[CC 1986 § 42.450]
A.
The issuance of special permits is hereby delegated to the Board
of Adjustment.
1.
In considering an application for a special permit for any use,
as provided in Column 3 of the Table of General Use Regulations,[1] the Board shall take into account the following: accessibility
of the property involved to fire and Police protection; access of
light and air to the property and to adjoining properties; traffic
conditions; transportation requirements and facilities; the size,
type and kind of buildings, uses and structures in the vicinity and
the suitability of the proposed use to the said buildings, uses and
structures, including but not limited to the safety and convenience
of persons apt to gather in said buildings, and any decrease or impairment
in the market value of said buildings, uses and structures if the
proposed use be granted; provision and adequacy of utilities, access
roads, drainage and/or necessary facilities; the general safety, health,
peace, comfort and general welfare of the community at large; the
location and size of the proposed use; the nature and intensity of
the operations involved; the size of the site in relation to the use,
and the location of the site with respect to existing or future streets
giving access to it; that the location, nature and height of buildings,
walls and fences not discourage the appropriate development and use
of adjacent land, uses, structures and buildings or impair the value
thereof; and that the special permit use, in all other respects, conform
to the applicable regulations of the district in which it is located
except as such regulations shall in each instance, be expressly modified
by the Board.
[1]
Editor's Note: Said table is included as an attachment to
this Chapter.
2.
Operations in connection with any special permit use shall not
be more objectionable to nearby properties by reason of noise, fumes,
vibration or lights than would be the operations of any use permitted
by right.
3.
Prior to determination of any application for a special permit
use, the Board of Adjustment shall request and review a recommendation
from the Planning and Zoning Commission as to all of the above general
considerations.
4.
It is further provided that in granting or denying a special
permit, the Board shall specify in the decision the particular grounds
relied upon and their relation to the proposed use.
[CC 1986 § 42.460]
A.
Application And Reference. An application for special permit use
shall be filed with the Board of Adjustment. The application shall
be accompanied by such plans and/or data for site plan approval by
the Planning and Zoning Commission and shall include a statement in
writing by the applicant and adequate evidence showing that the proposed
special permit use will conform to the standards set forth in these
regulations. Such application shall be forwarded from the Board of
Adjustment to the Planning and Zoning Commission with a request to
review said application and accompanying data and submit written recommendations
thereon to the Board of Adjustment within thirty (30) days after receipt
of same.
B.
Fees. Every application to the Board shall be subject to a filing
fee of one hundred dollars ($100.00) payable in advance to the City
Clerk.
C.
Hearing. Upon receipt of the formal application and all accompanying
material, a public hearing shall be called for the next scheduled
meeting of the Board of Adjustment to be held at least fifteen (15)
days following receipt of the Planning and Zoning Commission report
and recommendations. The Board of Adjustment shall submit a notice
for publication in one (1) newspaper of general circulation in the
City to be published at least fifteen (15) days prior to the public
hearing. The Board shall render and file as a public record its decision
not later than sixty (60) days after the close of the public hearing
on which the application was heard.
D.
Other Procedures. All other procedures for special permits shall
follow the procedures set forth in these regulations governing applications
before the Board. Every special permit shall also conform to all special
findings relating thereto that are required by these regulations.
The Board may also require, as a condition of issuance of any special
permit, that it be periodically renewed; or may issue any special
permit for a specific period of time, subject to adequate guarantees
that the use covered will be terminated at the end of the period specified
or such extension thereof as may be granted by said Board. Any such
renewal or extension shall be subject to the same procedure and requirements
as specified herein for the original issuance of the special permit
involved. In granting a special permit or a renewal or extension thereof,
the Board shall file a written report setting forth the applicable
additional requirements and conditions and special findings for granting
or denying such permit, renewal or extension.
1.
A special permit will be deemed to authorize only one (1) particular
special use and shall expire automatically, without revocation by
the Board unless:
2.
A special permit, including the use of all buildings, structures
and land in connection therewith, shall expire if the special use
shall cease or be abandoned for more than twelve (12) months for any
reason.
3.
Violation of these conditions of a special permit shall be considered
a violation of these regulations.
[CC 1986 § 42.470]
A.
