*In those instances where public sewers are not provided, all lot area, per dwelling unit, shall equal at least 12,000 square feet.

FOOTNOTES TO SECTION 110-511

(a)

Section 11-512, entitled "subdivision open space plan," governs exceptions as to lot area and density controls. In no instance, however, shall the minimum depth of a lot be less than 110 feet. See section 110-513, lot averaging, and section 110-514, one-family clustering, for other flexibility provisions.

(b)

The side yard abutting upon a street shall not be less than ten feet when there is a common rear yard relationship in such block and a common side yard relationship with the block directly across the common separating street. In the case of a rear yard abutting a side yard of an adjacent lot when a side yard abuts on frontage across a common street, the side yard abutting a street shall not be less than the required front yard of the district. For all uses permitted other than single-family residential, the setback shall equal the height of the main building or the setback required in section 110-173 or 110-511, whichever is greater.

(c)

In the R-M multiple-residential district, the total number of rooms, to be not less than 100 square feet or more (not including kitchen and sanitary facilities), shall not be more than the area of the parcel in square feet, divided by 1,600. All units shall have at least one living room and one bedroom except that not more than ten percent of the units may be of an efficiency apartment type. For the purpose of computing the permitted number of dwelling units per acre, the following room assignments shall control:

Efficiency apartment, two rooms;
One bedroom, two rooms;
Two bedroom, three rooms;
Three bedrooms, four rooms;
Four bedrooms, five rooms.

Plans presented showing one-, two- or three-bedroom units and including a den, library or other extra room shall count such extra rooms as a bedroom for the purpose of computing density. The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or bounding roads. Increases in densities for mid-rise structures are set forth in division 5, article V, of this chapter, special use permits, multiple-family mid-rise and/or senior housing facilities.

(d)

In the R-M multiple residential district, an increase in height restrictions is provided for in division 5, article V, of this chapter, entitled, "special use permits." In the R-M multiple residential district, the minimum building setback to any exterior property line abutting a one-family zoning district or public thoroughfare (other than a freeway) shall not be less than 30 feet, or 1½ times the height of the building, plus one foot for each ten feet of building length adjacent to an exterior property line, whichever is greater. For the purposes of computing exterior building setbacks, the building length includes that distance along the exterior property line resulting from the extension of perpendicular lines from such property which intersect any portion of the building walls when viewed from above. The setbacks to any exterior property abutting any other zoning district or freeway shall not be less than 30 feet or a distance equal to the height of the building, whichever is greater. Parking shall not be located within any minimum yard required which abuts a public thoroughfare other than a freeway. The minimum distance between any two buildings shall be regulated according to the length and height of such building. In no instance shall the distance between two buildings be less than 30 feet. Parking may be permitted within a required side or rear yard which abuts an exterior property line. In no instance shall parking cover more than 30 percent of the area of any required yard, or any minimum distance between buildings. The formula regulating the required minimum yard distance is as follows:

S = LA + LB + 2 (HA + HB) ° 6

S = Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongations of either.

LA = Total length of building A.

The total length of building A is the length of that portion of a wall of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.

LB = Total length of building B.

The total length of building B is the length of that portion of a wall of building B from which, when viewed directly from above, lines drawn perpendicular to building B will intersect any wall of building A.

HA = Height of building A.

The height of building A at any given level is the height above natural grade level of any portion of wall along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion of the wall along the total length of the building.

DISTANCE SPACING FOR MULTIPLE DWELLING

The height of building B at any given level is the height above natural grade level of any portion of a wall along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion of the wall along the total length of the building.

Requirements of this subsection (d) may be modified by the planning commission where the shape of the lot or parcel, or other unique or unusual factors applicable to the particular lot or parcel, make, such requirements unduly burdensome or impractical.

(e)

See definitions under section 110-2, row houses, terraces and other such multiple type structures, shall comply with the floor area requirements under apartments.

(f)

In B-1, B-3 and O-1 districts, no side yards are required, provided that:

(1)

If walls of structures facing interior side lot lines contain windows, or other openings, the minimum yard requirements shall be met.

(2)

Where B-1 and O-1 districts abut R-1, R-2, R-T and R-M districts, the minimum side yard requirement shall be ten feet.

(3)

Where B-3 districts abut R-1, R-2, R-T and R-M districts, the minimum side yard requirement shall be 20 feet.

