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November 18, 2004 Agenda
AGENDA CITY OF DENTON CITY COUNCIL November 18, 2004 Joim Meeting of the City of Demon City Council and the Planning and Zoning Commission on Thursday, November 18, 2004 at 7:00 a.m. in the Council Work Session Room, 215 E. McKinney, Demon, Texas at which the following items will be considered: Receive a report, hold a discussion, and give staff direction regarding adopting zoning amendments to the Denton Development Code affecting multi-family development including, without limitation, requiring Specific Use Permits for all multi-family developmem in the City of Demon. NOTE: The City Council reserves the right to adjourn imo a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of , 2004 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: November 18, 2004 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - SI04-0036 (SUP for Multi-family) Receive a report, hold a discussion, and give staff direction regarding adopting zoning amendments to the Denton Development Code affecting multi-family development, including, without limitations, requiring Specific Use Permits for all multi-family developmem in the City of Denton. BACKGROUND Applicam: City of DeNon, DeNon TX On September 20, 2004 City Council directed staff to proceed with amendments to the Developmem Code (Attachmem 1) that would include requiring a Specific Use Permit (SUP) for all multi-family developmem. The Developmem Code allows multifamily by right (or with a limitation unrelated to a special use permit) in the following zoning categories: · Neighborhood Residemial Mixed Use 12 (NRMU-12) · Dowmown Residemial 2 (DR-2) · Dowmown Commercial Neighborhood (DC-N) · Dowmown Commercial General (DC-G) · Community Mixed Use General, (CM-G) · Community Mixed Use Employmem (CM-E) · Regional Cemer Residemial 1 (RCR-1) · Regional Cemer Residemial 2 (RCR-2) · Regional Cemer Commercial Neighborhood (RCC-N) · Regional Cemer Commercial Dowmown (RCC-D) Were the Council to adopt the proposed text amendment, all multi-family development proposed in these districts would require an approved SUP. Direction is sought concerning the potential creation of non-conforming uses, in cases where apartmems already exist, and in determining at what poim in the developmem process this proposed amendmem would apply to projects already in progress. For example, should this amendmem apply to projects recemly rezoned to allow multiple family projects? Should the automatic special exception set forth in Sub-Chapter 11 of the Developmem Code be amended to apply to all existing (built) multiple family projects? Multifamily is not allowed in the following zoning categories: · Rural Residential (RD-5) · Neighborhood Residential 1 (NR-1) · Neighborhood Residential (NR-2) · Neighborhood Residential 3 (NR-3) · Neighborhood Residential 4 (NR-4) · Neighborhood Residential 6 (NR-6) · Downtown Residential 1 (DR-l) · Employment Center Commercial (EC-C) · Employment Center industrial (EC-i) · industrial Center Employment (lC-E) · industrial Center General (lC-G) Additionally, the following two zoning categories now require approval of an SUP: · Rural Commercial (RC) · Neighborhood Residential Mixed Use (NRMU) No changes to these zoning categories are proposed. ESTIMATED PROJECT SCHEDULE December 1, 2004 - Planning and Zoning Commission consideration and recommendation. PRIOR ACTION/REVIEW September 20, 2004 - City Council Work Session. October 13, 2004 - Planning and Zoning Commission Public Hearing November 16, 2004 - Joint City Council/Planning and Zoning Public Hearing FISCAL INFORMATION The SUP requirement will require additional time and "upfront" cost for preparation of required plans (Attachment 1) for developers proposing to develop multi-family developments. ATTACHMENTS 1. Staff Analysis 2. Sub-chapter 5 of the Development Code. Prepared by: ~A~rry R~_~ha~; RLA, ssista~t Director of Planning and Development Prepared by and respectfully submitted, Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Summary_ of Request Staff Analysis The following tables are from Subchapter 5 of the Development Code and reflect the results of the proposed amendment. The highlighted categories identify the ten zoning districts that would be modified by the proposed requirement for a Specific Use Permit (SUP). N Multi-Family Dwellings N SUP SUP L(4) Multi-Family Dwellings Multi-Family Dwellings N Multi-Family Dwellings N N P-- Permitted, N--not permitted, SUP-- S ~ecific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(4) = Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with office, retail or other permitted commercial or institutional uses. L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(6) = Permitted only on 2nd story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. Specific Use Permit Requirements: Subchapter 35.6 (Specific Uses) idemifies the requiremems and procedures for approval of Specific Use Permits. Listed below are the plan requirements, approval criteria and conditions of approval. 