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HomeMy WebLinkAbout1995.11.14_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION NOVEMBER 14, 1995 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: November 14, 1995 TIME: 7:00 PM PLACE: Owasso Community Center NOTICE FILED BY: Timothy Rooney TITLE: Community Development Director Filed in the office of the Owasso City Clerk at 9:00 AM on November 10, 1995. Timothy Rooney Community Development Director OWASSO PLANNING COMMISSION REGULAR MEETING Tuesday, November 14, 1995, 7:00 PM Owasso Community Center, 301 S. Cedar AGENDA 1. Call to Order 2. Roll Call 3. Consider Approval of the Minutes of the October 10, 1995 Regular Meeting. 4. Zoning Code Update - Review of Chapters 1 through 4 of the Owasso Zoning Code. No final action will be taken by the Planning Commission on these chapters; however input will be obtained regarding any recommended changes. 5. New Business 6. Report on Planning Items Previously Forwarded to City Council 7. Discussion of Development In and Near Owasso 8. Adjournment CIIAPTER 1 TITLE, PURPOSES, INTERPRETATION AND JURISDICTION 100 Title 110 Purposes, Interpretation, and Jurisdiction 120 Enactment SECTION 100 TITLE Title h of this ordinance shall be known and may be cited as the Zoning Code of the City of Owasso, Oklahoma. SECTION 110 PURPOSES, ON INTERPRETATION, AND JURISDICTION 110.1 Purposes This code is enacted for the purposes of promoting the health, safety, peace, morals, comfort, convenience, prosperity, order and general welfare; to reduce the danger of congestion of public transportation, to provide adequate light and air, public utilities, facilities, and service, and other public requirements; to promote productive and enjoyable harmony between man and the built environment; to achieve a balance between population and resource use which will permit high standards of living and a wide sharing of amenities; to prevent overcrowding of land and undue encroachment thereon; to promote efforts which will prevent or eliminate danger to the environment; to stimulate and assure all citizens safe, healthful, productive, and aesthetically and culturally pleasing surroundings; to encourage the residential, commercial, and industrial growth of the community as well as the most appropriate use of land; and to encourage the development of the community in accordance with a Comprehensive Plan. 110.2 Interpretation A. Validity of Other Laws Where this code imposes a greater restriction upon the use of structures or land upon height or bulk of structures, or requires larger open space or yards than are imposed by other ordinances, laws, or regulations, the provisions of this code shall not be construed to prevent the enforcement of other ordinances, laws, or regulations which prescribe more restrictive limitations. B. Severability In case any portion of this code shall be invalid or unconstitutional, as declared by a court of competent jurisdiction, the remainder of the code shall not thereby be invalid, but shall remain in full force and effect. C. Tense and Definition For the purpose of this code, certain terms and words are to be used and interpreted as defined in Chapter 16 of this code: words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The words "shall" and "will" are mandatory. 110.3 Jurisdiction A. Territorial Jurisdiction This code shall be in full force and effect and shall apply to all lands within the incorporated limits of the City of Owasso, Oklahoma. B. Annexed Territory When any territory shall be brought into the zoning jurisdiction of the City of Owasso by annexation or otherwise, such territory shall be deemed to be in the AG Agriculture district. This provision shall not operate to preclude subsequent rezoning of such property by amendment in the manner set forth in Chapter 15. C. City Owned Property Property owned, leased or operated by the City of Owasso, Oklahoma, or any other public or government body or agency, shall be subject to the terms of this code. SECTION 120 ENACTMENT 120.1 Planning Commission Approval and Recommendation The Owasso Planning Commission, after Public hearing, does hereby approve and recommend to the City Council that this new Zoning Code be adopted. Approved and Recommended this day of 1996. Planning Commission Chairperson Owasso, Oklahoma 120.2 City Council Adoption The City Council, after the Planning Commission recommendation for approval, does hereby adopt this Zoning Code. Due to the immediate necessity for the preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason whereof this ` Ordinance shall be in full force and effect from and after its passage and approval. Passed and adopted by the unanimous vote of all of the members of the City Council of the City of Owasso, Oklahoma, the emergency clause having been proposed and acted upon separately, and said emergency clause having been passed by more than three- fourths vote of the members of said Council this day of 1996. Charles L. Burris, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ron Cates, City Attorney GENERAL PROVISIONS 200 Zoning Districts Established 201 Supplemental Districts Established 202 Official Zoning map Established 203 District Boundary Description and Interpretation 204 Limitation on Land Use 205 Division of Lots 206 Street Frontage Required 207 One Single - Family Dwelling Per Lot of Record 220 Height Exceptions 230 Lot Area and Width Exceptions 240 Yards 250 Screening Wall or Fence 260 Platting Requirement 270 Major Street Plan 280 Structure Setback from Abutting Streets 290 Code of Ethics SECTION 200 ZONING DISTRICTS ESTABLISHED The Zoning Districts set forth below are hereby established. The District Symbol is