egress; and
(2) The owner of the site has shown that access from a major street will not hazardously affect the function of the street or be detrimental to the safety of motorists.
(B) To on-site parking areas.
(1) Vehicles shall have access to on-site parking areas by means of:
(a) A loop system, each one-way roadway of which has a minimum width of 20 feet; or
(b) All drive and vehicular accessways that provide access for fire and emergency vehicles, or either.
(2) A minimum vertical clearance of 14 feet and a minimum horizontal clearance of 20 feet shall be provided.
(C) To individual dwelling units. Vehicles shall not have direct ingress to or egress from individual dwelling units from or to a public street.
(Ord. 3639, passed - -2000)
§ 25-7-15 PEDESTRIAN CIRCULATION SYSTEM.
(A) A pedestrian circulation system shall be incorporated into the development for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas, and other outdoor living spaces. The circulation system shall be developed with a combination of the following improvements:
(1) A public sidewalk system adjacent to all public streets or drives which shall have a minimum width of five feet and shall be constructed in accordance with general standards of the city for public sidewalks; and
(2) An interior walkway system, which shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The minimum width of interior pedestrian walks and paths shall be four feet. The interior walkway system shall utilize substantial materials such as concrete, brick, flagstone, or other materials approved by the Development Services Director.
(B) Provided, the Planning Commission may approve an alternative sidewalk and pedestrian access plan which it determines will accomplish substantially the same results.
(Ord. 3639, passed - -2000)
§ 25-7-16 VEHICULAR, PEDESTRIAN ACCESS, AND CIRCULATION; PLANS; MODIFICATION.
The Planning Commission, upon review of a proposed planned unit development plan, may, even if the plan complies with the requirements of §§ 25-7-13 to 25-7-15 of this article, inclusive, require modifications in the size, number, and location of access points and vehicular, pedestrian or multi-model on-site circulation system which it determines to be necessary or proper in order to protect and enhance adjacent properties and protect the public safety and welfare.
(Ord. 3639, passed - -2000)
§ 25-7-17 OPEN SPACES; COMMON.
The planned unit development plan shall include such provisions for the ownership and maintenance of all common open spaces as are reasonably necessary, as determined by the Planning Commission, to assure the continuity, care, conservation, and maintenance of such spaces, and to assure that remedial measures will be available to the owners of individual units, or their association, if the common space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the occupants of the planned unit development and of the entire community, or either.
(Ord. 3639, passed - -2000)
§ 25-7-18 DEDICATED RECREATIONAL AREAS.
Any recreational area in a planned unit development which is proposed to be dedicated to the city for public use shall comprise not less than one acre, and shall have direct access from a public street.
(Ord. 3639, passed - -2000)
§ 25-7-19 LIGHTING.
The developer of a planned unit development shall install a lighting system on all streets, roads, and drives and along all major walkways in the development which shall equal in illumination lighting on public streets of the city, subject to approval of the Development Services Director. Such lighting shall be directed onto the drives and walkways and away from adjacent properties. Walkway lighting shall be a low-level fixture, spaced to provide adequate walkway illumination, be vandal proof, and shall not intrude unnecessarily into residential units. All drives, walkways, parking areas, outdoor activity areas, outdoor entries to individual dwelling units, private patios, mail collection, and trash collection areas shall be illuminated during hours of darkness. Lighting for individual dwelling unit entries and private patios shall be independently controlled by the occupant(s) of such dwelling unit.
(Ord. 3639, passed - -2000)
§ 25-7-20 LANDSCAPING; REQUIREMENTS; INSPECTION.
All setback areas in a planned unit development fronting on or visible from a public street and all recreation, leisure, and open areas shall be landscaped and permanently maintained in an attractive and appropriate manner. Such landscaping shall consist primarily of ground cover, trees, shrubs, and other living plants. Landscape maintenance shall be subject to immediate and periodic inspection by the city.
(Ord. 3639, passed - -2000)
§ 25-7-21 SIGNS; REQUIRED AND PERMITTED SIGNS.
(A) Required signs. There shall be provided by the developer of a residential planned unit development signs that will enable motorists, pedestrians, and emergency services, including fire and police services, to locate residential units from access points on the development perimeter. Such signs shall illustrate the site plan, names of streets and drives, and ranges of corresponding street and drive addresses. Such signs shall include the following:
(1) One indirectly illuminated monument sign per development entrance for the purpose of identification, which shall contain the name and address of the development only. Such sign shall not exceed 20 square feet in aggregate area or five feet in overall height. It shall be erected within a landscaped area and located not less than 15 feet from the curb face;
(2) In lieu of a monument sign such as is referred to in division (A) above, one wall sign per development entrance, which shall be incorporated into an exterior perimeter wall of the development. Such sign shall consist of individually-mounted letters and numbers which identify the name and address of the development only. Such letters and numbers shall not exceed 18 inches in height and shall be indirectly illuminated;
(3) One directory sign per entrance of the development, which shall illustrate the site plan, names of streets and drives, and ranges of corresponding street and drive addresses. Such sign shall not exceed 20 square feet and five feet in height, and shall be indirectly illuminated;
(4) One unlighted or luminous nameplate not exceeding 32 square inches in area for each dwelling unit, indicating the address number of the unit; and
(5) Private drive signs at uniform locations throughout the development. Such signs shall be similar to standard city street signs and shall be approved by the Development Services Director.
(B) Permitted signs. For sale, lease or rent signs, and sold signs, which are permitted in Article 6 of this chapter are permitted in planned unit developments.
