[Ord. No. 4238 §2(303.0), 10-3-1988; Ord. No. 4297 §1, 11-6-1989; Ord. No. 4335 §2, 6-4-1990; Ord. No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A. Intent
And Purpose. The purpose of this district is to protect and conserve
areas of predominantly low density, detached single-family residences
by requiring all construction to be compatible with the height, bulk
and setback characteristics of surrounding and adjacent residences.
B. Permitted
Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this
Chapter.
C. Conditional
Uses. The listing of conditional uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
D. Use
Regulations.
1. Lot Size. Every lot shall have an area of not less than fifteen thousand
(15,000) square feet, except that if a lot has less area than herein
required and the plat thereof has been duly recorded prior to the
date of passage of this Chapter, such lot may be used for a single-family
dwelling.
For uses other than dwellings, the lot area shall be adequate to provide the yard required by this district and the off-street parking required by Article
VI of this Chapter.
2. Yards.
a. Front Yard.
(1)
There shall be a front yard having a depth of not less than
forty (40) feet, unless forty percent (40%) or more of the frontage
on the same side of the street as the subject property between the
two (2) nearest intersecting streets is improved with buildings which
have a front yard line having a variation in depth of not more than
six (6) feet, in which case no building shall project beyond the average
front yard so established, but this regulation shall not be interpreted
to require a front yard of more than seventy-five (75) feet.
(2)
Where lots have a double frontage, the required front yard shall
be provided on both streets. The orientation of the structure accommodating
the primary use shall be on the street on which the adjacent uses
are oriented except when the predominant orientation of uses on the
block is contrary to the orientation of the adjacent uses. The predominant
orientation of the block shall govern in those cases.
(3)
Where a lot is located at the intersection of two (2) or more
streets, there shall be a front yard on each street side of a corner
lot, except that the buildable width of such lot shall not be reduced
to less than twenty-eight (28) feet. No accessory building shall project
beyond the front yard line on either street.
b. Side Yard.
(1)
Except as provided in the following paragraph and in Section
405.270, there shall be a side yard on each side of a building, said yard to have a width of not less than ten percent (10%) of the width of the lot, but not less than six (6) feet.
(2)
The side yard on each side of a building on a lot having a width
of twenty-five (25) feet or less, where a lot has been duly recorded
at the time of passage of this Chapter, shall have a width of not
less than three (3) feet.
c. Rear Yard. Except as provided in Section
405.270, there shall be a rear yard having a depth of not less than thirty-five (35) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed fifty (50) feet.
3. Height And Bulk. No building or structures as related to building or structure height limitations shall exceed three (3) stories or forty (40) feet in height, except as provided in Section
405.270.
4. Off-Street Parking. On-site automobile parking shall be provided in accordance with Article
VI of this Chapter.
5. Accessory Uses. As permitted by Section
405.280 of this Chapter.
[Ord. No. 4238 §2(304.0), 10-3-1988; Ord. No. 4335 §3, 6-4-1990; Ord.
No. 4624 §2, 6-3-1996; Ord. No. 4688 §1, 10-20-1997; Ord. No. 5533, 4-1-2024]
A. Intent
And Purpose. The purpose of this district is to protect and conserve
areas of predominantly low density, detached single-family residences
by requiring all construction to be compatible with the height, bulk
and setback characteristics of surrounding and adjacent residences.
B. Permitted
Uses. The listing of permitted uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
C. Conditional
Uses. The listing of conditional uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
D. Use
Regulations.
1. Lot Size. Every lot shall have an area of not less than five thousand
(5,000) square feet, except that if a lot has less area than herein
required and the plat thereof has been duly recorded prior to the
date of passage of this Chapter, such lot may be used for a single-family
dwelling.
For uses other than dwellings, the lot area shall be adequate to provide the yard required by this district and the off-street parking required by Article
VI of this Chapter.
2. Yards.
a. Front Yard.
(1)
There shall be a front yard having a depth of not less than
thirty-five (35) feet, unless forty percent (40%) or more of the frontage
on the same side of the street as the subject property between the
two (2) nearest intersecting streets is improved with buildings which
have a front yard line having a variation in depth of not more than
six (6) feet, in which case no building shall project beyond the average
front yard so established, but this regulation shall not be interpreted
to require a front yard of more than sixty (60) feet.
(2)
Where a lot is located at the intersection of two (2) or more
streets, there shall be a front yard on each street side of a corner
lot, except that the buildable width of such lot shall not be reduced
to less than twenty-eight (28) feet. No accessory building shall project
beyond the front yard line on either street.
b. Side Yard.
(1)
Except as provided in the following paragraph and in Section
405.270, there shall be a side yard on each side of a building, said yard to have a width of not less than ten percent (10%) of the width of the lot, but not less than six (6) feet.