35.6.4 A. Bo Plan Requirements. A plan is required to be submitted for all Specific Use Permit applications in accordance with the Application Criteria Manual. An application for a Specific Use Permit may, but need not be, made concurrently with any required application for site design review under Subchapter 13. 35.6.5 Approval Criteria. A Specific Use Permit may be grained if the City Council finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The DeNon Plan and federal, state, or local law. B. A specific permit shall be issued only if all of the following conditions have been found. 1. That the specific use will be compatible with and not injurious to the use and enjoymem of other property nor significamly diminish or impair property values within the immediate vicinity. 2. That the establishment of the specific use will not impede the normal and orderly developmem and improvemem of surrounding vacam property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangemem of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacem developmems; 5. That adequate nuisance prevention measures have been or will be taken to prevent or comrol offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacem property. C. That adequate capacity of infrastructure can and will be provided to and through the subject property. D. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmemal pollutams. 5. Generation of noise, light, and glare. 6. The developmem of adjacem properties as envisioned in The DeNon Plan. 7. Other factors found to be relevant to satisfy the requirements of this Chapter. 35.6.6 Conditions. The conditions which the approval authority may impose include, but are not limited to the following. These conditions are in addition to the standards required in this Chapter. A. Regulation and limitation of uses. B. Regulation of setbacks and spacing. C. Regulation of fences and walls. D. Requirement to submit a Development Plat, to insure the proper dedications and public improvements are made. E. Regulation limiting the magnitude of traffic generated. F. Regulation ofpoims of vehicular and pedestrian ingress and egress. G. Regulation of signs. H. Regulation of building materials, textures, colors and architectural features. I. Regulation of landscaping, including screening and buffering where necessary to increase compatibility with adjoining uses. J. Regulation of noise, vibration, dust, odors or similar nuisances. K. Regulation of hours of operation and the conduct of certain activities. L. Regulation of the period of time within which the proposed use shall be developed. M. Regulation of the duration of use. N. Regulation of any Environmemally Sensitive Areas as allowed under Subchapter 17. O. Regulation of any site development condition permitted by Subchapter 13. P. Such other conditions as will make possible the developmem of the City in an orderly and efficient manner and in accordance with the provisions of this Chapter that are reasonable. ATTACHMENT 2 Subchapter 24 Development Code Subchapter 5 - Zoning Districts and Limitations 35.5.1 Rural Districts Sections: 35.5.1.1 Purpose. 35.5.1.2 Permitted Uses. 35.5.1.3 General Regulations. 35.5.1.1 Purpose. The purpose of a Rural District is to maintain an area of rural use within the City of Denton. Application of th/s district ~vill ensure that the farming, forest, environmental and sceaic values of these areas are protected from incompatible development that may result in a degradation of their values. Land Use categories xvithin a Rural District include: RD-5 Rural Residential RC Rural Commercial 35.5.1.2 Permitted Uses. The follo~ving uses and their accessory uses are permitted as contained in the use table belo~v: (Amended ()rd. No 2004-009 01/06/2004) Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units P P Attached Single Family Dwellings N N Dwellings Above Businesses N P Live/Work Units P P Duplexes N N Community Homes For the P P Disabled Group Homes SUP SUP MUl,i-FamilY BWeli . Manufactured Housing p p Developments P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-1 Subchapter 24 Development Code Home Occupation P P Sale of Products Grown on Site P P Hotels N N Motels N N Bed and Breakfast L(10) P Retail Sales and Service N N Movie Theaters N N Restaurant or Private Club N L(11 ) Drive-through Facility N N Professional Services and Offices N L(15) Quick Vehicle Servicing N N Vehicle Repair N P Auto and RV Sales N N Laundry Facilities N N Equestrian Facilities P P Outdoor Recreation P P Indoor Recreation N N Major Event