The R-2, multi-family residential district is designed to permit residential use of land with various types of multiple dwellings and related uses. For good accessibility, this district shall be located adjacent to arterial and/or collector roads as described in chapter 38 of this Code. Public water and sewer shall be required for all new duplex, triplex, townhouse, and multi-family apartment developments.

Any developments in this district shall be designed to complement adjacent existing, or planned single-family developments. Various types and sizes of residential accommodations, for ownership or rental, would thereby be provided to meet the needs of the different age and family groups in the community without overtaxing existing community facilities, utilities or services.

It is also the intention of this section to provide areas of sufficient size and allowing reasonable flexibility in design and orientation for the establishment of a structure or group of structures which include multiple dwellings designed in a planned unit development of more than one building on a given site. The requirements of area, height, bulk, and placement regulations, as they are usually applicable to individual buildings and individual lots of record would in certain cases of large scale development have results affording less protection to the public health, safety and welfare than if a measure of flexibility were permitted. The permitting of these planned unit developments as special and particular land uses can, in certain cases, increase the desirability and convenience to the residents or occupants of the planned unit development without causing adverse effects on adjoining properties. This type of development will permit a creative approach to residential development. A planned unit development will provide for an efficient use of land potentially resulting in more economical networks of streets and utilities thereby lowering housing and other land development costs as well as enhancing the appearance of neighborhoods through the preservation of natural features and the provision of recreation areas and open space.

In creating this zoning district the county intends to encourage home ownership; increase the variety of dwelling types in the housing market; and allow for innovative uses of real property which may not be suitable for development for other kinds of residential uses.

(Ord. of 12-2-2002, § 70-196; Ord. of 6-24-2025)

(a)

Single-family detached dwellings, except manufactured or mobile homes.

(b)

Duplexes.

(c)

Apartments (multi-family dwellings).

(d)

Townhouses.

(e)

Condominiums.

(f)

Patio houses.

(g)

Zero-lot-line houses.

(h)

Other high-density residential developments.

(i)

Residential planned unit development.

(j)

Temporary emergency construction and repair residences.

(k)

Accessory buildings or uses customarily incidental to any of the permitted uses, when located on the same lot and not involving any business, profession, trade or occupation, provided that all accessory buildings shall conform and be located as required in section 70-84 of this Code.

(l)

Churches, provided that the proposed site for a church is not less than three acres, and a complete site development plan is submitted with the application for a building permit.

(m)

Home occupations.

(n)

Gardens.

(o)

Recreational facilities.

(p)

Community clubs.

(q)

Accessory commercial uses permitted. The following commercial establishments may be permitted as customary accessory uses in a planned residential development in this district provided such uses do not occupy a total of more than ten percent of the area of the development; are located a minimum distance of 100 feet from any adjoining property line, street, or highway right-of-way; and are intended for the convenience of, and for service to the occupants of the development.

(1)

Laundry and dry cleaning establishments or pick up stations for dry cleaning and laundry concerns; beauty shops; barber shops; and similar personal service businesses.

(2)

Retail store intended for the convenience of, and for service to the occupants of the development.

(3)

Coin operated vending machines provided such are located within a building and are not visible from the street or adjoining property lines.

(4)

The planning commission may recommend to the board of commissioners approval of other uses when in its judgment the proposed use will not conflict with the intent of this article or other county ordinances and is appropriate to a residential development.

(r)

Family personal care home (two to four residents).

(Ord. of 12-2-2002, § 70-197; Ord. of 7-26-2011(2); Ord. of 3-27-2018, pt. 5)

(a)

Public cemeteries provided that a complete site development sketch is submitted with the application. The proposed site must be at least five acres and have an adequate buffer.

(b)

Nursery schools, kindergartens or day care facilities provided that all state licensing requirements are met.

(c)

Privately owned outdoor recreational facilities such as golf and country clubs, swimming or tennis clubs and similar uses.

(d)

Family personal care home (five to six residents).

