(a)
The PC zone is established to provide flexibility in development
planning, which in some instances may not conform with land use patterns
designated in the zoning map or district regulations prescribed by
this article or the subdivision ordinance. A development in a PC zone
may include a variety of land uses which creatively complement each
other and harmonize with the existing and proposed land uses in the
nearby area. Creative development of land use which allows the flexibility
to develop a well-planned comprehensive unit is encouraged in a PC
zone. Patterns of city growth coinciding with the comprehensive plan
may be complemented by a PC development with its variety which conform
with the goals of the general plan. The town council is empowered
to grant permits for PC developments only after review and recommendation
by the planning and zoning commission under procedures established
herein.
(b)
The zoning for land zoned planned center zone (PC) shall be that
shown on the development and site plan that shall be approved and
made a part of the adoptive ordinance and any written special conditions
within or attached to the adoptive ordinance or development plan.
(Ordinance 2013-3-5B adopted 3/5/13)
The following uses are permitted as part of an approved PC development:
(1)
Shopping centers;
(2)
Office parks;
(3)
Civic centers or community centers;
(4)
Average density single-family residential development (AD) (see section 14.02.459 of this article).
(5)
High-density residential areas (HD), including multifamily and single-family residences (see section 14.02.460 of this article).
(6)
Uses permitted in all previous districts, including but not limited
to the above. The town council, after review and recommendation by
the planning and zoning commission, shall have the sole discretion
on which cumulative zoning uses may be included in a PC development
presented for approval by a developer; and
(7)
For purposes of this article, land use designation in a PC development
shall reflect a specific zone classification in determining allowed
uses. At the time this article is approved, other uses may be considered
by the planning and zoning commission and the town council if additional
uses are shown to be harmonious with other development uses and adjoining
land uses.
(Ordinance 2013-3-5B adopted 3/5/13)
The following are prohibited uses:
(1)
Any building erected on land used for any other uses than those shown
on the PC development plan, as approved by the town council.
(2)
Any use of property that does not meet the required minimum lot size;
front, side and rear yard dimensions and/or lot width; or exceeds
the maximum height, building coverage or density per gross acreage
as shown in the development’s recorded development plan, as
approved by the town council.
(3)
Any use deemed by the town council as being detrimental to the health,
safety or general welfare of the citizens of the town.
(Ordinance 2013-3-5B adopted 3/5/13)
(a)
Area requirements for each use shall satisfy the standards applicable
to such uses as if those uses were situated in the least restrictive
district in which such uses are permitted, or demonstrate that the
intent of the standards has been met in accordance with good planning
practices.
(b)
Modification of the area requirements contained in this article:
(1)
The proposed modifications substantially meet the intent of the zoning
and subdivision ordinances and the comprehensive plan.
(2)
The proposed modification provides for better project design.
(3)
The combination of different dwelling types and/or the variety of
land uses in the development will complement each other and will harmonize
with existing and proposed land uses in the vicinity.
(4)
The development will not generate more traffic than the streets in
the vicinity can carry without congestion and the development will
not overload municipal services.
(5)
Financial reasons shall not be the sole reason for modification of
standards.
(c)
All tracts approved for PC zones shall have a sewage treatment plant
or waste disposal system installed and maintained by the owner or
agent. Such treatment plant will meet the minimum state requirements.
All requirements of the state as to sanitation, water quality preservation
and pollution will be met.
(d)
An adequate and safe sewage system shall be provided for conveying
sewage to the treatment plant. The sewer system shall be constructed
in accordance with applicable local and state health regulations,
and the design of the proposed sewage disposal facilities shall be
approved by the town prior to construction. Effluent from sewage treatment
facilities shall not be discharged into any waters of the state except
with prior approval of the town and the state commission on environmental
quality.
