23 - USE REGULATIONS—PSF PLANNED SINGLE-FAMILY DISTRICT
Sections
NOTE: Included herein are provisions adopted by Ord. 2975, 2010; Ord. 3064, 2013; Ord. 3131, 2015; Ord. 3143, 2015; Ord. 3154, 2016; Ord. 3175, 2016; and Ord. 3213, 2018.
Development in a PSF (Planned Single Family) zoning district shall be limited to detached single-family units and nonresidential uses of a religious, cultural or recreational character.
In the Planned Single-Family zoning district, the uses permitted by right and allowed by special use permit are listed in Chapter 17.51, Table of General Uses for the R-1 zoning district.
In the Planned Single-Family district, permitted accessory uses shall be as follows:
A.
Keeping not more than one (1) transient boarder or roomer;
B.
Accessory loading;
C.
Accessory parking;
D.
The following private structures: garages, tool sheds, tennis courts, swimming pools, recreational structures and other similar structures, provided conditions outlined in Section 17.23.040(F) and (G) are met;
E.
Storing not more than one (1) of each of the following: unoccupied camper, trailer or boat;
F.
Home occupations, as allowed by Chapter 17.66;
G.
Temporary structures for storage of equipment and materials used in conjunction with construction of a lawfully authorized nonresidential use located on the property not to exceed two (2) years.
In the Planned Single-Family district, additional use regulations shall be as follows:
A.
Distance requirements for the keeping and sheltering of animals and storage of other odor or dust producing substance shall be as prescribed in SMC 6.08.020.
B.
No smokestack utilized in agricultural operations shall exceed the height regulations authorized in this title.
C.
Public utility rights-of-way, substations, pumping stations, and municipal and civic buildings shall be housed in structures that harmonize with the character of the neighborhood, and where adjoining residential zones shall have a buffer of fifty (50) feet except that the Planning Commission may reduce the width of buffer areas where local conditions deem such reduction to be reasonable. Buffer areas shall be adequately screened in accordance with Chapter 17.74 and shall be subject to performance standards procedure and site plan approval by the Planning Commission.
D.
In addition to the particular requirements listed for any use by special permit, the Governing Body may require, where reasonable or appropriate, fences and other safety devices, landscaping, screening, access roads and buffer areas as required.
E.
Buffer areas of fifty (50) feet shall be required for special permit uses, with the exception of home occupations requiring a special permit; however, the Governing Body may reduce the width of buffer areas where local conditions and substitute protection for neighboring properties is reasonably indicated. Buffer areas shall always be landscaped, screened, and maintained in harmony with the landscaping and natural growth in the neighborhood.
F.
Tool sheds, utility sheds, playhouses and greenhouses that are not considered permanent structures under the currently adopted building code are permitted, provided they are located in the rear yards, and are not located closer than five (5) feet of any side yard or rear plot line, or within any platted building setback line. These structures shall be located at least fifteen (15) feet from the principal building. Refer to Section 17.60.010(C) for maximum size requirements for accessory structures.
G.
Private tennis courts, swimming pools, and similar private recreational structures shall be located in the rear yard and shall not be located within any platted building setback, and shall be a minimum of ten (10) feet from all other plot lines. Outdoor lighting fixtures shall be set back from plot lines a distance equal to the height of the light fixture pole and shall provide directional shielding to prevent any direct illumination of adjoining properties.
H.
Day care homes and group day care homes shall complete fire safety inspections prior to requesting a special use permit. Additionally, the required play areas shall be fenced.
I.
Co-Living Groups and Rooming Houses are prohibited in the PSF District.
(Ord. 3419, 2022)
The zoning of land to the Planned Single-Family zoning district designated in Shawnee shall be for the purpose of encouraging and requiring orderly development at a quality level generally equal to or exceeding that commonly found in projects developed under conventional zoning, but permitting deviations from the normal and established development techniques. The use of planned zoning procedures is intended to encourage large-scale developments, efficient development of small tracts, innovative and imaginative site planning, conservation of natural resources, and minimum waste of land. The following are specific objectives of the planned zoning districts:
A.