(Ord. of 12-2-2002, § 70-197; Ord. of 3-27-2018, pt. 6)

* Each lot shall have at a minimum a 30-foot-wide access to a public road.

(1)

Lot length shall not be more than four times the lot width.

(2)

This height limitation shall not apply to grain elevators, silos, windmills, elevator legs, cooling towers, water towers, chimneys and smokestacks, or church spires.

(3)

The minimum distance between buildings on separate lots shall be 20 feet.

(4)

All new roads in this district shall be curb and gutter roads as specified in chapter 38 of the Code.

(5)

All new roads in this district shall directly connect to existing, paved, public roads.

(6)

Developments in this district shall only access arterial and/or major collector streets as defined in the land development chapter of the Code.

(Ord. of 12-2-2002, § 70-199; Ord. of 6-24-2025)

Editor's note— Ord. of 6-24-2025, adopted June 24, 2025, amended the title of § 70-199 to read as herein set out. The former § 70-199 title pertained to single-family and duplex developments.

Editor's note— Ord. of 6-24-2025, adopted June 24, 2025, repealed § 70-200, which pertained to townhouse, condominium, and apartment developments and derived from Ord. of 12-2-2002, § 70-200, adopted December 2, 2002; Ord. of 7-26-2011(2), adopted July 26, 2011.

R-2

(1)

Approval. Approval of a PUD shall be as a conditional use per chapter 70 of this Code.

(2)

Ownership. There shall be unified control/ownership of the entire PUD site. Prior to final approval of the development plan, evidence of unified control/ownership of the entire PUD site shall be submitted to the planning commission. In addition, an agreement shall be submitted to the planning commission by all owners of the proposed PUD site, which includes their commitment to:

a.

Proceed with the proposed development in accordance with the PUD plans as submitted, and such other conditions, requirements, and safeguards as may be established by the county commission granting the rezoning.

b.

Provide agreements and deed restrictions acceptable to the county commission for completion of such development according to plans approved and for the maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained by the county, pursuant to written agreement.

c.

To notify and bind their successors in title in writing of any obligations or commitments made by the owner in their petition for PUD approval.

d.

All plans approved shall be reviewed as a form of commitment to execute the development precisely, and only as submitted to and ultimately accepted and approved by the county commission. No variations, changes, departures or exceptions to the approved plans shall be permitted except through the formal amendment process.

e.

After a PUD in this district has received formal approval, no use shall be made of a PUD site except that which had been approved as a result of the application or the continuation of uses that existed at the time of the application.

f.

All new roads in this district shall be curb and gutter as specified in chapter 38 of this Code and shall directly connect to existing paved public roads.

g.

The transfer of ownership of individual properties in the planned unit development may be made only after a final plat has been approved and recorded and with the said properties subject to private deed covenants that will assure the continuance of the planned unit development as originally approved and developed.

(3)

All planned unit developments shall be connected to public water and sewer.

(4)

Planned unit developments per this section shall only access arterial and/or major collector streets as defined in the land development chapter of this Code.

(5)

Parking.

a.

A minimum of two paved off-street parking spaces constructed in compliance with chapter 38 of this Code, shall be provided for each individual dwelling unit.

b.

Each dwelling unit in this district on a subdivided lot shall have its own parking spaces with direct access to a public road. Parking spaces and driveways are permitted in the front yard of a lot if a setback of 35 feet from the right-of-way is maintained and the front yard is properly graded and stabilized with landscaping.

c.

All parking facilities shall be constructed according to the requirements of chapter 38 of this Code.

(6)

General requirements. These requirements apply to R-2 planned unit developments. The development plan submission for each PUD shall include the elements identified within chapter 38 of this Code. Additionally, the development plan shall include the following elements.

a.

The development plan shall specify a phasing plan for the overall development and proposed amenities. The phasing plan for amenities shall correspond with the overall development phasing schedule and shall provide for the reasonable completion of amenities to maximize enjoyment by residents.

b.