(e)
Wiring, fixtures, equipment and appurtenances of every electrical
wiring system shall be installed and maintained in accordance with
applicable codes and regulations for such systems. All distribution
and service lines of electrical, telephone, television, and other
wire-carrier type utilities shall be underground, except that the
system of supply lines for multiple subdivision service by utilities
may be overhead. Transformers, amplifiers, or similar devices associated
with the underground lines shall be located upon the ground or below
the ground level. Where the underground installation of such facilities
is not a standard practice of the utilities involved, the subdivider
or developer shall make all arrangements for payments associated with
the nonstandard installation.
(f)
A system for the storage, collection and disposal of refuse will
be conducted so as to create no health hazards, rodent harborage,
insect breeding areas, accident or fire hazards, or air pollution.
(g)
Natural gas piping systems shall be installed underground and maintained
in accordance with applicable codes and regulations governing such
systems. Piped gas shall have a cap on the outlet when not in use
to prevent accidental discharge of gas, and shall be in accordance
with applicable town codes. Liquefied petroleum gas systems shall
not be installed in PC zones.
(h)
An adequate, safe and potable supply of water shall be provided by
the owner or agent. Connection shall be made to the town water system.
Each PC development shall have one single commercial water meter from
the town, regardless of distribution among the business tenants, unless
separate meters are deemed necessary by the public works commission.
(i)
All water mains shall be 12 inches or larger to the point of takeoff
for any buildings.
(j)
Fire hydrants shall be provided by the owner or agent and shall be
located so that no structure or portion of structure will be more
than 150 feet from the hydrant measured along streets or driveways.
(k)
All walls separating business entities shall have a minimum fire
resistance rating in accordance with the Southern Building Code.
(l)
Each tenant space shall have installed and maintained, by the owner
or agent of the planned center, both smoke and heat detection equipment
approved by the town fire marshal.
(m)
All streets and parking lots must be paved, as a minimum, according
to town specification, or according to any additional specifications
as may be set forth by the public works commission and/or the planning
and zoning commission in the interest of public safety and convenience.
(n)
Each PC development shall have direct access from a public street.
(o)
All telephone service lines shall be installed underground.
(p)
Each tenant space, whether by original design or by subsequent alteration,
division or partitioning, that will be open to the public for sales
or service, shall have installed separate toilet facilities for men
and women in accordance with the laws of the state.
(q)
In approving the PC zone and preliminary and/or development plan,
the town council shall, after recommendations by the planning and
zoning commission, specify such land uses, maximum height, floor area
ratios, density, minimum off-street parking and loading standards,
setbacks, site coverage, building spacing, access, screening walls
or landscaping, building area, open space, pedestrian ways, public
or private streets, alleys, and other development and protective requirements
considered necessary to protect the health, safety and general welfare,
and to create a reasonable transition to a protection from property
adjacent to a PC zone. Such standards shall be specified in the ordinance
establishing the zone, and in the preliminary plan and the development
plan. The town council shall require that any PC development, prior
to presentation to the council, shall be submitted to the planning
and zoning commission for their recommendations to the council.
(Ordinance 2013-3-5B adopted 3/5/13)
(a)
An application for a PC zone shall be made to the planning and zoning
commission in the same manner that an application for a zoning change
is made. An application shall include and be accompanied by a preliminary
plan as required in this section. A complete development plan as set
forth in this section may be substituted for a preliminary plan, and
will constitute both the preliminary and the development plan. An
approved development and site plan shall become a part of the adoptive
ordinance. The zoning for land zoned planned center zone (PC) shall
be that shown on the development and site plan that shall be approved
and made a part of the adoptive ordinance and any written special
conditions within or attached to the adoptive ordinance of development
plan.
(b)
In addition to the requirements outlined in this section, the planning and zoning commission and town council may require additional information or special plans related to specific elements of the PC development. Each applicant must also follow the town site plan review regulations set forth in article 14.03 of this code. Upon receipt of the application and preliminary plan, the town secretary or a designated representative shall follow notification requirements for a public hearing.