Planned single-family developments are building sites that are planned as an integrated unit or cluster on property under unified control or ownership at the time the zoning was approved by the City. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or potions thereof from complying with the development standards that were committed to at the time of rezoning. The submittal by the developer that approval by the City of development plans represents a firm commitment by the developer that the development will indeed follow the approved plans in concept, intensity of use, aesthetic levels and quantities of open space.
B.
Planned single-family residential developments should be designed in a manner that will produce more usable open space, better recreational opportunities, and safer and more attractive neighborhoods than under conventional zoning and development techniques.
C.
The developer may be given latitude in using innovative techniques in the development of land not feasible under application of conventional zoning requirements.
D.
Planned single-family residential development zoning may also be appropriate to be used as infill development on vacant lots currently zoned R-1, but do not contain the required frontage to be split into two (2) developable lots.
A.
No individual residential building lot shall be created that has direct access to an arterial street. Each lot shall have direct access to a public or private street, constructed to public street standards of the City.
B.
Each dwelling shall be located on either a public or private street, or permanent open space or common yard, or outer court not less than fifty (50) feet wide.
C.
Sidewalks built to City specifications shall be provided along all public and private streets.
D.
All individual buildings or structures, other than single-family detached dwellings, shall be separated by a minimum distance of twenty (20) feet.
Open space shall be provided in all Planned Single Family residential subdivisions. The minimum amount of open space dedicated on the plat shall be the difference in square feet between the size of each lot less than nine thousand (9,000) square feet and the actual size of each lot. The open space shall be usable by the subdivision residents and shall provide amenities. However, the open space in subdivisions less than ten (10) acres in size shall be developed with amenities where practical. In all cases, subdivisions exceeding ten (10) acres in size shall provide amenities in the open spaces. The applicant shall provide in the narrative statement information regarding the amenity package, and the proposed phasing of the amenities. If the developer proposes a modification to the original phasing, any such modification must be considered and approved by the Planning Commission. Larger subdivisions will be expected to provide a wider variety of amenities.
A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit. Additional parking, to include separate parking for visitors, or accessory equipment such as boats, trailers or recreational vehicles, may be required by the Planning Commission if deemed necessary to meet projected usage. Parking facilities shall be provided for all large open space areas containing amenities such as swimming pools and tennis courts. Parking requirements for other uses allowed in this zoning district shall be as designated in Section 17.70.030 of the zoning regulations.
In order to protect the integrity of a development, and when deemed necessary to provide protection to the adjacent properties, the Planning Commission may require landscaped areas and screening as part of a planned unit development. The Planning Commission may determine the most appropriate type and location of screening deeded necessary to protect adjacent properties. If so required by the Planning Commission, a screening and landscaping plan shall be submitted to the director of planning for approval prior to the issuance of any building permit within a parcel of a planned unit development. Landscape plans shall show the location, species of plant material, and the size of the plant material. Screening plans shall include typical details of fences, berms, and plant material to be used. Landscape easements will be expected to be provided along designated arterials and major collector streets.
A.
Setback Requirements:
1.
Front yard: twenty-five (25) feet; however, one (1) required front yard setback on a corner lot may be noted on the plat as a side yard setback and may be twenty (20) feet in width, provided it is not adjacent to a platted front yard setback greater than twenty (20) feet.
2.
Rear yard: Thirty (30) feet.
3.
Side yard: Seven (7) feet.
B.
Minimum lot area. The Planned Single-Family district provides the opportunity to create lots which generally are smaller than in traditional zoning districts. However, the design of the lots shall take into consideration the surrounding developments. Additionally, the number of lots meeting the minimum lot area calculation will be expected to be small, with most lots in excess of minimum standards. The minimum lot area in the planned single-family zoning district shall be six thousand six hundred (6,600) square feet. Lots adjacent to other residential zoning districts will be expected to be larger, providing a transition area within the planned single family subdivision.
C.