The following site development characteristics shall be determined and set in the approved development plan:

1.

List of proposed land uses and a summary table of gross land area dedicated to each proposed land use, including open space.

2.

Minimum and maximum density including total number of residential units broken down by type.

3.

Minimum lot area(s), if applicable.

4.

Minimum lot width(s), if applicable.

5.

Proposed building setbacks.

6.

Proposed maximum structure height(s).

7.

Layout of lots, streets, and any other infrastructure serving the development, including bicycle and pedestrian facilities.

8.

Summary of proposed parking, both off-street and on-street, broken down by land use.

9.

Open space plan. For planned unit developments incorporating multi-family residential dwellings, a portion of the open space shall be conveniently located to the multi-family dwellings and designated for recreational or leisurely use by residents.

10.

Location, size and/or amount of buffers, screening landscaping and tree save areas.

11.

Spacing and species of street trees to be installed.

12.

Statement of maintenance plan for common areas, landscaping, signage, etc.

13.

Optional development-specific architectural designs.

14.

Optional sign plan showing location, size and design of any permanent signage.

15.

Any other proposed site-specific prescription(s) deemed necessary for the development of the site.

c.

Projects shall meet the following design requirements:

1.

Residential driveways and/or parking pads shall be a minimum of 25 feet in length between the garage and sidewalk or back of curb (where sidewalks are not present).

2.

Streets shall be designed as a hierarchy of street types in an interconnected pattern:

i.

Interconnecting sidewalks with a minimum width of five feet shall be installed on both sides of all streets. A walking trail with a minimum width of eight feet may be installed in lieu of sidewalks along one side of major neighborhood streets where the installation of sidewalks is unnecessary or impractical, as determined by the planning department.

ii.

Streets shall terminate at other streets within the development and shall be stubbed out at the edge of the project site to provide linkages with future development. Connections shall be made to street stub outs on adjacent parcels. The use of dead-end streets and culs-de-sac should be minimized. Compliance with this requirement shall not result in dead end streets without provisions for the turn-around of large vehicles like buses and garbage trucks and shall include either a cul-de-sac or T-type turnaround in compliance with chapter 38.

3.

Street trees shall be planted on both sides of all streets (except alleys).

i.

Street trees shall be planted within a street tree planting area with a minimum width of six feet, either between the back of the curb and the sidewalk, or between the sidewalk and the building.

ii.

Required street trees shall be installed prior to the issuance of a certificate of occupancy for the building to which the street trees closely relate.

iii.

Existing tree canopy along streets may substitute for the installation of street trees as approved by the planning department.

4.

Roadway design and stormwater standards shall adhere to the county's development standards, regardless of public or private ownership.

5.

A minimum of ten percent of the usable project area shall be permanently allocated to open space.

i.

A portion of the required open space shall be centrally located within the development.

ii.

Stormwater infrastructure may not be counted toward the required open space, unless designed as part of a low-impact system that utilizes bio-swales and natural recharge areas.

iii.

Utility easements may not be counted toward the required open space, unless utilized as part of a common trail network or other amenity.

6.

No more than four individual dwelling units shall be built in a row having the same building line. In setting forth this requirement, the county intends to discourage that creation of long unbroken lines of dwelling units, the required minimum offset in the building line shall be three feet. A row or group of dwelling units shall not exceed 250 feet in length.

7.

The site development characteristics prescribed by the approved development plan associated with a planned unit development conditional zoning approval shall override any conflicting standards for site development otherwise established in the Lee County Code of Ordinances. Any site development characteristics not prescribed in the approved plans for a planned unit development shall be subject to the minimum standards of the Lee County Code of Ordinances.

(Ord. of 12-2-2002, § 70-201; Ord. of 6-24-2025)

Editor's note— Ord. of 6-24-2025, adopted June 24, 2025, amended the title of § 70-201 to read as herein set out. The former § 70-201 title pertained to planned unit development.