(4)

In B-1, B-3 and O-1 districts, the minimum side yard requirement shall be met on a corner lot.

(g)

Loading space shall be provided in the rear yard in the ratio of at least ten square feet per front building and shall be computed separately from off-street parking requirements; except in the instance of O-1 districts, loading space shall be provided in the ratio of five square feet per front foot of building. Where an alley exists or is provided at the rear of a building, setback and loading requirements may be computed from the center of such alley.

(h)

The maximum percentage of coverage shall be determined by the use and the provisions of required off-street parking, loading and unloading and required yards.

(i)

Off-street parking shall be permitted to occupy a portion of the required front yard after approval of the parking plan layout and points of access by the planning commission. Any such parking area shall maintain a minimum unobstructed and landscaped setback of five feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest side of existing and/or proposed right-of-way lines, whichever is greater. Proposed rights-of-way are indicated on the major thoroughfare plan.

(j)

In the B-2 district, no side yards are required, provided:

(1)

If walls of structures facing interior side lot lines contain windows, or other openings, the minimum side yard is ten feet.

(2)

Where a B-2 district abuts any residential district, the minimum side yard requirement shall be at least 50 feet.

(3)

In the B-2 district, the minimum side yard requirement on a corner lot shall be 20 feet.

(k)

The rear yard requirement shall apply, except where the B-2 district abuts any residential district, in which case the minimum setback shall be 50 feet.

(l)

In the B-2, B-3 and O-1 districts, building heights may be increased to five stories on sites of two acres or more in size subject to the provisions of the following minimum setback requirements:

(1)

A setback at least equal to one-half the height of the building when abutting any freeway or nonresidential district.

(2)

A setback at least equal to the height of the building when abutting any other public thoroughfare.

(3)

A setback at least equal to two times the building height when abutting any residential district.

(4)

In no instance shall a setback be less than that required in the district in which it is located. In the I-1 and I-2 districts, increased heights are permitted on sites of three acres or more in size, subject to provision of the minimum setback requirements set forth in this subsection (l). In the IRO district, building height is subject to the provision of the minimum setback requirements set forth in this subsection (l).

(m)

A four-foot, six-inch decorative obscuring concrete poured wall, masonry wall with brick veneer facing the residential area, or berm, shall be provided on those sides of the property abutting land zones for residential use.

(n)

The front yard setback may be reduced to 50 feet on internal industrial drives not designated as major thoroughfares on the city master plan. Parking shall be located in the rear yard. Parking shall be permitted in the side yard after approval of the parking plan layout and points of ingress and egress by the planning commission. Similarly, the planning commission may approve limited guest parking in the required front yard, provided that any such parking does not exceed ten percent of that required for the facility or five spaces, whichever is less and is not located closer than 30 feet to any existing or proposed road right-of-way. The planning commission, when approving any point of ingress and egress abutting and/or adjacent to any residentially zoned area, shall determine if any adverse effect may be created. If potential problems appear possible, they shall hold a public hearing, as required for a special use permit, and determine a desirable and reasonable solution to such problems. Also see section 110-741, site plan review. Design alternatives may include, but not be limited to, eliminating access drive and the provisions of berms, etc.

(o)

Loading shall be located in the rear yard except when the planning commission finds that: the loading area is located in the side yard near the rear of the building, it does not face any public thoroughfares or residentially zoned property, it is screened from view from any public thoroughfare or residential district by a decorative masonry screen wall, berm and/or landscape area, and no outside storage of any materials, pallets, etc., is permitted in this area. All open storage, when permitted, shall be located in a rear yard and enclosed by a decorative masonry wall or berm on those sides abutting any residential, office and commercial districts or any other public thoroughfare serving general vehicular movements in the city. In no instance shall any open storage areas or truck terminals be located closer than 300 feet to any residential district. The height of such walls and/or berms shall not be less than six feet and may, depending on land usage, be required to be eight feet in height. The planning commission shall determine the height of such screening devices based on usage, the height of such outdoor storage being restricted essentially to the height of the screening devices. Also see division 4 of article V of this chapter, greenbelts and plant materials, and section 110-744, walls and berms. A chainlink type fence with a 20-foot obscuring greenbelt may be approved by the planning commission when it is found that the type, size and location of such materials will fulfill the obscuring requirements afforded by a wall or berm.

