Definitions and regulations
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Affordable housing. The purpose of this section is to increase the supply of affordably priced housing by providing incentives for developers to provide affordable units within market-rate residential or mixed-use developments. An increase in maximum development density of up to ten percent may be permitted commensurate to the number of affordable housing units provided such units meet the definition of "affordable housing" over time as referenced in the city housing action plan.
Business/technology development means a business/technology development as defined in section 19-1 in which the following uses are permitted:
(1) Uses permitted by right or special use permit within the business/technology floating zone district under section 19-98; accessory or special uses as may be permitted in the BT floating zone district under section 19-98 and section 19-171.
(2) Other uses when provided as an integral part of the overall development which are consistent with the stated purposes and objectives of this article and which are intended to serve the employees of the business/technology development and which are suitable to the proposed development, consistent with the city comprehensive plan, and compatible with the surrounding areas as determined by the planning board. No use shall be allowed except in conformity with the business/technology development plan approved in accordance with the provisions of this chapter. Other uses may include, but are not limited to, the following:
a. Employee services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use. Such services for employees shall be limited to the ground floor only, shall not exceed a maximum of 1,000 square feet per structure housing a principal use and further in aggregate shall not exceed a total of five percent of the gross floor area of the total development. Employee services may include the following: Dry cleaning services (drop off and pick up only with no processing on-site); convenience kiosk (for items such as newspapers, prepackaged food and beverages and coffee); automatic teller machine; coffee/donut satellite business or kiosk (with no baking on-site).
b. Those uses incidental to the sanitation needs and mechanical operation of the business/technology development, including the following uses which shall be covered, housed or enclosed:
1. Electric substation and facilities not locatable within principal structures; and
2. Sewerage treatment, disposal or pumping facilities.
c. Licensed child day care centers provided for the children of employees of businesses in the business/technology district.
(3) Notwithstanding any other provisions of this chapter, the following lot regulations shall apply to all business/technology developments: Building heights, setback, yard and lot requirements shall be calculated in the manner set forth in sections 19-131 through 19-145; however, in no case will a business/technology use be permitted on a site less than three acres in area. Off-street parking requirements shall be calculated in the manner prescribed by sections 19-276 through 19-284, and further prescribed by section 19-370. All of the zoning requirements shall be calculated in the manner prescribed and regulated by the underlying zoning district.
(4) In approving a business/technology development, the planning board, subject to the requirements of this chapter, may allow reasonable variation or modification of certain zoning and land development and subdivision requirements, subject to the following:
a. An application for a business/technology development shall identify any modification of any standard of the city's zoning and land development and subdivision regulations which would result from approval of such plans as presented, and shall include a written statement explaining the reasons or justification for any such modification as related to the objectives of this chapter.
b. Except where modification of standards may be approved by the planning board, as set forth in the board's adopted land development and subdivision review regulations, a business/technology development shall meet all requirements set forth in the land development and subdivision review regulations.
c. Each modification under this article shall be conditioned upon exceeding the stated objectives of this chapter beyond that required by existing laws or regulations. The purpose of granting modifications to zoning or land development and subdivision requirements is to obtain certain benefits for the prospective employees of the development, the abutting property owners or for the public as a whole.
Cluster development means a residential development in which the following are permitted:
(1) Any use permitted by right in any residential district as well as any accessory and special uses as may be permitted under section 19-56 and section 19-98.
(2) Other related uses when provided as an integral part of the overall development which are consistent with the stated purposes and objectives of this article, and which are intended primarily to serve the residents of the cluster development, and which are suitable to the proposed cluster development, consistent with the city's comprehensive plan, and compatible with the surrounding area as determined by the planning board. No use shall be allowed except in conformity with a cluster development plan approved in accordance with the procedural and regulatory provisions of this article. Other uses may include, but are not limited to, the following:
a. Recreation facilities, clubhouses, and meeting halls;
b. Maintenance, storage and utility buildings;
c. Parking lot areas;
d. Those uses incidental to the sanitation needs and the mechanical operation of the cluster development including the following uses which shall be covered, housed, or enclosed:
1. Electric substation and facilities not locatable within residential structures; and
2. Sewerage treatment, disposal, or pumping facilities.
(3) The intent of this article with respect to cluster development is to permit density transfers within a cluster development. Such a density transfer will permit relaxation of the minimum lot requirements of section 19-145 as compensation for reserving an equivalent amount of land as usable open space within the cluster development. In making its determination with respect to any application for a cluster development, the planning board shall follow the following standards:
a. In no case shall the maximum number of dwelling units permitted in the cluster development exceed the number which would have been permitted on the usable open space as defined above in the underlying zoning district in which the overall tract lies.