Minimum lot width. A variety of lot widths will be expected to be provided in the Planned Single-Family residential district. Lot width measurements in the Planned Single-Family district are calculated at the property line, except for those lots created in the ball of a cul-de-sac, where the lot width is measured at the building line. No greater than one-third (⅓) of the lots within the subdivision shall have a lot width between sixty (60) and sixty-five (65) feet along a public or platted private street. Additionally, at least one-third (⅓) of the lots shall have a lot width exceeding seventy (70) feet, along a public or private public street.
D.
The maximum height requirements in the Planned Single Family zoning district is forty-five (45) feet, with a maximum of three (3) stories in height.
E.
Minimum size: four (4) acres. The Planning Commission may recommend the creation of a planned single-family zoning district containing less than four (4) acres for the infill development of an existing R-1 zoned tract that does not contain the required frontage requirements in the R-1 zoning district to be split into two (2) developable lots.
F.
Residential Density. The overall residential density of Planned Single-Family developments shall not exceed five (5) dwelling units per net acre. The density is figured subtracting the areas located in street rights-of-way included in the plat.
G.
Maximum ground coverage per individual building parcel shall not exceed fifty percent (50%) for housing.
H.
Floor Area. The minimum ground floor area for a one-story single-family detached home shall be one thousand one hundred (1,100) square feet; the minimum for a one-and-a-half-story and two (2) or more story single-family detached dwelling shall be seven hundred (700) square feet. The total minimum floor area for any dwelling unit shall be one thousand one hundred (1,100) square feet, upon approval of the planned single-family residential development. The floor area ratio shall be .5 for single-family detached dwellings.
A.
The uses permitted in any planned single family zoning district, shall be those noted in Section 17.23.020.
B.
At the time of preliminary plat approval, the applicant may propose, or the City may require, that a phasing plan be submitted setting forth the timing and sequencing of development among various types of uses or subgroups of uses or buildings in the development.
C.
The applicant shall submit for consideration dwelling elevations proposed to be used in the subdivision. The elevations shall contain the square footage of each proposed residence. No greater than twenty percent (20%) of the homes constructed within the subdivision shall be of the same elevation. It is expected that each elevation shall vary in styles as well as design. At least forty percent (40%) of the elevations shall indicate the use of brick or stone, and a similar number of residences in the subdivision shall be required to provide these building materials.
D.
The front of a dwelling shall not face upon the rear of another, unless approved by the Planning Commission as part of the plan.
E.
As a general rule, the density or intensity of residential land uses shall be as set forth in these regulations; provided, however, that as long as the overall density of the development does not exceed the density otherwise permitted for a parcel of that size, taking into consideration standard street patterns and right-of-way requirements, the density of portions of the development may vary from that otherwise applicable to the subdivision as a whole. In determining whether or not to allow the density of development to be varied, the Planning Commission and Governing Body shall give consideration to the following:
1.
The amount, location and characteristics of the site proposed for development;
2.
The location and physical characteristics of the site proposed for development; and
3.
The location, design and type of dwelling units and other uses.
F.
As a condition of preliminary plat approval, the Planning Commission or Governing Body may require that the developer provide for and establish an agency for the ownership and maintenance of any common open space and may require assurance of financial and administrative ability of such agency. The City may give notice to the owners of property in the subdivision to maintain open spaces and amenities within a specified period of time. If such maintenance is not completed the City, in order to preserve the taxable value of the property within the subdivision may enter upon said common space and perform all duties of the agency until the agency shall again assume its obligations. All costs incurred by the City shall be assessed equally against the properties, excepting common areas and/or open spaces in the entire subdivision and shall become a tax lien on said properties
G.
At the time of final plat approval, the Planning Commission may apply the provisions of this chapter to the planned development and, upon the acceptance of the Governing Body, the filing of the final development plan (plat) with the register of deeds shall constitute the effective dedication of easements, rights-of-way, access control, and the equivalent of an alternate for the platting of land prior to the issuance of building permits for the planned development.
H.
The design of all Planned Single Family developments shall be such that access and circulation by fire-fighting equipment and other emergency vehicles is assured and may not be retarded by steep grades, heavy landscaping or building spacing. Development of a Planned Single-Family—Age Restricted district shall be limited to detached single family homes, and uses provided as amenities such as health clubs, club houses and pools for the use and enjoyment of the residents of the subdivision.