(p)

Off-street parking for visitors, over and above the number of spaces required under section 110-602, may be permitted within a portion of the front yard after approval of the parking plan layout and points of access by the planning commission. Any such parking area shall maintain a minimum unobstructed and landscaped setback of 30 feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest side of existing and/or proposed right-of-way lines, whichever is greater. Proposed rights-of-way are indicated on the major thoroughfare plan.

(q)

Loading space shall not be permitted in a front yard. Loading space shall be provided in accordance with section 110-604.

(r)

No building shall be closer than 75 feet to the other perimeter (property line) of such districts when such property line is adjacent to any residential district. When such transition occurs across a public thoroughfare, the required setback shall be measured from the existing or planned right-of-way, whichever is greater. Furthermore, the setback for any building adjacent to any residential district shall be increased, for any building over 15 feet in height, to provide five feet of horizontal setback for each one foot of vertical height.

(s)

A decorative masonry wall with a ten-foot greenbelt, a berm or a 20-foot obscuring greenbelt shall be provided on those sides of the property adjacent to land zoned for residential use. In any of the preceding instances, such traditional areas shall include deciduous trees, a minimum of ten feet in height at time of planting, placed at least 30 feet on centers along such transitional area. If the yard adjacent to a residential district abuts a public thoroughfare, then the required wall, berm or obscuring greenbelt shall be set back a minimum of 20 feet from the right-of-way line of such thoroughfare. The height of such obscuring screening devices shall not be less than eight feet; provided, however, that the height may be reduced when the transition between industrial and residential occurs across a public thoroughfare or dedicated utility easement which is 250 feet or more in width or other physical features providing significant separation. Such reduction may be permitted, after a public hearing by the planning commission, and it is found that the proposed alteration meets or exceeds the necessary standards and objectives as set forth in this chapter. Also see division 4 of article V of this chapter, greenbelts and plant materials, and section 110-745, walls and berms.

(t)

Limitations on lot coverage involve two basic areas of concern: first, the amount of lot area covered by building and secondly, coverage by open and uncovered improvements such as driveways, walks, patios, decks, etc. For purposes of this section the gross area of a lot excludes any easements set aside for general circulation of vehicles or pedestrians.

(1)

All permitted buildings that involve covered (roofed) buildings/structures or areas are subject to the limitations on maximum percentage lot coverage. Such structures include, but are not necessarily limited to, permitted principal and accessory structures such as: dwellings, attached and detached garages, sheds, garden buildings, greenhouses, gazebos, covered porches and decks and similar types of permitted accessory uses. The aggregate amount of lot area occupied by the foregoing buildings shall not exceed 35 percent of the gross lot area. However, the aggregate amount of lot area occupied by detached accessory buildings/structures shall not exceed 75 percent of the lot area occupied by the principal permitted building. Uncovered decks that provide decking with gaps between the deck boards and are located over ground that is permeable in nature are not subject to the above lot coverage limitations. Similarly, pools without roof structures are also excluded from the above limitations.

(2)

The limitation on lot coverage as set forth above shall also exclude covered and open, uncovered and unenclosed improvements that are primarily at grade, such as: required driveways, sidewalks. Patios, courtyards, playing courts, non required driveways and sidewalks, and other impermeable ground coverings are subject to the following limitations:

a.

In front yards the amount of hard surfacing for driveways shall be proportional in width to the garage doors or up to two feet beyond the garage door(s) opening on each side of the garage, but limited to 20 feet at the sidewalk and 22 feet at the curb. In a situation where a principle garage is located in the rear yard and only a driveway passes through the front yard, the driveway may be widened to accommodate one additional parking space in the front yard area. Sidewalks in the front yard shall provide a direct and convenient approach to the front door and shall not provide expansive hard surfaced improvement that will increase the amount of stormwater runoff.

b.

Hard surfacing in minimum required side yards shall be limited to necessary driveways leading to principle rear yard garages, up to a maximum width of ten feet or pedestrian walk ways up to a maximum width of three feet to access the rear yard area accessory structures unless otherwise provided for herein. A minimum of one foot of permeable surface must be maintained adjacent to the side yard property line.

c.