in the column to the left. AG Agriculture District RE Residential Estate District RS -1 Residential Single - Family Low Density RS -2 Residential Single- Family Medium Density RS -3 Residential Single- Family High Density RD Residential Duplex RTH Residential Multi - Family Townhouse District RM -1 Residential Multi - Family Low Density RM -2 Residential Multi - Family Medium Density RMH Residential Mobile Home Park District OL Office Light District OM Office Medium District CS Commercial Shopping Center District CG Commercial general District CH Commercial high Intensity District IL Industrial Light and Research /Development District IM Industrial Moderate District IH Industrial heavy District SECTION 201 SUPPLEMENTAL DISTRICTS ESTABLISHED 201.1 Supplemental Districts Established The supplemental districts set forth below are hereby established. The district symbol is in the column to the left. FD Floodway Supplemental District (see Chapter 9) PUD Planned Unit Development (see Chapter 8) 201.2 Floodway Hazard Area maps Adopted In addition to the establishment of the FD Floodway Supplemental Zoning Districts, the Owasso Planning Commission shall adopt by resolution Flood hazard Area maps prepared by the City Engineer, or as prepared by the US Corps of Engineers or the Federal Insurance Administration and confirmed by the City Engineer, for each river, creek, or tributary within a recognized flood hazard area. The adoption of the Flood Hazard Area maps is essential for the protection of health, safety and general welfare of the public, and may occur prior to the adoption of the FD boundary delineations. Such Flood Hazard Area Maps shall be made available for public inspection in the offices of the Owasso City Planner, City Engineer, and /or Building Inspector. The following requirements shall be met before a zoning clearance permit or building permit is issued within a flood hazard area as depicted on said Flood Hazard Area Maps: (A) Permitted uses within the flood hazard area shall be those uses permitted in the respective general use district, provided that after the effective date of this code any building constructed, reconstructed, moved or altered shall have the lowest floor at least one (1) foot above the elevation of the 100 -year frequency flood as recorded on the appropriate adopted Flood Hazard Area map. (B) Permitted uses shall conform to the bulk and area requirements of the use district in which located. The boundaries of the Flood Hazard Area Maps may be amended by resolution of the Owasso City Council on recommendation from the Owasso Planning Commission so as to maintain uniformity with the purposes of this code upon finding that: (A) A flood control project of the federal, state, county, or city government, or a private person, has substantially altered the boundaries of the flood hazard area. (B) Flood data compiled subsequent to the adoption of the Flood Hazard Area Maps indicated that the boundaries of the flood hazard areas should be adjusted, or, (C) Proposed improvements, such as channel improvements, or flood retention reservoirs, will substantially alter the boundaries of the flood hazard areas and the actual construction of said improvements has been assured by the submission and acceptance of the bond. Proposed amendments to the adopted Flood Hazard Area Maps that do not originate in the City Engineer's office but are made as a formal request to the Planning Commission shall be transmitted in writing to the City Engineer for a review and recommendation. Upon a finding by the City Engineer that proposed amendment of Flood Hazard Area Maps meets one of the three conditions listed above, he shall certify in writing and shall furnish to the Planning Commission two (2) copies of the amended boundaries, including the elevations of the 100 -year flood, for adoption by the Planning Commission and approval by the City Council. If the proposed amendment does not meet one of the conditions listed above, the City Engineer shall deny the proposal in writing and furnish the Planning Commission a copy of his findings. SECTION 202 OFFICIAL ZONING MAP ESTABLISHED The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the Official Zoning Map of the City of Owasso, Oklahoma. The Official Zoning Map shall be maintained by the City of Owasso through the office of the City Planner, or his/her designee. Said map may be divided into parts, and such parts may be separately employed for identification purposes when adopting or amending the Official Zoning Map or for any reference to the Official Zoning Map. SECTION 203 DISTRICT BOUNDARY DESCRIPTION AND INTERPRETATION District boundary lines shall be described by legal description or by a map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets and shall be so designated on the Official Zoning Map. When a map is used, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of abutting street, alley, or railroad right -of -way, as the same were of record at the time of adoption. In all cases where there is doubt as to the exact location of district boundary lines, the same shall be determined by the Board of Adjustment. SECTION 204 LIMITATION ON LAND USE No land or building shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space and other requirements established in the district in which such land, building, structure or improvement is located, except as provided by Chapter 12, Nonconformities. In order to avoid undue hardship: (A) Nothing in this code shall be deemed to require a change in the plans, construction, or designated use of any building, where a permit was lawfully issued prior to the effective date of this code, and pursuant to such permit, construction is