23 - USE REGULATIONS—PSF PLANNED SINGLE-FAMILY DISTRICT
Sections
NOTE: Included herein are provisions adopted by Ord. 2975, 2010; Ord. 3064, 2013; Ord. 3131, 2015; Ord. 3143, 2015; Ord. 3154, 2016; Ord. 3175, 2016; and Ord. 3213, 2018.
Development in a PSF (Planned Single Family) zoning district shall be limited to detached single-family units and nonresidential uses of a religious, cultural or recreational character.
In the Planned Single-Family zoning district, the uses permitted by right and allowed by special use permit are listed in Chapter 17.51, Table of General Uses for the R-1 zoning district.
In the Planned Single-Family district, permitted accessory uses shall be as follows:
A.
Keeping not more than one (1) transient boarder or roomer;
B.
Accessory loading;
C.
Accessory parking;
D.
The following private structures: garages, tool sheds, tennis courts, swimming pools, recreational structures and other similar structures, provided conditions outlined in Section 17.23.040(F) and (G) are met;
E.
Storing not more than one (1) of each of the following: unoccupied camper, trailer or boat;
F.
Home occupations, as allowed by Chapter 17.66;
G.
Temporary structures for storage of equipment and materials used in conjunction with construction of a lawfully authorized nonresidential use located on the property not to exceed two (2) years.
In the Planned Single-Family district, additional use regulations shall be as follows:
A.
Distance requirements for the keeping and sheltering of animals and storage of other odor or dust producing substance shall be as prescribed in SMC 6.08.020.
B.
No smokestack utilized in agricultural operations shall exceed the height regulations authorized in this title.
C.
Public utility rights-of-way, substations, pumping stations, and municipal and civic buildings shall be housed in structures that harmonize with the character of the neighborhood, and where adjoining residential zones shall have a buffer of fifty (50) feet except that the Planning Commission may reduce the width of buffer areas where local conditions deem such reduction to be reasonable. Buffer areas shall be adequately screened in accordance with Chapter 17.74 and shall be subject to performance standards procedure and site plan approval by the Planning Commission.
D.
In addition to the particular requirements listed for any use by special permit, the Governing Body may require, where reasonable or appropriate, fences and other safety devices, landscaping, screening, access roads and buffer areas as required.
E.
Buffer areas of fifty (50) feet shall be required for special permit uses, with the exception of home occupations requiring a special permit; however, the Governing Body may reduce the width of buffer areas where local conditions and substitute protection for neighboring properties is reasonably indicated. Buffer areas shall always be landscaped, screened, and maintained in harmony with the landscaping and natural growth in the neighborhood.
F.
Tool sheds, utility sheds, playhouses and greenhouses that are not considered permanent structures under the currently adopted building code are permitted, provided they are located in the rear yards, and are not located closer than five (5) feet of any side yard or rear plot line, or within any platted building setback line. These structures shall be located at least fifteen (15) feet from the principal building. Refer to Section 17.60.010(C) for maximum size requirements for accessory structures.
G.
Private tennis courts, swimming pools, and similar private recreational structures shall be located in the rear yard and shall not be located within any platted building setback, and shall be a minimum of ten (10) feet from all other plot lines. Outdoor lighting fixtures shall be set back from plot lines a distance equal to the height of the light fixture pole and shall provide directional shielding to prevent any direct illumination of adjoining properties.
H.
Day care homes and group day care homes shall complete fire safety inspections prior to requesting a special use permit. Additionally, the required play areas shall be fenced.
I.
Co-Living Groups and Rooming Houses are prohibited in the PSF District.
(Ord. 3419, 2022)
The zoning of land to the Planned Single-Family zoning district designated in Shawnee shall be for the purpose of encouraging and requiring orderly development at a quality level generally equal to or exceeding that commonly found in projects developed under conventional zoning, but permitting deviations from the normal and established development techniques. The use of planned zoning procedures is intended to encourage large-scale developments, efficient development of small tracts, innovative and imaginative site planning, conservation of natural resources, and minimum waste of land. The following are specific objectives of the planned zoning districts:
A.
