Article 06 Zoning District Regulations

6.1. Purpose

The purpose of this article is to describe the applicable regulations and requirements for property development within each zoning district, allowed by-right or permitted by conditional use, as specified in Section 05.03 Table of Primary Uses by Zoning District and Section 05.05 Table of Secondary Uses & Structures by Zoning District.

6.2. “A-1” Agricultural District

It is the intent of this district to protect existing agricultural and low density residential land uses while preserving opportunities for future growth by controlling land uses and development density.

A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.

B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.

C. Lot Size Requirements

1. Minimum Lot Area: Three (3) acres

2. Minimum Lot Width: Three-hundred (300) feet

3. Maximum Lot Depth: Three-hundred (300) feet

D. Bulk Regulations

1. Maximum Structure Height: Thirty-five (35) feet for residential structures or fifty (50) feet for non-residential structures, except as these regulations allow for taller structures by: (A) exemption; (B) conditional use adjustment; (C) specific use standard (Article 10).

2. Minimum Yard Requirements:

a. Front Yards: Fifty (50) feet

b. Side Yards: Twenty-five (25) feet

c. Rear Yards: Seventy-five (75) feet

E. Maximum Lot Coverage: Thirty percent (30%)

F. Use Limitations: No outdoor storage shall be allowed, except for agricultural primary uses as provided in these regulations.

6.3. “R-1” Single-Family Residential District

It is the intent of this district to provide for suburban density single-family residential development and protect the character of residential neighborhoods.

A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.

B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.

C. Lot Size Requirements

1. Lot Area

a. Minimum Lot Area

i. Single-Family Residential Primary Uses: 8,000 square feet

ii. Non-Residential Primary Uses: 10,000 square feet

2. Minimum Lot Width

a. Residential Primary Uses: Sixty-five (65) feet, except as follows:

i. Single-Family Detached Residences on a cul-de-sac: Sixty (60) feet

ii. Duplexes: Eighty (80) feet

b. Non-Residential Primary Uses: Ninety (90) feet

3. Minimum Lot Depth: One-hundred (100) feet

D. Bulk Regulations

1. Maximum Structure Height: Thirty-five (35) feet, except as these regulations allow for taller structures by: (A) exemption; (B) conditional use adjustment; (C) specific use standard (Article 10).

2. Minimum Yard Requirements:

a. Front Yards: Thirty (30) feet, except that on corner lots one (1) front yard may be reduced to fifteen (15) feet, provided that the minimum driveway length is twenty (20) feet from a lot line.

b. Side Yards

i. Residential Primary Uses: Six (6) feet

ii. Non-Residential Primary Uses: Ten (10) feet

c. Rear Yards: Twenty-five (25) feet, except twenty (20) feet abutting a platted common area

E. Maximum Lot Coverage: Thirty-five percent (35%)

F. Use Limitations: No outdoor storage shall be allowed.

G. Supplemental Provision: All lots with primary uses other than single-family residential shall include applicable waste collection facilities defined as garbage dumpsters or liquid waste container per Section 05.04, subject to applicable specific use standards of Article 10.

6.4. “R-2” Single-Family/Zero Lot Line (ZLL) Residential District

It is the intent of this district to provide flexible opportunities for small lot and ZLL single-family attached and detached development with the character of traditional residential neighborhoods.

A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.

B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.

C. Lot Size Requirements

1. Lot Area

a. Minimum Lot Area: 5,000 square feet, except 3,500 square feet for ZLL developments

b. Maximum Lot Area: 10,000 square feet, except 5,000 square feet for ZLL developments

2. Minimum Lot Width: Fifty (50) feet, except thirty-five (35) feet for ZLL developments

3. Minimum Lot Depth: Ninety (90) feet

D. Bulk Regulations

1. Maximum Structure Height: Thirty-five (35) feet, except as these regulations allow for taller structures by: (A) exemption; (B) conditional use adjustment; (C) specific use standard (Article 10).

2. Minimum Yard Requirements

a. Front Yards

i. Interior Lots: Fifteen (15) feet, except the driveway area must extend at least twenty (20) feet from the front lot line.

ii. Corner Lots: Twenty-five (25) feet, except fifteen (15) feet where adjacent to a ZLL lot.

b. Side Yards: A minimum of six (6) feet shall be required between structures.

c. Rear Yards: Ten (10) feet

E. Maximum Lot Coverage: Sixty percent (60%)

F. Use Limitations: No outdoor storage shall be allowed.

G. Supplemental Provisions

The following provisions shall apply to ZLL developments as defined in Section 03.03.

1. ZLL lots must be platted in groups containing at least four (4) contiguous lots. Each group must be in a location meeting one or more of the following conditions:

a. Around a cul-de-sac.

b. On a local street with R-2 zoning on the opposite street frontage.

c. On a street with multi-family or non-residential zoning on the opposite street frontage.

2. Restrictive covenants shall be required, which shall guarantee:

a. Maintenance provision of fencing/screening materials and common ownership areas.

b. Access provisions for maintenance of closely-spaced structures.

c. Other restrictions necessary to implement the overall design concept.