At least 50 percent of the rear and side yard ground areas shall be maintained in living plant or permeable materials. The provision of planter boxes, urns, etc. on hard surfaced impermeable surfaces shall not be counted in complying with this requirement for open permeable type soils that will facilitate rain water absorption.

d.

Paver products vary significantly in permeability. Factors affecting water runoff include paver material and type, slope, spacing between pavers, degree of compaction under and around pavers, and sealer applications. The majority of paver types are impermeable and contribute to water runoff and will be considered the same as hard surface pavement. Permeable paver applications would be acceptable if the applicant can demonstrate that the pavers are permeable.

(u)

Building heights for mixed use projects where residential uses are proposed above nonresidential uses, may be increased to a maximum of four stories or 44 feet.

(v)

Refer to article III, division 13 for setback requirements.

(w)

An increase in the height of a building from 32 to 35 feet is permitted subject to the following conditions: In the one-family districts the dwelling is located on a lot with not less than 75 feet of width and an area of not less than 8,500 square feet. In the two-family district the minimum width for a two-family dwelling building site shall be at least 85 feet with a minimum lot area of at least 9,300 square feet. Side yard setbacks shall be increased on each side of any such building by one foot for each one foot of increased height permitted. This increase in height in feet does not permit an increase in the number of stories as set forth.

(x)

A 25-foot setback is required for trash storage areas to any lot line abutting a residential district.

(Ord. of 11-1-1967, § 14.1 footnotes; Ord. No. 20-27, § 6, 2-1-1973; Ord. of 10-18-1977, §§ 37—44, 73, 74; Ord. of 10-2-1979, §§ 4—7; Ord. of 2-17-1981, § 1; Ord. of 9-1-1981, § 2; Ord. of 6-16-1987, § 3; Ord. of 2-2-1988, § 3; Ord. of 5-16-1989, § 1; Ord. of 6-20-1989, § 3; Ord. of 8-4-1992, § 9; Ord. of 7-20-1993, §§ 1, 2; Ord. of 9-18-2001(3); Ord. of 10-7-2003(2); Ord. No. 09-080, 6-2-2009; Ord. No. 18-078, 9-4-2018)

The intent of this section is to permit a one-family residential subdivision to be planned as a comprehensive unit, allowing therefor certain modifications to the standards, as outlined in the schedule of regulations, to be made in R-1 and R-2 one-family residential districts when the following conditions are met:

(1)

The lot area in all one-family residential districts may be reduced by ten percent, provided that the population density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required under R-1 and R-2 districts. In accomplishing the ten percent lot reduction, no lot width shall be reduced by more than five feet. All calculations shall be predicated upon these one-family districts having the following number of dwelling units per acre:

R-1 = 3.84 dwelling units per acre.
R-2 = 4.36 dwelling units per acre.

(2)

For each square foot of land gained, under the provisions of subsection (1) of this section, within a residential subdivision, through the reduction of lot size below the minimum requirements as outlined in the schedule of regulations, equal amounts of land shall be dedicated to the subdivision. These dedications shall be either rights in fee or easement, and retained as open space for parks, recreation and related uses. All lands dedicated in fee or easement shall meet the requirements of the city council.

(3)

The area to be dedicated for public park and recreation purposes only shall in no instance be less than five acres, and shall be in a location and shape approved by the planning commission in reviewing the proposed subdivision plat. Such land shall be so graded and developed as to have natural drainage.

(4)

In approving the application of subdivision open space plan technique, the planning commission must be cognizant of the following objectives:

a.

To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, topography and similar natural assets.

b.

To encourage developers to use a more creative approach in the development of residential areas.

c.

To encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs, and by allowing the developer to bypass natural obstacles in the site.

(5)

This plan for reduced lot sizes shall only be permitted if it is mutually agreeable to the council and the subdivider or developer.

(6)

Under this open space approach, the developer or subdivider shall dedicate the total park area (see subsection (2) of this section at the time of filing of the final plat on all or any portion of the plat).

(Ord. of 11-1-1967, § 14.2)

The intent of this section is to permit the subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in this article for each one-family residential district. If this option is selected, the following conditions shall be met:

(1)

In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area greater than ten percent below the area or a lot width greater than five feet below that required in this article, and shall not create an attendant increase in the number of lots.