diligently carried to completion. Upon completion, such building or use shall be deemed nonconforming and may continue as regulated by Chapter 12, Nonconformities. (B) At any time within two (2) years after the effective date of this code a building permit and zoning clearance permit may be issued or a use of land commenced with the terms and conditions of a special exception or variance granted by the Board of Adjustment prior to the effective date of this code. SECTION 205 DIVISION OF LOTS A lot shall not hereafter be divided into two or more lots, unless all lots resulting from such division conform to all the applicable regulations of the zoning district in which it is located. SECTION 206 STREET FRONTAGE REQUIRED No lot shall contain any building used in whole or in part for residential purposes unless such lot has a minimum of 30 feet of frontage on a public street or dedicated right -of -way, except a substandard lot of record, a lot within an approved Planned Unit Development, or a lot within an approved Townhouse Development. SECTION 207 ONE SINGLE - FAMILY DWELLING PER LOT OF RECORD Not more than one residential structure may be constructed on a lot in an RE, RS, or RD district except in the case of a lot which is within an approved Planned Unit Development. SECTION 220 HEIGHT EXCEPTIONS The following structures shall not be subject to the height limitations of the district in which they are located: (A) Farm buildings and structures. (B) Belfries, chimneys, cupolas, domes, elevators, penthouses, flagpoles, monitors, smokestacks, spires, cooling towers and ventilators, provided they are not intended for human occupancy. (C) Ground and structure- supported accessory antennas and aerials, including elevating structures (poles and towers), which do not exceed a total aggregate height of sixty (60) feet above the natural land grade and which meet the following requirements: 1. No portion of the antenna, aerial, elevating structure or any anchor or guy line may encroach upon the land area or airspace of any adjoining or abutting property. 2. In a residential district, no portion of the antenna, aerial, elevating structure, or any anchor guy line, may extend beyond the front yard building setback line or extend into any established front yard or into any ` ' side yard; provided that (a) Height and location restrictions shall not be applicable to radio communication facilities owned, operated and maintained by any city, county, state or federal governmental agencies; (b) Non - guyed, omni - directional, single- element vertical antennas not exceeding ten (10) feet in height, and not exceeding three- fourths (1 -3/4) inches outside diameter shall be permitted in addition to the sixty (60) foot aggregate height limitation; (c) The restrictions established by this section may be modified by the Board of Adjustment special exception approval, subject to the minimum requirements for special exception approvals and such additional safeguards and conditions as may be imposed by the Board of Adjustment. SECTION 230 LOT AREA AND WIDTH EXCEPTIONS Except for fire protection and ambulance service, the lot area and width requirement of Zoning Districts shall not apply to the uses included within Use Unit 4, Public Protection and Utility Facilities. SECTION 240 YARDS 240.1 Compliance with Yard requirements Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards providing for a building for the purpose of complying with the provisions of this code shall not be considered the yard for any other building and yards provided for a lot shall not be considered that yard of any other lot. 240.2 Permitted Yard Obstructions Obstructions are permitted in required yards as follows: (A) Cornices, canopies, eaves and similar architectural features may project not more than two (2) feet into a required yard. (B) Fire escapes may project not more than four and one -half (4 -1/2) feet into a required yard. (C) Fences, hedges, plant materials and walls may be located in any yard provided that on any corner lot on which a front and side yard is required, no wall fence, sign, structure, or any plant growth which obstructs sight lines at elevations between two (2) and six (6) feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along said front and side lot lines and connecting the points so established to form a "sight triangle" on the area of the lot adjacent to the street intersection. Fences and walls within yards shall not exceed the city height of eight (8) feet. Any fence or wall which projects into or encloses a required front yard shall not exceed a height of four (4) feet. The Board of Adjustment, as a Special Exception, may modify these limitations. (D) Signs which are permitted in residential districts may be located within any yard which is bounded by a public street. (E) In the RE and RS Residential Districts, a detached accessory structure may be located in a required rear yard provided (1) the structure or structures do not cover more than 20 percent of the area of the minimum required rear yard and, (2) the total gross floor area for any accessory building or buildings located in the rear yard, required rear yard, and or both, shall not exceed 750 square feet. (The Board of Adjustment upon application, and after notice and public hearing, may grant a variance of E (2) above.) (F) Swimming pools, hot tubs, tennis courts, patios, satellite dishes, fallout and other protective shelters shall be located in the rear yard and shall have a minimum setback of ten (10) feet from any side yard or rear lot lines. However, the Board of Adjustment may, upon application and after public hearing, permit the aforementioned accessory uses in the front yard provided; (1) the minimum front yard requirement is adhered to, and (2) a minimum setback of ten feet from any side lot line is met. (G) Mobile home hitches. (H) Carports by Special Exception requiring Board of Adjustment approval. (I) Customary accessory structures, such as clothes lines, barbecue pits, and playground equipment. 