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Shawnee City Zoning Code

CHAPTER 17

30 - USE REGULATIONS—RHR RESIDENTIAL HIGH RISE 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.


17.30.005 - Statement of Intent.

The intent of the RHR (Residential High Rise) district is to provide high density residential living in buildings of three (3) stories or more.

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

In the RHR zoning district the uses permitted by right and allowed by special use permits of the Governing Body are listed in Chapter 17.51, Table of General Uses.

17.30.020 - Permitted Accessory Uses.

In the RHR district, 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 17.30.030(D) and (E) are met;

D.

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

E.

The following uses for tenants of the building: office and lobby for administration of building, laundry room for use of occupants, one (1) apartment with or without kitchen facilities for the use of a manager or custodial employees and family. Also included shall be game, recreation or meeting rooms;

F.

The following facilities for the use of residents of the development and approved with the rezoning of the property within a building containing one hundred (100) or more dwelling units, such facilities to have no exterior exits or entrances, except emergency exits:

1.

Schools of general instruction,

2.

Offices, professional, governmental and business,

3.

Restaurants, cabarets or motion picture theaters,

4.

Retail and service facilities.

17.30.030 - Additional Use Regulations.

In the RHR 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.

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

G.

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

H.

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

I.

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

(Ord. 3419, 2022)

17.30.040 - Height and Area Regulations.

The height and area regulations in the RHR zoning district are as follows:

A.

Maximum height: Unrestricted, however must be at least three (3) stories.

B.

Minimum lot area: At least eight hundred (800) square feet per dwelling unit.

C.

Minimum lot width: One hundred (100) feet along a public street or platted private street.

D.

Minimum yard setback requirements:

1.

Front yard: Twenty-five (25) feet.

2.

Rear yard: Thirty-eight (38) feet for the first six (6) stories, and an additional six (6) feet for each additional story, or six (6) feet for each ten (10) feet over sixty (60) feet in height, whichever is greater.

3.

Side yard: Twenty-eight (28) feet for the first six (6) stories, and an additional six (6) feet for each additional story, or six (6) feet for each ten (10) feet over sixty (60) feet in height, whichever is greater, provided the total measurement of the side yards is no less than sixty (60) feet.

17.30.050 - Floor Area and Open Space Regulations.

Floor area ratio:

Six-story: 1.20

Seven-story: 1.33

Eight-story: 1.47

Nine-story: 1.60

Ten-story: 1.73

Eleven-story: 1.83

Twelve-story or more: 2.00

A.

Open Space Ratio. Usable open space shall be twenty percent (20%) of the gross floor area of the residential portion of the building. Every part of a required yard or usable open space shall be open to the sky, except those ordinary projections of sills, belt courses, roof overhangs, window air-conditioning units, chimneys, cornices, cantilevers and ornamental features which may project to a distance not to exceed thirty-six (36) inches into a required yard or usable open space.

B.

Bonus for Additional Open Space. The maximum floor area ratio may be increased by one-tenth ( 1/10 ) for each one-tenth ( 1/10 ) that the open space ratio is increased above the required minimum.

C.

Yard Setbacks for Buildings. Required side and rear yards shall be increased over that required for six (6) story buildings by six (6) feet for each additional story over six (6) stories or each ten (10) feet of height over sixty (60) feet, whichever requires the greater side or rear yard. The required front yard shall be increased so that no parts of the building, except those permitted to project into required yards, will penetrate an imaginary plane with its base along the centerline of fronting streets and inclined upward at sixty (60) degrees from the horizontal. Open balconies may project into and occupy no more than twenty-five percent (25%) of the area of the increased yards required by this section.

D.

Awnings. Movable awnings may be placed over doors or windows in any required yard, but such awnings shall not project closer than two (2) feet to any lot line or be vertically supported.

E.

Building Groups. A lot may be occupied by a group of two (2) or more buildings, when such buildings are arranged around a court; provided, that such court between buildings that are parallel or within forty-five (45) degrees of being parallel shall have a minimum width of fifty (50) feet and in no case may such buildings be closer to each other than fifteen (15) feet.

F.

Court Yards. Where a court is more than fifty percent (50%) surrounded by a building, the minimum width of the court shall be at least sixty (60) feet. The width of such a court shall be increased by three (3) feet for each additional story over six (6) stories or each ten (10) feet of height over sixty (60) feet, whichever requires the greater width of court.