Entertainment N SUP Commercial Parking Lots N N Administrative or Research Facilities SUP L(15) Broadcasting of Production Studio SUP P SUP/ Sexually Oriented Business N L(32) Temporary Uses L(38) L(38) P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Subchapter 24 /lll Printing / Publishing N N Bakeries N L(21) Manufacture of Non-odoriferous N N Foods Feed Lots SUP N Food Processing N N SUP / Light Manufacturing N L(24) Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries P P Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels L(14) L(14) Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Development Code 1-3 Subchapter 24 Development Code Basic Utilities P P Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and N P Lodges Business / Trade School N N Adult or Child Day Care P P Kindergarten, Elementary School P P Middle School N N High School N N Colleges N N Hospital N N Elderly Housing N N Medical Centers N N Cemeteries N N Mortuaries N N P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Subchapter 24 Development Code 35.5.1.3 General Regulations. General regulations within the Rural District are as £olloxvs: Subdivision of less than i 0 acres, and all lots that are adiacent to the perimeter of a subdivision: Minimum lot area 5 acres 2 acres Minimum lot width 200 feet 100 feet Minimum lot depth 250 feet 200 feet Minimum front yard 50 feet 50 feet Minimum side yard 10 feet 10 feet Minimum side yard adjacent to street 50 feet 50 feet 10 feet, plus 1 foot for each foot of Minimum rear yard building height over 20 feet The folloxving limits apply to subdMsion of more than 10 acres in lieu of minimum lot size and dinaension requirements: Maximum density, dwelling units per acre 0.2 0.5 Minimum building separation 30 feet 30 feet The following limits apply to all buildings: Maximum lot coverage except for 15% 35% agricultural buildings Minimum landscaped area 75% 65% Maximum building height 65 feet 65 feet Maximum FAR except for single-family None 0.25 uses 10 feet, plus 1 foot for Minimum yard when a use other than None each single family abuts a residential zone foot of building height Subchapter 24 Development Code Sections: 35.5.2.1 Purpose. 35.5.2.2 Permitted Uses. 35.5.2.3 General Regulations. 35.5.2.1 Purpose. The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. Land Use categories witbSn the Neighborhood Residential areas include: 35.5.2.2 Permitted Uses. NR-1 NR-2 NR-3 NR-4 NR-6 NRMU- 12 NRMU Neighborhood Residenti~J i Neighborhood Residenti~J 2 Neighborhood Residenti~2 3 Neighborhood Residenti~2 4 Neighborhood Residenti~2 6 Neighborhood Residential Mixed Use i2 Neighborhood Residential Mixed Use The folloxving uses and their accessory uses are permitted xvith/n the Neighborhood Residential districts: (Amended ()rd. 2002-347 10/15/2002) Agriculture P P P P P P P Livestock L(7) L(7) L(7) L(7) L(7) L(7) L(7) Single Family Dwellings P P P P P P N SUP SUP SUP SUP SUP Accessory Dwelling Units L(1 ) L(1 ) L(1 ) L(1 ) L(1 ) L(1 ) N Attached Single Family Dwellings N N SUP SUP P P L(40) Dwellings Above Businesses N N N N N P P Live/Work Units N N N N L(16) P P Duplexes N N N L(3) P P N Community Homes For the Disabled P P P P P P P Group Homes N N N N N SUP SUP SUP Manufactured Housing Developments N SUP N N SUP N N 1-7 Subchapter 24 Development Code P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Home Occupation P P P P P P P Sale of Products Grown on Site N N N N N N N Hotels N N N N N N P Motels N N N N N N N Bed and Breakfast N N N N N L(IO) P Retail Sales and Service N N N N N L(15) L(17) Movie Theaters N N N N N N N Restaurant or Private Club N N N N N N L(11 ) Drive-through Facility N N N N N N SUP Professional Services and Offices N N N N N L(14) L(17) Quick Vehicle Servicing N N N N N N SUP Vehicle Repair N N N N N N N Auto and RV Sales N N N N N N N Laundry Facilities N N N N N P P Equestrian Facilities SUP SUP N N N N N Outdoor Recreation P P P P P SUP SUP Indoor Recreation N N N N N N N Major Event Entertainment N N N N N N N Commercial Parking Lots N N N N N N N Administrative or Research Facilities N N N N N N L(14) Broadcasting of Production Studio N N N N N N L(14) Sexually Oriented Business N N N N N N N Temporary Uses L(38) L(38) L(38) L(38) L(38) L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 24 Development Code Printing / Publishing N N N N N N N Bakeries N N N N N N L(21 ) Manufacture of Non-odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center N N N N N N N Wholesale Storage and Distribution N N N N N N N Self-service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(~4) N N N N P Sanitary Landfills, Commercial N N N N N N N Incinerators, Transfer Stations SUP SUP SUP SUP SUP Gas Wells L(27) L(27) L(27) L(27) L(27) L(27) L(27) P: Permitted, N:not permitted, SUP: Specific Use