(2)

The technique of averaging minimum lot size shall be acceptable only in those instances wherein the entire preliminary plat, which has received city council approval, is carried through a final plat and is then recorded in its totality. Recording of portions of a preliminary plat shall not be acceptable under this option.

(3)

All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.

(Ord. of 11-1-1967, § 14.3; Ord. of 10-18-1977, § 45)

(a)

Intent; required site characteristics. The intent of this section is to provide an alternative means for developing R-1 and R-2 one-family residential properties which possess certain physical and functional characteristics. These alternatives may permit modifications to the development standards as set forth in section 110-511. Utilization of this concept shall involve properties which front a major or secondary thoroughfare and shall not serve to preclude a normal continuity of interior local residential streets and/or utility arrangements. In approving an area for cluster housing, the planning commission shall find that the site also possesses at least one of the following characteristics:

(1)

The site basically parallels the thoroughfare and has a relatively shallow depth which would result in an excessive number of curb cuts to such thoroughfare if developed in a conventional plat.

(2)

The site is basically perpendicular to the thoroughfare but is relatively narrow, which makes conventional platting inefficient and undesirable.

(3)

The site contains unusual angles forming its boundaries, which makes conventional platting undesirable and impractical.

(4)

The site has a substantial proportion of its perimeter bordering nonresidential zoning districts, high-density residential uses, and/or land uses of a nature which would result in a more desirable development through use of the cluster option.

(5)

The site contains vegetation, floodplain, poor soils and/or topographic conditions which would be integrated into a cluster housing development plan more effectively and desirably than through development utilizing a conventional platting procedure.

The planning commission, in its evaluation process, shall consider existing and potential development in the area and the reasonableness of the request from the standpoint of established and acceptable principals of land use planning. Developers who plat or divide parcels of land and leave parcels of vacant land adjacent to major and secondary thoroughfares with the intent of seeking cluster housing shall submit a concept plan therefor to the planning commission for review and discussion prior to completing any final plans for the plat or land divisions. The intent of providing the cluster option is to provide for desirable residential development on problem parcels of land existing at the time of adoption of this option, or for portions of larger tracts which may reasonably and desirably coordinate with development of a conventional plat. This option shall not apply to those parcels of land which could have been reasonably and desirably developed through use of a conventional platting procedure.

(b)

Density. Maximum densities permitted within cluster developments are as follows:

R-1 District—3.84 dwelling units per acre.
R-2 District—4.36 dwelling units per acre.

These density factors include all land devoted to private interior driveways and circulation routes. When the site contains wetlands, floodplains or other unbuildable acres, a maximum of 25 percent of such unbuildable area may be included in the computations for density purposes.

(c)

Dwelling unit requirements. Utilization of the cluster option provides greater flexibility in grouping dwelling units and achieving more optimum development of problem site areas. Under this section, the attaching of at least two but not more than four dwellings shall be permitted subject to the requirements of this section. However, it is also necessary to provide some variation between dwelling units and also provide some visual and functional open space adjacent to each of the dwelling units. It is, therefore, required that each dwelling unit shall:

(1)

Have no more than 75 percent of the length of any exterior wall of a living unit in common with the garage or any other portion of an adjacent dwelling unit.

(2)

Not have common walls with a garage or any other portion of an adjacent dwelling unit on more than two exterior walls of any one dwelling unit.

(3)

Provide at least a six-foot variation in building setback between two adjoining dwellings along any common building facade. This offset may be achieved by a varied setback between separate living units or between the living unit and garage when attachments occur through common garage walls.

(4)

Have a maximum overall length on one general axis of not more than 160 feet.

The planning commission, in reviewing the site plan, may deviate slightly from these standards provided the proposed site plan complies with the basic spirit and intent of providing individuality, together with visual and functional open space, for each of the dwelling units.

(d)

Yard, height, floor area and garage requirements. Yard, height, floor area and garage requirements are as follows:

(1)

A setback of at least 25 feet shall be provided between any living area, garage and required parking area and any public thoroughfare right-of-way line. Access drives/driveways which approximately parallel a public thoroughfare shall not be located in the required 25-foot setback along such thoroughfare.

(2)

The minimum setback between any living areas and garages and the edge of interior access drives serving a limited number of dwelling units shall be 20 feet. This setback shall be increased to 25 feet on access drives which collect traffic from more numerous dwellings and/or has continuity through the development.