(Ord. 3639, passed - -2000)
§ 25-7-22 APPEARANCE STANDARDS.
The Planning Commission, before approving a planned unit development, shall consider the following standards, as well as those referred to elsewhere in this subdivision (b) of this article:
(A) Architectural features and general appearance of the proposed development shall enhance the orderly and harmonious development of the entire development and the community as a whole;
(B) Architectural features and permanent colors, if any, shall be incorporated into the design of all vertical exterior surfaces of buildings in such manner as to create an aesthetically pleasing whole;
(C) Particular attention shall be given to incorporating the design, including colors of signs, into the overall design of the entire development in order to achieve a unity; and
(D) Vehicular accessways shall be designed with landscaping and building variation to avoid an alley-like appearance.
(Ord. 3639, passed - -2000)
§ 25-7-23 SANITARY SEWER AND WATER SYSTEMS.
Sanitary sewer and water systems shall be designed and installed to city standards and specifications for sanitary sewer and water systems installed by the city. Such systems shall be located within private drives, roads, or alleys, unless otherwise shown in the final plat approved by the City Council. In no case shall sewer mains or lines extend underneath any dwelling unit other than the unit served by the main or line. Provisions shall be made, in an instrument recordable and indexable against the development site in the office of the Register of Deeds, to identify those parts of the system which are privately-owned and those, if any, which are publicly-owned.
(Ord. 3639, passed - -2000)
§ 25-7-24 STORM DRAINAGE SYSTEMS.
Storm drainage systems shall be designed and installed to city standards and specifications for storm drainage systems installed by the city. Such systems shall provide for delivery of on-site drainage to a public storm drainage system. An off-site storm drainage system may be required by the Planning Commission if it shall determine that such a system is necessary to protect adjacent properties.
(Ord. 3639, passed - -2000)
§ 25-7-25 FIRE HYDRANT SYSTEM.
A fire hydrant system to provide an adequate fire flow for fire protection purposes shall be designed and installed to city standards and specifications for fire hydrant systems installed by the city. The adequacy of such a proposed system shall be approved by the Water and Fire Departments, and the system shall be tested and approved by such departments prior to commencement of the framing stages of building on development site.
(Ord. 3639, passed - -2000)
§ 25-7-26 UTILITY AND CABLE TELEVISION SERVICES.
All utility services, including cable television, shall be installed underground, unless the Planning Commission finds that specific engineering or design problems would prevent such installation. Electrical utilities shall be installed in accordance with the National Electrical Code.
(Ord. 3639, passed - -2000)
§ 25-7-27 TRASH COLLECTION AREAS.
Individual or common trash collection areas shall be provided. Such areas shall be provided within 100 feet of the farthest unit they serve, and shall be situated so as to eliminate noise and visual intrusion on adjacent property and dwelling units, as well as to avoid fire hazard to adjacent structures.
(Ord. 3639, passed - -2000)
§ 25-7-28 LAUNDRY AREAS.
Laundry areas shall be provided in individual dwelling units or at central locations throughout the development site for adequate use and convenience of the occupants of the planned unit development.
(Ord. 3639, passed - -2000)
§ 25-7-29 MAIL DELIVERY.
Mail delivery service shall be provided at central points which are easily accessible from streets and drives in the development, and shall not be so located as to interfere with traffic movement.
(Ord. 3639, passed - -2000)
§ 25-7-30 RECOMMENDATIONS; PLANNING COMMISSION.
The Planning Commission may adopt, by resolution, additional recommended standards of general applicability concerning the design and construction of planned unit developments which are compatible with the intent and purposes of the city’s zoning and subdivision ordinances and comprehensive development plan. Provided, compliance or noncompliance with such recommendations shall not be a factor to be considered by the Commission in granting or denying an application for a special permit for a planned unit development.
(Ord. 3639, passed - -2000)
§ 25-7-31 CONDOMINIUM PROPERTY REGULATIONS; APPLICABILITY; SCOPE; PURPOSE.
(A) Applicability. The regulations in this subdivision (b) of this article apply to real property which:
(1) Is proposed to be developed as a residential planned unit development comprising apartments and common areas; and
(2) Has been, or is to be, subjected to a condominium property regime under the Condominium Property Act or Nebraska Condominium Act.
(B) Scope. With respect to such property, these regulations supersede all other regulations in this article, and in other articles in this chapter, which are in conflict with these regulations, except such other regulations as are specifically applicable to townhouse or cluster housing projects. Except in cases of such conflict, or in situations in which such other regulations clearly are inapplicable (because clearly inappropriate) to property to which the regulations in this subdivision (b) of this article apply, such other regulations, if otherwise applicable, apply, also, to such property.
(C) Purpose. The purpose of the regulations in this subdivision (b) of this article are to permit the planning, construction, and occupancy of residential planned unit developments of the type described above, in accordance with standards for large scale residential developments containing adequate parking facilities, open spaces, recreational facilities, pedestrian walkways, and other amenities which are not required or, as the case may be, permitted under other provisions in this article, or other articles in this chapter.
(Ord. 3639, passed - -2000)
§ 25-7-32 ACCESSORY USES.
A condominium development may contain accessory uses permitted within the zone in which the development is located, providing that commercial uses are so located as to minimize interference with residential or recreational areas within the development, and to avoid creation of traffic congestion or other objectionable influences affecting residences outside the development.
