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Shawnee City Zoning Code

CHAPTER 17

26 - USE REGULATIONS—RGA RESIDENTIAL GARDEN APARTMENT DISTRICT*

Sections

Prior history: Prior code appendix A (Art. 11)

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.


17.26.005 - Statement of Intent.

The intent of the RGA (Residential Garden Apartment) district was to provide quality apartment development with emphasis on open space and access to light and air. The district provides the residents with the convenience of multi-family living and the amenities generally available to low density residential development. Although property remains zoned RGA, use of the district ended in 1986, with the exception of small tracts less than four (4) acres using this option. Since 1986, multifamily residential projects have been developed as Planned Mixed Residential.

17.26.010 - Uses Permitted by Right and by Special Use Permit of the Governing Body.

In the RGA zoning district, the uses permitted by right and allowed by special use permit are listed in Chapter 17.51, Table of General Uses.

17.26.020 - Permitted Accessory Uses.

In the RGA district, the permitted accessory uses shall be as follows:

A.

Accessory loading;

B.

Accessory parking;

C.

The following private structures: garages, tool sheds, tennis courts, swimming pools, recreational structures and other similar structures; provided conditions outlined in Section 17.26.030(D) and (E) are met;

D.

Temporary structures for storage of equipment and materials used in conjunction with construction of a lawfully authorized use located on the property not to exceed two (2) years;

E.

Amenities for multiple-family dwellings may include:

1.

Office and lobby for administration of dwelling,

2.

Laundry room for use of occupants,

3.

One (1) house or apartment with or without kitchen facilities for the use of a manager or custodial employees and family,

4.

Coin-operated vending machines,

5.

Amusement and sports facilities including:

a.

Swimming pool,

b.

Children's playground,

c.

Tennis or other game courts,

d.

Game, recreation or meeting rooms.

17.26.030 - Additional Use Regulations.

In the RGA district, the additional use regulations shall be as follows:

A.

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 the 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.

B.

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.

C.

Buffer areas of fifty (50) feet shall be required for special permit uses; 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.

D.

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 yard and 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.

E.

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 setback 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.

F.

Individual sewage disposal systems and water systems shall not be permitted.

G.

No home occupations shall be permitted in multiple-family dwellings.

H.

Adequate storage facilities for equipment, toys, luggage and other property of tenants and necessary for maintenance of the multiple-family dwelling shall be provided.

I.

Adequate general storage areas in addition to auto parking requirements set forth in Section 17.70.030(B).

J.

Co-Living Groups and Rooming Houses are prohibited in the RGA District.

(Ord. 3419, 2022)

17.26.040 - Minimum Dwelling Size and Design Requirements.

In the RGA district, the following minimum dwelling size and design requirements shall apply:

A.

The minimum floor area per dwelling unit for a multiple-family dwelling shall be:

1.

Efficiency unit, four hundred fifty (450) square feet;

2.

One-bedroom, five hundred fifty (550) square feet;

3.

Two-bedroom, six hundred fifty (650) square feet;

4.

Three-bedroom, seven hundred fifty (750) square feet;

B.

In addition to required yards, where a multiple-family dwelling adjoins a nonresidential district zone, the use 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;

C.

In addition to yard and buffer requirements, every multiple-family dwelling shall provide usable open space equal to twenty percent (20%) of the gross land area of the plot. Courts shall be deemed part of the usable open space and shall comply with the requirements set forth in the additional bulk regulations;

D.

Minimum lot area for each multiple-family development shall be ten thousand (10,000) square feet and shall have a minimum depth of one hundred (100) feet.

17.26.050 - Height and Area Regulations.

The height and area regulations are as follows:

A.

Maximum height requirement: The maximum height requirement in the RGA zoning district is forty-five (45) feet, with a maximum of three (3) stories in height.

B.

Minimum lot area: the minimum lot area in the RGA district is three thousand three hundred thirty-three (3,333) square feet per unit for a triplex, two thousand five hundred (2,500) square feet per unit for a multiple-family dwelling, and ten thousand (10,000) square feet for all other permitted uses.

C.

Minimum plot width: the minimum plot width is one hundred (100) feet along a public street or platted private street.

D.

Minimum yard setback requirements:

1.

Front yard: Thirty (30) feet for residential uses, and thirty-five (35) feet for all other uses, provided no building which is within one hundred (100) feet of a front plot line at any point shall occupy more than one hundred twenty-five (125) feet of a plot width measured at a uniform distance parallel to the front plot line.

2.

Rear yard: Thirty-five (35) feet for all uses.

3.

Side yard: Fifteen (15) feet for residential uses, and fifteen (15) feet for other uses, provided other uses both side yards together must be forty (40) feet. However, no principal residential building shall be closer to any other principal residential building on the same plot than the heights of the taller of the two (2) buildings.