(1)
Preliminary plan.
(A)
An applicant may submit a preliminary plan with the application for
a PC zone if the applicant is not ready to begin development of part
or all of the site. The preliminary plan shall contain all information
necessary to ensure that the development complies with all applicable
regulations and requirements.
(B)
The preliminary plan shall be prepared on a site topography base
map at a scale of 1"–100', or at a scale to be specified by
the town staff, with no less than five-foot contour intervals and
shall include:
(i)
A metes and bounds description of the entire PC development
tract.
(ii)
A drawing locating floodplain areas, water bodies, creeks, drainage
areas, and significant natural features such as major tree groupings
and important view corridors.
(iii)
Sufficient evidence to establish that the applicants are in
fact all the owners or have control of all outstanding interest of
the land and structures thereon.
(iv)
A drawing locating all land use areas, showing proposed gross
acreage of each use, maximum lot coverage, maximum height, minimum
setbacks, residential densities, approximate gross floor area and
floor area ratio for all commercial, industrial and office uses.
(v)
Location of all major access points, thoroughfares, and collectors
within the development.
(vi)
Identification of all major land use classifications and the
approximate acreage within the development as related to current zoning
district designations or the specific purpose. The designated usage
will not be assumed to establish area requirements as established
within the zoning district, but these requirements shall be used as
guidelines in the final determination of area requirements.
(vii)
Indication of each phase of development if the proposed PC development
is to be implemented in separate phases.
(viii)
Indication by acreage or percentage of total
development of all major areas planned for public and private open
space, and notification if any part of the development lies in floodplain
areas.
(ix)
Land area included with the site and the land area of all abutting
sites with the zoning classifications thereon, and dimensions and
locations of all public and private rights-of-way and easements bounding
and intersecting the site.
(x)
Estimates of traffic volumes and turning movements shall be
required.
(xi)
The preliminary plan shall be signed by the applicant’s
engineer and planner. A location map shall accompany the concept plan,
showing the relationship of the planned development to adjacent properties
and the land uses and thoroughfares shown on the comprehensive plan
and intended for the area.
(C)
The application by the owner or owners to the planning and zoning commission for approval of the preliminary plan shall be handled in the same manner as any zoning change under the zoning ordinance. The applicant shall submit the appropriate number of copies of the preliminary plan to the town secretary or a designated representative for presentation to the planning and zoning commission (see article 10.02). The planning and zoning commission shall make a recommendation to the town council to either approve or deny the rezoning to PC development, and to either approve, modify, or deny the preliminary plan and conditions. Upon appeal and hearing before the town council, the town council may approve or deny the rezoning request and may approve, deny or modify the preliminary plan.
(D)
(i)
If the applicant has not submitted a revised plan, a development
plan or construction plan, or a plat, within a two-year period immediately
following approval of a preliminary plan by the town council, then
the preliminary plan shall be deemed to have expired at the end of
said two-year period and the applicant shall thereafter be required
to resubmit the preliminary plan, a revision thereto, or a new preliminary
plan for review and approval by the planning and zoning commission
and the town council before any development project may proceed.
(ii)
If an applicant desires to request an extension beyond the two-year
expiration period, then said applicant shall submit - before the expiration
of the two-year expiration period - a written request justifying each
reason for that extension to the town staff, which shall make its
recommendation based on the merits of said request. Said extension
request shall require a public hearing before the planning and zoning
commission and town council. An extension shall not exceed one year
from the expiration date of the original preliminary plan. An extension
request may be approved or denied by the town council.
(iii)
The two-year expiration period shall be instituted upon adoption
by the town council of this ordinance amendment. All preliminary plans
that are existing and were previously approved prior to the adoption
of this amendment shall maintain the three-year expiration period,
and those preliminary plans that are existing and were previously
approved when the expiration period was twelve years or five years,
shall maintain the twelve-year or five-year expiration period.