Permit Required, L(X): Limited as defined in Section 35.5.8 1-9 Subchapter 24 Development Code Basic Utilities L(25) L(25) L(25) L(25) L(25) L(25) L(25) Community Service N N N N N P P Parks and ©pen Space P P P P P P P Churches P P P P P P P Semi-public, Halls, Clubs, and Lodges SUP SUP SUP SUP SUP L(15) P Business / Trade School N N N N N N L(14) Adult or Child Day Care SUP SUP SUP SUP SUP P P Kindergarten, Elementary School SUP SUP SUP SUP SUP P P Middle School N N N N N P P High School N N N N N N SUP Colleges N N N N N N N Hospital N N N N N N N Elderly Housing N N N N SUP L(13) P Medical Centers N N N N N N P Cemeteries N N N N N N N Mortuaries N N N N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 24 Development Code 35.5.2.3 General Regulations. General regulations of the Residential Neighborhood land use zone are contained in the table bdow: The following limits apply to subdMsion of 2 acres or less: Minimum lot area (square feet) 32,000 16,000 10,000 7,000 6,000 3,500 2,500 Minimum lot width 80 feet 80 feet 60 feet 50 feet 50 feet 30 feet 20 feet 8O Minimum lot depth 1 O0 feet 1 O0 feet 80 feet 80 feet fee 80 feet 50 feet 15 feet 20 feet Minimum front yard setback 20 feet 20 feet L(2) L(2) 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None The folloxving limits apply to subdMsion of more than 2 acres in lieu of minimum lot size and dinaension requirements: Maximum density, dwelling units per acre 1 2 3.5 4 6 12 30 Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 4 feet 10 feet 12 feet buildings The folloxving limits apply to all buildings: Maximum lot coverage 30% 30% 50% 60% 60% 60% 80% Minimum landscaped area 70% 70% 55% 40% 40% 40% 20% Maximum building height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for foot for foot for foot for each each each each each each each Minimum yard when abutting a single- foot of foot of foot of foot of foot of foot of foot of family use or district building building building building building building building height height height height height height height above above above above above above above 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 1-11 Subchapter 24 Development Code Sections: 35.5.3.1 Purpose. 35.5.3.2 Permitted Uses. 35.5.3.3 General Regulations. 35.5.3.1 Purpose. The purpose of the Do~vnto~vn University Core District is to encourage mixed use developments ~vithin specified commercial areas of the district. This district is a pedestrian friendly district. Land Use categories within this district include: DR-1 DR-2 DC-N DC-G Doxvntoxvn Residenti~J 1 Doxvntoxvn Residential 2 Downtown Commercial Neighborhood Downtown Commercial General 35.5.3.2 Permitted Uses. The folloxving uses are permitted xvithin the Doxvntoxvn University Core District: (Amended ()rd 2002-348 10/15/2002) Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings P P N N Accessory Dwelling Units P P N N Attached Single Family Dwellings N P P P Dwellings Above Businesses N P P P Live/Work Units P P P P Duplexes P P P N Community Homes For the Disabled P P P P Group Homes N N N SUP ~UP ~UP ~U~ Manufactured Housing Developments N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-13 Subchapter 24 Development Code Home Occupation P P P P Sale of Products Grown on Site N N N N Hotels N N N P Motels N N N N Bed and Breakfast L(8) L(9) P P Retail Sales and Service N L(15) L(17) P Movie Theaters N N SUP SUP Restaurant or Private Club N N L(11 ) P Drive-through Facility N N N SUP Professional Services and Offices N L(15) L(17) P Quick Vehicle Servicing N N N SUP Vehicle Repair N N N SUP Auto and RV Sales N N N L(20) Laundry Facilities N P P P Equestrian Facilities N N N N Outdoor Recreation N N N N Indoor Recreation N N N P Major Event Entertainment N N N SUP Commercial Parking Lots N N L(28) L(28) Administrative or Research Facilities N SUP L(14) P Broadcasting of Production Studio N SUP P P Sexually Oriented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Subchapter 24 Development Code Printing / Publishing N N N P Bakeries N N L(21) P Manufacture of Non-odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N N Heavy Manufacturing N N N N SUP/ Wholesale Sales N N N L(36) SUP/ Wholesale Nurseries N N N L(36) Distribution Center N N N N Wholesale Storage and Distribution N N N N Self-service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Kennels N N N N Veterinary Clinics N SUP L(26) P Sanitary Landfills, Commercial N N N N Incinerators, Transfer Stations SUP SUP SUP SUP Gas Wells L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-15 Subchapter 24 Development Code Basic Utilities SUP SUP SUP SUP Community Service N N P P Parks and Open Space P P P P Churches P P P P Semi-public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(26) P Adult or Child Day Care P P P P