(2)
The side yard on each side of a building on a lot having a width
of twenty-five (25) feet or less, where a lot has been duly recorded
at the time of passage of this Chapter (October 3, 1988), shall have
a width of not less than three (3) feet.
c. Rear Yard. Except as provided in Section
405.270, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty-five (45) feet.
3. Height And Bulk. No building or structures as related to building or structure height limitations shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height, except as provided in Section
405.270.
4. Off-Street Parking. On-site automobile parking shall be provided in accordance with Article
VI of this Chapter.
5. Accessory Uses. As permitted by Section
405.280 of this Chapter.
[Ord. No. 4238 §2(305.0), 10-3-1988; Ord. No. 4335 §4, 6-4-1990; Ord.
No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A. Intent
And Purpose. The purpose of the this district is to protect and conserve
areas of predominantly detached single-family dwellings, two-family
residences, duplexes, townhomes villas, triplexes, etc., of five (5)
or fewer units; by requiring all construction to be compatible with
the height, bulk and setback characteristics of surrounding and adjacent
residences.
B. Permitted
Uses. The listing of permitted uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
C. Conditional
Uses. The listing of conditional uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
D. Use
Regulations.
1. Lot Size.
a. A lot on which there is erected a single-family dwelling shall contain
an area of not less than five thousand (5,000) square feet.
b. A lot on which there is erected a two-family dwelling, a duplex,
a townhome, a villa, a triplex, etc., shall contain an area of not
less than twenty-five hundred (2,500) square feet per dwelling unit.
c. Where a lot has less area than five thousand (5,000) square feet
and was of record at the time of the passage of this Chapter, that
lot may be used only for single-family dwelling purposes.
For uses other than dwellings, the lot area shall be adequate to provide the yard required by this district and the off-street parking required by Article
VI of this Chapter.
2. Yards.
a. Front Yard.
(1)
There shall be a front yard having a depth of not less than
forty (40) feet, unless forty percent (40%) or more of the frontage
on the same side of the street as the subject property between the
two (2) nearest intersecting streets is improved with buildings which
have a front yard line having a variation in depth of not more than
six (6) feet, in which case no building shall project beyond the average
front yard so established, but this regulation shall not be interpreted
to require a front yard of more than seventy-five (75) feet.
(2)
Where a lot is located at the intersection of two (2) or more
streets, there shall be a front yard on each street side of a corner
lot, except that the buildable width of such lot shall not be reduced
to less than twenty-eight (28) feet. No accessory building shall project
beyond the front yard line on either street.
b. Side Yard.
(1)
Except as provided in the following paragraph and in Section
405.270, there shall be a side yard on each side of a building, said yard to have a width of not less than ten percent (10%) of the width of the lot, but not less than six (6) feet.
(2)
The side yard on each side of a building on a lot having a width
of twenty-five (25) feet or less, where a lot has been duly recorded
at the time of passage of this Chapter (October 3, 1988), shall have
a width of not less than three (3) feet.
c. Rear Yard. Except as provided in Section
405.270, there shall be a rear yard having a depth of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot, whichever amount is larger, but it need not exceed forty-five (45) feet.
3. Height And Bulk. No building or structures as related to building or structure height limitations shall exceed three (3) stories or forty (40) feet in height, except as provided in Section
405.270.
4. Off-Street Parking. On-site automobile parking shall be provided in accordance with Article
VI of this Chapter.
5. Accessory Uses. As permitted by Section
405.280 of this Chapter.
[Ord. No. 4238 §2(306.0), 10-3-1988; Ord. No. 4335 §5, 6-4-1990; Ord.
No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A. Intent
And Purpose. The purpose of this district is to protect and conserve
areas of predominantly multi-family or apartment dwellings built at
high density, greater than five (5) units, and to provide for the
development of building types in accordance with standards which insure
their compatibility with surrounding uses.
B. Permitted
Uses. The listing of permitted uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
C. Conditional
Uses. The listing of conditional uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
D. Site Plan Review. By the Planning Commission as required in Section
405.390 of this Chapter.
E. Use
Regulations. All uses within the "R-4" District shall conform to the
following regulations:
1. Intensity And Bulk.
a. Site Area. Any site zoned "R-4" High Density Multi-Family Residential
District shall have a minimum area of not less than one (1) acre unless
the project abuts an existing multi-family zone.
b. Minimum lot area.
Single-Family
|
5,000 square feet per dwelling unit
|
Two-Family
|
2,500 square feet per dwelling unit
|
Multi-Family
|
(2½ stories or less) 2,500 square feet per dwelling unit;
or 1,800 square feet per dwelling unit for buildings over 2 ½
stories, where approved by the Planning Commission during site plan
review as being compatible with surrounding development.
|
For uses other than dwellings, the lot area shall be adequate to provide the yard areas required in this district and off-street parking as required in Article VI of this Chapter.
|
c. Lot Width (measured at the building line).
