§ 94-193. Construction and related requirements for residential dwellings in certain zoning districts.

Notwithstanding any other provision of this Code, the following provisions shall apply to residential dwellings in the city:

(1)

Minimum heated floor area. Residential dwellings within the city shall be required to have the following minimum heated floor area per dwelling unit, measured in square feet, as follows:

a.

R-1 residential district. Eight hundred fifty square feet for single-family detached residences; 500 square feet per residence for nonsingle-family residences;

b.

R-2 residential district. Eight hundred fifty square feet for single-family detached residences; 450 square feet per residence for nonsingle-family residences;

c.

R-3 and R-3A residential district. Eight hundred fifty square feet for single-family detached residences; 450 square feet per residence for nonsingle-family residences;

d.

R-4 MH residential district. Four hundred fifty square feet per residence.

(2)

Minimum frontage and depth. Any structure constructed in a R-1, R-2, R-3 or R-3A residential district shall have a minimum frontage of not less than 24 linear feet and a minimum depth front building line to rear building line of not less than 24 feet.

(3)

Number of doors. All single-family, detached dwellings, in any residential district, shall be required to have at least two doors that provide ingress and egress into and outside the residential dwelling.

(4)

Applicability to all types. The provisions of this section shall apply to all types of residential dwellings, regardless of the manner or method of construction thereof.

(5)

Applicability to construction. The provisions of this section shall be applicable to any construction of residential dwellings on any lot or lots upon which no such structure exists as of the effective date of the ordinance from which this section is derived. With respect to lots upon which there are located residential dwellings on September 1, 1994, in the event that such residential dwelling is completely or partially destroyed, or is otherwise required to be rebuilt, then, at a minimum, the owner shall be authorized to rebuild the same size residential dwelling, as to square footage that was formerly located on the lot as of September 1, 1994, or to rebuild in accord with the square footage requirements set out in subsection (1) of this section, whichever square footage is lesser.

(6)

Cluster housing development.

a.

Permitted uses. The following uses are permitted in cluster housing developments:

1.

Single-family residence cluster housing.

2.

Accessory buildings.

b.

Density standards. The cluster housing development shall not be less than the following:

Zoning Classification	Density
R-1	One dwelling unit per 8,000 square feet of land
R-2	One dwelling unit per 7,000 square feet of land

 

c.

Common areas.

1.

A cluster housing development allows individual lot areas which may have less than the minimum lot area for dwelling units required in the zoning district from which the cluster housing development was created; provided, however, the land area at least equal to the reduction in each individual lot area shall be placed in usable common areas.

2.

The land in streets, common off-street parking areas, and storm drainage detention facilities shall not be included as part of the usable common area requirement. However, full credit for lot reduction shall be allowed for usable detention facilities.

3.

The plan for cluster housing development shall provide for ownership, maintenance and control of common areas.

4.

The usable common area shall be fully credited to calculations of density.

d.

Minimum design and development criteria.

1.

Minimum cluster housing development site shall be 1 3/4 acres.

2.

Buildings shall set back 25 feet from any street right-of-way.

3.

Within a cluster housing development, the rear of a cluster housing dwelling unit will have no setback requirement and the sides of a cluster housing dwelling unit will have no setback requirement for one side only; provided, however, that every cluster housing dwelling unit shall have at least one side with a setback of at least 15 feet from another cluster housing dwelling unit. In addition, a cluster housing dwelling unit shall have a side setback of at least 15 feet and a rear setback of at least 40 feet from the property line of any adjacent property that is not developed as a part of the cluster development.

4.

Maximum building height shall be 35 feet.

5.

No more than 60 percent of the gross land area may be covered by impermeable surfaces including, but not limited to, buildings, off-street parking and drives, tennis courts, and the like, nor by swimming pools and drainage facilities. On the remaining 40 percent of the gross land area, permeable surfaces may be contained within either individual building lots or common areas or within a combination of the two areas. Usable detention facilities may be used to help achieve the 40 percent permeable surface requirement:

6.

Usable detention facilities shall comply with the following criteria:

i.

The maximum depth of the detention facility shall not exceed 2 1/2 feet below the existing ground elevation measured beneath the rim of the depression.

ii.

The detention facility shall be designed and constructed to drain completely after each rain event.

iii.

The detention facility shall be designed and constructed with a minimum ratio of 3:1 side slopes.

iv.

The detention facility shall be grassed or sodded.

7.

To preserve the integrity of the surrounding area, the planning commission may require certain screening buffers as part of the new development.