Kindergarten, Elementary School P P P N Middle School N P P N High School N N N N Colleges N N SUP P Hospital N N P P Elderly Housing N N L(13) P Medical Centers N SUP P P Cemeteries N N N N Mortuaries N N P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 24 Development Code 35.5.3.3 General Regulations. General regulations of the Do~vnto~vn University Core District are as follo~vs: Minimum lot are (square feet 4,000 4,000 2,500 None Minimum lot width 50 feet 40 feet 20 feet None Minimum lot depth 80 feet 80 feet 50 feet None Minimum front yard setback 10 feet 10 feet None None Minimum side yard 6 feet 6 feet None None Minimum side yard adjacent to a street 10 feet 10 feet None None Minimum rear yard 10 feet 10 feet None None 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district building building building building height height height height over 30 over 30 over 30 over 30 feet feet feet feet Minimum residential unit size 700 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum density, dwelling units per acre 8 30 72 150 Maximum lot coverage 60% 75% 80% 85% Minimum landscaped area 40% 25% 20% 15% 100 feet/ 100 feet/ Maximum building height 40 feet 45 feet L(33) L(33) 1-17 Subchapter 24 Development Code Sections: 35.5.4.i Purpose. 35.5.4.2 Permitted Uses. 35.5.4.3 General Regulations. 35.5.4.1 Purpose. The purpose of the Community Nixed Use Centers is to provide the necessary shopping, services, recreation, employment and institution~J facilities that are required and supported by the surrounding community. Land Use categories within the Community Nixed Use Centers include: CM-G Community Mixed Use General CM-E Community Mixed Use Employment 35.5.4.2 Permitted Uses. The following uses are pemaitted within Community Nixed Use Centers: Agriculture P P Livestock L(7) L(7) Single Family Dwellings N N Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses P N Live/Work Units P N Duplexes N N Community Homes For the Disabled P P Group Homes N N ~UP Manufactured Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-19 Subchapter 24 Development Code Home Occupation N N Sale of Products Grown on Site N N Hotels P P Motels P P Bed and Breakfast P N Retail Sales and Service P L(14) Movie Theaters SUP N Restaurant or Private Club P L(14) Drive-through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Major Event Entertainment SUP N Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P= Perm/tted, N=not perm/tted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 24 Development Code Printing / Publishing P L(25) Bakeries P L(25) Manufacture of Non-odoriferous Foods N L(25) Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels N N Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations SUP SUP Gas Wells L(27) L(27) P: Permitted, N:not permitted, SUP: Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-21 Subchapter 24 Development Code Basic Utilities SUP SUP Community Service P P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care P N Kindergarten, Elementary School N N Middle School N N High School N N Colleges P P Hospital N N Elderly Housing N N Medical Centers P P Cemeteries N N Mortuaries P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 24 Development Code 35.5.4.3 General Regulations. General regulations of the Commurfity Mixed Use Centers are in the table below: Minimum lot area (square feet) 2,500 2,500 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet 20 feet, plus 1 foot for each Minimum yard abutting a residential use 20 feet foot of or district building height above 30 feet Maximum FAR 1.5 0.75 Minimum residential unit size 500 SF None Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 65 feet 65 feet 1-23 Subchapter 24 Development Code Sections: 35.5.5.i Purpose. 35.5.5.2 Permitted Uses. 35.5.5.3 General Regulations. 35.5.5.1 Purpose. The purpose of Re~onal Mixed Use Centers is to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. Land Use categories with/n 35.5.5.2 Re~onal MSxed Use Centers include: RCR-i RCR-2 RCC-N RCC-D Permitted Uses. Re~onal Center Residential 1 Re~onal Center Residential 2 Re~onal Center Commercial Neighborhood Regional Center Commercial Doxvntoxvn The folloxving uses are permitted xvitNn Regional M/xed Use Centers: Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings N N N N Accessory Dwelling Units N N N N Attached Single Family Dwellings P P P P Dwellings Above Businesses P P P P Live/Work Units P P P P Duplexes N N N N Community Homes For the Disabled P P P P Group Homes SUP SUP SUP SUP Manufactured Housing Developments N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-25 Subchapter 24 Development Code Home Occupation P P P P Sale of Products Grown on Site N N N N Hotels N N P P Motels N N P N Bed and Breakfast L(8) L(9) L(9) P Retail Sales and Service L(17) L(17) L(13) P