Commission Meeting Agenda Item

Sec. 5-4. — Zoning district uses.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

g) MX-8 "Mixed Residential Medium Density". This district is established to implement comprehensive plan policies to provide moderate density single-family and manufactured home dwelling units in urban environments at a density not to exceed eight dwelling units per acre and it is intended to serve as a transitional zone between multi-family and single-family residential uses.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

4) Design standards.

A) Minimum lot area shall be 5,000 square feet should central utilities be provided but overall density cannot exceed eight units per acre. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet. Projects may be designed to allow clustering of residential units; however, overall density cannot exceed eight units per acre.

B) Minimum lot width shall be 50 feet. Should septic tanks be utilized, then the minimum lot width shall be 100 feet. Minimum lot widths may be waived if clustering of units is provided.

C) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 20 feet.

b. Collector roadway: 35 feet.

c. Arterial roadway: 50 feet.

2. Rear yard setback: Ten feet. A rear yard setback of seven-and-a-half feet if adjoining an adjacent side yard for corner lots shall be permitted.

3. Side yard setback when adjoining:

a. Another lot: Five feet.

b. Local roadway: 20 feet.

c. Collector roadway: 35 feet.

d. Arterial roadway: 50 feet.

4. Where a front yard of lesser depth than required exists in front of dwellings on more than 60 percent of lots of record on one side of the street in any one block in an MX-8 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings

D) The maximum impervious surface ratio (which includes building coverage) shall not exceed 60 percent in the development.

E) The minimum floor area shall be 800 square feet exclusive of garages, screened porches, utility rooms, etc.

F) The maximum building height shall not exceed 35 feet[begin delete] unless adequate fire protection measures are provided.[end delete]

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

i) MF-12 "Multi-Family High Density Low Rise". This district is established to implement comprehensive plan policies for managing high density residential development at a density not to exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed 12 units per acre. This district is established to ensure that sufficient land is available for high density residential development.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

5) General design standards.

A) The minimum lot area for single-family shall be 5,000 square feet if central sewer is provided. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet.

B) The minimum lot area for duplex units shall be 9,000 square feet if central sewer facilities are provided. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet.

C) The minimum lot area for multi-family units shall be 15,000 square feet.

D) Projects may be designed to allow clustering of residential units; however, overall density cannot exceed 12 units per acre.

E) The minimum lot width shall be 60 feet for single-family and duplex units if central sewer facilities are provided. If septic tanks are utilized the minimum lot width shall be 100 feet.

F) The minimum lot width shall be 100 feet for multi-family units.

G) Minimum lot widths may be waived if clustering of units is provided.

H) The minimum living area for single-family units shall be 800 square feet exclusive of garages, screen porches, utility rooms, etc.

I) The minimum living area for one-bedroom duplex and multi-family units shall be 550 square feet exclusive of garages, screened porches, utility rooms, etc.

J) The minimum living area for two-bedroom duplex and multi-family units shall be 700 square feet exclusive of garages, screen porches, utility rooms, etc.

K) The minimum living area for three or more-bedroom duplex and multi-family units shall be 850 square feet exclusive of garages, screen porches, utility rooms, etc.

L) For maximum impervious surface ratio (including building coverage), height and setback requirements, see charts at the end of this section.

[Begin add] M) Setback for Multi-Family Developments shall be a minimum of 30 feet from adjacent single-family residential zoning districts for two-story developments, and a minimum of 50 feet from adjacent single-family residential zoning districts for three-story developments. [End add]

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

j) MF-18 "Multi-Family High Density 18". This district is established to implement comprehensive plan policies for managing high-density residential development where central sewer facilities are available. Density is not allowed to exceed 18 units per acre. This district is established to ensure that sufficient land is available for high-density residential development in close proximity to infrastructure, adequate collector or arterial corridors, and public and private services, thus providing residential opportunities including affordable housing options.

5) General design standards.

A) The minimum lot area for single-family detached shall be 4,500 square feet if central sewer is provided. Should septic tanks be utilized then the minimum lot area shall be 12,500 square feet.

B) The minimum lot area for duplex units shall be 9,000 square feet if central sewer facilities are provided. Should septic tanks be utilized, then the minimum lot area shall be 12,500 square feet.

C) The minimum lot area for single-family attached shall be 3,000 square feet and the use shall be permitted only if central sewer is available.

D) Projects may be designed to allow clustering of residential units; however, overall density cannot exceed 18 units per acre.

E) The minimum lot width shall be 50 feet for single-family detached and duplex units if central sewer facilities are provided. If septic tanks are utilized, the minimum lot width shall be 100 feet. The minimum lot width for single-family attached shall be 24 feet.

F) The minimum tract width for a multi-family development shall be 100 feet for multi-family units.

G) Minimum lot widths may be waived if clustering of units is provided.