(Ord. 3639, passed - -2000)
§ 25-7-33 CONDOMINIUM PROPERTY REGIME; ESTABLISHED; WHEN.
A condominium property regime shall be deemed to have been established whenever the sole owner or other owners of residential property which is eligible to be subjected to such a regime under the Condominium Property Act or Nebraska Condominium Act shall declare his, her, or their desire so to do in the manner prescribed by the Act. As provided by the Act, such a regime may be established with respect to a project whereby four or more apartments are separately offered or proposed to be offered for sale.
(Ord. 3639, passed - -2000)
§ 25-7-34 SETBACKS; PUBLIC STREET, OTHER VEHICULAR ACCESSWAYS, AND ABUTTING PROPERTY LINE.
(A) Public street. The minimum setback from a publicly dedicated street for all buildings and structures exceeding 42 inches in height in a residential condominium development shall be that which is required in the zone in which such development is located; provided, this restriction shall not apply to construction of a six-foot decorative wall or fence along an arterial highway or other public street in a situation in which such construction is necessary to diminish noise and establish pedestrian traffic-control, if permitted or required by the Planning Commission in connection with issuance of the special permit.
(B) Other vehicular accessways.
(1) The minimum distance between buildings and vehicular accessways, other than publicly dedicated streets, on a condominium development site shall be:
(a) Between vehicular accessway and that portion of a building used for human habitation: ten feet; and
(b) Between travel lanes on vehicular accessway and garage or parking structure: five feet. However, where garages attached or adjacent to the residence building they are to serve are to be constructed, a minimum of 50% of the area of such garages shall set back not less than 20 feet from the curbline, or back of sidewalk, whichever distance is greater.
(2) The distance between uncovered and unenclosed parking spaces and any ground floor area of a building used for human habitation shall not be less than six feet.
(C) Abutting property line. The minimum setback from a property line of abutting property for all buildings 30 feet or less in height, except garages, shall be ten feet. The minimum setback from an interior property line for garages shall be ten feet; provided, such a structure may be constructed at a zero setback if:
(1) The finished grade of the condominium development at the common property line shall not be higher by more than one foot than the finish grade on abutting property;
(2) The wall of such structure constructed along the common property line shall be a full fire separation wall; and
(3) No portion of the structure or architectural features shall project over the common property line.
(Ord. 3639, passed - -2000)
§ 25-7-35 BUILDING SEPARATION.
The minimum distance between buildings on a condominium development site shall be:
(A) Between one-story buildings, front to front: 25 feet. This distance shall be increased by five feet with respect to each story of each building in excess of one story;
(B) Between one-story buildings, rear to rear or rear to front: 20 feet. This distance shall be increased by five feet with respect to each building in excess of one story;
(C) Between one-story buildings, side to front, or side to rear: 15 feet. This distance shall be increased two and one-half feet with respect to each story of each building in excess of one story;
(D) Between one-story buildings, side by side: ten feet. This distance shall be increased by two and one-half feet with respect to each story of each building in excess of one story, or by five feet with respect to each dwelling unit in excess of two stories contained in either one of the structures, whichever distance is greater;
(E) In the case of an obliquely aligned building, the distance specified above may be decreased by five feet at one building corner if increased by an equal or greater distance at the other corner;
(F) Between detached accessory buildings: ten feet; and
(G) Between ground floor area of buildings used for human habitation and detached accessory building: ten feet.
(Ord. 3639, passed - -2000)
§ 25-7-36 FLOOR AREA.
The minimum floor area of an apartment in a condominium development shall be:
Type | Area (Sq. Ft.)
|
One bedroom | 500 |
Two bedroom | 600 |
Three bedroom | 650 |
Four bedroom | 700 |
(Ord. 3639, passed - -2000)
§ 25-7-37 BUILDINGS; SIZE; EXTERIOR DESIGN.
All structures in a condominium development shall conform to the following requirements.
(A) Structures having dwelling units attached side by side shall contain not more than eight apartments and be not more than 200 feet in length.
(B) Structures having apartments attached side by side shall have an off-set in the front building line of not less than two feet for every two dwelling units within the structure.
(C) Not more than three apartments attached side by side shall have rear walls in continuous alignment. The minimum off-set for such walls shall be one foot.
(D) Structures having apartments attached side by side shall provide a variety of heights to minimize the apparent bulk of the structure.
(Ord. 3639, passed - -2000)
§ 25-7-38 OFF-STREET PARKING.
Except for a residential condominium located in a Central Business (C-1) District, a condominium development site shall include, as a minimum the following off-street parking facilities:
(A) Two parking spaces for each apartment. One of such spaces shall be a fully-enclosed garage, which shall be located adjacent to the apartment being served. The minimum inside dimension of all parking spaces shall be ten feet in width and 20 feet in length;
(B) No parking space or stall except a garage, and no driveway shall be closer than six feet to any residential building; and
(C) Guest parking: one parking space for each five apartments. Guest parking shall be distributed throughout the condominium development site. Such parking facilities shall meet, in addition, all of the requirements of §§ 25-5-4 to 25-5-16 of this chapter. Parking on streets, drives, or alleys shall not be used to satisfy any of the requirements of this section.
(Ord. 3639, passed - -2000; Ord. 4152, passed - -2015)
§ 25-7-39 COMMON OPEN SPACE.
A condominium development site shall include common open space for recreational and leisure activities of the occupants of the development aggregating not less than 450 square feet per each apartment or 35% of the total area of the development site, whichever is greater. Common open space does not include public streets, driveways, private yards and patios, parking spaces, parkways, or other areas not primarily designed for recreational or leisure use.