b. Notwithstanding any other provisions of this chapter, the following lot regulations shall apply to all cluster developments:
1. Density for multifamily housing shall be calculated in the manner prescribed by sections 19-216 through 19-218.
2. Building heights, setback, yard and lot requirements shall be calculated in the manner set forth in sections 19-131 through 19-145 and off-street parking requirements shall be calculated in the manner prescribed by sections 19-276 through 19-284, for the underlying district. All of the zoning requirements shall be calculated in the manner prescribed and regulated by the underlying zoning district.
c. In approving a cluster development, the planning board subject to the requirements of this chapter, may allow reasonable variation or modification of certain zoning or land development and subdivision requirements subject to the following:
1. An application for a cluster development shall identify any modification of any standard of the city's zoning and land development and subdivision regulations which would result from approval of such plans as presented, and shall include a written statement explaining the reasons or justification for any such modification as related to the objectives of this chapter.
2. Except where modification of standards may be approved by the planning board, as set forth in the board's adopted land development and subdivision review regulations a cluster development shall meet all requirements set forth in the land development and subdivision review regulations.
3. Each modification under this article shall be conditioned upon exceeding the stated objectives of this chapter beyond that required by existing law or regulation. The purpose of granting modifications to zoning or land development and subdivision requirements to obtain certain benefits for the prospective residents of the development, the abutting property owners or for the public as a whole. It is the intent of this article that usable open space be primarily for the benefit of the residents of the cluster development, and be maintained in private ownership with public assurance provided as necessary. Usable open space may be considered for public donation and maintenance only if it meets a demonstrated public need as identified in the city comprehensive plan. The city council reserves the right to reject any reasonable variation or modification of and all donations of open space as certain zoning or land development set forth in this section. Open space may also be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space.
4. Modifications to lot sizes, building dimensions, and building setback requirements may be permitted to accommodate the allowable dwelling unit density of the site as a whole as calculated according to subsection (2) of this definition. Any modification allowed under this article shall be conditioned by transfer of an equal amount of land area as would otherwise be required to common usable open space as defined by this section. The residue areas resulting from the reduction shall be contiguous with one another in order to provide adequate and appropriately sized parcels which shall be devoted to common usable open space as required by this chapter. However, the distance between buildings and properties adjacent to the cluster development, between parking areas and streets, and between parking areas and adjacent properties shall not be less than required in the underlying zoning district, including subsection 19-217(a).
5. Strips of common land within a cluster development which may be necessary for access paths between residences, streets and open space areas, utility areas, drainage areas and/or buffers; or other required service functions shall not be considered or calculated as common usable open space under this section. Access areas to the common open space shall be clearly identified with appropriate materials to distinguish commonly owned open space area from private property. Common usable open space may be in one or more parcels. The size, location, shape and character of the parcel must be suitable for the designated uses.
6. Land which has been environmentally damaged prior to final approval of the development by the planning board and acceptance by the city council, as a result of soil and earth removal operations, harvesting of trees or other natural features, refuse disposal, or other alteration of the natural environment, shall not be accepted as common open space unless and until the land is restored to a condition which the planning board and the city council determines to be reasonable and appropriate to reflect the purpose of this chapter.
(4) Negotiated payment or donation of other acceptable land or facilities may be allowed in lieu of the provisions on-site of amenities required for adjustments to lot density and dimensional standards.
Mixed use residential/commercial development means a mixture of residential and/or commercial uses which are permitted subject to the following:
(1) Any use permitted by right in either an R-5 district or a C-1 district as well as any other accessory or special uses as may be permitted under section 19-98 and section 19-171.
