§ 11.2. NUP Neighborhood Unit Plan.(Amended 7/5/95)

11.2.1 NUP District scope and intent. Regulations set forth in this section are the NUP District regulations. Article XIX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The NUP District is intended to provide land areas devoted to low to medium density single family residential uses of five or fewer units per acre consistent with the densities ranges suggested on the comprehensive plan land use map. The NUP District is intended to 1) encourage the development of medium sized tracts of land as planned neighborhoods or the development of vacant parcels of land with transitional densities in built-up areas, 2) encourage the preservation of trees and vegetation, and to 3) encourage innovative site planning. Land proposed for a NUP shall comply with the following standards:

A.

Provide a density that is consistent with the plan densities and surrounding properties.

B.

Protect neighboring properties by requiring peripheral setbacks and development standards compatible with adjacent developments as required by the district standards and the conditions of zoning.

11.2.2 Use regulations. Within the NUP 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.

Recreation facilities associated with single family development.

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.

11.2.3 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 NUP 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)

11.2.4 Development standards.

A.

Height regulations: No building shall exceed 40 feet in height. (Amended 2/7/96)

B.

Minimum lot area per unit: 4,000 s.f.

C.

NUP size:

Minimum four contiguous acres.

Maximum 12 contiguous acres

D.

Maximum density: Five units per gross acre.

E.

Minimum lot width: None unless specified in conditions.

F.

Minimum development frontage: 35 feet.

G.

Minimum lot frontage: 20 feet adjoining a street.

H.

Minimum heated floor area per unit: 1,000 s.f. detached

I.

Minimum perimeter setback for the entire NUP development: When adjacent to single family zoning/use or AG-1 zoned property, a 40-foot setback shall be provided around the periphery of the development including access drives serving more than one lot, principal and accessory structures and swimming pools. Other yard improvements and access/utility crossings are permitted.

J.

Minimum interior setbacks:

1.

Minimum front yard: As specified in conditions.

2.

Minimum side yard: As specified in conditions.

3.

Minimum rear yard: As specified in conditions.

K.

Minimum interior building separations: To place a building along an interior side lot line at between zero and seven feet shall require an encroachment and maintenance easement allowing a minimum of seven feet of access to such buildings. A minimum building separation of 14 feet shall be maintained.

L.

Minimum accessory structure requirements: Accessory structures may be located in rear or side yards, but shall not be located within a minimum rear yard except that detached garages may locate along a rear lot line at between zero and seven feet with an encroachment and maintenance easement allowing a minimum of seven feet of access to the garage.

11.2.5 Other regulations. The headings below contain some additional, but not all, provisions applicable to the NUP 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 district shall apply to townhouse development. Section 4.23

River protection. Metropolitan River Protection Act

Signs. Article XXXIII