(Ord. 3639, passed - -2000)
§ 25-7-40 TOWNHOUSES; REGULATIONS; APPLICABILITY, SCOPE, AND PURPOSE.
(A) Applicability. The regulations in this subdivision (c) of this article apply to townhouse planned unit developments.
(B) Scope. With respect to such developments, these regulations supersede all other regulations in this article, and in other articles in this chapter, which are in conflict with these regulations, except such other regulations as are specifically applicable to condominium property developments. Except in cases of such conflict, or in situations in which such other regulations clearly are inapplicable (because clearly inappropriate) to townhouse developments, such other regulations, if otherwise applicable, apply also to such developments.
(C) Purpose. The purpose of the regulations in this subdivision (c) of this article is to permit the planning, construction, and occupancy of townhouse developments in accordance with standards for townhouses, and for accessory buildings and lands to which the townhouses are appurtenant, containing adequate parking facilities, open spaces, recreational facilities, pedestrian walkways, and other amenities which are not required or, as the case may be, not permitted under other provisions in this article, or other articles in this chapter.
(Ord. 3639, passed - -2000)
§ 25-7-41 LOTS; AREA.
The minimum area of a lot on which is constructed a townhouse shall be 3,500 square feet; provided, the Planning Commission, at the request of the applicant for a special permit for a townhouse development, may permit townhouses to be construed on lots the area of which is not less than 2,500 square feet, providing the number of dwelling units per acre of land (exclusive of public rights-of-way) does not exceed 12, that not less than 10% of the area (exclusive of front, rear, and side yards, private walkways and driveways, and public street and alleys) be reserved for use as open space.
(Ord. 3639, passed - -2000)
§ 25-7-42 LOT; WIDTH.
The minimum width of a lot on which is constructed a dwelling unit in a townhouse shall be 20 feet.
(Ord. 3639, passed - -2000)
§ 25-7-43 SETBACK; SIDE.
The dwelling unit at each end of the townhouse or, as the case may be, townhouse series shall set back not less than ten feet from the side lot lines; provided, if that lot is a corner lot, the setback shall be not less than 15 feet.
(Ord. 3639, passed - -2000)
§ 25-7-44 FLOOR AREA.
The minimum floor area of a dwelling unit in a townhouse shall be:
Type | Area (Sq. Ft.) |
One bedroom | 500 |
Two bedroom | 600 |
Three bedroom | 650 |
Four bedroom | 700 |
(Ord. 3639, passed - -2000)
§ 25-7-45 BUILDINGS; SIZE; EXTERIOR DESIGN.
All structures in a townhouse development shall conform to the following requirements.
(A) Structures having dwelling units attached side by side shall contain not more than eight dwelling units and be not more than 200 feet in length.
(B) Structures having dwelling units attached side by side shall have an off-set in the front building line of not less than two feet for every two dwelling units within the structure.
(C) Not more than three dwelling units attached side by side shall have rear walls in continuous alignment. The minimum off-set for such walls shall be one foot.
(D) Structures having dwelling units attached side by side shall provide a variety of heights to minimize the apparent bulk of the structure.
(Ord. 3639, passed - -2000)
§ 25-7-46 OFF-STREET PARKING.
Two off-street parking spaces shall be provided within the townhouse development for each dwelling unit in the development. If more than one such space is provided on a lot on which is situated a townhouse, such space shall be set back from the front lot line not less than the front building line.
(Ord. 3639, passed - -2000)
§ 25-7-47 COMMON OPEN SPACES.
A townhouse development site shall include common open spaces for recreational and leisure activities of the occupants of the development aggregating not less than 450 square feet per dwelling unit or 35% of the total area of the development site, whichever is greater. Common open space does not include public streets, driveways, private yards and patios, parking spaces, parkways, or other areas not primarily designed for recreational or leisure use.
(Ord. 3639, passed - -2000)
§ 25-7-48 CLUSTER HOUSING; REGULATIONS; APPLICABILITY, SCOPE, AND PURPOSE.
(A) Applicability. The regulations in this subdivision (d) of this article apply to cluster housing planned unit developments.
(B) Scope. With respect to such developments, these regulations supersede all other regulations in this article, and in other articles in this chapter, which are in conflict with these regulations, except such other regulations as are specifically applicable to condominium property developments. Except in cases of such conflict, or in situations in which such other regulations clearly are inapplicable (because clearly inappropriate) to cluster housing developments, such other regulations, if otherwise applicable, apply also to such developments.
(C) Purpose. The purpose of the regulations in this subdivision (d) of this article is to permit the planning, construction, and occupancy of cluster housing developments by permitting a reduction in yard and density requirements for dwelling units constructed in such a development, compensating therefor by providing open space, including recreational and other common areas, adjacent to each lot in the development, and permitting private pedestrian and vehicular accessways to individual dwelling units.
(Ord. 3639, passed - -2000)
§ 25-7-49 LOTS; AREA.
The minimum area of a lot on which is constructed a cluster housing dwelling unit shall be 4,000 square feet; provided, the number of dwelling units per acre of land (exclusive of public right-of-way) shall not exceed eight.
(Ord. 3639, passed - -2000)
§ 25-7-50 LOT WIDTH.
The minimum width of a lot on which is constructed a cluster housing dwelling unit shall be 40 feet.
(Ord. 3639, passed - -2000)
§ 25-7-51 SETBACK; FRONT.