Single-Family
|
seventy (70) feet
|
Two-Family
|
seventy (70) feet
|
Multi-Family
|
(2 ½ stories or less) seventy (70) feet
|
Multi-Family
|
(more than 2 ½ stories) eighty (80) feet
|
For uses other than residential, the lot width shall be adequate to provide the yard areas required in this district and the off-street parking required in Article VI of this Chapter.
|
d. Lot Coverage. The maximum lot coverage by buildings and structures
shall not exceed sixty percent (60% ).
e. Yard Requirements.
(1)
Front Yard. Not less than twenty (20) feet.
(2)
Side Yard. Not less than ten (10) feet, except in the case of
a corner lot or parcel where the side yard on the road or street side
shall not be less than twenty (20) feet.
(3)
Rear Yard. Not less than thirty-five (35) feet.
(4)
The above requirements shall apply to every lot, building or
structure.
f. Height Requirements. Except as is otherwise provided in Section
405.270, no building or structure shall exceed six (6) stories above finished grade or seventy (70) feet, whichever is the lesser.
g. Distance Between Grouped Buildings. In addition to the required setback
lines provided elsewhere in this Chapter, the following minimum distances
shall be required between each structure one and one-half (1 ½)
stores in height or less:
Front to front
|
fifty (50) feet
|
Back to back
|
fifty (50) feet
|
Side to side
|
twenty (20) feet
|
Front to side
|
thirty-five (35) feet
|
Back to side
|
thirty-five (35) feet
|
Corner to corner
|
fifteen (15) feet
|
The following minimum distance shall be required between structures
in developments with buildings in excess of two and one-half (2 ½)
stories in heights:
|
Front to front
|
sixty (60) feet
|
Front to back
|
sixty (60) feet
|
Front to side
|
sixty (60) feet
|
Side to side
|
fifty (50) feet
|
Back to side
|
forty-five (45) feet
|
Back to back
|
sixty (60) feet
|
Corner to corner
|
fifty (50) feet
|
In no instance shall a dwelling unit less than four (4) stories
in height face directly upon the rear of another residential building.
|
In applying the above standards, the front of the building shall
mean the main entrance and all dimensions shall be measured accordingly.
In cases where there is ambiguity, the City shall reserve the right
to have the Zoning Administrator make the determination of the main
entrance.
|
2. Off-Street Parking. On-site automobile parking shall be provided in accordance with Article
VI of this Chapter.
3. Minimum Unit Size. Every unit constructed in the "R-4" District shall
contain at least six hundred (600) square feet of livable floor area,
exclusive of garage, basement or attic, except in the case of housing
designed specifically for the elderly which shall have a minimum of
four hundred fifty (450) square feet of livable floor area per unit.
4. Landscaping And Screening. Where a side or rear lot line coincides
with a side or rear lot line of any lot in an adjacent residential
zoning district, then a landscaped yard of at least fifteen (15) feet
in width shall be provided along such a lot. In addition, for any
use which involves the construction of a new structure or the expansion
of an existing structure, a masonry wall or solid fence of at least
six (6) feet but not more than eight (8) feet in height shall be provided
in such transitional yard within two (2) feet of the property line.
5. Accessory Uses. As permitted by Section
405.280 of this Chapter.
[Ord. No. 4238 §2(308.0), 10-3-1988; Ord. No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A. Intent
And Purpose. This district is intended to accommodate a variety of
retail, service and office uses which are not dependent on high visibility
from arterial streets for business generation. Many of the uses are
dependent on the proximity of other business and nearby residential
areas for their economic livelihood. The regulations in this district
are designed to maintain the beneficial spatial relationships of the
uses as well as minimizing negative impacts on adjacent residential
uses.
B. Permitted
Uses. The listing of permitted uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
C. Conditional
Uses. The listing of conditional uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
D. Site Plan Review. By the Planning Commission as required in Section
405.390 of this Chapter.
E. Use
Regulations.
1. Lot Size.
a. Minimum Lot Area. Ten thousand (10,000) square feet.
b. Minimum Lot Width. One hundred (100) feet.
2. Maximum Structure Height. No building or structures as related to
building or structure height limitations shall exceed three (3) stories,
nor shall it exceed forty-five (45) feet in height, except buildings
may exceed three (3) stories in height if the building conforms to
the following requirements: The ratio of the floor area of the building
to the area of the lot shall not exceed l to 1.5. The floor area shall
be the gross horizontal area of the several floors, including basements,
cellars and penthouses (but excluding such areas within the building
which are used for parking) measured from the exterior walls of the
building. The area of the lot shall mean the total area of the site,
exclusive of the area occupied by streets.