Extensions Across District Boundaries. In appropriate cases where
a lot lies within two (2) districts, the Board of Adjustment may permit
the extension of an existing or proposed building structure or accessory
off-street parking space across a district boundary, under such conditions
as will safeguard the character of the district into which such use
is extended. However, no such extension shall exceed seventy-five
(75) feet, measured at right angles to such district boundary. The
power under this Section shall not permit the moving of the zoning
district line but only the extension of the building, structure or
accessory off-street parking space.
B.
Mobile Home Parks.
1.
Districts. Mobile home parks shall be permitted by special permit of the Board following review and recommendation by the Planning and Zoning Commission pursuant to Section 405.120 of these regulations in R2 district. Each application for a mobile home park special permit shall in addition to special permit requirements be made in the form required for a site plan approval as required in this Chapter. The Planning and Zoning Commission shall review and approve the site plan as part of its recommendation to the Board on the special permit approval.
2.
General Conditions. A special permit for a mobile home park
location may be issued according to either of the following criteria:
a.
Transition Areas. Areas in residential districts served by adequate
public utilities, adjoining non-residential districts in which the
mobile home park shall provide a smooth transition of uses from non-residential
to residential; or
b.
Good Access Areas. Areas in residential districts served by
adequate public utilities. Such mobile home park shall be served by
an improved public street of adequate width and providing direct access
from the park site to a major street.
3.
Standards.
a.
Drainage. The area shall be located on a well-drained site,
properly graded to insure rapid drainage. The area shall consist of
suitable natural soil or well-consolidated inert fill.
b.
Individual Mobile Home Site.
(1)
Each mobile home park shall provide individual
mobile home sites, and each site shall be clearly delineated on the
mobile home park plan and when constructed by permanent stakes or
markers at the site. Each mobile home dwelling unit shall be located
on an individual site having an area of not less than three thousand
(3,000) square feet or four (4) times the total area of the mobile
home unit, whichever is greater. Curvilinear, non-gridiron, horizontal
or vertical design of mobile home sites are desirable and shall be
greatly encouraged. No specific front, side or rear yards shall be
required for any individual mobile home site, provided that the Planning
and Zoning Commission shall recommend such yard requirements wherever
it is deemed essential to a proper site plan. No more than six (6)
mobile home dwellings shall be provided per acre of total land area
of the mobile home park, including buffer areas, roads and open space.
(2)
Each mobile home site shall have adequate pad,
slab or runners to allow the mobile home to be positioned, blocked
and levelled, and shall be constructed of appropriate material, properly
graded, placed and compacted so as to be durable and adequate for
the support of the maximum anticipated loads during all seasons.
(3)
No accessory building or structure shall be located
on any mobile home site with the following exceptions: an arbor, open
trellis or flagpole; unroofed steps, driveway or an unroofed terrace;
an awning or moving canopy may project not more than ten (10) feet;
a solid fence or freestanding wall not more than four and one-half
(4 1/2) feet in height is permitted along any site line.
c.
Buffer Area. A buffer area of open ground shall be located at
least fifty (50) feet from all lot lines or, where adjoining a street,
from the designated street line, where the mobile home park adjoins
an existing non-residential, or a non-residential zoning district.
Where the mobile home park adjoins a residential use or residential
zoning district, the buffer shall be a minimum of twenty-five (25)
feet from all lot lines or designated street line.
d.
Frontage, Streets And Parking. Each mobile home site shall have
one (1) off-street parking space. No off-street parking shall be located
within any required usable open space. In addition to these parking
spaces, accessory off-street parking spaces equal to one-half (1/2)
the number of mobile home sites, to be used for guests and to provide
an area for the parking of other cars belonging to the owner of a
mobile home located in the park.
Every parking area shall have at least ten (10) feet of frontage
sufficient to provide direct access to a street within the mobile
home park and shall be prohibited from fronting upon a public street
or highway.
Streets shall be provided in the mobile home park where necessary
to furnish principal trafficways for convenient access to each mobile
home site and other facilities in the mobile home park.
The street system shall provide convenient circulation by means
of minor streets and properly located collector streets. All streets
within the mobile home park shall have unobstructed access to public
streets and highways.
Pavements shall be of adequate widths to accommodate the parking
and traffic load in accordance with the type of street. All streets
and general parking areas shall be constructed of dust-free surface.
Wherever streets are required to be dedicated to the City, such streets
shall conform to the standards imposed by the Planning and Zoning
Commission.
e.