On cluster housing lots, any structure shall be set back not less than 25 feet from the front lot line.
(Ord. 3639, passed - -2000)
§ 25-7-52 SETBACK; SIDE.
On cluster housing lots:
(A) An attached or unattached dwelling unit having no side yard on one side shall have a side yard of not less than ten feet on the opposite side;
(B) Any dwelling unit having no side yard shall have no openings on that side abutting the lot line unless that side abuts other open space, common ground, or recreational area;
(C) An unattached dwelling unit which has no zero side yards on each side shall have a side yard that averages not less than five feet and, in any event, is not less than three feet, in width between the structure and the lot line; and
(D) An attached dwelling unit may have zero side yards on both sides only if attached on both sides.
(Ord. 3639, passed - -2000)
§ 25-7-53 SETBACK; REAR.
On cluster housing lots, there shall be a rear yard of not less than 15 feet.
(Ord. 3639, passed - -2000)
§ 25-7-54 FLOOR AREA.
The minimum floor area of a dwelling unit in a cluster housing development shall be:
Type | Area (Sq. Ft.) |
One bedroom | 500 |
Two bedroom | 600 |
Three bedroom | 650 |
Four bedroom | 700 |
(Ord. 3639, passed - -2000)
§ 25-7-55 OFF-STREET PARKING.
Two off-street parking spaces shall be provided within a cluster housing development for each dwelling unit. If more than one such space is provided on a lot on which is situated a dwelling unit, such space shall be set back from the front lot line not less than the front building line.
(Ord. 3639, passed - -2000)
§ 25-7-56 MOBILE HOME PLANNED UNIT DEVELOPMENTS; REGULATIONS; APPLICABILITY, SCOPE, AND PURPOSE.
(A) Applicability. The regulations in this subdivision (e) of this article apply to mobile home planned unit developments.
(B) Scope. With respect to such developments, these regulations supersede all other regulations in this article, and in other articles in this chapter, which are in conflict with these regulations. Except in cases of such conflict, or in situations in which such other regulations clearly are inapplicable (because clearly inappropriate) to mobile home planned unit developments, such other regulations, if otherwise applicable, apply also to such developments.
(C) Purpose. The purpose of the regulations in this subdivision (e) of this article is to permit the planning, construction, and occupancy of mobile home planned unit developments in accordance with standards for mobile homes, and for accessory buildings and lands, containing adequate parking facilities, open spaces, recreational facilities, pedestrian walkways, and other amenities which are not required or, as the case may be, not permitted under other provisions in this article, or other articles in this chapter.
(Ord. 3639, passed - -2000)
§ 25-7-57 LOTS; AREA.
Mobile home sites in a mobile home planned unit development which are to be occupied by a “double wide” (20 feet to 24 feet in width) mobile home shall have a site area of 3,800 square feet, and a minimum width of 40 feet. Mobile home sites which are to be occupied by a “single wide” (ten feet to 12 feet in width) mobile home shall have a minimum site area of 2,850 square feet and a minimum width of 30 feet.
(Ord. 3639, passed - -2000)
§ 25-7-58 SITE; AREA; FRONTAGE; DENSITY.
A mobile home planned unit development shall be not less than three acres in area, and shall have a frontage on a dedicated street of not less than 200 feet. The density of a mobile home planned unit development shall not exceed seven dwelling units per gross acre.
(Ord. 3639, passed - -2000)
§ 25-7-59 SETBACKS.
The following minimum yard setbacks shall be maintained in each mobile home planned unit development:
(A) Public street frontage: on that part of a mobile home planned unit development which is adjacent to a major street, a minimum setback of 20 feet shall be maintained. On that part of such development which is adjacent to a secondary street or a street with a lower classification, a minimum setback of 15 feet shall be maintained; and
(B) Interior lot lines: a minimum setback from interior lot lines of ten feet shall be maintained.
(Ord. 3639, passed - -2000)
§ 25-7-60 ACCESSORY BUILDINGS.
All accessory buildings and structures in a mobile home planned unit development shall be:
(A) Located to the rear of the main building;
(B) At least three feet from the rear lot line if the line is a common lot line with an abutting lot;
(C) At least two feet from the interior side lot line and if the lot is a corner lot, the accessory building shall not protrude beyond the mobile home into the front yard abutting the side street; and
(D) Any detached accessory building shall be situated not less than five feet from the mobile home dwelling unit.
(Ord. 3639, passed - -2000)
§ 25-7-61 OFF-STREET PARKING.
Two off-street parking spaces shall be provided on each mobile home unit site.
(Ord. 3639, passed - -2000)
§ 25-7-62 OTHER REQUIREMENTS.
To ensure the residential character of a mobile home planned unit development, and to minimize adverse effects on adjacent properties, the following additional requirements shall be observed.
(A) All tongues, when readily removable, shall be removed when the mobile home is in place. Those not detachable shall be screened by landscaping or other material approved by the Planning and Building Director.
(B) All open areas under a mobile home shall be enclosed by approved skirts or by a combination of skirts and grading, except openings required for cross-ventilation.
(Ord. 3639, passed - -2000)
§ 25-7-63 SPECIAL PERMIT; ZONING MODIFICATIONS.
The Planning Commission may issue a special permit authorizing a planned unit development in Districts R-1a, R-1b, R-2, R-3, R-4, R-6, R-7, O-P, C-1, C-2, C-3, M-1(s), and M-2, and for that purpose, modifying as to that development, as provided in this article, zoning regulations relating to height, setback, area requirements, and other provisions of this chapter which otherwise would apply to the development, if the Commission determines that the requirements of this article are met; provided, the Commission may not issue a special permit for townhouses or cluster housing in Districts O-P, C-1, C-2, C-3, M-1, M-1(s), and M-2.