H) The minimum living area for single-family units shall be 800 square feet exclusive of garages, screen porches, utility rooms, etc.

I) The minimum living area for one-bedroom duplex and multi-family units shall be 550 square feet exclusive of garages, screened porches, utility rooms, etc.

J) The minimum living area for two-bedroom duplex and multi-family units shall be 700 square feet exclusive of garages, screen porches, utility rooms, etc.

K) The minimum living area for three or more-bedroom duplex and multi-family units shall be 850 square feet exclusive of garages, screen porches, utility rooms, etc.

L) For maximum impervious surface ratio (including building coverage), height and setback requirements, see charts at the end of this section.

[Begin add] M) Setback for Multi-Family Developments shall be a minimum of 30 feet from adjacent single-family residential zoning districts for two-story developments, and a minimum of 50 feet from adjacent single-family residential zoning districts for three-story developments. [End add]

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

k) RP "Residential Professional". This district is established to implement comprehensive plan policies for managing transitional areas where existing residential structures can be utilized for personal and professional services and not adversely affect adjacent property. The density cannot exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed 12 units per acre.

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to 75 percent.

B) The maximum building height is 35 feet [begin delete] unless adequate fire protection measures are provided. [end delete]

C) The minimum lot area shall be 10,000 square feet if central sewer facilities are provided. Should septic tanks be utilized the minimum lot area shall be 12,500 square feet. Projects may be designed to allow clustering of residential units; however, overall density may not exceed twelve units per acre.

D) The minimum lot width shall be 100 feet. Minimum lot widths may be waived if clustering of units is provided.

E) Minimum setback requirements:

1. Front yard setback:

a. Local roadway: 25 feet.

b. Collector roadway: 30 feet.

c. Arterial roadway: 50 feet.

2. Side and rear setbacks shall be equivalent to those used for proposed land use as identified in the individual sections.

l) CT "Commercial Tourist". This district is established to implement comprehensive plan policies for managing tourist related facilities.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

E) Maximum building height is [begin add] 45 feet, with a limitation of three stories. For the purposes of this section, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to all architectural features not intended for human occupancy. [end Add] [Begin delete] 35 feet unless adequate fire protection measures are provided. [End delete]

F) The density shall not exceed 12 units per acre.

[Begin add] G) Hotel/Motel Developments shall be a minimum of 30 feet from adjacent single-family residential zoning districts for two-story developments, and a minimum of 50 feet from adjacent single-family residential zoning districts for three-story developments. [End add]

m) LC "Light Commercial". This district is established to implement comprehensive plan policies for managing transitional areas between residential land uses and more intense commercial and industrial uses. This district is established to provide sufficient land for residential dwellings at a density not to exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed 12 units per acre and general retail sales and services.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to 80 percent.

B) Maximum building height is [begin add] 45 feet with a limitation of three stories for multi-family apartments, condominiums, assisted living facilities, skilled nursing facilities, and independent living facilities. For the purposes of this section, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also to apply all architectural features not intended for human occupancy. [end add] [begin delete] thirty-five (35) feet unless adequate fire protection measures are provided. [End delete]

C) No minimum lot size is required.

D) No minimum lot width is required.

E) Setbacks of the LC "Light Commercial" zoning designation shall be governed by the requirements as set forth in Chapter 20 (Commercial Design Standards).

[Begin add] F) Setback for Multi-Family and Condominium Developments shall be a minimum of 30 feet from adjacent single-family residential zoning districts for two-story developments, and a minimum of 50 feet from adjacent single-family residential zoning districts for three-story developments. [End add]

n) HC "Heavy Commercial/Wholesale Commercial". This district is established to implement comprehensive plan policies for managing commercial development. This district is designed to accommodate general retail sales and services and wholesale services.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to 80 percent.

B) Maximum building height is [begin add] 45 feet with a limitation of three stories for multi-family apartments, condominiums, assisted living facilities, skilled nursing facilities, independent living facilities, hotels and motels. Buildings used for all other uses of the HC district other than above, may build to a maximum height of 55 feet. For the purposes of this section, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to all architectural features not intended for human occupancy. [end add] [begin delete] thirty-five (35) feet unless adequate fire protection measures are provided. [end delete]

C) Density is limited to four units per acre unless central sewer facilities are available at which time densities shall not exceed 12 units per acre.

D) No minimum lot size is required.

E) No minimum lot width is required.

F) Setbacks of the HC "Heavy Commercial" zoning designation shall be governed by the requirements as set forth in chapter 20 (Commercial Design Standards).

