(A) Restrictions. The construction of any multiple-family dwelling, including apartments and 2-family dwellings in the city shall be permitted only as a part of a planned unit development and/or cluster development notwithstanding the provisions of this code to the contrary. The provisions of this section hereof shall be in addition to and not in replacement of the requirements pertaining to planned unit or cluster developments.
(Prior Code, Ch. 300 § 736.01)
(B) Compliance. In recommending the granting of a conditional use permit for structures containing 3 or more dwelling units, the Planning Commission shall find the proposed development plan is in substantial compliance with the approved apartment standards and city housing policies on file with the Zoning Administrator. In no event shall any building housing 3 or more families in a residential district have less than 10,000 square feet of lot area.
(Prior Code, Ch. 300 § 736.02)
(C) Conditional use permit, application. A conditional use permit shall be required for the construction of any multiple-family dwellings, including apartments, 2-family dwellings or townhomes, prior to the issuance of a building permit. The purpose of the conditional use permit shall be to assure that the site and building plans as well as the impact on the neighborhood are fully consistent with the intent and purpose of the zoning regulations and the Comprehensive Plan for the area. All requests for conditional use permit shall be accompanied by a series of site plans and data showing:
(1) Building locations, dimensions, and elevations; all signs, structures, entry areas, storage sites, and other structural improvements to the site;
(2) Circulation plans for both pedestrian and vehicular traffic;
(3) Fences and screening devices;
(4) Solid waste disposal provisions and facilities;
(5) Storm drainage plans;
(6) Firefighting and other public safety facilities and provisions such as hydrant locations and fire lanes;
(7) Data pertaining to numbers of dwelling units, sizes, lot area, ratios, and the like;
(8) Exterior wall materials and design information;
(9) A 2-foot contour topographic map of the existing site;
(10) A grading plan illustrating the proposed grade changes from the original topographic map. All site areas, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large-scale erosion, unwanted ponding, and surface chemical runoff;
(11) A recreation plan illustrating in detail all recreational facilities and structures;
(12) A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all seeded and sodded areas. The detailed landscape plan shall be prepared by a state registered, professional landscape architect; and
(13) A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction. This shall, at a minimum, include all slopes in excess of 18%.
(Prior Code, Ch. 300 § 736.03)
(D) Review. The required plans shall be reviewed by the Planning Commission and the City Council. The conditional use permit shall not be issued until site plan approval is obtained from the City Council after the required public hearing. The site plans, when approved, shall be made part of the conditional use permit and noncompliance with the site plans may be deemed by the City Council as grounds for the revocation of the conditional use permit.
(Prior Code, Ch. 300 § 736.04)
(E) Bond. The City Council shall require the developer to post a full performance bond guaranteeing that street, utility, storm drainage, landscaping and other individually specified improvements to the building site are completed as proposed on plans approved by the City Council.
(Prior Code, Ch. 300 § 736.05)
(F)
Deposit. The City Council, at its discretion, may require that the developer deposit in the City Park Fund, a sum per dwelling unit as set forth in § 33.01 to aid in the provision of increased recreational facilities, which are necessitated by growth in the city's population from the development. These monies shall be earmarked for capital improvements.(Prior Code, Ch. 300 § 736.06)
(1) Lot area per dwelling unit with sewer shall be as per §
159.041.
(2) In areas not served with public sewer and water, an engineering study shall be required to determine the population density that an on-site sewage system would support. This should be related to the density of the proposed development.
(3) Minimum lot width of 100 feet (with central sewer).
(4) Front yard (setback) - 30 feet on a minor street and 50 feet on a major street.
(a) Adjacent to another lot - 15 feet or 3/4 the height of the building, whichever is greater.
(b) Adjacent to a street - 30 feet.
(6) Rear yard (setback) - 30 feet.
(7) If a site abuts more than 1 street or planned future street, each street shall be treated as a frontage.
(Prior Code, Ch. 300 § 736.07)
(H) Parking requirements.
(1) Two parking spaces per unit shall be provided on the same site as the dwelling unit. Each space shall not be less than 9 feet wide and 20 feet in length, or as approved by the Zoning Administrator, and each space shall be served adequately with access drives.
(2) A minimum of 50% of the parking spaces shall be in garages.
(3) Parking spaces shall not be within 20 feet of the side lot line, within the front yard or within 5 feet of the rear lot line.
(4) Bituminous or concrete driveways and parking areas with concrete or asphalt curbing shall be required.
(Prior Code, Ch. 300 § 736.08)
(I) Landscape provisions.
(1) The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, and the like, so that no portion of the site remains undeveloped.
(2) A minimum of 20% of the site shall be landscaped.
(Prior Code, Ch. 300 § 736.09)
(1) Screening to a height of at least 5 feet shall be required where:
(a) Any off-street parking area contains more than 6 parking spaces and is within 30 feet of an adjoining residential zone; and
(b) Where the driveway to a parking area of more than 6 parking spaces is within 15 feet of an adjoining residential zone.
(2) All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than 5 feet high, but shall not extend within 15 feet of any street, driveway or lot line.
(3) Sidewalks shall be provided from parking areas, loading zones, and recreation areas to the entrances of the building.
(4) Outdoor swimming pools or other intensive recreation shall observe setbacks required for the principal structure.
(Prior Code, Ch. 300 § 736.10)
(K) Appearance. All buildings within an apartment development shall be so planned that they have the equivalent of a front appearance on each exterior vertical surface.
(Prior Code, Ch. 300 § 736.11)
(L) General building or structural requirements.
(1) Requirements for exterior wall surfacing and covering. All multiple-family dwelling buildings shall be designed and constructed to have the equivalent of a front appearance on each exterior surface. All accessory or ancillary buildings, including garages, shall be designed and constructed with the same facing materials as the principal building. Such material shall be used in the same or better proportions as used on the principal building.
(2) Restrictions against protruding air conditioners. No multiple-family dwelling shall have an air conditioning unit protruding from any exterior wall, except to the extent required for proper functioning of the air conditioning unit. An appropriate grill shall be provided to cover any such protrusion, which grill shall be designed to appear as an integral part of the exterior wall.
(3) Open air drying of clothes. Open air drying of clothes shall not be permitted on the grounds of multiple-family dwellings except when the following conditions are met:
(a) The areas for open air drying of clothes are specifically drawn on the original site plans; and
(b) A durable and dustless surface and adequate screening is provided for the entire area to be used for the drying of clothes.
(4) Play area. Each multiple-family dwelling development containing more than 4 dwelling units shall include a play area, part of which shall be a paved surface.
(5) Negative aspects. Any blighting or deteriorating aspects of the multiple-family dwelling development shall be placed upon or absorbed by the site itself, rather than by neighboring residential uses. This provision particularly applies to the location of parking areas.
(6) No land undeveloped. The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use, either parking, circulation, recreation, landscaping, screening, building, storage, and the like, so that no portion remains undeveloped.
(7) Trash incinerators and garbage. Except with townhouses and multiple-family dwellings of 4 or less units, no exterior incineration and all storage shall be completed enclosed by walls and roof.
(8) Street access. If it is intended that individual buildings of a multiple-family dwelling complex be sold separately, provision shall be made so that each such building to be sold abuts upon a public street.
(Prior Code, Ch. 300 § 736.12)