Planned single-family developments are building sites that are planned as an integrated unit or cluster on property under unified control or ownership at the time the zoning was approved by the City. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or potions thereof from complying with the development standards that were committed to at the time of rezoning. The submittal by the developer that approval by the City of development plans represents a firm commitment by the developer that the development will indeed follow the approved plans in concept, intensity of use, aesthetic levels and quantities of open space.
B.
Planned single-family residential developments should be designed in a manner that will produce more usable open space, better recreational opportunities, and safer and more attractive neighborhoods than under conventional zoning and development techniques.
C.
The developer may be given latitude in using innovative techniques in the development of land not feasible under application of conventional zoning requirements.
D.
Planned single-family residential development zoning may also be appropriate to be used as infill development on vacant lots currently zoned R-1, but do not contain the required frontage to be split into two (2) developable lots.
A.
No individual residential building lot shall be created that has direct access to an arterial street. Each lot shall have direct access to a public or private street, constructed to public street standards of the City.
B.
Each dwelling shall be located on either a public or private street, or permanent open space or common yard, or outer court not less than fifty (50) feet wide.
C.
Sidewalks built to City specifications shall be provided along all public and private streets.
D.
All individual buildings or structures, other than single-family detached dwellings, shall be separated by a minimum distance of twenty (20) feet.
Open space shall be provided in all Planned Single Family residential subdivisions. The minimum amount of open space dedicated on the plat shall be the difference in square feet between the size of each lot less than nine thousand (9,000) square feet and the actual size of each lot. The open space shall be usable by the subdivision residents and shall provide amenities. However, the open space in subdivisions less than ten (10) acres in size shall be developed with amenities where practical. In all cases, subdivisions exceeding ten (10) acres in size shall provide amenities in the open spaces. The applicant shall provide in the narrative statement information regarding the amenity package, and the proposed phasing of the amenities. If the developer proposes a modification to the original phasing, any such modification must be considered and approved by the Planning Commission. Larger subdivisions will be expected to provide a wider variety of amenities.
A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit. Additional parking, to include separate parking for visitors, or accessory equipment such as boats, trailers or recreational vehicles, may be required by the Planning Commission if deemed necessary to meet projected usage. Parking facilities shall be provided for all large open space areas containing amenities such as swimming pools and tennis courts. Parking requirements for other uses allowed in this zoning district shall be as designated in Section 17.70.030 of the zoning regulations.
In order to protect the integrity of a development, and when deemed necessary to provide protection to the adjacent properties, the Planning Commission may require landscaped areas and screening as part of a planned unit development. The Planning Commission may determine the most appropriate type and location of screening deeded necessary to protect adjacent properties. If so required by the Planning Commission, a screening and landscaping plan shall be submitted to the director of planning for approval prior to the issuance of any building permit within a parcel of a planned unit development. Landscape plans shall show the location, species of plant material, and the size of the plant material. Screening plans shall include typical details of fences, berms, and plant material to be used. Landscape easements will be expected to be provided along designated arterials and major collector streets.
A.
Setback Requirements:
1.
Front yard: twenty-five (25) feet; however, one (1) required front yard setback on a corner lot may be noted on the plat as a side yard setback and may be twenty (20) feet in width, provided it is not adjacent to a platted front yard setback greater than twenty (20) feet.
2.
Rear yard: Thirty (30) feet.
3.
Side yard: Seven (7) feet.
B.
Minimum lot area. The Planned Single-Family district provides the opportunity to create lots which generally are smaller than in traditional zoning districts. However, the design of the lots shall take into consideration the surrounding developments. Additionally, the number of lots meeting the minimum lot area calculation will be expected to be small, with most lots in excess of minimum standards. The minimum lot area in the planned single-family zoning district shall be six thousand six hundred (6,600) square feet. Lots adjacent to other residential zoning districts will be expected to be larger, providing a transition area within the planned single family subdivision.
C.