[Begin add] G) Setback for Hotel/Motel, Multi-Family and Condominium Developments shall be a minimum of 30 feet from adjacent single-family residential zoning districts for two-story developments, and a minimum of 50 feet from adjacent single-family residential zoning districts for three-story developments. [End add]

o) I "Industrial". This district is established to implement comprehensive plan policies for managing industrial development and to provide development for wholesale commercial uses and limited industrial operations engaged in fabricating, repair, or storage of manufactured goods where no objectionable by-products of the activity (such as odors, smoke, dust, refuse, electro-magnetic interference, noise in excess of that customary to loading, unloading, and handling of goods and materials) are noticeable beyond the lot on which the facility is located. No hazardous materials may be utilized by the industrial operations permitted in this district. The location of such districts shall take into consideration access to rail and terminal facilities, major arterial roadways, labor markets and necessary urban services. Such districts shall be accessible to major thoroughfares and buffered from residential neighborhoods.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to 75 percent.

B) Maximum building height is [begin add] 45 feet with a limitation of three stories for multi-family apartments, condominiums, assisted living facilities, skilled nursing facilities, independent living facilities, hotels and motels. Buildings used for all other uses of the HC district, as allowed by reference of cumulative zoning, other than above, may build to a maximum height of 55 feet. For the purposes of this section, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to all architectural features not intended for human occupancy. [end add] [begin delete] thirty-five (35) feet unless adequate fire protection measures are provided. [end delete]

[Begin add] F) Setback for Multi-Family, Condominium, or Hotel Developments shall be a minimum of 30 feet from adjacent single-family residential zoning districts for two-story developments, and a minimum of 50 feet from adjacent single-family residential zoning districts for three-story developments. [End add]

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

1. p) PUD "Planned Unit Development". This district is established to implement comprehensive plan policies for encouraging affordable housing by allowing a variety of housing types with a broad range of housing costs. This district is designed to encourage innovative development concepts to provide design amenities and to manage natural features of the land. The location of such PUDs will be dictated by the type of development that will be provided. (Residential PUDs will be located in residentially designated areas of the Future Land Use Map of the comprehensive plan, commercial PUDs will be located in commercially designated areas of the Future Land Use Map, etc.) Densities and intensities cannot exceed those which are permitted in that area on the Future Land Use Map. Conceptual development plans or a memorandum of agreement and bubble plan are required to be submitted along with the rezoning application.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

11) Application review process.

A) The approval process shall be the same as that followed for rezoning.

B) Technical Review Committee (TRC). All submittals shall be reviewed by the TRC and members' comments shall be delivered [begin delete] and discussed at a regularly scheduled meeting. Formal comments of the TRC shall be transmitted in writing to the applicant no later than ten (10) working days after the meeting. A formal staff report will be forwarded to [end delete]and to the Planning and Zoning Board with staff recommendations.

C) Resubmittal. Resubmittal of the conceptual development plan or memorandum of agreement and bubble plan reflecting revisions required by TRC comments shall be made [begin add] and deemed satisfactory in addressing the comments prior to advancing to the Planning and Zoning Board Meeting [end add] [begin delete] at least five (5) working days prior to the next regularly scheduled TRC meeting [end delete].

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

q) PFD "Public Facilities District". This district is established to manage policies of the comprehensive plan for development of public facilities. This district is established to provide for the special or substantial public interest facilities that are so desired. A bubble plan and memorandum of agreement are required to be submitted along with rezoning applications.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

3) Maximum intensity standard.

A) The maximum impervious surface ratio (which includes building coverage) shall be 75 percent.

B) Maximum building height is [Begin add] 45 feet with a limitation of three stories. For the purposes of this section, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to all architectural features not intended for human occupancy. [End Add] [Begin delete] thirty-five (35) feet unless adequate fire protection measures are provided. [End delete]

[Begin add] C) Building setback shall be a minimum of 30 feet from adjacent single-family residential zoning districts for two-story developments, and a minimum of 50 feet from adjacent single-family residential zoning districts for three-story developments. [End add]

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

r) CP "Planned Commercial". This district is established to provide for any commercial land use, subject to Town Commission approval, currently available in other "commercial" zoning districts and to provide for any commercial use for which no provision is made elsewhere in this code. The intent is to establish "CP" districts individually under approved site plans and conditions necessary to promote the general welfare and to secure coordinated economic land use.

[The text between these portions in Chapter 5, Section 5-4, “Zoning District Uses” remains unchanged and is not included in this ordinance for purposes of brevity.]

4) Design standards.

A) The maximum impervious surface ratio (which includes building coverage) shall be limited to eighty (80) percent.

B) Maximum building height is [Begin add]45 feet with a limitation of three stories for multi-family apartments, condominiums, assisted living facilities, skilled nursing facilities, independent living facilities, hotels and motels. Buildings used for all other uses of the commercial districts, as allowed by reference, other than above, may build to a maximum height of 55 feet. For the purposes of this section, habitable, occupancy use area shall mean that portion of a building or structure included between the upper surface of a floor and the ceiling above, intended for human occupancy. The height limitations of this chapter shall also apply to all architectural features not intended for human occupancy. [End add] [Begin delete] thirty-five (35) feet unless adequate fire protection measures are provided. [End delete]

C) No minimum lot size is required.