Movie Theaters SUP SUP P P Restaurant or Private Club L(11 ) L(11 ) P P Drive-through Facility N N P P Professional Services and Offices L(15) L(14) L(14) P Quick Vehicle Servicing N N P P Vehicle Repair N N N P Auto and RV Sales N N N P Laundry Facilities P P P P Equestrian Facilities N N N N Outdoor Recreation SUP SUP N N Indoor Recreation N N P P Major Event Entertainment N N SUP SUP Commercial Parking Lots N N P P Administrative or Research Facilities SUP SUP L(14) P Broadcasting of Production Studio SUP SUP P P Sexually Oriented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Subchapter 24 Development Code Printing / Publishing N N N N Bakeries N N L(21) P Manufacture of Non-odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center N N N N Wholesale Storage and Distribution N N N N Self-service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial N N N N Incinerators, Transfer Stations SUP SUP Gas Wells L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-27 Subchapter 24 Development Code Basic Utilities SUP SUP SUP SUP Community Service P P P P Parks and Open Space P P P P Churches P P P P Semi-public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(14) P Adult or Child Day Care P P P P Kindergarten, Elementary School P P P N Middle School P P P P High School SUP SUP P P Colleges N N P P Hospital N N P P Elderly Housing P P P P Medical Centers SUP SUP P P Cemeteries N N N N Mortuaries N N P P P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Subchapter 24 Development Code 35.5.5.3 General Regulations. General regulations of the Regional Mixed Use Centers are contained in the table below: Minimum lot area (square feet) None None None None Minimum lot width 50 feet 20 feet 20 feet None Minimum lot depth 80 feet 60 feet 50 feet None Minimum front yard setback 10 feet 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet None Minimum side yard adjacent to a street 10 feet 10 feet 6 feet None 10 feet 10 feet plus 1 plus 1 foot for foot for each each Minimum rear yard foot of foot of None None building building height height above above 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family foot of foot of foot of foot of use or district building building building building height height height height above above above above 30 feet 30 feet 30 feet 30 feet Minimum residential unit size 600 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum Density, dwelling units per 30 40 80 100 acre Maximum Lot Coverage 55% 75% 85% 90% Minimum Landscaped Area 45% 25% 15% 10% Maximum building height 40 feet 50 feet 65 feet 100 feet 1-29 Subchapter 24 Development Code ,,a5:,5:,,6 ..................... Emp(qym,ent,,,,C n,ters ................................................................................................................................................................................................................................................................................................................... Sections: 35.5.6.1 35.5.6.2 35.5.6.3 Purpose. Permitted Uses. General Regulations. 35.5.6.1 Purpose. The purpose of the Employment Centers is to provide locations for a variety of ~vorkplaces and complimentary uses. Land Use categories xvitNn Employment Centers include: EC-C Employment Center Commercial EC-I Employment Center Industrial 35.5.6.2 Permitted Uses. The follo~ving uses and their accessou~ uses are permitted ~vith/n the Employment Centers: Agriculture P P Livestock L(7) L(7) Single Family Dwellings N N Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses N N Live/VVork Units N N Duplexes N N Community Homes For the Disabled N N Group Homes N N Manufactured Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-31 Subchapter 24 Development Code Home Occupation N N Sale of Products Grown on Site N N Hotels P P Motels P N Bed and Breakfast N N Retail Sales and Service P N Movie Theaters N N Restaurant or Private Club P P Drive-through Facility P P Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation P N Indoor Recreation P P Major Event Entertainment P P Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N N Temporary Uses L(38) L(38) P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Subchapter 24 Development Code Printing / Publishing P P Bakeries P P Manufacture of Non-odoriferous Foods P P Feed Lots N N Food Processing N N Light Manufacturing P P Heavy Manufacturing N N Wholesale Sales P P Wholesale Nurseries N L(32) Distribution Center N P Wholesale Storage and Distribution N L(34) Self-service Storage P P Construction Materials Sales N P Junk Yards and Auto Wrecking N N Kennels P P Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-33 Subchapter 24 Development Code Basic Utilities P P Community Service P P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care P P Kindergarten, Elementary