3. Yard.
a. Front Yard.
(1)
There shall be a front yard having a depth of not less than
fifteen (15) feet unless forty percent (40%) or more of the frontage
on the same side of the street as the subject property between the
two (2) nearest intersecting streets is improved with buildings which
have observed a front yard line with a variation in depth of not more
than six (6) feet, in which case no building shall project beyond
the average front yard so established, but this regulation shall not
be interpreted to require a front yard of more than thirty (30) feet.
(2)
Where a lot is located at the intersection of two (2) or more
streets, there shall be a front yard on each street side of a corner
lot, except that the buildable width of such lot shall not be reduced
to less than forty (40) feet. No accessory building shall project
beyond the front yard line on either street.
b. Side And Rear Yards. None required, although when provided, shall
not be less than five (5) feet.
c. Transitional Yard.
(1)
Where a side or rear lot line coincides with a side or rear
lot line of any lot in an adjacent residential zoning district, then
a landscaped yard of at least ten (10) feet in width shall be provided
along such lot. In addition, for any use which involves the construction
of a new structure or the expansion of an existing structure, a solid
decorative wall or fence of at least six (6) feet but not more than
eight (8) feet in height shall be provided in such transitional yard.
(2)
Where a commercial development is located adjacent to or across a street from a residential district, a transitional yard shall be provided, as approved by the Planning Commission in accordance with the provisions of Section
405.390.
(3)
The transitional yard requirements may be modified by conditional use permit or by site plan review as provided in Article
X or Section
405.390. Such modifications may be in the direction of more stringent or less stringent requirements.
(4)
Nothing in this Section shall be construed to allow or require
a fence in a front yard in the case of a corner lot with double frontage.
d. Off-Street Parking And Loading. Off-street parking and loading areas shall be required in accordance with Article
VI of this Chapter.
e. Anti-Pollution Standards. Anti-pollution standards in accordance with shall be met by the Section
405.370 uses in this district.
F. Supplemental
Regulations.
1. Residential loft units are allowed above retail or office uses subject
to the following limitations:
a. Residential uses shall be complementary and secondary to the primary
retail commercial and office uses.
b. Residential uses shall be restricted from street-level building floors
except as permitted through a special use permit. In no case shall
a residential use occupy a street-level storefront.
c. Residential uses shall not restrict or limit hours of operation,
parking, loading, unloading, trash disposal or other activities associated
with a permitted commercial or office uses.
d. New construction, renovation or other improvements required to accommodate
residential uses shall be complementary to the established character
of existing uses.
2. Exterior lighting fixtures shall be shaded so that no direct light
is cast upon any residential property and so that no glare is visible
to any traffic on any public street.
a. All lighting sources shall be adequately shielded and positioned
to avoid glare or direct visibility of the light source from adjoining
residential property and streets.
b. All outdoor lighting visible from any adjoining properties, except
for lighting required for security or safety, shall be turned off
between the hours of 11:00 P.M. and 6:00 A.M. except as authorized
by special use.
c. Low-pressure sodium lights may not be used in parking areas or at
main entrances. Light fixtures that broadcast light over large areas
or that are a source of glare, sky-glow or other light pollution shall
not be permitted.
d. Building-mounted lighting shall not extend above the roof line of
the building on which it is mounted.
[Ord. No. 4238 §2(309.0), 10-3-1988; Ord. No. 5178 §1, 9-6-2011; Ord. No. 5533, 4-1-2024]
A. Intent
And Pupose. This district is intended to accommodate convenience retail/service
facilities at a scale and intensity of use which is compatible with
and serves adjacent residential uses.
B. Permitted
Uses. The listing of permitted uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
C. Conditional
Uses. The listing of conditional uses is set out in Appendix "A" of
these regulations, which is set out at the end of this Chapter.
D. Site Plan Review. By the Planning Commission as required in Section
405.390 of this Chapter.
E. Use
Regulations.
1. Lot Size.
a. Minimum Lot Area. Ten thousand (10,000) square feet.
b. Minimum Lot Width. Seventy-five (75) feet.
2. Bulk.
a. Maximum Height. No building or structures as related to building
or structure height limitations shall exceed four (4) stories above
finished grade, or fifty (50) feet in height, whichever is lesser.
3. Yard.
a. Front Yard.
(1)
There shall be a front yard having a depth of not less than
thirty-five (35) feet unless forty percent (40%) or more of the frontage
on the same side of the street as the subject property between the
two (2) nearest intersecting streets is improved with buildings which
have observed a front yard line with a variation in depth of not more
than six (6) feet, in which case no building shall project beyond
the average front yard so established, but this regulation shall not
be interpreted to require a front yard of more than forty (40) feet.