D) No minimum lot width is required.

E) Setback requirements shall be established individually at the time of zoning approval.

F) Parking requirements shall be as required for the specific use.

 

CHART 5-1

SCHEDULE OF DIMENSIONAL REQUIREMENTS

District	Minimum Living Area/D.U. (sq. ft.)	Minimum Lot Area (sq. ft.) With Septic Tank	Minimum Lot Area (sq. ft.) With Central Sewer	Minimum Lot Width (feet) With Septic Tank	Minimum Lot Width (feet) With Central Sewer	Maximum Impervious Surface Ratio	Minimum Open Space	Maximum Height (feet)
AG-1	1,000	1 Acre	1 Acre	150	150	25%	N/A	35
RS-1	1,000	1 Acre	1 Acre	100	100	35%	N/A	35
RS-3	1,000	14,500*	14,500	100	100	35%	N/A	35
RS-4	1,000	NA	8,500	N/A	75	45%	N/A	35
RS-6	1,000	12,500#	7,000	100#	75	45%	N/A	35
MX-5	850	12,500#	8,700	100#	60	45%	N/A	35
MX-8	800	12,500#	5,000	100#	50	60%	N/A	35**
MH-9	800	12,500#	5,000	100#	50	60%	N/A	35
MF-12 SF	800	12,500#	5,000	100#	60	60%	N/A	35**
MF-12 DP	1 BD-550 2 BD-700 3 BD-850	12,500#	9,000	100#	60	60#	N/A	35
MF-12 MF	1 BD-550 2 BD-700 3 BD-850	15,000#	15,000	100#	100	65%	N/A	35 45
MF-18 SF	800	12,500#	4,500 Detached 3,000 Attached	100#	50	60%	N/A	35
MF-18 DP	1 BD-550 2 BD-700 3 BD-850	12,500#	9,000	100#	60	60%	N/A	35
MF-18 MF	1 BD-550 2 BD-700 3 BD-850	15,000#	15,000	100#	100	65%	N/A	45**
RP	MF-12***	12,500	10,000	100	100	75%	25%	35**
CT	N/A	15,000	15,000	100	100	80%	20%	35**45
LC	MF-12***	None	None	None	None	80%	20%	35**45
HC	MF-12***	None	None	None	None	80%	20%	35**45/55
I	MF-12***	None	None	None	None	75%	25%	35**45/55
Temp	Temp	Temp	Temp	Temp	Temp	Temp	Temp	Temp

NOTES: Lot widths are measured along the front property line unless the lot is located on a cul-de-sac in which case the lot width shall be measured along the building setback line. DP - duplex, MF - multi-family

*Property must be served by central water. If individual well is used for potable water, the minimum lot size is one-half acre.

[begin delete]** Maximum building heights may be increased if adequate fire protection measures are provided. (See Building and Fire Codes chapter.) [end delete]

**Reference MF-12 Regulations if a residential use is proposed.

#Residential subdivisions and multi-family developments platted or granted site plan approval after September 19, 2018 shall be required to connect to the Central

CHART 5-2 — SCHEDULE OF SETBACK REQUIREMENTS

MINIMUM BUILDING SETBACK IN FEET (FT)

District	Front Local	Front Collector	Front Arterial	Side (adjoining) Another Lot	Side (adjoining) Local	Side (adjoining) Collector	Side (adjoining) Arterial	Rear
AG-1	25	35	50	8	25	30	50	20
RS-1	25	35	50	10	25	30	50	20
RS-3	25	35	50	8	25	30	50	20
RS-4	25	35	50	6	25	35	50	20
RS-6	25	35	50	6	25	35	50	20
MX-5	25	35	50	6	25	35	50	20
MX-8	20	35	50	5	20	35	50	10
MH-9	25*	35	50	5	25*	35	50	10
MF-12 SF	25	35	50	7.5	25	35	50	20
MF-12 DP	25	35	50	15	25	35	50	20
MF-12 MF	25	35	50	10	25	35	50	20***
MF-18 SF	25	35	50	5	25	35	50	20
MF-18 DP	25	35	50	10	25	35	50	20
MF-18 MF	25	35	50	20	25	35	50	20***
RP	25	30	50	**.	**.	**.	**.	**.
CT	25	35	50	10	25	35	50	20
LC	25	35	50	5	25	35	50	15
HC	25	35	50	5	25	35	50	15
I	25	30	50	20	25	30	50	20

*20 feet off of interior paved streets.

**Setbacks for side and rear shall be equivalent to the proposed land use as identified above.

[Begin delete] *** Each additional story will add five (5) feet to the rear setback. [End delete]