3. No doors, windows or other openings shall be allowed on the wall of the building facing the yard with the least depth. Such walls shall have the same exterior construction materials as the other exterior walls.

4. All lots with primary uses other than single-family residential shall include applicable waste collection facilities defined as garbage dumpsters or liquid waste container per Section 05.04, subject to applicable specific use standards of Article 10.

6.5. “R-3” Multi-Family Residential District

It is the intent of this district to provide for various types of single- and multi-family housing and promote opportunities for affordable moderate density residential development.

A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.

B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.

C. Lot Size Requirements

1. Minimum Lot Area

a. Single-Family Residential Primary Uses: 6,500 square feet

b. Multi-Family Residential Primary Uses: 3,000 square feet per dwelling unit or 10,000 square feet total lot area, whichever is greater.

c. Non-Residential Primary Uses: 10,000 square feet

2. Minimum Lot Width

a. Single-Family Detached Primary Uses: Sixty (60) feet

b. Single-Family Attached Primary Uses: Seventy (70) feet

c. Multi-Family Primary Uses: Ninety (90) feet

d. Non-Residential Primary Uses: Eighty (80) feet

3. Minimum Lot Depth: Eighty (80) feet

D. Bulk Regulations

1. Maximum Structure Height: Thirty-five (35) feet, except as these regulations allow for taller structures by: (A) exemption; (B) conditional use adjustment; (C) specific use standard (Article 10).

2. Minimum Yard Requirements

a. Front Yards: Twenty (20) feet on all street frontages

b. Side Yards

i. Single-Family Residential Primary Uses: Six (6) feet

ii. Multi-Family Residential Primary Uses: Eight (8) feet

iii. Non-Residential Primary Uses: Ten (10) feet

c. Rear Yards: Fifteen (15) feet

E. Maximum Lot Coverage: Sixty percent (60%)

F. Use Limitations: No outdoor storage shall be allowed.

6.6. “B-1” Local Business District

It is the intent of this district to provide for low to moderate intensity commercial uses and businesses generally having a localized market area.

A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.

B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.

C. Lot Size Requirements

1. Minimum Lot Area: 5,000 square feet

2. Minimum Lot Width: Fifty (50) feet

3. Minimum Lot Depth: Ninety (90) feet

D. Bulk Regulations

1. Maximum Structure Height: Thirty-five (35) feet, except as these regulations allow for taller structures by: (A) exemption; (B) conditional use adjustment; (C) specific use standard (Article 10).

2. Minimum Yard Requirements

a. Front Yards: Thirty-five (35) feet along all street frontages

b. Side Yards: Zero, except five (5) feet where one is provided

c. Rear Yards: Twenty (20) feet

E. Maximum Lot Coverage: One-hundred percent (100%), minus required yard and offstreet parking requirements.

F. Use Limitations: All business activities, displays, and storage shall occur within fully enclosed structures or screened areas, except as otherwise allowed or approved in accordance with these regulations.

6.7. “C-1” General Commercial District

It is the intent of this district to provide opportunities along arterial street corridors for moderate to heavy intensity commercial land uses and businesses with a regional market area.

A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.

B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.

C. Lot Size Requirements

1. Minimum Lot Area: 10,000 square feet

2. Minimum Lot Width: Ninety (90) feet

3. Minimum Lot Depth: One-hundred and twenty-five (125) feet

D. Bulk Regulations

1. Maximum Structure Height: Forty (40) feet, except as these regulations allow for taller structures by: (A) exemption; (B) conditional use adjustment; (C) specific use standard (Article 10).

2. Minimum Yard Requirements

a. Front Yards: Thirty-five (35) feet along all street frontages

b. Side Yards: Ten (10) feet

c. Rear Yards: Twenty (20) feet

E. Maximum Lot Coverage: Fifty percent (50%)

6.8. “I-1” Industrial District

It is the intent of this district to provide opportunities primarily for small to moderate scale manufacturing, assembly, warehousing and freight businesses that are compatible with Rose Hill’s character and its capacity to provide adequate municipal services.

A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.

B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.

C. Lot Size Requirements

1. Minimum Lot Area: 5,000 square feet

2. Minimum Lot Width: Fifty (50) feet

3. Minimum Lot Depth: One-hundred (100) feet

D. Bulk Regulations

1. Maximum Structure Height: Forty-five (45) feet, except as these regulations allow for taller structures by: (A) exemption; (B) conditional use adjustment; (C) specific use standard (Article 10).

2. Minimum Yard Requirements

a. Front Yards: Forty (40) feet along all street frontages

b. Side Yards: Ten (10) feet

c. Rear Yards: Twenty (20) feet

E. Maximum Lot Coverage: Fifty percent (50%)

F. Use Limitations:

1. No individual shall permanently reside on-premise.

2. Outdoor activities, storage or sales occurring on-premise must be associated with a legal primary or secondary use.

3. No dust, noise, odor, vibration or other environmental impacts generated by any use shall be detectable off- premise.

6.9. “PDO” Planned Development Overlay District

It is the intent of this “floating” district to provide a flexible means of regulating mixed use developments, developing properties with atypical characteristics, maximizing compatibility between adjacent land uses or preserving the integrity of special areas using tailored land use, site design and aesthetic controls.