(2)
Where a lot is located at the intersection of two (2) or more
streets, there shall be a front yard on each street side of a corner
lot, except that the buildable width of such lot shall not be reduced
to less than thirty-five (35) feet. No accessory building shall project
beyond the front yard line on either street.
b. Side And Rear Yards. None required, although when provided, shall
not be less than five (5) feet.
c. Transitional Yard.
(1)
Where a side or rear lot line coincides with a side or rear
lot line of any lot in an adjacent residential zoning district, then
a landscaped yard of at least thirty-five (35) feet in width shall
be provided along such lot. In addition, for any use which involves
the construction of a new structure or the expansion of an existing
structure, a solid decorative wall or fence of at least six (6) feet
but not more than eight (8) feet in height shall be provided in such
transitional yard.
(2)
Where a commercial development is located adjacent to or across a street from a residential district, a transitional yard shall be provided, as approved by the Planning Commission in accordance with the provisions of Section
405.390.
(3)
Nothing in this Section shall be construed to allow or require
a fence in a front yard in the case of a corner lot with double frontage.
4. Off-Street Parking And Loading. Off-street parking and loading areas shall be required in accordance with Article
VI of this Chapter.
5. Anti-Pollution Standards. Anti-pollution standards in accordance with shall be met by the Section
405.370 uses in this district.
F. Supplemental
Regulations.
1. Residential loft units are allowed above retail or office uses subject
to the following limitations:
a. Residential uses shall be complementary and secondary to the primary
retail commercial and office uses.
b. Residential uses shall be restricted from street-level building floors
except as permitted through a special use permit. In no case shall
a residential use occupy a street-level storefront.
c. Residential uses shall not restrict or limit hours of operation,
parking, loading, unloading, trash disposal or other activities associated
with a permitted commercial or office uses.
d. New construction, renovation or other improvements required to accommodate
residential uses shall be complementary to the established character
of existing uses.
2. Exterior lighting fixtures shall be shaded so that no direct light
is cast upon any residential property and so that no glare is visible
to any traffic on any public street.
a. All lighting sources shall be adequately shielded and positioned
to avoid glare or direct visibility of the light source from adjoining
residential property and streets.
b. All outdoor lighting visible from any adjoining properties, except
for lighting required for security or safety, shall be turned off
between the hours of 11:00 P.M. and 6:00 A.M. except as authorized
by special use.
c. Low-pressure sodium lights may not be used in parking areas or at
main entrances. Light fixtures that broadcast light over large areas
or that are a source of glare, sky-glow or other light pollution shall
not be permitted.
d. Building-mounted lighting shall not extend above the roof line of
the building on which it is mounted.
[Ord. No. 4238 §2(310.0), 10-3-1988; Ord. No. 4323 §1, 3-5-1990; Ord.
No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A. Intent
And Purpose. The purpose of the Planned Development District is to
provide a means of achieving greater flexibility in residential and
commercial development of land in a manner not possible in conventional
zones; to encourage a more imaginative and innovative design of projects;
to promote a more desirable community environment; and to retain maximum
control over both the structure and future operation of the development.
The City Council, upon receiving recommendations of the Planning
and Zoning Commission, may by ordinance authorize a Planned Development
District when the proposed development or use of a specific tract
of land or area warrants greater flexibility, control and density
than is afforded under the general regulations of standard zoning
districts. These planned development regulations are not intended
to allow excessive densities or the development of incompatible land
uses, either within the development or as the development relates
to the general neighborhood. The standards contained in the following
provisions must be strictly adhered to by the applicant.
The City may, upon proper application, approve a planned development
for a site of at least two and one-half (2.5) acres to facilitate
the use of flexible techniques of land development and site design,
by providing relief from zone requirements designed for conventional
developments in order to obtain one (1) or more of the following objectives:
1. Environmental design in the development of land that is of a higher
quality than is possible under the regulations otherwise applicable
to the property.
2. Diversification in the uses permitted and variation in the relationship
of uses, structures, open space and height of structures in developments
intended as cohesive, unified projects.
3. Functional and beneficial uses of open space areas.
4. Preservation of natural features of a development site.
5. Creation of a safe and desirable living environment for residential
areas characterized by a unified building and site development program.
6. Rational and economic development in relation to public services.
7. Efficient and effective traffic circulation, both within and adjacent
to the development site.
B. Relationship
Of Planned Development Districts To Zoning Map.
1. A Mapped District. The "PD" designation is not intended to be attached
to existing use districts as an overlay.
2. Plan Approval Required. Although the "PD" designation may be applied to parcels of land as a mapped zoning district, it is the intent of this Chapter that no development or redevelopment of the property encompassed by the "PD" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section. Any pre-existing uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses, as outlined in Section
405.380 until such time as they are included in an approved development plan.
