§ 11.1. CUP Community Unit Plan District.

11.1.1 CUP District scope and intent. Regulations in this section are the CUP District regulations. Article XIX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The CUP District identifies land areas for a variety of housing types within a planned community setting. (Amended 11/3/93)

The CUP District is intended to:

A.

Encourage the development of large tracts of land as planned communities.

B.

Encourage flexible and creative concepts in site planning.

C.

Preserve the natural amenities of the land by encouraging scenic and functional open areas.

D.

Provide for an efficient use of land.

E.

Provide a stable residential environment compatible with surrounding residential areas.

F.

Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments.

11.1.2 Use regulations. Within the CUP District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited.

A.

Permitted uses . Structures and land may be used for only the following purposes:

1.

Single family dwelling

2.

Two family dwelling

3.

Triplex (Added 04/05/06)

4.

Quadruplex (Added 04/05/06)

5.

Townhouse (Added 04/05/06)

6.

Multi-family Residential

7.

Day Care facility located in a Multi-family or community building, or place of worship

8.

Golf, country club, pool and recreation court

9.

Community facilities

10.

Places of Worship

B.

Accessory uses . A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions:

1.

Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed.

2.

Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed.

11.1.3 Development plan. The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. Administrative guidelines for preparing site plans are available from the Director of the Department of Environment and Community Development. A site plan shall become the development plan if the request to rezone is approved without changes or additions. If the approval by the board differs, in any way, from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the Department of Environment and Community Development before development related permits may be issued. A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development related permits. The location of all use areas shall be shown on the development plan, and location on the ground shall be as shown on the development plan. (Amended 11/3/93, 2/7/01)

11.1.4 Development standards.

A.

Height regulations: No single family residential dwellings or accessory structures shall exceed 40 feet in height. The height of all other structures are as approved per the conditions of zoning. (Amended 2/7/96)

B.

Minimum land area per unit: As specified in conditions.

C.

Minimum lot area per unit: As specified in conditions.

D.

Minimum CUP size: Ten contiguous acres.

E.

Maximum density:

— Multifamily: Nine units per gross acre.

— Single family: Five units per gross acre.

F.

Minimum lot width: None, unless specified in conditions.

G.

Minimum CUP development frontage: 35 feet.

H.

Minimum lot frontage: 20 feet adjoining a street. (Amended 11/3/93)

I.

Minimum heated floor area per unit: As specified in conditions.

J.

Minimum perimeter setback — Entire CUP development: As specified in conditions.

K.

Minimum interior setbacks, single family lots:

1.

Minimum front yard: As specified in conditions.

2.

Minimum side yard: As specified in conditions.

3.

Minimum rear yard: As specified in conditions.

L.

Minimum accessory structure requirements:

Single family and two family uses: Accessory structures may be located within the side or rear yards, subject to perimeter and minimum yard setbacks.

Multifamily uses: Accessory structures may be located in the rear yard only, but shall not be located within a minimum yard.

M.

Minimum building separation—More than one dwelling per lot. All building separations shall be as specified by the Standard Building Code. (Approved 06/02/04)

N.

Other minimum standards:

1.

Setbacks and roof lines shall be varied by at least two feet so that no more than three adjoining dwelling units within a single building shall have the same front setback or roof line.

2.

Common outdoor area consisting of not less than 550 square feet per unit shall be provided for recreation in all developments of 20 or more acres.

3.

Land area proposed for open space or recreation shall be allocated among the use areas in proportion to the ratio of a neighborhood population to the total CUP population so that acreage devoted to open space is reasonably accessible to all residents.

4.

Multifamily uses shall not be located along the perimeter except adjacent to or across a street from an existing multifamily or more intense use.

5.

Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owners areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the Director of the Department of Environment and Community Development. (Amended 11/3/93, 2/7/01)

6.

Multifamily units shall not exceed 25 percent of the total number of dwelling units in a CUP.

11.1.5 Other regulations. The headings below contain some additional, but not all, provisions applicable to the CUP District:

Development regulations. Article XXXIV

Exceptions. Section 4.3

Floodplain management. Section 4.24

Off-street parking and loading. Article XVIII

Outside storage. Section 4.2

Landscape area and buffer regulations of the TR, A or

A-L District shall apply, as corresponding. Section 4.23

River protection. Metropolitan River Protection Act

Signs. Article XXXIII