School N N Middle School N N High School N N Colleges P P Hospital P N Elderly Housing P N Medical Centers P N Cemeteries N N Mortuaries P P P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Subchapter 24 Development Code 35.5.6.3 General Regulations. General regulations of the Employment Center are as follo~vs: Minimum lot area (square feet) 2,900 2,500 Minimum lot width 20 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet 30 feet, 30 feet, plus 1 plus 1 foot for foot for each each Minimum yard abutting a single family foot of foot of use or district building building height height above above 30 feet 30 feet Maximum FAR 1.50 0.75 Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 100 feet 65 feet 1-35 Subchapter 24 Development Code 35.5. 7 Industrial Centers Sections: 35.5.7.i Purpose. 35.5.7.2 Permitted Uses. 35.5.7.3 General Regulations. 35.5.7.1 Purpose. The purpose of Industrial Centers is to provide locations for a variety of ~vork processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. Land Use categories within Industrial Centers include: IC-E Industrial Center Employment IC-G Industrial Center General 35.5.7.2 Permitted Uses. The following uses are permitted within Industrial Centers: Agriculture P P Livestock L(7) L(7) Single Family Dwellings N N Accessory Dwelling Units N N Attached Single Family Dwellings N N Dwellings Above Businesses N N Live/VVork Units N N Duplexes N N Community Homes For the Disabled N N Group Homes N N Manufactured Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 1-37 Subchapter 24 Development Code Home Occupation N N Sale of Products Grown on Site N N Hotels P N Motels P N Bed and Breakfast N N Retail Sales and Service N N Movie Theaters N N Restaurant or Private Club L(14) N Drive-through Facility N N Professional Services and Offices P P Quick Vehicle Servicing P P Vehicle Repair P P Auto and RV Sales P P Laundry Facilities P P Equestrian Facilities N N Outdoor Recreation N N Indoor Recreation P N Major Event Entertainment P N Commercial Parking Lots P P Administrative or Research Facilities P P Broadcasting of Production Studio P P Sexually Oriented Business N SUP / L(32) Temporary Uses L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Subchapter 24 Development Code Printing / Publishing L(25) L(25) Bakeries L(25) P Manufacture of Non-odoriferous Foods L(25) P Feed Lots N N Food Processing N P Light Manufacturing P P Heavy Manufacturing N SUP Wholesale Sales P P Wholesale Nurseries P P Distribution Center SUP P Wholesale Storage and Distribution P P Self-service Storage P P Construction Materials Sales P P Junk Yards and Auto Wrecking N SUP Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N SUP Incinerators, Transfer Stations Gas Wells L(27) L(27) P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 1-39 Subchapter 24 Development Code Basic Utilities P P Community Service P P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges P P Business / Trade School P P Adult or Child Day Care L(19) N Kindergarten, Elementary School N N Middle School N N High School N N Colleges P N Hospital N N Elderly Housing N N Medical Centers P N Cemeteries N N Mortuaries P N P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 Subchapter 24 Development Code 35.5.7.3 General Regulations. General regulations of the Industrial Centers are contained in the table below: Minimum lot area (square feet) 2,500 5,000 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback 10 feet 10 feet Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a 10 feet 10 feet street 30 feet, 30 feet, plus 1 plus 1 foot for foot for each each Minimum yard when abutting a foot of foot of residential use or district building building height height above above 30 feet 30 feet Maximum FAR 0.75 0.40 Maximum lot coverage 80% 90% Minimum landscaped area 20% 10% Maximum building height 100 feet 65 feet 1-41 Subchapter 24 Development Code 35.5.8 Limitations The folloxving define the limitations to zoning uses xvhen the zoning matrix identify a use as permitted, but limited L(1): Accessory dxvelling units are permitted, subject to the folloxving additional criteria: i. The proposal must conform xvith the over,il maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dxvelling units shall not exceed i per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed i000 sq. ft. GHFA unless the lot meets the requirements of L(i).5. 