240.3 Use of Yards in R District No inoperative or unlicensed motor vehicles shall be parked or stored within the front or exterior side yard in R Districts. No vehicle shall be parked except on a hard surfaced area constructed of a dust free all- weather material. Within the RM Districts, not more than one vehicle shall be parked for each 600 square feet of area contained in a required front or corner side yard. SECTION 241 EXISTING BUILDING ENCROACHMENT ON FRONT YARDS OR BUILDING SETBACKS Where an existing building or buildings on the same side of the street and within the same block encroach on the required front yard or building setback, the required front yard or building setback for new construction shall be established as follows: (A) If the proposed building is to be located more than 200 feet from an encroaching building, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located. (B) If the proposed building is to be located between adjacent buildings which conform to the required front yard or building setback, or between a conforming building and an intersecting street, the proposed building shall conform to the front yard or setback established for the district in which the proposed building is to be located. (C) If the proposed building is to be located within 200 feet of encroaching buildings on both sides and there are no intervening buildings, the front yard or building setback shall be the average of the front yard setback of the two nearest front corners of the encroaching buildings. (D) If the proposed building is to be located within 200 feet of an encroaching building on one side, but not both sides, and there are no intervening buildings, the front yard or building setback shall be the average of the otherwise required front yard or setback and the setback of the nearest front corner of the encroaching building. Provided, however, that in the application of (C) or (D) above, the front yard or building setback shall not be reduced to less than 5 feet plus 1/2 of the right -of -way width designated on the Major Street Plan for the abutting street or 5 feet plus 1/2 of the dedicated street right -of- way, whichever is greater, or 5 feet plus 25 feet if the street is not designated on the Major Street Plan. SECTION 250 SCREENING WALL OR FENCE 250.1 Specifications For the purpose of maintaining a compatible relationship between certain land uses, a screening requirement is hereby established for the initiation and continuance of particular uses in such instances as may be hereinafter designated. When the provisions of this code require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence: (A) Shall be constructed, designed, and arranged to provide visual separation of uses, irrespective of vegetation; (B) Shall not be less than six (6) feet in height; (C) Shall be constructed with all braces and supports on the interior, except when both sides are of the same design and appearance; (D) Shall be erected prior to the occupancy of the building or initiation of the use required to screen; and, (D) Shall be of the type of materials compatible with the surrounding area. 250.2 Maintenance The screening wall or fence shall be maintained by the owner of the lot containing the use required to construct the screening. Failure to maintain after notice by the City of Owasso shall constitute an offense hereunder. 250.3 Modification of the Screening Wall or Fence Requirements The Board of Adjustment, as a variance, may: (A) Modify or remove the screening requirement where existing physical features provide visual separation of uses; (B) Modify the screening requirement where an alternative screening will provide visual separation of uses; (C) Grant an extension of time to erect a screen where properties which are to be benefitted by the screen are undeveloped; and, (D) Remove the screening requirement where the purposes of the screening requirement cannot be achieved. SECTION 260 PLATTING REQUIREMENT For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows: For any land which has been rezoned upon application of a private party, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to the Planning Commission for their review and recommendation, approved by the City Council, and filed in the office of the County Clerk where the property is situated. Provided that the City Council, pursuant to their exclusive jurisdiction over subdivision plats, may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or replat. SECTION 270 MAJOR STREET PLAN The City of Owasso Street and Highway Plan, hereafter referred to as The Major Street Plan, as adopted by the City Council of the City of Owasso as a part of the Comprehensive Plan. SECTION 280 STRUCTURE SETBACK FROM ABUTTING STREET The structure setback from abutting streets shall be as provided for each zoning district. However, every structure shall be setback from the centerline of an abutting street a horizontal distance of not less than 1/2 of the right -of -way designated on the Major Street plan. SECTION 290 CODE OF ETHICS The Mayor or any member of the City Council, Planning Commission, or Board of Adjustment, to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this code, shall not be a participant in that action. The possibility, not the actuality, of a conflict shall govern. The individual experiencing a conflict of interest shall declare his