(2)
Development plan.
(A)
An applicant must submit a final development plan which shall be
recorded and kept on file by the town. The development plan must conform
to the approved preliminary plan, either for the total PC zone, or
for each phase. The planning and zoning commission shall then review
the final development plan, making its recommendations to the town
council, for the town council’s final public hearing.
(B)
The appropriate number of copies of the development plan shall be submitted to the town secretary in such a manner as prescribed procedurally in article 10.02.
(C)
Major changes in the development plan shall be considered the same
as amendments to the zoning ordinance and preliminary plan approval
and shall be processed as required. The following changes are not
considered major changes:
(i)
Changes that do not alter the basic relationship of the proposed
development to adjacent property;
(ii)
Changes that retain the character of the development;
(iii)
Changes that do not significantly alter the uses permitted,
or increase the density, setbacks, height, or coverage of the site;
and
(iv)
Changes that do not increase the problems of traffic circulation,
safety, or utility requirements.
(D)
Changes that meet these criteria may be approved by the planning
and zoning commission and the town council without a formal public
hearing.
(E)
If the development plan deviates from the approved preliminary plan,
the planning and zoning commission and town council shall reject and
disapprove such a plan and conditions and require a new application,
filing fee, and advertised public hearing.
(F)
The development plan, in addition to the items included in the preliminary
plan, shall include or show:
(i)
The development plan of the entire PC development or the proposed
phase at a scale of 1"–100', or as specified by town staff and
showing the proposed finished grade of the area at two-foot intervals.
(ii)
In addition to data and drawings prescribed, the application
shall be accompanied by a tabulation of the area proposed to be devoted
to each land use and a tabulation of the average population density
per net acre and per gross acre in the area or areas proposed to be
devoted to residential use.
(iii)
A description of the proposed lot or lots and the boundaries
thereof, and proposed setbacks on the lots.
(iv)
With the exception of single-family dwellings, the location
of each existing and each proposed structure in the development, the
use or uses to be contained therein, the number of stories, the gross
floor area, and the location of entrances and loading points thereof.
If a particular type structure is to be built a number of times, a
typical lot layout may be required.
(v)
All public rights-of-way, curb cuts, driving lanes, parking
areas, loading areas, public transportation areas, and illumination
facilities for the same, including existing facilities to be relocated.
Design criteria for illumination facilities may be required.
(vi)
All pedestrian walks, malls, and open areas for use by tenants
or visitors.
(vii)
All reservations for public uses, including parks, playgrounds,
schools and other open spaces.
(viii)
The location and height of each wall, fence
and screen planting used as a buffer between uses and from adjacent
property owners.
(ix)
All landscaped areas, including any reserved open space to be
retained. Detailed landscaping plans may be required.
(x)
The location, size, height, and orientation of each sign. Please refer to the sign regulations as outlined in article 3.13.
(xi)
Facilities for waste disposal on other than single-family uses.
(xii)
Proposed street names for all public and private roads.
(xiii)
Elevations and/or perspective drawings may be
required in order that the relationship of the buildings to adjacent
property, open spaces and to other features of the development plan
may be determined. This subsection does not apply to single-family,
duplex, and townhouse lots.
(xiv)
Any or all of the required features may be incorporated on a
single drawing if such drawing is clear and suitable for evaluation
by the town staff and town officials.
(xv)
A legal instrument establishing a plan for permanent care and
maintenance of any common areas or communally owned facility must
be submitted before the development plan will be approved. All such
instruments shall be submitted before the development plan will be
approved. All such instruments shall be approved by the town attorney
as to legal form, and the planning and zoning commission and the town
council as to suitability for the proposed use of the common area.
(xvi)
The title page of each application and set of plans shall be
signed by the applicant’s architect, planner, landscape architect,
engineer and/or land surveyor if these services are required. In addition
to an engineer and a planner, the applicant’s submittal may
be required to contain the professional services of at least two of
the remaining three professionals involved in the design and construction
of the environment.