(Ord. 3639, passed - -2000)
§ 25-7-64 PRELIMINARY PLAN; CONCEPTUAL REVIEW.
(A) A developer, before submitting to the Planning Commission an application for a special permit for a planned unit development, shall present preliminary plans for the development to the City Planner for conceptual review. The developer shall be prepared to outline during the presentation discussion the scope and character of the project.
(B) This presentation shall include, but not be limited to:
(1) A tentative statistical summary of the proposal, including gross site area, net site area, number of each variety of dwelling units, total number of dwelling units, garages and parking spaces, the area devoted to open space, common ground and recreational area, and the proposed traffic circulation system;
(2) A tentative site plan, including a topographical map;
(3) A description of building types;
(4) A tentative staging plan and a general time schedule of expected completion dates of elements of the plan;
(5) A tentative financial plan and description of the intended means of financing any proposed recreational and community facilities;
(6) Size and scope of accessible shopping facilities, if any;
(7) Size and scope of any other community facilities;
(8) Preliminary statement regarding ownership and maintenance of open space, common ground, and recreational areas; and
(9) Changes, if any, of zoning requested.
(Ord. 3828, passed - -2005)
§ 25-7-65 APPLICATION FOR SPECIAL PERMIT; FILING; FEE.
An application for a special permit for a planned unit development, addressed to the Planning Commission, shall be filed with the City Planner after completion of the review by the City Planner of the preliminary plans for development. The application shall be accompanied by a filing and investigation fee as provided in Chapter 6, Article 6 of this code of ordinances. Such application shall be submitted to the City Planner not less than one month prior to the meeting of the Planning Commission at which the special permit application is first to be presented.
(Ord. 3828, passed - -2005)
§ 25-7-66 APPLICATION; FORM; CONTENT.
(A) An application to the Planning Commission for a special permit for a planned unit development shall be signed as required in, and contain the information required by the provisions of this chapter pertaining to applications generally for special permits. To the extent that such information does not include the following, the application also shall include information or, as the case may be, be accompanied by documents, as follows:
(1) A site plan, in six copies, depicting:
(a) The building sites, showing the arrangement and location of all buildings, structures, and improvements proposed and to be retained or constructed, and the gross floor area and ground floor area of each unit and building type. Both existing and proposed off-site improvements shall be included;
(b) The location and design of on-site circulation, including pedestrian ways, on-site parking and location, and loading areas;
(c) The location of all landscaped areas, fences, and trash storage areas and how utility services are to be provided;
(d) Contours at intervals of two feet or spot elevations on a 100-foot grid if the land is approximately flat;
(e) All streets adjoining the development site, and the width of existing and planned right-of-way;
(f) Designation of individual lots if construction of the proposed development is to occur in separate phases, or if such lots are proposed to be sold to individual owners; and
(g) Existing development on adjacent properties within 200 feet.
(2) A landscape plan, including tentative landscape plant schedule, showing the location of existing trees, if any, proposed to be removed and proposed to be retained, and the amount, size, type, and location of landscaped areas, planting beds, and plant materials, including provisions for irrigation;
(3) Two architectural renderings, showing all elevations and floor plans of the proposed buildings and structures as they will appear on completion. All exterior surfacing materials shall be shown on the elevations, including type and color of materials;
(4) Scale drawings of all signs and exterior lighting, showing size, location, materials, colors, copy, and method of illumination. These shall include all light standard specifications;
(5) Preliminary grading plan and drainage plan which will assure that the development will be properly related to the site and to surrounding properties and structures;
(6) Calculations indicating the land area devoted to each use in the planned unit development and its percentage of the total area;
(7) Density of dwelling units per net acre of the total project area;
(8) Number and location of all required parking, including visitor parking, and whether parking is proposed to be covered or open;
(9) A time schedule indicating when construction is to begin, the anticipated rate of development include dates for phase construction, and the approximate completion date;
(10) Adequate drawings describing the system for disposition of sanitary waste and stormwater;
(11) A vicinity map, showing the general arrangement of streets within 1,000 feet of the exterior boundaries of the proposed development site;
(12) A statement describing the provisions made or to be made for the effective care and maintenance of all of the following improvements, if not owned or maintained by the state or a governmental subdivision: streets, drives, sidewalks, and other pedestrian ways; common open spaces (including landscaping thereof), common recreational, and other common areas and spaces; exterior lighting; perimeter or common walls, fences, gates, and hedges; signs; sewer and water mains and appurtenances, including fire hydrants; and other utilities equipment;
(13) Special engineering studies and other soil investigations in the case of a planned unit development which is proposed to be located within a hazard area as defined and delineated in the city’s comprehensive development plan, if required by the Development Services Director; and
(14) Any other drawings or additional information which the Director may determine to be necessary to adequately consider the drawings required by this article and determine compliance with the purposes and intent of the chapter.
(B) The application proper shall be made on a form provided by the Development Services Department.
(Ord. 3639, passed - -2000)
§ 25-7-67 ADDITIONAL DOCUMENTS; CONDOMINIUM PROPERTY.