(3)

The minimum main building setback to exterior property lines immediately abutting single-family zoning districts shall be 35 feet, unless a greater setback is required by the following formula which reflects the length and height of buildings:

S = L + 2H ° 3

S—Required setback.

L—Length of building which is determined by measuring the total distance along an exterior property line which would be intersected by perpendicular lines extended from a building when viewed from above. Minimum setbacks shall be measured from the closest point of a building to the exterior property line for the building which have reasonably consistent setbacks over a length of the building. Buildings which have a varied setback resulting in a continuously increasing setback when moving from one end of the building to the other may use the average setback of the building, provided that not more than 25 percent of the building length may be located within the required setback. In no instance shall the building be located closer than 35 feet to any exterior property line.

H—Height of building is the difference between the mean finished grade elevation and the mean height of the building.

The minimum main building setback to exterior property lines abutting other than single-family districts is 35 feet. The minimum setback to exterior property lines for an accessory building is ten feet, unless the preceding formula requires a greater setback when abutting a single-family zoning district.

(4)

The minimum spacing between buildings is regulated according to the length and height of buildings as set forth in the formula presented in footnote (subsection) (d) of section 110-511. The 30-foot minimum spacing between the ends of buildings may be reduced to 15 feet when the ends of such buildings contain no doors or windows; half windows serving bathrooms being excluded.

(5)

The minimum required floor area for a dwelling unit in the R-1 district is 1,200 square feet and 950 square feet in the R-2 district. Each dwelling unit shall be furnished with an attached one-car garage.

(6)

A maximum building height of two stories and 25 feet shall be permitted for dwelling units.

(e)

Review and approval procedures. Review and approval procedures are as follows:

(1)

In order to achieve greater understanding between the city and the developer, it is suggested that a preliminary discussion of a potential project be requested prior to the preparation of a detailed site plan. Such a review should include a statement of how the developer feels the project qualifies under the preceding requirements and an explanation of the development concepts being proposed.

(2)

Based upon the review and discussion of these items, the planning commission will be able to provide a preliminary indication as to whether they feel the project will qualify. The applicant should also gain added insight into site planning concerns of the planning commission if the project appears appropriate.

(3)

A preliminary indication by the planning commission that the project may qualify does not ensure final approval of the site plan. It does, however, provide the applicant with an indication of the planning commission's position in the matter.

(f)

Additional site plan review considerations. Submission of an application for a cluster project shall require the following:

(1)

Submission and consideration of all data as required in section 110-741, site plan review.

(2)

A statement and explanation by the applicant as to how the proposed project complies with the qualification requirements for a cluster project.

(3)

The site plan shall be keyed to permit identification of the specific locations of dwelling units with reference to their floor plans and building elevations.

(4)

Off-street parking requirements are those for one-family dwellings. The stacking of required parking spaces, one behind another, shall not be permitted.

(5)

Any outside parking and/or dumpster area provided on the site shall be subject to the screening requirements of section 110-745, walls and berms.

(6)

The site plan shall be arranged to provide consideration of physical and visual relationships between the proposed dwellings, their outside living space, and to adjacent uses. Consideration shall be given to the retention and enhancement of natural features which afford transitional features.

(7)

At least two deciduous or evergreen trees having a caliper of at least 2½ inches shall be provided for each dwelling unit. Existing trees may be considered as meeting this requirement, or portions, when it is found they are distributed about the site in a manner which will complement the site appearance and complement each of the dwellings.

(8)

Points of vehicular ingress and egress to adjacent public streets shall be kept to the minimum. The location of such access points shall be considered with respect to other street and drive locations in the area and proper sight distances. Internal circulation patterns shall be arranged to permit reasonable and proper access by emergency vehicles. Separation of vehicular and pedestrian traffic will be related to traffic flows. The installation of sidewalks will be related to the size and arrangement of the proposed development. Public sidewalks will be required along abutting public thoroughfares. Private sidewalks will be required on at least one side of internal drives serving as collector routes; in larger projects, this may be expanded to include both sides of such main drives. Private sidewalks may also be required along secondary drives serving more limited numbers of dwelling units. The planning commission shall make the determination for sidewalks based upon a review of all pedestrian walkways in the development, potential pedestrian travel patterns, size of projects and comments by the applicant.