Editor's note— Ord. of 6-24-2025, adopted June 24, 2025, repealed § 70-202, which pertained to open space requirements and derived from Ord. of 12-2-2002, § 70-202, adopted December 2, 2002.

Private vehicular access drives not maintained by the county throughout the development shall meet all county road and street requirements.

(Ord. of 12-2-2002, § 70-203)

All parking and loading in developments in this district shall meet all off-street parking and loading requirements of this chapter and be constructed in accordance with chapter 38 of this Code.

(Ord. of 12-2-2002, § 70-204)

(a)

No rezoning of property to R-2 will be effected until preliminary development plans have been reviewed and approved by the board of commissioners for the proposed site.

(b)

A petition for rezoning land in this district shall be submitted to the county planning office the same as with any zoning request.

(c)

A written statement to accompany the zoning application must contain the following:

(1)

An explanation of the character of the development.

(2)

A statement of present ownership of all land included within the development.

(3)

A general indication of the expected schedule of development.

(d)

Required plans. A preliminary development plan or conceptual development plan shall be submitted by the applicant with the initial rezoning application. Zoning approval without a preliminary development plan shall be conditioned on such plan being submitted and approved. The preliminary development plan shall include all of the following information:

(1)

A preliminary site plan at a scale not less than 1″ = 200′, depicting all existing masses of trees and other natural features including the topography of the land. A preliminary solution of all storm drainage needs shall be included.

(2)

The location and grouping of all uses and the amount of area for each, plus preliminary utility service plans.

(3)

The tentative location of each residential density district, the number of residential units proposed for each density district, their general location, proposed lot designs and district lines. Tentative floor plans and exterior elevations, which need not be the result of final architectural decisions but which shall adequately describe the development, shall also be included.

(4)

A preliminary vehicular and pedestrian circulation system including driveways, walkways, loading areas, parking areas including the number of parking spaces, and streets to be dedicated.

(5)

A system of open space and recreational uses in residential projects with estimates of acreage to be dedicated for public use and that to be retained in common ownership.

(6)

A draft of the declaration by which the use, maintenance and continued protection of the development and any of its common open space areas shall be submitted.

(7)

A development schedule indicating the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin, the anticipated rate of development, the approximate dates when the stages in the development will be completed and the area and location of common space that will be provided at each stage.

(e)

The planning commission shall review and make recommendation to the board of commissioners for approval of the preliminary development plan. In reviewing a development site plan in this district, the planning commission shall consider the following criteria, to the extent relevant in each case, in evaluating the merits and purpose of a multi-family development. Individual lots, buildings, streets and parking areas should be designed and situated to:

(1)

Minimize alteration of the natural features and topography.

(2)

Minimize the adverse effects of noise and traffic on off-site residents.

(3)

Allow for proper and adequate access for fire fighting purposes and access to service areas to provide garbage and waste collection and for other emergency and accessory services.

(4)

Achieve a compatible relationship between development and the land as well as with adjacent developments and land.

(5)

The proposed development should not adversely affect the orderly development of the county.

(6)

The proposed development shall accomplish the objectives and shall meet the standards and performance criteria as outlined in this article.

(f)

Final development plan. Following the approval of the preliminary development plan, the applicant shall, within six months, submit to the planning commission a final development plan containing in final form the information required in the preliminary development plan. The planning commission shall review and approve the final development plan to see that it is in compliance with the preliminary development plan. the planning commission may approve changes in the final development plan which comply with the following criteria:

(1)

The revised plan contains the same or a fewer number of dwelling units or structures and/or floor area, or

(2)

The open space is in the same general location and in the same general amount, or a greater amount, or

(3)

The buildings have the same or less number of stories and/or floor area, or

(4)

The roads and drives follow approximately the same course.

(g)

Final approval. No building permits shall be issued until the approval process is complete and all necessary plans, drawings, specifications and other required data have been submitted and approved. No construction may commence until the entire approval process is completed and appropriate permits issued.

(Ord. of 12-2-2002, § 70-205; Ord. of 7-26-2011(2))