interest, abstain from voting on the matter, and refrain from any deliberations on the matter. The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon. CHAPTER 3 AGRICULTURE DISTRICT PROVISIONS 300 Purposes 310 Principal Uses 320 Accessory Uses 330 Bulk and Area Requirements 340 Special Exceptions Uses, Requirements SECTION 300 PURPOSES OF AGRICULTURE DISTRICT The Agriculture Districts are designed to: (A) Protect agricultural land. (B) Discourage wasteful scattering of development in rural areas. (C) Obtain economy of public fund expenditures for improvements and services. SECTION 310 PRINCIPAL USES PERMITTED IN THE AGRICULTURE DISTRICT The principal uses permitted in the Agriculture Districts are designated by use units. The use units are groupings of individual uses and are fully described, including their respective off -street parking, loading, screening requirements and other use conditions in Chapter 10. The use units permitted in Agriculture District are set forth in Table 1 on the following page. Table 1 Use Units Permitted in the Agriculture District USE UNIT USE DISTRICT 1 Areawide Uses By Right X 2 Areawide Special Exception Uses E 3 Agriculture X 4 Public Protection, Utility, and Open Air Facilities X 5 Community Services, Cultural, and Recreational Facilities E 6 Single - Family Dwelling X 9 Mobile Home Dwelling E 20 Commercial Recreation: Intensive E 21 Business Signs and Outdoor Advertising X 23 Mining and Mineral Processing E X = Use By Right E = Special Exception SECTION 320 ACCESSORY USES IN THE AGRICULTURE DISTRICT 320.1 Accessory Uses Permitted Accessory uses customarily incident to a principal use permitted in an Agriculture District are permitted in such district. In addition, the uses set forth in Table 2 are permitted as accessory uses. Table 2 Accessory Uses permitted in Agriculture District 1. Bulletin Boards 2. Identification Signs 3. Real Estate Signs 4. Wind Energy Conversion Systems 5. Home Occupations* * See conditions set forth in Section 420.2 B which are also applicable in an AG district. 320.2 Accessory Use Conditions (A) General Conditions 1. An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building. 2. Accessory buildings shall meet the minimum yard or building setback requirements. (B) Accessory Signs in the AG District 1. 'Area marker for identification of a subdivision or development is subject to approval of the governing body of the City of Owasso. 2. One bulletin board may be erected on each street frontage of an educational, religious, institutional, or similar use requiring announcement of its activities, provided that such institutions occupying a corner lot shall be permitted no more than two (2) signs. The bulletin board shall not exceed 12 square feet in surface area nor a height of four (4) feet above normal grade and illumination, if any, shall be by constant, indirect lighting away from adjoining residential uses. No bulletin board shall be located closer than eight (8) feet from any side or rear property line, more located closer than ten (10) feet to the front property line. A sign or bulletin board, affixed to a building, shall not project higher then ten (10) feet above the ground level. Buildings constructed on the property line shall be allowed one identification sign only when the sign is a flat wall sign permanently attached to the building. On corner lots, no sign shall be so constructed or so located that it will obstruct the view of traffic approaching street intersection. 3. Business signs unilluminated, in agricultural districts, subject to the following conditions: (a) Professional or occupational nameplates not over two (2) square feet in area and showing only the name and /or address and occupation of the occupant. there shall be only one (1) nameplate for each dwelling. The nameplate shall be affixed to the principal building flat against the wall. (b) Real estate signs, single or double faced, advertising "for sale ", "for rent ", or "for lease" of the premises upon which the sign is located subject to the following conditions: 1. Only one (1) sign for each real estate company shall be permitted per lot, for each sixty (65) feet of street frontage. 2. No sign shall exceed eight (8) square feet in area. 3. When a sign is affixed to a building, it shall not project higher than one (1) story or ten (10) feet above the ground level. 4. Ground signs shall be securely anchored to the ground and shall not project higher than five (5) feet above the ground grade. (c) One (1) sign denoting the architect, engineer, contractor, financier, or other related concern may be placed upon the building site while a structure is under construction provided it does not exceed sixteen (16) square feet in area and is removed within thirty (30) days after construction is complete. (d) A sign or signs advertising a subdivision, each not exceeding one- hundred (100) square feet in area may be placed in a subdivision during the initial sales and development; Provided that the sign or signs are located at least twenty -five (25) feet from any right -of- way or street line, and are removed within ninety (90) days after completion of the last house or sale of the last lot in the subdivision or three (3) years from the date of initial construction, whichever comes first. (e) One (1) wall sign may be attached to a wall of an apartment building located in an AG zone: Provided that such sign shall not exceed ten (10) percent of the wall to which it is attached or ninety (90) square feet whichever is less. Provided further, that the wall to which such sign is attached shall front or face upon a public right -of -way: Provided further, that in no case shall more than one (1) such sign be permitted for any apartment complex. (C) Wind Energy Conversion Systems (WECS) All WECS tower structures shall comply with the design and construction techniques in the BOCA Building Code. Compliance shall be certified in writing by the manufacturer's engineering staff or by a registered structural engineer. 