Open Space. An area of the mobile home park shall be required
to be set aside as common usable open space. The amount of land to
be set aside shall be a minimum of twenty percent (20%) of the total
land area of the mobile home park.
f.
Water.
(1)
An adequate supply of pure water for drinking and
domestic purposes shall be supplied by pipes to all mobile, home sites
and appropriate buildings within the park to meet these requirements.
All water supply facilities shall be approved by the State Board of
Health.
(2)
Individual metering of each mobile home site shall
be provided by the developer at the developer's expense and installed
to City specifications.
g.
Sewerage. Where a public sanitary sewerage system is reasonably
accessible each mobile home site shall be provided with a trapped
sewer of at least four (4) inches in diameter connected to the public
system. Where public sanitary sewerage systems are not reasonably
accessible, individual disposal systems or central sewage systems
may be permitted, provided that sewer lines, laterals and mains are
installed to be ready for connection at such time as a public sewerage
system is accessible. All sewerage systems shall be approved by the
State Board of Health.
h.
Custodial Care And Solid Waste Disposal.
(1)
The owner of the mobile home park shall be responsible
for the upkeep of the mobile home park, its facilities, grounds and
its equipment. Garbage cans with tight-fitting covers shall be provided
in quantities adequate to permit disposal of all solid waste. Garbage
cans shall be located no further than two hundred (200) feet from
any mobile home site.
(2)
The solid waste shall be disposed of as frequently
as necessary to insure that garbage cans shall not overflow.
i.
Fire Prevention. Every mobile home park shall be equipped at
all times with fire extinguishing equipment in good working order
or shall show evidence of a contractual arrangement with the fire
department providing the fire protection necessary in such development,
for fire protection, sanitary water under adequate pressure shall
be provided in the mobile home park.
j.
Anchoring. Each mobile home unit shall be provided with adequate
means of anchoring the unit against high winds and adverse weather
conditions.
4.
Any mobile home park in which the sites are subdivided and sold
to individual purchasers shall comply with all of the requirements
set forth herein and shall provide for a single common owner of all
open space, buffer areas, roadways and all other areas of the mobile
home park except the individual sites and such common owner shall
be responsible for all taxes on the common areas. Individual owners
shall pay all taxes on the individual site. The Board of Adjustment
shall require suitable agreements, covenants, or deed restrictions
to be placed as of record fixing the rights and obligations of the
common and individual owners before approving the special use permit.
5.
Board Of Adjustment Approval. The Board of Adjustment shall,
in approving the special permit, condition the use of the land, building
and structures to the uses shown in the preliminary site plan as may
be modified by the Planning and Zoning Commission or Board of Adjustment.
Any deviation from said uses of land, buildings or structures as approved,
shall be deemed a violation of special permit approval and the zoning
uses allowed shall automatically revert to the zoning district classification
in force and effect prior to special permit approval. In such event,
all land uses, buildings and structures in violation of this Chapter
are illegal and shall be deemed to be non-conforming uses and shall
be summarily removed and abated.
6.
Final Site Plan Approval.
a.
Upon approval of the special permit by the Board of Adjustment,
the applicant shall have three (3) months to submit a final site plan
application to the Planning and Zoning Commission for its review and
approval. The final site plan may be submitted separately for the
first and each successive stage of construction.
b.
It shall be the responsibility of the Planning and Zoning Commission
to determine that each stage, and all of the final site plan, conforms
to the preliminary site plan on which the special permit was issued.
c.
The Planning and Zoning Commission, having reviewed the final
site plan for any or all stages of development, and finding that it
conforms to the preliminary site plan, shall approve such plan and
file it for record in the office of the Enforcement Officer.
d.
If the final site plan fails to conform to the preliminary site
plan submitted in support of the special permit such final site plan
may be submitted to the Planning and Zoning Commission as an amended
preliminary site plan, upon which the Commission shall advertise and
hold a public hearing. The proceeding shall be the same as for the
original preliminary site plan.
e.
No building permit shall be issued for any construction in the
mobile home park until the Planning and Zoning Commission shall have
approved the final site plan, covering at least the first stage of
development, and notified the Enforcement Officer.
f.