A. Allowable PDO Utilization

PDO zoning may be used by any property owner seeking to implement a particular development vision that a base zoning district lacks the flexibility to accommodate. This may include:

1. Encouraging a specific combination of mixed land uses.

2. Implementing a specific design aesthetic.

3. Improving compatibility with adjacent properties.

4. Developing properties with atypical physical characteristics.

5. Preserving and ensuring land use and design compatibility within corridors or districts containing historically significant or environmentally sensitive properties.

B. Required PDO Utilization

PDO District shall be required in the following circumstances:

1. Developments exceeding ten (10) acres in area on properties zoned B-1, C-1 or I-1; and that will be subdivided into multiple lots for individual ownership.

2. Development of business, governmental, institutional, and educational campuses exceeding ten (10) acres in area on one or more contiguous lots.

3. Development of business, office, or industrial parks exceeding ten (10) acres in area on one or more contiguous lots.

C. PDO District Provisions

1. Regulation of Land Uses

a. As an overlay district, PDO zoning must be used in conjunction with an underlying zoning district, referred to as the base district.

i. PDO zoning may be used in conjunction with any base district.

ii. Requirements of the approved PDO zoning shall be in addition to the base district requirements, except as modified by the PDO zoning.

b. PDO zoning may allow for land uses that differ from those allowed by the base district, provided:

i. Any use allowed by-right or by conditional use within the base district may be prohibited within the PDO district.

ii. No land use prohibited within the base district shall be allowed within the PDO district.

iii. PDO zoning shall not include conditional use provisions and shall only provide for land uses allowed by-right within the PDO district.

2. Lot Size Requirements

Base zoning district lot size requirements shall apply, except when PDO zoning specifies a maximum or minimum requirement other than required by the base district, subject to the following provisions:

a. In no case shall the minimum lot size be reduced below 2,500 square feet; or the maximum lot size be increased more than fifty percent (50%) of applicable base district requirements.

b. In no case shall the minimum lot width be reduced below twenty-five (25) feet.

c. Changes to the base district lot depth requirements shall only be allowed in conjunction with a change to minimum lot width and shall be required in such cases.

d. When lot width and depth requirements are modified by PDO zoning, the base district width to depth ratio shall be maintained.

3. Maximum Height Regulations

Base zoning district requirement shall apply, except when PDO zoning specifies a maximum height greater than required by the base district. In such cases, increases shall be limited to an additional fifteen (15) feet of structure height.

4. Setback & Lot Coverage Requirements

Base zoning district setback, yard , and lot coverage requirements shall apply, except as modified by PDO zoning, subject to the following provisions.

a. Minimum setback requirements shall not be increased above the base district requirements, except in conjunction with B-1, C-1, or I-1 base zoning for PDO districts associated with:

i. Business, governmental, institutional, and educational campuses.

ii. Business, office, or industrial parks.

b. Front yard setbacks may be reduced to zero, except that no reduction shall be allowed in conjunction with A-1base zoning. If front yard setbacks are reduced, such reduction shall be required within the entire PDO district.

c. Except as otherwise provided above, PDO zoning shall not adjust base district side yard or rear yard setback requirements.

d. Lot coverage requirements shall not be increased above the base district maximum requirement, but the maximum coverage requirement may be decreased.

D. Access & Circulation

1. Applicants may be required to submit a traffic study to identify possible traffic impacts, subject to review and acceptance by the City Engineer.

2. Proposed streets shall be designed and laid out consistent with the principles of functional classification hierarchy; and shall meet applicable City design standards.

3. Proposed streets, sidewalks, and pathways shall connect to the City’s transportation network.

4. Offsite transportation improvements may be required as a condition of approval, but only in direct relationship to anticipated impacts of the proposed development.

E. Parking

Parking shall be provided in accordance with the provisions of Article 07.

F. Specific Use Standards

PDO zoning shall not exempt any land use from applicable specific use standards of Article 10. In no case shall PDO zoning reduce requirements for any land use below applicable specific use standards.

G. PDO Zoning Approval

Applications for rezoning to PDO zoning district shall be reviewed and approved by the same process as other zoning applications. This shall include:

1. A rezoning application and filing fee are submitted to the Zoning Administrator. No application shall be accepted as complete without an attached zoning site plan and other required documentation.

2. In additional to typical considerations, enhanced standards shall be utilized in the review of PDO zoning applications. In no case, shall PDO zoning be approved without the Planning Commission and City Council finding that:

a. The proposed PDO district is consistent with the community vision and desired character as expressed in the comprehensive plan.

b. The proposed PDO district, in consideration of the allowable land uses, regulations, limitations, and applicable design requirements, will not adversely affect the value or utility of adjacent properties.

3. Time Limits

The following time limits shall apply to PDO approvals, subject to applicable time extensions granted in accordance with these regulations.

a. A PDO district zoning approval shall automatically expire twelve (12) months after the approval date if a development site plan has not been approved within that time.

b. A PDO development site plan approval shall automatically expire twelve (12) months after the approval date if a building permit has not been issued within that time.