2. Towers shall have either tower - climbing apparatus located not closer than 12 feet from the ground or shall have a locked anti -climb devise installed on the tower. 3. Safety wires shall be installed on the turnbuckles of the guy wires for all guyed WECS towers. 4. A WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The conformance of rotor and overspeed control design with good engineering practices shall be certified by the manufacturer's engineering staff or by a registered mechanical engineer. The compatibility of the tower and the rotor shall also be certified by the manufacturer or by a registered mechanical engineer. 5. The minimum height of the lowest part of the WECS shall be either 30 feet above the highest structure or potential tree height, whichever is higher, if it is within 300 feet. 6. No part of WECS shall be located within or over drainage, utility, or other established easements. No part of a WECS shall be located within or over any required minimum front, side, or rear yard setback. 7. The restrictions established by this section may be modified by the Board of Adjustment, subject to certification of minimal electrical, mechanical, and structural requirements, and such additional safeguards and conditions as may be imposed by the Board of Adjustment. SECTION 330 BULK AND AREA REQUIREMENTS IN THE AGRICULTURE DISTRICT Table 3 Bulk and Area Requirements in the Agriculture District Lot Width (Min. Feet) 200 Lot Area (Min. Acres) 2 Land Area (Min. Acres per Dwelling Unit) 2.2 Front and Corner Yards (When Abutting an Arterial Street) 35 Front and Corner Yards (When Abutting all other Types) 25 Side Yard (Min. Feet, Both Listed) 15 Rear Yard (Min. Feet) 40 Building Height (Max. Feet) N/A SECTION 340 REQUIREMENTS FOR SPECIAL EXCEPTION USES IN THE AGRICULTURE DISTRICT The Special Exception Uses permitted in the Agriculture District, as designated in Table 1, are subject to the requirements set out below, and such additional safeguards and conditions as may be imposed by the Board of Adjustment. (A) The accessory use provisions of the Agriculture District pertaining to signs are applicable to accessory signs for uses permitted by special exception. (B) A minimum tract size of three (3) acres per each mobile shall apply to mobile homes permitted by special exception. (C) Special exception uses, except as provided in (B) above, shall conform to the bulk and area requirements of the use district in which located, unless the use unit requirements are more restrictive, in which case the more restrictive shall control. CHAPTER 4 RESIDENTIAL DISTRICT PROVISIONS 400 Purposes 410 Principal Uses 420 Accessory uses 430 Bulk and Area Requirements 440 Special Exception Uses, Requirements 450 Site Plan Review SECTION 400 PURPOSES OF RESIDENTIAL DISTRICTS 400.1 General Purposes The residential districts are designed to: (A) Achieve the residential objectives of the Comprehensive Plan. (B) Protect the character or residential areas by excluding inharmonious commercial and industrial activities. (C) Achieve a suitable environment for family by permitting in residential areas appropriate neighborhood facilities, such as churches, schools, and certain cultural and recreational facilities. (D) Preserve openness of the living areas and avoid overcrowding by requiring minimum yards, open spaces, lot areas, and by limiting the bulk of structures. (E) Permit a variety of dwelling types and densities to meet the varying needs of families. (F) Control the density of residential development to facilitate the planning for an economical provision of streets, utilities, and other public facilities. 400.2 Purposes of the RE Residential Estate District The RE District is designed to permit the development and conservation of single -family detached dwellings in a suitable environment for family life on large parcels of land at a low population density. It is the intent of this district to prohibit any other use which would substantially interfere with the stated purposes of this district, and discourage any uses that generate traffic and create congestion on neighborhood streets other than the normal traffic serving the residents of those streets. 400.3 Purposes of the RS Residential Single- Family Districts The RS -1, RS -2, and RS -3 districts are designed to permit the development and conservation of single - family detached dwellings in suitable environments in a variety of densities to meet the varying requirements of families. 400.4 Purposes of the RD Residential Duplex District The RD district is designed to permit a more intense yet compatible use of tracts in or near single - family residential and other neighborhoods which, because of size, topography, or adjacent land use are not ideally suited for single - family use. 400.41 Purposes of the RTH Residential Multi- Family Townhouse District The RTH district is designed to permit the development of attached single - family townhouse dwellings, on separate lots, which are designed expressly for separate ownership, in suitable residential environments at a higher density than conventional detached single - family dwellings. 400.5 Purposes of RM Residential Multi - Family Districts The RM -1 and RM -2 districts are designed to permit the development and conservation of multi- family dwelling types, such as garden apartments and townhouses, in suitable environments in a variety of densities to meet the varying requirements of families. 