8.

All cluster housing developments shall be designed so that no separate dwelling unit will be constructed on top of another separate dwelling unit.

9.

In a R-1 zoning classification, there shall be a minimum lot width of 50 feet as measured at the building line and a minimum dwelling size of 1,500 square feet. As to cluster housing located in a R-2 zoning classification, there shall be a minimum lot width of 45 feet as measured at the building line and a minimum dwelling size of 1,200 square feet.

e.

Review criteria. In reviewing a cluster housing development site plan, the city staff and the planning commission shall consider the following criteria to the extent relevant in each case, in evaluating the merits and purposes of a cluster plan. Individual lots, buildings, streets and parking areas should be designed and situated to:

1.

Minimize alteration of the natural features and topography.

2.

Minimize the adverse effects of noise and traffic on off-site residents.

3.

Minimize the area devoted to serve motor vehicles.

4.

Allow for proper and adequate access for firefighting purposes and access to service areas to provide garbage and waste collection and for other accessory services.

5.

Achieve a compatible relationship between development and land as well as with adjacent developments and land.

f.

Approval of cluster housing development required. No plat or plan of a cluster housing development shall be filed or recorded in the office of the clerk of the superior court of this county, or any building permit issued until it has been approved by the planning commission and such approval entered in writing on the plat by the secretary of the planning commission.

g.

V ariances. Where the developer can show that a provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the planning commission a departure may be made without destroying the intent of such provisions, the planning commission may authorize a variance. Any variance thus authorized is to be stated in writing in the minutes of the planning commission with the reasoning on which the departure was justified set forth.

(7)

Manufactured homes located in R-3 and R-3A districts. With respect to manufactured homes to be located in zoning districts R-3 and R-3A:

a.

Each manufactured home in such zoning districts must be set on an appropriate permanent foundation;

b.

The transportation mechanisms, including wheels, axles, and hitches, must be removed prior to the occupancy of a manufactured home or an industrialized home in such zoning districts;

c.

Each manufactured home in such zoning districts shall be installed in accord with installation instructions provided by the manufacturer;

d.

Each manufactured home located in such zoning districts shall be connected to a public sewer system, if available, or if such public sewer system is not available, to a community sewage system or to an on-site septic system with available capacity, such community sewage system and such on-site septic system to be approved by the appropriate health officials of the city or the county, as the case may be.

e.

The entire perimeter area between the bottom of the structure of each manufactured home in such districts and the ground, including stairways, shall be underpinned with masonry that completely encloses the perimeter of the undercarriage and attached stairways, except for proper ventilation and access openings;

f.

The exterior siding of each manufactured home located in such districts shall consist of brick, vinyl, wood or hardboard siding material;

g.

Each manufactured home located in such districts shall have a pitched roof with a slope of at least four feet in height for each 12 feet in width, and roof materials shall be wood shake, tile, or asphalt shingle material;

h.

A covered porch, deck, or entry area at least 48 inches by 48 inches shall be added for each entrance to the manufactured home prior to occupancy.

(8)

Manufactured homes in R-4 MH districts. With respect to manufactured homes located in the R-4 MH residential districts within the city, the following installation and compatibility standards shall apply:

a.

Each manufactured home located in such zoning district must be set on an appropriate foundation as approved by the city building official;

b.

The transportation mechanisms, including wheels, axles, and hitches, must be removed prior to occupancy of any manufactured home in such zoning district prior to occupancy;

c.

The manufactured home in such zoning districts shall be installed in accordance with installation instructions provided by the manufacturer of the home;

d.

Each manufactured home located in such zoning districts shall be connected to a public sewer system, if available, or if such public sewer system is not available, to a community sewage system or to an on-site septic system with available capacity, such community sewage system and such on-site septic system to be approved by the appropriate health officials of the city or the county, as the case may be.

e.

The entire perimeter area between the bottom of the structure and the ground of each manufactured home located in such districts shall be skirted or underpinned with brick, masonry, finished concrete, or siding, of like or similar character to the manufactured home, which completely encloses the perimeter of the undercarriage, except for proper ventilation and access openings.

f.

At each exit door there must be a landing that is a minimum of 36 inches by 36 inches.

(Code 1986, § 23-32; Ord. No. O-94-09-31, 9-22-1994; Ord. No. O-98-12-47, 12-17-1998; Ord. No. O-00-10-40, 10-19-2000; Ord. No. O-02-10-29, 10-24-2002)