(A) If the planned unit development site has been, or is proposed to be, subjected to a condominium property regime as provided in the Condominium Property Act or Nebraska Condominium Act, there shall be submitted to the Planning Commission with the application for a special permit for the development:
(1) A copy of the master deed which has been proposed to be recorded in the office of the Register of Deeds, which deed shall include covenants, conditions, and restrictions making provision for the effective care and maintenance of all of the following improvements, if not owned or maintained by the state or a governmental subdivision: streets, drives, sidewalks, and other pedestrian ways; common open spaces (including landscaping thereof); common recreational and other common areas and spaces; exterior lighting; perimeter or common walls, fences, gates, and hedges; signs; sewer and water mains and appurtenances, including fire hydrants; and other utilities equipment. Such covenants, conditions, and restrictions shall include a recital to the effect that they cannot be made less restrictive without the approval of the City Council; and
(2) Attached to the copy of the master deed, a copy of the plans of any building which complies both in form and in content with the requirements of the Condominium Property Act or the Nebraska Condominium Act.
(B) Such master deed and attached plans, if not already recorded in the office of the Register of Deeds, shall be so recorded before a special permit for the planned unit development may issue.
(Ord. 3639, passed - -2000)
§ 25-7-68 ADDITIONAL DOCUMENTS; NON-CONDOMINIUM PROPERTY.
If the planned unit development site has not been, and is not proposed to be, subjected to a condominium property regime under the Condominium Property Act or the Nebraska Condominium Act, there shall be submitted to the Planning Commission with the application for a special permit for the development a set of written covenants, conditions, and restrictions signed and acknowledged by the owner of the site and in such form as to be indexable against the site in the office of the Register of Deeds, which make provision, in a manner analogous to that provided in § 25-7-70 of this article, for the effective care and maintenance of improvements not owned or maintained by the state or a governmental subdivision. Such covenants, conditions, and restrictions, if approved by the Planning Commission, shall be recorded in the office of the Register of Deeds before a special permit for the planned unit developments may issue.
(Ord. 3639, passed - -2000)
§ 25-7-69 CONCURRENT APPLICATIONS.
Applications for approval of a preliminary plat or for zoning ordinance amendments which relate to an application for a special permit for a planned unit development may be submitted concurrently to the Planning Commission and, in the discretion of the Commission, may be considered by it concurrently.
(Ord. 3639, passed - -2000)
§ 25-7-70 ABILITY TO PERFORM; CONSTRUCTION SCHEDULE.
The applicant shall satisfy the Planning Commission of applicant’s ability to carry out the proposed plan, and shall submit a schedule of construction.
(Ord. 3639, passed - -2000)
§ 25-7-71 RECOMMENDATION BY DIRECTOR.
The Development Services Director shall make recommendations to the Planning Commission concerning approval, conditional approval, or denial of a pending application for a special permit for a planned unit development.
(Ord. 3639, passed - -2000)
§ 25-7-72 BOND.
If the Planning Commission finds that a special permit for a planned unit development should issue, it shall fix the amount of a bond to be filed by the owner of the development site with the City Clerk, and by him or her approved, prior to issuance of the permit. The bond shall be executed by the owner and by a corporate surety authorized to do business in the state. The bond shall be payable to the city to reimburse the city for any damage the city may sustain in the event the owner, his or her successors, or assigns shall fail to construct and maintain the planned unit development, or any part thereof, in compliance with the requirements of this article, and with the covenants, conditions, and restrictions required under this article to be recorded, including, but not limited to, reasonable expense the city may incur, whether by or without litigation, in obtaining, or attempting to obtain, compliance by the owner, his or her successors, and assigns, with this article and with such covenants, conditions, and restrictions. The condition of the bond shall be that the owner, his or her successors, and assigns shall construct and maintain the planned unit development in compliance with the requirements of this article, as amended, and with the covenants, conditions, and restrictions recorded with the Register of Deeds as required by such article; otherwise, the bond shall remain in full force and effect.
(Ord. 3639, passed - -2000)
§ 25-7-73 SPECIAL PERMIT; PROVISIONS.
A special permit for a planned unit development may authorize the development to be carried out in accordance with the plan submitted, or with such modifications or conditions, to be specified in the permit, as the Planning Commission shall deem to be necessary to effectuate the purposes of this article. Conditions may include, but shall not be limited to, such matters as the recording of a final plat, easements or other additional covenants or restrictions, or time limits or a sequence of development to be observed.
(Ord. 3639, passed - -2000)
§ 25-7-74 SPECIAL PERMIT; DURATION; BUILDING PERMIT; CONSTRUCTION.
If a special permit for a planned unit development is issued, a building permit must be obtained and construction of the development must begin within one year after the date of issuance of the special permit.
(Ord. 3639, passed - -2000)
§ 25-7-75 SPECIAL PERMIT; RENEWAL.
A special permit for a planned unit development cannot be renewed. However, a new application for such a permit may be submitted to and acted upon by the Planning Commission.
(Ord. 3639, passed - -2000)
§ 25-7-76 SPECIAL PERMIT; TRANSFER.
If ownership of the planned unit development site, or a part thereof, is transferred, the special permit shall be deemed revoked, unless the Planning Commission shall approve transfer of the permit to the successor in interest in the development site. A mortgaging of the development site, or a part thereof, shall not constitute a transfer of ownership within the meaning of this section.
(Ord. 3639, passed - -2000)
§ 25-7-77 CONSTRUCTION; COMPLETION.