Minimum lot width. A variety of lot widths will be expected to be provided in the Planned Single-Family residential district. Lot width measurements in the Planned Single-Family district are calculated at the property line, except for those lots created in the ball of a cul-de-sac, where the lot width is measured at the building line. No greater than one-third (⅓) of the lots within the subdivision shall have a lot width between sixty (60) and sixty-five (65) feet along a public or platted private street. Additionally, at least one-third (⅓) of the lots shall have a lot width exceeding seventy (70) feet, along a public or private public street.
D.
The maximum height requirements in the Planned Single Family zoning district is forty-five (45) feet, with a maximum of three (3) stories in height.
E.
Minimum size: four (4) acres. The Planning Commission may recommend the creation of a planned single-family zoning district containing less than four (4) acres for the infill development of an existing R-1 zoned tract that does not contain the required frontage requirements in the R-1 zoning district to be split into two (2) developable lots.
F.
Residential Density. The overall residential density of Planned Single-Family developments shall not exceed five (5) dwelling units per net acre. The density is figured subtracting the areas located in street rights-of-way included in the plat.
G.
Maximum ground coverage per individual building parcel shall not exceed fifty percent (50%) for housing.
H.
Floor Area. The minimum ground floor area for a one-story single-family detached home shall be one thousand one hundred (1,100) square feet; the minimum for a one-and-a-half-story and two (2) or more story single-family detached dwelling shall be seven hundred (700) square feet. The total minimum floor area for any dwelling unit shall be one thousand one hundred (1,100) square feet, upon approval of the planned single-family residential development. The floor area ratio shall be .5 for single-family detached dwellings.
A.
The uses permitted in any planned single family zoning district, shall be those noted in Section 17.23.020.
B.
At the time of preliminary plat approval, the applicant may propose, or the City may require, that a phasing plan be submitted setting forth the timing and sequencing of development among various types of uses or subgroups of uses or buildings in the development.
C.
The applicant shall submit for consideration dwelling elevations proposed to be used in the subdivision. The elevations shall contain the square footage of each proposed residence. No greater than twenty percent (20%) of the homes constructed within the subdivision shall be of the same elevation. It is expected that each elevation shall vary in styles as well as design. At least forty percent (40%) of the elevations shall indicate the use of brick or stone, and a similar number of residences in the subdivision shall be required to provide these building materials.
D.
The front of a dwelling shall not face upon the rear of another, unless approved by the Planning Commission as part of the plan.
E.
As a general rule, the density or intensity of residential land uses shall be as set forth in these regulations; provided, however, that as long as the overall density of the development does not exceed the density otherwise permitted for a parcel of that size, taking into consideration standard street patterns and right-of-way requirements, the density of portions of the development may vary from that otherwise applicable to the subdivision as a whole. In determining whether or not to allow the density of development to be varied, the Planning Commission and Governing Body shall give consideration to the following:
1.
The amount, location and characteristics of the site proposed for development;
2.
The location and physical characteristics of the site proposed for development; and
3.
The location, design and type of dwelling units and other uses.
F.
As a condition of preliminary plat approval, the Planning Commission or Governing Body may require that the developer provide for and establish an agency for the ownership and maintenance of any common open space and may require assurance of financial and administrative ability of such agency. The City may give notice to the owners of property in the subdivision to maintain open spaces and amenities within a specified period of time. If such maintenance is not completed the City, in order to preserve the taxable value of the property within the subdivision may enter upon said common space and perform all duties of the agency until the agency shall again assume its obligations. All costs incurred by the City shall be assessed equally against the properties, excepting common areas and/or open spaces in the entire subdivision and shall become a tax lien on said properties
G.
At the time of final plat approval, the Planning Commission may apply the provisions of this chapter to the planned development and, upon the acceptance of the Governing Body, the filing of the final development plan (plat) with the register of deeds shall constitute the effective dedication of easements, rights-of-way, access control, and the equivalent of an alternate for the platting of land prior to the issuance of building permits for the planned development.
H.
The design of all Planned Single Family developments shall be such that access and circulation by fire-fighting equipment and other emergency vehicles is assured and may not be retarded by steep grades, heavy landscaping or building spacing. Development of a Planned Single-Family—Age Restricted district shall be limited to detached single family homes, and uses provided as amenities such as health clubs, club houses and pools for the use and enjoyment of the residents of the subdivision.