The proponents of a mobile home park shall prepare and submit
a schedule of construction, which construction shall begin within
a period of one (1) year following the approval of the final site
plan by the Planning and Zoning Commission and the issuance of a building
permit. Failure to begin the construction as scheduled shall void
the plan, as approved, unless a request for an extension of time is
made by the proponents to the Planning and Zoning Commission and approved
by said Planning and Zoning Commission. If for any reason the plan
is abandoned or if the construction is terminated after the completion
of any stage and there is ample evidence that further development
is not contemplated, the special permit may be rescinded by the Board
of Adjustment and the zoning for the entire tract or the portion which
is undeveloped as a mobile home park shall be changed to the original
classification.
g.
After the special permit has been issued and the final site
plan has been approved and when, in the course of carrying out this
plan, adjustments or rearrangements of buildings, parking spaces,
entrances, heights, or open spaces are requested by the proponents,
and such requests conform to the standards established by the approval
final site plan for the area to be converted by buildings, parking
spaces, entrances, heights, setback and other requirements, such adjustments
may be approved by the Board of Adjustment upon application, and after
receiving the recommendations of the Planning and Zoning Commission.
C.
Townhouses.
1.
General Consideration. The purposes in establishing townhouse
zoning, permitting separate ownership of one-family units, authorized
to be grouped in such manner is to make efficient, economical and
aesthetic use of the land.
2.
Area.
a.
Minimum size of development site shall be two and one-half (2 1/2)
acres.
b.
Minimum lot area per unit shall be one thousand eight hundred
(1,800) square feet and the average size for a group of townhouses
shall be not less than two thousand (2,000) square feet. Each unit
shall have its foundation on an individual site.
c.
Minimum unit size for each townhouse shall be nine hundred (900)
square feet of finished area excluding basement floor and garage,
and the average size of the townhouses in any group shall be a minimum
of one thousand two hundred (1,200) square feet.
3.
Yards.
a.
Front yard: twenty-five (25) feet minimum.
b.
Rear yard: thirty (30) feet minimum.
c.
Side yard: A minimum side yard of twenty (20) feet shall be
provided between the end of a group of townhouses and an interior
side lot line, and fifteen (15) feet between the end of such a group
and a public or private street, such fifteen-foot setback to be unencumbered
by walls, fences or other structures or buildings. A spacing of twenty
(20) feet shall be provided between each group of townhouses, and
an additional ten (10) feet shall be required if a driveway is provided
between such groups. Such separation between such groups shall be
unencumbered with walls, or other structures, or other obstructions
which will prevent emergency vehicular access between such groups.
4.
Height. The maximum height for any townhouse shall be thirty-five
(35) feet.
5.
Special Considerations.
a.
Grouping Length. A grouping of townhouses shall not exceed two
hundred (200) feet in length.
b.
Street Access. Each group or cluster of townhouse sites must
have a clear, direct access to public streets.
c.
Street Right-Of-Way Width And Improvements. The right-of-way
width of streets serving a group of townhouses and the improvements
therein shall conform to all applicable minimum City standards and
requirements for such streets.
d.
Utilities And Services. Each townhouse shall be independently
served by separate heating, air conditioning, sewer, water, electric,
gas and other facility and utility services, wherever such utilities
and services are provided, and no townhouse shall be in any way dependent
upon such services or utility lines located within another unit or
on or in another townhouse or townhouse site, except as may be installed
in public easements. All townhouses must be connected to public water
and sewer lines. Proper and adequate access for firefighting purposes,
and access to service areas to provide garbage and waste collection,
and for other necessary services shall be provided.
6.
Accessory Buildings. No accessory structure shall be permitted
in unwalled or unscreened areas on sites containing a townhouse, and
where located within an area enclosed with walls, shall not extend
above the height of the walls.
7.
Common Areas. In addition to the area required for each unit
site, an area consisting of either the difference in area between
five thousand (5,000) square feet and the square foot area for each
unit site or twenty percent (20%) of the gross land area of the townhouse
development, whichever is greater, shall be provided along with such
other lands commonly owned and permanently maintained open space.
Such open space may be accepted by the Board of Adjustment for dedication.
8.
Maintenance Of Common Areas. Provisions satisfactory to the
Board of Adjustment shall be made to assure that non-public areas
and facilities for common use of townhouse development occupants shall
be maintained in a satisfactory manner without City expense.
9.
Parking. A minimum of two off-street parking spaces shall be
provided for each townhouse. Such parking spaces may be provided on
the townhouse lot, or in a commonly owned or maintained off-street
parking facility.