(G)
Phase developments.
The preliminary plan shall
be divided into sections of proposed development so that in any section
of an approved final development plan there will be definitely established
lines showing the resulting boundaries of the reduced PC zone.
(H)
Effects of recording.
All final development plans
approved hereunder shall be binding upon the applicant, their successors
and assignees, shall limit and control the issuance and validity of
all permits, and shall restrict and limit construction, locations,
use and operation of all land and structures included within such
plans to all conditions and limitations set forth in such plans.
(I)
Issuance of permit.
(i)
Upon, but not before, the approval of the development plan as
herein set forth, and completion of platting requirements as set forth
in the subdivision ordinance, the applicant(s) for said plan shall
be entitled to apply for such permits and certificates as are necessary
to proceed with the accomplishment of such plan.
(ii)
Upon approval of the preliminary plan and rezoning of the land
parcel to PC zoning, and upon the approval of the development plan,
the applicant shall proceed with the accomplishment of said development
plan in accordance with other ordinances of the town.
(J)
Compliance with development and site plan.
The
building official shall ensure compliance with this article, the preliminary
plan and the development/site plan. The building official or a designated
representative shall:
(i)
Make inspections to determine compliance with the provisions
of this article and the preliminary plan and development plan, and
initiate appropriate action if necessary.
(ii)
Investigate thoroughly any complaints of noncompliance concerning
the development plan and keep a record of all complaints indicating
any action taken.
(iii)
Upon determination of noncompliance with the development plan,
the town secretary or a designated representative shall give written
notice to the property owner of the nature of the violation, the necessary
action to remedy the violation, and the time period, not less than
ten days nor more than 30 days after the date of notification, within
which to comply; and notify the planning and zoning commission of
noncompliance if the violations have not been corrected with the prescribed
time period.
(Ordinance 2013-7-2D, sec. 1, adopted 7/2/13; Ordinance 2013-3-5B adopted 3/5/13)
(b)
The final development plans required under this section may be submitted
in a form which will satisfy the requirements of the subdivision ordinance
for the preliminary and final plans required under those regulations.
(Ordinance 2013-3-5B adopted 3/5/13)
All PC districts approved prior to adoption are brought forward
and shall remain in full force and effect in accordance with the district’s
adoptive ordinance and shall be referenced on the zoning district
map by date and ordinance number.
(Ordinance 2013-3-5B adopted 3/5/13)
(a)
In general, all buildings in a PC zone should be no taller than 35
feet. However, in order to accommodate the flexibility of a PC zone,
it is recognized that some land uses (such as office towers) will
require heights in excess of this restriction. Allowances for height
variances will be made, while attempting to maintain the integrity
of existing and planned residential areas.
(b)
In an approved PC zone, adequate space setback must be maintained
between buildings in excess of the maximum height (35 feet) near residential
areas. A formal variance from the height restrictions will be required;
however, the following guidelines are to be followed when exceeding
the maximum height:
|
Floor Area Ratio (FAR)
| |||
|---|---|---|---|
|
Max. Height
|
FH, AG, RE-1, RE-2
|
Required Setback
GB, PC, MH
|
Adjacent To
|
|
70–104 ft.
|
1:1
|
200 ft.
|
100 ft.
|
|
105–135 ft.
|
1:1
|
300 ft.
|
150 ft.
|
|
A special variance shall be required for all structures in excess
of either 175 feet or a floor area ratio of 0.5:1, whichever is more
restrictive. All parking garages shall not exceed 35 feet in height.
|
(Ordinance 2013-3-5B adopted 3/5/13)
(a)
Purpose.
The average density single-family residential
development procedures and requirements are designed to allow for
development of single-family homes that may have lot sizes smaller
than what would otherwise be required under the applicable underlying
zoning district (“base zoning district”); provided, however,
that the town council finds that the proposed lot sizes and development
configuration as a whole would significantly enhance what would otherwise
result from application of the base zoning district.