3. Types Of Planned Developments. All areas of the City subject to the
"PD" designation shall be assigned one (1) of the following subclassifications
which shall be considered a separate use district and subject to the
specific restrictions and limitations outlined in this Section.
a. Planned Development — Residential ("PD-R"):
Planned developments involving residential uses only.
b. Planned Development — Commercial ("PD-C"):
Planned developments involving commercial uses only.
c. Mixed Use Developments ("PD-MxD"):
Planned developments involving a mixture of residential and
non-residential uses.
These subclassifications may be designated by the City at the
time of the original zoning of the parcel in question, or the City
may make the designation at the time of development plan application.
In the instance of a request for zoning map amendment, the applicant
shall request a specific subclassification; however, it shall be at
the discretion of the City, in light of the recommendations of the
City's Comprehensive Plan as well as the surrounding neighborhood,
to grant the requested subclassification or require a more restrictive
one.
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C. Procedures
For Planned Development Approval.
1. Pre-Application Procedure. Prior to filing an application for Planned
Development approval, the prospective applicant shall request a pre-application
conference with the City's planning staff. Such request shall include
a brief and general narrative description of the nature, location
and extent of the proposed planned development and a list of any professional
consultants advising the prospective applicant with respect to the
proposed planned development. Upon receipt of such request, the City
planning staff shall promptly schedule a conference.
2. Preliminary Development Plan. A preliminary development plan shall
be submitted to the Planning and Zoning Commission with the application
for a planned development. A final development plan, including the
requirements of a preliminary plan, may be submitted as a single application
when the development will be constructed as a single phase. The preliminary
plan shall contain the following information:
a. Site And Landscape Plan. One (1) of a series of maps shall be submitted
(minimum scale 1" = 50') indicating:
(2)
The location, size and height of all existing and proposed structures
on the site;
(3)
The location and general design (width and materials) of all
driveways, curb cuts and sidewalks, including connections to building
entrances; as well as the location and nature of construction of all
curbs and guttering;
(4)
The location, area and number of proposed parking spaces;
(5)
Existing and proposed grades at an interval of one (1) foot
or less, extended beyond the project site to include adjacent properties
and structures;
(6)
The location and general type of all existing trees over six
(6) inch caliper and, in addition, an indication of those to be retained;
(7)
The proposed general use and development of internal spaces,
including all recreational and open space areas, plazas and major
landscaped areas by function, and the general location and description
of all proposed outdoor furniture (seating, lighting, telephones,
etc.);
(8)
The location and approximate size of all proposed plant material
by type, such as hardwood/deciduous trees, evergreen trees, flowering
trees and shrub masses, and types of ground cover (grass, ivies, etc.).
Planting in parking areas should be included;
(9)
The location of all retaining walls, fences (including privacy
fences, etc.) and earth berms;
(10)
The definition and location of all refuse collection facilities
including screening to be provided; and
(11)
Provisions for both on- and off-site storrnwater drainage and
detention related to the proposed development.
The scale of the drawing or drawings indicating the above shall
be reasonably related to the site size and the complexity of the proposed
development, and the scale shall in no event be smaller than 1" =
50'. All drawings shall likewise indicate a project name, the names
of adjoining streets, the applicant's name, a scale, a north arrow,
and the date drawn.
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The applicant may be required to provide, at applicant's expense,
additional clarification and/or further detail of the preliminary
plan, as deemed necessary by the Planning and Zoning Commission.
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b. Site And Building Sections. Schematic or illustrative sections shall
be drawn to a scale of 1" = 8' or larger, indicating both edge conditions
and internal grade changes in relation to principal variations of
internal building levels and sight line relations to adjacent residences.
c. Architectural Elevations. Architectural elevations of proposed buildings
shall be provided at a reasonable scale.
d. Project Data.
(1)
Site area (square feet and acres);
(2)
Allocation of site area by building coverage, parking, loading
and driveways, and open space areas including total open space, recreation
area, landscaped areas and others;
(3)
Total dwelling units and floor area distributed by general type
(l bedroom, 2 bedroom, etc.);
(4)
Floor area in non-residential use by category;
(5)
Residential density distribution for the entire project; and
(6)
Calculations of parking spaces and area in relation to dwelling
units and commercial floor area.
e. Project Report. A brief project report shall be provided to include
an explanation of the character of the proposed development, verification
of the applicant's ownership and contractual interest in the subject
site, and anticipated development schedule. At the discretion of the
Planning and Zoning Commission and/or City Council, analyses by qualified
independent technical personnel or consultants chosen by the City
may be required as to the market and financial feasibility, traffic
impact, environmental impact, stormwater and erosion control, etc.,
of the proposed development, which analyses shall be paid for by applicant.
f. Phased Development. If the planned development is proposed to be
constructed in stages or units during a period extending beyond a
single construction season, a development schedule indicating:
(1)
The approximate date when construction of the project can be
expected to begin;
(2)
The order in which the phases of the project will be built;
and
(3)
The minimum area and the approximate location of common open
space and public improvements that will be required at each stage.