The proposed construction shall begin within 12 months after approval of the application by the Planning Commission. A minimum of 50%, in terms of cost, of the total construction (including improvements other than buildings) shown on the approved plan shall be completed within a period of two years following approval; otherwise, approval of the plan will expire. The period of time for completion of the development may be extended from time to time by the Planning Commission, upon showing of good cause by the applicant for the permit.
(Ord. 3639, passed - -2000)
§ 25-7-78 GRADING; NOTICE; INSPECTION; CERTIFICATION.
The permittee or his or her agent shall notify the Code Administrator II of the city when the grading is ready for final inspection. Final approval of the grading shall not be given until all grading work and all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan, and required reports and core samples, if any required, have been submitted. After final inspection and making a determination that the work completed is in accordance with the final approved grading plan, the Code Administrator II shall issue a written certification to that effect.
(Ord. 3639, passed - -2000)
§ 25-7-79 LANDSCAPING; NOTICE; INSPECTION; CERTIFICATION.
The permittee or his or her agent shall notify the Development Services Director when the landscaping is ready for final inspection. Final approval of the landscaping shall not be given until all landscaping work, including installation of all plant material and irrigation system, if any, has been completed in accordance with the final approved landscape plan. After final inspection and making a determination that the work completed is in accordance with the final approved landscape plan, the Development Services Director shall issue a written certification to that effect.
(Ord. 3639, passed - -2000)
§ 25-7-80 OCCUPANCY; PERMIT.
No unit in a planned unit development may be occupied until:
(A) The Development Services Director or his or her authorized agent has inspected the project and found that all conditions of the special permit have been completed with; and
(B) An occupancy permit has been issued by the Director or his or her authorized agent.
(Ord. 3639, passed - -2000)
§ 25-7-81 GENERALLY.
(A) Applicability. The regulations in this subdivision (h) of this article apply to tiny home community planned unit developments.
(B) Scope. With respect to such developments, these regulations supercede all other regulations in this article, and in other articles of this chapter, which are in conflict with these regulations. Except in cases of such conflict, or in situations where such other regulations clearly are inapplicable (because clearly inappropriate) to tiny home community planned unit developments, such other regulations, otherwise applicable, apply also to such developments.
(C) Purpose. The purpose of the regulations in this subdivision (h) is to permit the planning, construction, and occupancy of tiny home community planned unit developments in accordance with standards for tiny houses, and for accessory buildings and lands, containing adequate parking facilities, open spaces, recreation facilities, pedestrian walkways, and other amenities which are not required or, as the case may be, not permitted under other provisions of this article, or other articles in this chapter.
(Ord. 4199, passed - -2016)
§ 25-7-82 DEFINITION OF TINY HOUSE; LOTS; AREA.
(A) A tiny house is a residential structure on a permanent foundation with a minimum of 200 square feet and constructed according to all building and life safety codes. A tiny house on wheels must be licensed as a recreational vehicle under the laws and regulations of the state and then can be placed wherever a recreational vehicle can be placed, however, a tiny house on wheels cannot be lived in year around. To be lived in year around, the tiny house must be taken off wheels and affixed to a permanent foundation.
(B) Tiny house sites in a tiny home community planned unit development must have a site area with a minimum of 2,850 square feet and a minimum width of 30 feet.
(Ord. 4199, passed - -2016)
§ 25-7-83 SITE; AREA; FRONTAGE; DENSITY.
A tiny home community planned unit development shall be not less than three acres in area, and shall have a frontage on a dedicated street of not less that 200 feet. The density of tiny home community planned unit development shall not exceed ten units per gross acre. Provided, however, the city may approve a smaller site if it is part of a redevelopment site and meets the intent of this article.
(Ord. 4199, passed - -2016)
§ 25-7-84 SETBACKS.
The following minimum yard setbacks shall be maintained in each tiny home community planned unit development:
(A) Public street frontage: on that part of a tiny home community planned unit development which is adjacent to a major street, a minimum setback of 20 feet shall be maintained. On that part of such development which is adjacent to a secondary street or a street with a lower classification, a minimum setback of 15 feet shall be maintained; and
(B) Interior lot lines: a minimum setback from interior lot lines of ten feet shall be maintained.
(Ord. 4199, passed - -2016)
§ 25-7-85 ACCESSORY BUILDINGS.
All accessory buildings and structures in a tiny home community planned unit development shall
be:
(A) Located to the rear of the tiny house;
(B) At least three feet from the rear lot line if the line is a common lot line with an abutting lot;
(C) At least two feet from the interior side lot line and if the lot is a corner lot, the accessory building shall not protrude beyond the tiny house into the front yard abutting the side street; and
(D) Any detached accessory building shall be situated not less than five feet from the tiny house.
(Ord. 4199, passed - -2016)
§ 25-7-86 OFF-STREET PARKING.
Two off-street parking spaces shall be provided on each tiny house site.
(Ord. 4199, passed - -2016)
§ 25-7-87 OTHER REQUIREMENTS.
To ensure the residential character of a tiny home community planned unit development, and to minimize adverse effects on adjacent properties, the following additional requirements shall be observed.
(A) Tiny houses shall be affixed to permanent foundations.
(B) Tiny houses must meet all building and life safety codes, minimum square footage requirements, height requirements, including kitchen and bathroom with minimum clearances for all fixtures, and have a fire suppression system suitable for a dwelling unit of its size.
(C) Tiny houses must be connected to utilities with separate water services and sewer services and meters for each tiny house.
(D) A tiny home community planned unit development may be allowable in any residential zone as long as they meet the requirements set forth in this article.
(Ord. 4199, passed - -2016)