400.6 Purposes of the RMH Residential Mobile Home Park District The RMH district is designed to recognize mobile home living as a residential use necessitating location in residential areas yet requiring regulation to insure a suitable living environment. SECTION 410 PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS The principal uses permitted in the Residential Districts are designated by use unit. The use units are groupings of individual uses and are fully described, including their respective off -street parking, loading, and screening requirements and other use conditions in Chapter 10. The use units permitted in residential districts are set forth on the following page in Table 1. Table 1 Use Units Permitted in Residential Districts Use Unit Type RE RS RD RTH RM RMH 1. Areawide Uses By Right X X X X X X 2. Areawide Special Exception Uses E E E E E E 4. Public Protection, Utility, & Open Air Fac E E E E E E 5. Community Services, Cultural, & Rec Fac E E E E E E 6. Single - Family Dwelling X X X X X X 7. Duplex Dwelling E* X E X 8. Multi - Family Dwelling & Similar Uses X ** X 9, Mobile Home Dwelling X rermucea ny xign[ n- opeciai rxcepnon * Duplexes permitted in RS -3 only. ** Multi - family dwellings, other than townhouses, are not permitted in the RTH district. SECTION 420 ACCESSORY USES IN RESIDENTIAL DISTRICTS 420.1 Accessory Uses Permitted Accessory uses customarily incident to a principal use permitted in a residential district are permitted in such district. In addition, the following uses set forth in Table 2 on the follwing page, are permitted accessory uses. Table 2 Accessory Uses Permitted in Residential Districts 420.2 Accessory Use Conditions (A) General Conditions 1. An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building. 2. A detached accessory building shall not be located in the front or side yard or encroach upon a minimum building setback line, but this limitation shall not apply to carports, provided the minimum required front yard or side yard or setback line is observed. 3. Within the rear yard, a detached accessory building shall be located at least five feet from any interior lot line. Uses Districts 1. Home Occupations All R Districts* 2. Roomers and Boarders: Two Persons All R Districts More than Two Persons All R Districts* 3. Shelters All R Districts 4. Signs: All R Districts Bulletin Board Identification Sign Real Estate Construction 5. Swimming Pool All R Districts 6. Management Office and Private Recreation, Laundry All R Districts and Storage Facilities 7. Wind Energy Conversion System RM -1, RM -2, RMH, RE, RS -1* * - by special exception requiring Board of Adiustment aonroval. 420.2 Accessory Use Conditions (A) General Conditions 1. An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building. 2. A detached accessory building shall not be located in the front or side yard or encroach upon a minimum building setback line, but this limitation shall not apply to carports, provided the minimum required front yard or side yard or setback line is observed. 3. Within the rear yard, a detached accessory building shall be located at least five feet from any interior lot line. 4. One unoccupied recreational vehicle, a length of 30 feet or less, may be parked upon a lot as an accessory use. (B) Home Occupations An occupation, profession, or trade customarily carried on by occupants of a dwelling unit as a secondary use which is clearly incidental to the principal use of the dwelling unit for residential purposes is allowed as an accessory use in residential districts, subject to the following provisions: Location: Home Occupation shall be conducted only within the principal structure. 2. Area: The maximum floor area utilized for home occupation purposes shall not exceed twenty -five percent (25 %) of the total floor area of the principal structure. 3. Employees: The home occupation shall be engaged in only by the family or person occupying the dwelling as a private residence. No person shall be employed in the home occupation other than a member of the immediate family residing on the premises. 4. Merchandise: The home occupation shall not involve the retail sale of merchandise manufactured off the premises. 5. Visibility of Merchandise: No merchandise shall be displayed in such a manner as to be visible from outside. 6. Outdoor Storage: No outdoor storage shall be allowed in connection with any home occupation. 7. Maintenance of Residential Character: No alteration of the residential character of the premises may be made, including the removal of garage doors. Signs: No signs, display, or advertising on premises shall be permitted. 9. Disturbances: No mechanical or electrical equipment or other activities shall be allowed which create a noise, dust, odor, or electrical disturbance. 10. Traffic and Parking: No home occupation shall generate more than 15 trips per day to and from the premises and all parking needs generated shall be accommodated by off -street parking which does not alter the residential character of the premises. (C) Roomers and Boarders In a dwelling unit occupied as a private residence, one or more rooms may be rented or table board furnished, to not more than: (a) two persons who are non - members of the family occupying said premises as a permitted accessory use; or (b) more than two persons by special exception requiring Board of Adjustment approval. However, in either case, no window display or sign board shall be used to advertise such use. (D) Signs 1. Area markers as set forth in Section 320.2.b.I of this code. 2. Bulletin boards, as set forth in Section 320.2.b.2 of this code. 3. Business signs, unilluminated, as