If any stage or unit as proposed contains a share of open space
or other public or private recreation or service facility less than
that which its size, number of units or density would otherwise require,
a statement shall be submitted setting forth what bond, credit, escrow
or other assurance the applicant proposes in order to insure that
the difference between that which would otherwise be required and
that which the applicant proposes to provide in the instant stage
or unit is ultimately provided.
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3. Review procedure - preliminary development plan.
a. An application together with a complete preliminary development plan, including information as required in Section
405.390 shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting but not sooner than twenty-one (21) days from the filing of the completed application. Notices of the Planning and Zoning Commission meeting shall be sent to owners of record of all properties within three hundred (300) feet of the parcel included in the application.
b. Staff Review. The Zoning Administrator shall coordinate a review
of the application by appropriate affected City departments to determine
its compliance with all applicable ordinances and regulations. A written
report documenting the review and staff recommendations shall be prepared
by the Zoning Administrator or his/her designee and submitted to the
Planning and Zoning Commission at the meeting at which it first considers
the application.
c. After consideration of the application and staff report, the Planning
and Zoning Commission shall make a report to the City Council regarding
the impact of such proposed building or use upon the character of
the neighborhood, traffic conditions, public utility facilities, and
other matters pertaining to the general public health, safety and
welfare of the City of Richmond Heights. The findings and recommendation
of the Commission shall be transmitted to the City Council. If the
Commission's recommendation is for approval, its report shall contain
the conditions or restrictions recommended by the Commission with
respect to the preliminary development plan.
d. The City Council shall hold a public hearing thereon upon at least
fifteen (15) days' public notice. If the preliminary development plan
is approved by the City Council, it shall adopt an ordinance approving
said preliminary development plan with conditions as specified therein
which shall become effective on approval by the Planning and Zoning
Commission of the final development plan.
e. Final Plan. Within nine (9) months following passage of the ordinance
approving the preliminary development plan, but at least twenty-one
(21) days before the next regularly scheduled meeting of the Planning
and Zoning Commission, the petitioner shall submit a final development
plan to the Planning and Zoning Commission for its review and consideration
to determine if said final development plan is in conformance with
the approved preliminary development plan and with the imposed conditions
of approval. The final development plan shall reflect the entire planned
development if it is to be completed in one (1) phase, or a phase
of the planned development if it consists of more than one (1) phase.
The final development plan, in addition to the matters shown on the
preliminary development plan, shall include the following:
(1)
The existing and proposed contours at two (2) foot intervals;
(2)
The landscape plan with the specific location of all plant material,
specifying size, species and location (both as to the buffer area
around the perimeter as well as that in the parking lot);
(3)
Nature of use, as single-family, condominium, or multi-family,
and/or commercial or manufacturing uses;
(4)
All structures, present and future, specifying location, size,
elevation and design, none of which may deviate substantially from
the approved preliminary development plan;
(6)
Parking spaces, including underground parking and moving traffic
lanes;
(7)
Method of disposal of trash and garbage;
(8)
Ingress and egress facilities;
(9)
Parking facilities for visitors;
(10)
Plan for the provision of water and sanitary and storm water
drainage facilities;
(11)
All easements and dedications;
(12)
Any signs, location and size;
(13)
Details of lighting of parking lots and outside of buildings,
including location, type and intensity;
(14)
All other information which the Planning and Zoning Commission
or the City Council may designate.
4. Review Procedure — Final Development Plan.
a. An application together with a complete preliminary development plan, including information as required in Section
405.390, shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting but not sooner than twenty-one (21) days from the filing of the completed application.
b. Staff Review. During the time between the filing of a complete final
development plan with the Zoning Administrator and the next regularly
scheduled Planning and Zoning Commission meeting, the Zoning Administrator
or his/her representative shall review the final development plan
for compliance and report to the Commission the findings of his/her
review. The Zoning Administrator shall establish the dollar amount
of any bond required by the City to assure completion of the improvements
c. After consideration of the application and staff report, the Planning
and Zoning Commission shall approve, approve with conditions, or deny
the final development plan. The final development plan shall conform
to the preliminary development plan. If the final development plan
does not conform to the preliminary development plan, or if the conditions
of the preliminary development plan approval are not adequately met,
the final development plan shall not be approved.
d. Upon approval of the final development plan by the Planning and Zoning
Commission, the final development plan shall be transmitted to the
City Council for their information.
e. Following approval of the final development plan by the Planning
and Zoning Commission, it shall be recorded at the applicant's expense,
with the St. Louis County Recorder of Deeds and a reproducible mylar
of such recorded plan furnished to the Zoning Administrator. Any bonds
required to insure completion of required improvements or open space
shall be completed and in place prior to recording of the final development
plan.