(2) Other uses when provided as an integral part of the overall development which are consistent with the stated purposes and objectives of this article and which are intended primarily to serve the residents of the mixed use residential/commercial development and which are suitable to the proposed development, consistent with the city comprehensive plan, and compatible with the surrounding area as determined by the planning board. No use shall be allowed except in conformity with the mixed use development plan approved in accordance with the procedural and regulatory provisions of this article. Other uses may include, but are not limited to, the following:
a. Recreation facilities, clubhouses, and meeting halls;
b. Maintenance, storage and utility buildings;
c. Parking garage, lots and areas;
d. Marinas, boat storage and repair facilities;
e. Retail convenience stores;
f. Convenience personal services such as hairdressers, laundromats or day care centers;
g. Restaurants, as defined in section 19-1, without live entertainment;
h. Professional offices or studios;
i. Those uses incidental to the sanitation needs and the mechanical operation of the mixed use development including the following uses which shall be covered, housed, or enclosed:
1. Electric substation and facilities not locatable within residential structures; and
2. Sewerage treatment, disposal, or pumping facilities.
(3) Notwithstanding any other provisions of this chapter, the following lot regulations shall apply to all mixed use residential/commercial developments:
a. Density for multifamily housing shall be calculated in the manner prescribed in sections 19-216 through 19-218. Areas used or intended to be used for commercial or similar nonresidential purposes, including parking areas for such uses, shall not be included in the computation of residential density.
b. Building heights, setback, yard and lot requirements shall be calculated in the manner set forth in sections 19-131 through 19-145 and off-street parking requirements shall be calculated in the manner prescribed by sections 19-276 through 19-284 for the underlying zoning district. All of the zoning requirements shall be calculated in the manner prescribed and regulated by the underlying zoning district.
(4) In approving a mixed use residential/commercial development, the planning board, subject to the requirements of this chapter, may allow reasonable variations or modifications of certain zoning and land development and subdivision requirements subject to the following:
a. An application for a mixed use development shall identify any modifications of use or other standard of the city zoning and land development and subdivision review regulations which would result from approval of such plans as presented and shall include a written statement explaining the reasons of justification for any such modification as related to the objectives of this chapter.
b. Except where modification of standards may be approved by the planning board as set forth in the land development and subdivision review regulations, a mixed use residential/commercial development shall meet all requirements set forth in these regulations where applicable.
c. Each modification under this section shall be conditioned upon exceeding the stated objectives of this chapter beyond that required by existing law or regulations. The purpose of granting modifications to zoning or land development and subdivision requirements is to obtain certain benefits for the prospective residents of the development, the abutting property owners or for the public as a whole.
1. For the development as a whole, a density bonus of eight percent of the maximum density permitted by the zoning ordinance may be allowed for the dedication of each acre of usable open space as defined by this chapter beyond that required to be protected, or unaltered by existing law or regulation.
2. It is the intent of this section that usable open space be primarily for the benefit of the residents of the planned mixed use development with public access assurance provided as necessary. Usable open space may be considered for public donation and maintenance only if it meets a demonstrated public need as identified in the city's adopted comprehensive plan. The city council reserves the right to reject any and all donations of open space as set forth in this section.
3. Modification to the overall building height and location of buildings may be permitted to accommodate the allowable density as provided in this section. However, in no instance may a building in a mixed use development exceed five stories, and five stories shall not exceed 65 feet. The taller buildings in a mixed use development shall be located in such a way as to minimize any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings. However, the distance between buildings and properties adjacent to the mixed use development, between parking areas and streets, and between parking areas and adjacent properties shall not be less than required in the underlying zoning district; including subsection 19-217(a).
4. Negotiated payment or donation of other acceptable land or facilities may be allowed in lieu of the provision on-site of amenities required for adjustments to lot density and dimensional standards.
Usable open space means, for the purpose of calculating a density bonus, space effectively separate from automobile traffic and parking, and constituting an integral part of the land development project. The term shall not include:
(1) Areas excluded from the definition of usable lot area in section 19-1.
(2) Required yards set forth in section 19-145, needed to maintain the distance between the land development project and abutting properties; and
(3) Other areas required to be left unaltered.
(Rev. Ords. 1987, § 19-364; Ch. 457, § IX, 10-7-97; Ch. 146, § XV, 10-23-00; Ch. 944, § I(Att.), 9-2-25)
Cross reference— Definitions generally, § 1-2.