set forth in Section 320.2.b.3 of this code. (E) Wind Energy Conversion System (WECS) must comply with the conditions listed in WECS Section 320.2.c. SECTION 430 BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS 430.1 Bulk and area requirements in the RE, RS, RD, RTH and RM districts are shown on Table 3 and 4 on the following two pages. Table 3 BULK AND AREA REQUIREMENTS SINGLE - FAMILY DISTRICTS lot size may be less than the minimum frontages as long as the front building line on said lot is a minimum of one - hundred twenty -five (125) linear feet. RE RS -1 RS -2 RS -3 Lot Width (Ft) 150* 100 75 65 Lot Area (Sq Ft) 24,000 13,500 9,000 7,000 Land Area Per Dwelling (Sq Ft) 28,375 16,000 10,875 8,400 Structure Height (Ft) 30 30 30 30 Livability Space (Sq Ft) 12,000 7,000 5,000 4,000 Front Yard Setback (Arterial) 35 35 35 35 Front Yard Setback (Non- Arterial) 35 35 30 25 Corner Yard Setback (Arterial) 20 20 20 20 Corner Yard Setback (Non - Arterial) 15 15 15 15 Rear Yard Setback 25 25 25 20 Side Yard Setbacks (Both Listed) 15/15 10/5 10/5 10/5 * The frontage of any lot in the RE district which meets the requirements of minimum lot size may be less than the minimum frontages as long as the front building line on said lot is a minimum of one - hundred twenty -five (125) linear feet. Table 4 BULK AND AREA REQUIREMENTS MULTI- FAMILY DISTRICTS to iae tctvi -i atstrtct, a one -story tnmtation matt apply to structures containing more than 3 dwelling units which are within 50' of an adjoining RE or RS district. RD RTH RM -1 RM -2 Lot Width (Ft) One and Two Family 60 60 60 60 Multi -Family (Other than RTH) 100 100 Lot Area (Sq Ft) One and Two Family 6,900 6,900 7,000 7,000 Multi -Family (Other than RTH) 10,000 10,000 Land Area Per Dwelling (Sq Ft) One Family 8,400 7,500 7,500 7,500 Two Family 4,200 4,600 4,600 4,200 Multi - Family (Other than RTH) First Two D.U. 4,600 4,200 Each Additional D.U. Less than Two Bedrooms 3,100 2,400 Two or More Bedrooms 4,356 3,100 Structure Height (Ft) 35 35 35 35 Livability Space (Sq Ft) 2,000 1,400 1,000 800 Front Yard Setback (Arterial) 35 35 35 35 Front Yard Setback (Non - Arterial) 25 25 25 10 Corner Yard Setback (Arterial) 15 20 15 15 Corner Yard Setback (Non - Arterial) 15 15 15 15 Rear Yard Setback 20 20 20 10 Side Yard Setbacks (both Listed) 10/5 10/5 10/5 10/10 tIn the RM-1 district, a one -story tnmtation matt apply to structures containing more than 3 dwelling units which are within 50' of an adjoining RE or RS district. 430.2 Bulk and Area requirements in the RMH District A. The Mobile Home Park Development: Tract Area (Min) Tract Width (Min) Land Area Per Dwelling Unit (Min) Livability Space per Dwelling Unit Livability space shall be provided in common areas of not less than 7,500 square feet, located so as to be conveniently accessible to the mobile homes it is intended to serve. Front yards and any yards abutting a Public Street: Measured from centerline, add 1/2 of right -of -way width designated on the Major Street Plan or 25 feet if not designated (Min) 5 acres 100 feet 5445 square feet 300 square feet Abutting an Arterial 35 feet Abutting a Non - Arterial 25 feet Side Yard (Min) 10 feet Rear Yard (Min) 10 feet Height (Max) One Story B. Internal Requirements Mobile Home Space (Min), exclusive of streets, required off -street parking, and required livability space 3,000 square feet Separation Between Mobile Homes (Min) 15 feet Minimum Internal Street paving Width 24 feet Mobile Home Setback from Centerline of a Private Internal Street (Min) 22 feet C. Mobile Home Subdivisions A mobile home park development containing a tract area of not less than 5 acres may be subdivided to permit individual ownership of mobile home spaces, provided the resulting lots shall comply with the bulk and area requirements set out below and a subdivision plat incorporating the bulk and area requirements is submitted to and approved by the Planning Commission and filed of record in the office of the County Clerk where the property is located. Land Area Per Dwelling Unit (Min) 6,000 square feet Lot Size (Min) 4,000 square feet Livability Space Per Dwelling Unit (Min) 1,000 square feet Height (Max) One Story Front yards and any yards abutting a Public Street: Measured from centerline, add 1/2 of right -of -way width designated on the Major Street Plan or 25 feet if not designated (Min) Abutting an Arterial 35 feet Abutting a Non - Arterial 25 feet Side Yards (Both Min. Listed) 5110 feet Rear Yard (Min) 10 feet SECTION 440 SPECIAL EXCEPTION USES IN RESIDENTIAL DISTRICTS, REQUIREMENTS The Special Exception Uses, permitted in the residential districts, as designated in table 1, are subject to the minimum requirements set out below and such additional safeguards and conditions as may be imposed by the Board of Adjustment. A. The accessory use provisions of the residential districts pertaining to signs are applicable to accessory signs for principal uses permitted by special exception. B. In the RS -3 districts, duplex use shall comply with the height and yard requirements for single - family use and, in addition, shall comply with the following requirements: 1. Minimum lot area of 9,000 square feet. 2. Minimum land area per dwelling unit of 5,000 square feet. 3. Minimum frontage of 75 feet. 4. Minimum livability space per dwelling unit of 2,000 square feet. C. In the RE and RS districts, children's nurseries shall comply with the lot width, lot area, height, and yard requirements for single - family use and, in addition, a maximum floor area ratio of .5 (50 %) shall apply. D. In the RMH district, a single- family dwelling shall comply with the bulk and area requirements of the RS -3 residential district.