(b)
Specific requirements.
(1)
An average density (AD) development shall not be approved “by
right,” and any approval is subject to the requirements set
forth in this section and other conditions that may be placed upon
any given AD development. An applicant shall proceed through the zoning
public hearing process, and shall only be granted AD development approval
after review and recommendation by the town staff and planning and
zoning commission, and review and approval by the Fairview town council.
Approval of an AD development shall be by ordinance, and shall result
in a new zoning district classification for the subject property.
(2)
While an AD development can have varied lot sizes, the overall number
of lots proposed for the subject property may not exceed the maximum
number of lots allowed under the base zoning district. The following
methodology for determining the maximum number of lots in an AD development
shall apply:
(A)
In determining maximum number of lots for an AD development, the
gross acreage of the subject property, less 20% of the gross acreage,
as estimated for the provision of right-of-way, shall be used to determine
the net developable area and the maximum number of lots on the subject
property given its base zoning district.
(B)
Alternatively, if an applicant believes that the methodology described in subsection (2)(A) above would not accurately determine the developable area and maximum number of lots on the subject property, an applicant may opt to submit a preliminary plan for the subject property that fully conforms to the subdivision regulations and the existing base zoning district (or projected density under the future land use plan if the base zoning district is AG) for the property. If upon staff review, the preliminary plan does in fact fully conform to all applicable town ordinances and regulations, then the number of lots provided for in that preliminary plan shall be deemed to be the maximum number of lots permitted for that particular AD development.
(3)
The AD development process shall only be considered for properties
with base zoning of AG, RE-1.5, RE-2, and/or RE-3. For lots that are
zoned AG, the projected residential density shall he based on the
recommendations of the future land use plan.
(4)
No lot in any AD development shall be less than:
(5)
In AD developments, lot coverage, building setbacks and minimum lot
widths shall conform to the requirements provided for in the RE-1
zoning district.
(6)
A preapplication meeting with the town’s planning department
staff shall be mandatory as part of the AD development process.
(c)
Average density development amenities.
(1)
As a condition of AD development approval, the following types of
amenities (as well as others that may be required by the town) must
be shown in the applicant’s plan, which must also include a
schedule for installing/constructing/establishing/ maintaining such
amenities:
(A)
Additional open space and/or open space accessible to the public
and/or additional active or passive recreational facilities.
(B)
Enhanced landscaping requirements.
(C)
Additional linkages/components to a community trail system (hike,
bike, pedestrian, equestrian).
(D)
Additional preservation and/or enhancement of Fairview’s historic,
social and/or cultural amenities.
(E)
Art.
(F)
Plazas.
(G)
Children’s play area(s)/playgrounds.
(H)
Enhanced preservation of natural areas and/or environmentally sensitive
areas.
(I)
Picnic facilities and shelters.
(J)
Existing scenic views or vistas being required to remain unobstructed,
especially from public streets.
(K)
Other public benefits and/or amenities.
(2)
In certain circumstances, AD development applicants may request the
establishment of amenities that are larger and/or require more acreage
than typical AD development amenities. Under such circumstances, the
minimum AD lot size otherwise set forth in this section may be considered
for further reduction, based on review and recommendation of town
staff and the planning and zoning commission with final approval of
the town council. However, under no circumstances shall the number
of lots exceed the maximum number established under this section.
(Ordinance 2013-3-5B adopted 3/5/13)
(a)
Purpose.
High-density residential (HD) is designed to
allow for development of residential facilities consisting of single-family
homes, condominiums, townhouses and apartments within the PC zone.
(b)
General provisions.
General provisions and permitted
accessory uses are separated into two categories: development of multifamily
areas such as duplexes and apartment buildings, and development of
areas exclusively for single-family homes. Multifamily units and single-family
units will not be intermixed as a single development. Minimum acreage
for high-density subdivision will be 12 acres. Minimum lot sizes will
be dependent on structure and development type, as specified below.