5. Amendments Or Changes To An Approved Development Plan. Should an applicant with ownership or contractual interest in any property within an area subject to an approved preliminary and/or final development plan find that any amendments or changes are necessary to the previously approved development plan, an application shall be submitted, at least twenty-one (21) days before the next regularly scheduled Planning and Zoning Commission meeting, for administrative and Planning and Zoning review to the Zoning Administrator who shall institute an administrative review by all affected City departments of the proposed amendments or changes. Notification of the proposed changes to the plan shall be sent to all property owners of record within three hundred (300) feet of the parcel included in the application. This notification shall also include all property owners of record within the area subject to the approved development plan. The results of this review shall be compiled by the Zoning Administrator and shall be reported by him/her to the Planning and Zoning Commission for their consideration. Upon receiving the application for proposed amendments or changes to the development plan and associated documents from the Zoning Administrator, the Commission shall complete its review of the application, either denying, approving or approving with conditions. The application, supplemental documents and the Commission's action and reasoning shall be forwarded to the City Council as an informational item where it shall be their option either to require a further review and approval of the proposed amendments or changes to the development plan at the Council level, or concur with the Commission by taking no further action. Appeal, protest, or Council review shall follow the same procedures as for conditional use permits, as set out in Section
405.420. Effective date and effect of denial shall also be the same as set out in Section
405.410 (E) and (F).
D. Permitted
Uses. The listing of permitted uses within each "PD" subclassification
shall be as follows:
Subclassification
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Requirement
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Planned development — Residential
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Those uses set out in Appendix "A" in the "PD-R" District
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Planned development — Commercial
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Those uses set out in Appendix "A" in the "PD-C" District
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Planned development — Mixed use
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Those uses set out in Appendix "A" under "PD-MxD" (Appendix
"A" is set out at the end of this Chapter)
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Section 405.480 for specific regulations pertaining to motor vehicle related businesses.
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E. Area
Regulations And Performance Standards. The area regulations and performance
standards applicable to the individual uses within each planned development
by designated subclassification shall be as follows:
1.
Subclassification
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Requirement
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Planned development — Residential
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Planned development — Commercial
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Planned development — Mixed use
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Those set out in the above referenced Sections as applicable
to the individual uses contemplated by the plan.
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2. Modifications. The approval of the preliminary development plan may
provide for such exceptions from the above-referenced regulations
as may be necessary or desirable to achieve the objectives of the
proposed planned development, provided such exceptions are consistent
with the standards and criteria contained in this Section and have
been specifically requested in the application for a planned development,
and further, that no modification of the above-referenced regulations
would be allowed when such proposed modification would result in:
a. Inadequate or unsafe access to the planned development;
b. Traffic volumes exceeding the anticipated capacity of the proposed
major street network in the vicinity;
c. An undue burden on public parks, recreation areas, schools, fire
and police protection and other public facilities which serve or are
proposed to serve the planned development;
d. A development which will be incompatible with the purposes of this
Chapter;
e. Detrimental impact on the surrounding area but not limited to visual
pollution.
The burden of proof that the criteria above are not being violated
shall rest with the developer and not the staff or the Planning and
Zoning Commission.
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3. Overall Development Site Size. In addition to the requirements as
outlined above for individual uses within a Planned Development District,
the minimum overall site size required for such planned development
as a whole shall be two and one-half (2.5) acres. Provided, however,
that this minimum site size may be waived by the City Council upon
receiving the recommendations of the Planning and Zoning Commission
if the parcel in question has certain unique characteristics, such
as, but not limited to, significant topographic change, significant
trees or wooded areas, wetlands, floodplain areas, soil conditions,
utility easements, or unusual shape or proportions; or if it is determined
that the use proposed is desirable or necessary in relationship to
the surrounding neighborhood.
4. Period Of Validity. The period of validity of approval of a final
development plan is as follows:
a. No approval of a final development plan shall be valid for a period
longer than twelve (12) months from the date of approval unless within
such period a building permit is obtained and construction is commenced.
b. The City Council may grant extensions not exceeding six (6) months
each upon written request of the original applicant if the application
submitted is substantially the same as the initially approved application.
However, the City Council has the power in such cases to attach new
conditions to approval. At such time as the period of validity of
an approved final development plan lapses, the final development plan
and all uses, terms and conditions thereof shall be considered null
and void. No further development of the site shall be permitted except
by application in accordance with the procedural requirements of this
Section, whereby it shall be considered an entirely new application.
c. Should a request for extension of an approved final development plan
contain substantial changes, as determined by the Council, the Council
shall require the applicant to refile his/her application subject
to the requirements of this Section as if it were an entirely new
application.