(9)

Approval of a site plan shall be effective for a period of one year. Failure to obtain a building permit within this period of time, and failure to commence construction as required, shall result in cancellation of the approval. Failure to complete reasonable progress on the project during any 12 consecutive months will also cancel the approval. Under either of these conditions, it will be necessary to seek reapproval of the plan by the planning commission. Changes to the site or building plans will also require reapproval by the planning commission.

(Ord. of 11-1-1967, § 14.4; Ord. of 5-16-1989, § 2)

The term recreational and/or utility equipment shall include: travel trailers, utility trailers, tent campers, antique and classic cars or other such items, motor homes, boats, snowmobiles, all terrain vehicles, motorcycles, motorbikes, racing vehicles/boats, horse trailers, personal watercraft, rafts, floats and items of a similar nature. Above items shall also include related trailers and equipment that cannot be practically stored inside a building. Any such vehicles and/or equipment shall be operable, currently registered status and shall be stored in a neat and orderly arrangement. In addition, none of the preceding items shall be construed to include the outdoor storage of any commercial or industrial equipment or supplies; such items are expressly excluded from outside storage on residential property. For purposes of this section recreational equipment or a "unit" shall count a boat with its own trailer as one unit as would two or more snowmobiles or jet skis on a trailer designed for their transportation. Individual snowmobiles and/or ATV's stored out of doors off a trailer shall be counted as individual units except during short periods of time during loading or repair activities. The parking and/or storage of permissible vehicles or equipment on residentially zoned property and outside of a legally established and fully enclosed garage or accessory building shall be subject to the following requirements:

(1)

The temporary parking of any such vehicle when it is in the active state of being loaded or unloaded may be allowed on a hard surfaced driveway area, in a front yard, for a period of up to 48 hours. It is also possible to provide basic maintenance and/or minor repairs to such vehicles or equipment provided any such activities not exceed more than ten days in any 12 consecutive months. However, any such parking shall not encroach into any public right-of-way or otherwise present an obstruction to proper visibility between vehicles and/or pedestrians in the area and thereby create a hazardous situation to the general public health, safety and welfare.

(2)

At no time shall any such vehicle be used for living or housekeeping purposes and shall not be connected to any utility for such purposes.

(3)

The outside storage of any such vehicle or equipment beyond that provided for purposes of loading/unloading or maintenance/minor repairs is permitted in the side and rear yards subject to the following requirements:

a.

The storage of one vehicle or piece of equipment may be permitted in a side yard provided that the yard is sufficiently wider than required and the unit may then be stored in a nonrequired side yard provided it does not abut a public street. It is also required that any such vehicle and/or equipment not exceed six feet in height.

b.

Storage in a rear yard is subject to compliance with all requirements applicable to an accessory building. For purposes of computing maximum percentage of rear yard lot coverage any such outside storage shall be considered as a structural area; however, in no instance shall the number of vehicles/units stored outside exceed two except as provided in subsection c. below.

c.

On lots or parcels of one acre or more in size the owner may store up to four recreational/utility units out of doors provided the following conditions are met:

1.

All such units shall be located in the rear yard or nonrequired side yard provided it does not abut a public street.

2.

All such units shall be owned by the resident of the parcel.

3.

Such units shall comply with all setbacks for accessory buildings.

4.

The storage of more than two vehicles shall require the added units to be screened from adjacent properties by an obscuring greenbelt or six-foot privacy fence of a manufactured nature.

d.

In the case of multiple-family types of development, duplexes or mobile home parks any such vehicle/equipment shall be stored within an area approved by the planning commission for such storage and including any screening necessary to obscure the storage area from adjacent residentially zoned property.

e.

The outside storage of any vehicle or equipment in a side or rear yard shall be stored and maintained in such a manner as to avoid their attracting or harboring rodents or other animals, or the creation of safety hazards in violation of building or safety codes. To this end any such storage area shall provide a ground surface area that considers the above concerns, permits permeation of surface water and thereby minimize increases in stormwater run-off.

f.

Any such outdoor storage shall be considered as a structure for purposes of computing the maximum percentage of lot coverage as established in section 110-511, Limiting height, bulk, density and area by land use, or exceed two such items, whichever is less.

(Ord. of 8-3-2004(2))