(1)
Multifamily development.
(A)
All multifamily buildings shall be 80% masonry-faced except for gables
and roofs.
(B)
All buildings will be limited to 35 feet in height.
(C)
Each development of multifamily structures will have direct access
from a public street or road. Internal streets shall be dedicated
to the public as emergency access easements to allow for rapid and
safe movement of vehicles used for purposes of providing emergency
health or public safety service. Each emergency access easement shall
have a clear, unobstructed width in compliance with town ordinances
on street and road design, shall connect at each end to a public street,
or shall have a turnaround of 80 feet in diameter; corners of intersecting
streets shall have sufficient turning area to permit free movement
of emergency vehicles. Designated walkways will be paved and provided
on both sides of such roadways or streets. All streets will be named,
with approval of names, by the planning and zoning commission. Street
signs will be installed at each intersection and will be of standard
size and placement to facilitate location by emergency vehicles.
(D)
A minimum of two paved off-street parking spaces shall be provided
for each living unit.
(E)
Standard town fire hydrants will be provided by the developer, located
within 300 feet of every multifamily structure, measured along driveways
or streets.
(F)
Wiring, fixtures, equipment and appurtenances of every electrical
wiring system shall be installed and maintained in accordance with
applicable codes and regulations for such systems. All distribution
and service lines of electrical, telephone, television, and other
wire-carrier type utilities shall be underground, except that the
system of supply lines for multiple subdivision service by utilities
may be overhead. Transformers, amplifiers, or similar devices associated
with the underground lines shall be located upon the ground or below
the ground level. Where the underground installation of such facilities
is not a standard practice of the utilities involved, the subdivider
or developer shall make all arrangements for payments associated with
the nonstandard installation.
(G)
An approved sewage treatment plant shall be installed and maintained
by the owner or agent and shall meet the minimum state requirements.
No septic tanks will be permitted except for a duplex home where a
separate septic system must be provided for each family unit and where
each duplex structure will be placed on a minimum of two acres. An
adequate and safe system shall be provided for conveying sewage to
the treatment plant. This sewage system will be constructed in the
accordance with applicable local and state health regulations, and
the design of the proposed system shall be approved by the town prior
to construction. Effluent from sewage treatment facilities shall not
be discharged into any waters of the state except with prior approval
of the town and the appropriate state regulatory agency.
(H)
Duplex structures excepted, all other multifamily units shall have
a system for the storage, collection and disposal of refuse which
will be conducted so as to create no health hazards, rodent harborage,
insect breeding areas, accident or fire hazards, or air pollution.
Garbage chutes, internal or external, shall be prohibited.
(I)
The minimum floor area per apartment living unit shall be 600 square
feet. The minimum allowable density shall be 300 square feet per adult
and 150 square feet per child in any living unit. Children under three
years of age will be excluded from this density ratio.
(J)
Maximum size of each main structure shall not exceed 7,000 square
feet in total ground floor area.
(K)
All walls separating living units shall have a minimum fire resistance
rating in accordance with the Southern Building Code.
(L)
Minimum lot area for each multifamily structure, excluding duplexes
with septic systems, shall be one acre. Minimum lot dimensions shall
be a width of 120 feet and a depth of 150 feet. Minimum yard, floor
areas, and ground coverage are as follows:
(M)
Duplexes providing two living units and two separate septic systems will have a minimum lot area of two acres. Other area regulations specified in subsection (L) above will apply to duplexes.
(N)
All family units shall have both smoke and heat detection equipment
installed in each living unit. Such equipment shall be approved by
the town fire marshal.