4. ()ne addition~J parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, xvhere the lot size is equal to or ~eater than ten acres in size. An SUP is not required for such an accessory residential structure xvhere the lot size is equal to or greater than ten acres. L(2) = For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdMsion of 2 acres or more, up to 2 units may be attached by a common xvall if the lots xvhich contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common xvall units are on separate lots designed to be sold indMdually, and they comply xvith the Subchapter i3. Addition~Jly, units must have the appearance of a single family residence from the street. L(4) = Permitted as part of a mixed use development of ten (i0) acres or more and only in conjunction xvith office, retail or other pemaitted commercial or institutional uses. L(5) = Within this district the density of apartments xvill be c~Jculated as one bedroom equating to .5 units. L(6) = Permitted only on 2,~d story and above, xvhen an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, other~vise office or retail uses are not required. L(7) = Limited to txvo (2) animals on parcels one (i) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(8) = Travelers' accommodations, are permitted, provided that: i. The business-oxvner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have i off-street parking space, and the oxvners shall have 2 parking spaces. All spaces sh~Jl be in conformance xvith the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or xvall sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft. maximum size be alloxved. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units alloxved shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be xvithin 200 feet of a collector or arterial. Street designations sh~Jl be as determined by the City Comprehensive Plan. Distances sh~Jl be measured via public street or alley access to the site from the arterial. Subchapter 24 Development Code 6. Excluding the business-o~vner's unit and the area of the structure it ~vill occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) = All restrictions of L(8), but limited to no more than 15 guest units. L(10): All restrictions of L(8), but limited to no more than 5 guest units. L(ll): Limited to sit doxvn only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(12) = L(13) = Uses are limited to no more than 55,000 square feet of~oss floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of~oss floor area. L(15) = Uses are limited to no more than 5,000 square feet of ~oss floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of~oss floor area per lot. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(18): L(19): Allowed as an accessory use to the primary business(es) witNn the same structure. The accessory use is limited to those employees or owners of the business or businesses witNn the same structure. = Permitted, but outdoor storage of autos prohibited. = Bakery and botding areas not to exceed 2,500 square feet. Sales on premises of products produced required zone. = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square L(20) L(21) in this L(22) L(23) feet. L(24) feet. L(25) L(26) L(27) L(28) L(29) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square = If proposed use is xvithin 200 feet of a residential zone, approval is subject to a Specific Use Permit. = Uses are limited to no more than 2,500 square feet of gross floor area per lot. = Must comply xvith the provisions of Subchapter 89, Gas Well Drilling and Production. = Use alloxved as part of consolidated parking plan. L(30) = Permitted as part of a mixed use building and only in conjunction xvith office, retail, or other permitted commercial, or institutional uses, equal to at least 15% of the floor space of the residential use along any avenue, collector, or arterial street, other~vise these uses are not required. L (31) = Permitted as part of a mixed use building and only in conjunction xvith office, retail, or other permitted commercial, or institutional uses, equal to at least 25% of the floor space of the residential use along any avenue, collector, or arterial street, other~vise these uses are not required. L (32) = Not alloxved to locate adjacent to an arterial and xvithin 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospit~J, any residential use, public open space. 1-43 Subchapter 24 Development Code L (33) = Additional height may be alloxved xvith an SUP and a viexvshed study, xvNch illustrates that any viexvs of the Historic Courthouse are not blocked by the nexv structure(s) additional height. L (34) = Permitted xvith no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viexvable from the street. The buffering standards for outdoor storage sh~Jl apply, both to any outdoor storage activity and to the loading docks. L (35): L (36) = Permitted when combined with retail sales. L (37) = 5-acre rain/mum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adiacent to any residential use. L (38) = Must meet the requirements of Section 35.12.9. L (39): L (40) =Limited to a maximum 12 un/ts per acre. (Amended ()rd. 2002-348 10/15/2002) (Amended ()rd. 2003-376 11/18/2003)