(O)
Recreational and open space areas are a necessity in high-density
development areas. Such sites are of mutual benefit to the developer
and to the public. Therefore, the subdivider shall include his preliminary
and final plat plans for such recreational and open space areas. Where
these sites are for the exclusive benefit of the subdivision, they
shall be dedicated as a part of the final plat. Where such sites serve
a larger area or need, the areas will be dedicated to the town, under
the condition that the town approves acceptance of the site. No final
plat shall be approved for high-density development without such open
space areas (see section 10.02.251 et seq.).
(2)
Single-family development.
(A)
All buildings will be limited to two stories or 35 feet in height,
whichever is less.
(B)
Each single-family development in a high-density area will have direct
access from a public street or road. Streets internal to the development
shall be dedicated to the public as emergency access easements to
allow for the rapid and safe movement of vehicles used for purposes
of providing emergency health or public safety services. Each emergency
access easement shall have a clear, unobstructed width in compliance
with town ordinances on street and road design, shall connect at each
end to a public street, or shall have a turnaround of 80 feet in diameter;
corners of intersecting streets shall have sufficient turning area
to permit free movement of emergency vehicles. Designated paved walkways
will be provided on both sides of such roadways or streets. All streets
will be named with approval of the planning and zoning commission.
Street signs will be installed at each intersection and will be of
standard size and placement to facilitate location by emergency vehicles.
(C)
The minimum floor area in each unit shall be 1,250 square feet, exclusive
of breezeways, garages, porches, and servants’ quarters.
(D)
Buildings shall be 80% masonry-constructed or 80% masonry-faced,
except for gables and roofs.
(E)
Area specifications:
(i)
Front yard: Minimum depth of 30 feet. Open porches, fireplaces,
and other architectural appendages may project into the required front
yard for a distance not to exceed five feet from the main structure,
if the main structure is at the minimum depth allowable. Where lots
have double frontage running through from one street to another, the
required front yard shall be provided on both streets.
(ii)
Side yard: Minimum width of 20 feet, with roof eaves or cornices
extending no more than two feet into the side yard. Swimming pool
equipment, compressors, pumps, air-conditioning units, or other units
that may create undesirable noise to the adjacent property owner,
may not be located in the required side yard.
(iii)
Rear yard: Minimum depth of 25 feet from lot boundary to the
main structure.
(iv)
Minimum area of building lot: 12,000 square feet.
(v)
Minimum width of building lot: 90 feet.
(vi)
Depth of lot: A minimum of 125 feet. Lots located on a cul-de-sac
may be less than 125 feet in depth provided that one side of the lot
is at least 125 feet in depth and that the lot meets width and area
requirements.
(F)
Two standard, paved, off-street parking spaces shall be provided
with each living unit.
(G)
Lot coverage of all buildings shall not exceed 30% of the area of
the lot.
(H)
An approved sewage treatment plant shall be installed and maintained
by the owner or agent and shall meet the minimum state requirements.
No septic tanks will be permitted. An adequate and safe system shall
be provided for conveying sewage from each living unit to the treatment
plant. This sewage system will be constructed in accordance with applicable
state and local health regulations, and the design of the proposed
system shall be approved by the town, prior to construction. Effluent
from the sewage treatment facilities shall not be discharged into
any waters of the state except with prior approval of the town and
the state commission on environmental quality.
(Ordinance 2013-3-5B adopted 3/5/13)
(a)
The keeping of cats, dogs, or other household pets shall be permitted
but limited to two animals per dwelling unit.
(c)
Home occupations shall be allowed as described for RE-1 and RE-2
districts and as per this article.
(d)
Special uses may be allowed in this zone subject to the conditional
use regulations in this article.
(e)
There shall be a ten (10) foot setback from the property line for
swimming pools and any construction and/or use(s) related to swimming
pools for the lots within the Cypress Crossing Subdivision area that
is zoned planned center zone (PC). Further shown on exhibit A, attached
to Ordinance 2009-3-3D.
(Ordinance 2013-3-5B adopted 3/5/13)
