§ 27-17. R-PS Residential-Performance Standard District.

Latest version.

(a)

Purpose of district. The R-PS Residential-Performance Standard District is intended to permit both low- and medium-density residential development of all dwelling types pursuant to performance standards which shall control the permissible type and density of residential development. Except for single-family residential development at low densities, all such development shall be by performance standards, which allow for modification of certain individual lot requirements, thereby encouraging more flexible and innovative design and development, and which provides for submission of a detailed development plan subject to city review and approval. Utilization of the performance standard district shall be consistent with the goals and objectives of the city, with the city's comprehensive plan and adopted policies and ordinances and shall be applied only where such district furthers and promotes the public health, safety and welfare.

(b)

Permitted uses. The following are the only permitted uses within the R-PS district and are subject to the general conditions specified in section 27-4(e):

(1)

Single-family detached dwelling units (conventional development);

(2)

Public parks and playgrounds.

(c)

Performance standard uses. The following uses are permitted in the R-PS district only in accordance with the performance standards and the procedures incorporated in this section:

(1)

Single-family detached units (performance standard);

(2)

Single-family attached;

(3)

Duplex;

(4)

Triplex;

(5)

Quadruplex;

(6)

Townhouse;

(7)

Condominium;

(8)

Multifamily.

(d)

Conditional uses. The following uses are permitted in the R-PS district subject to the conditions specified for such conditional uses in section 27-4(d):

(1)

Off-street parking;

(2)

Indoor and outdoor recreational uses;

(3)

Signs, subject to the provisions of section 27-22;

(4)

Accessory uses and structures;

(5)

Home occupations;

(6)

Fences, subject to provisions of section 27-21;

(7)

Public utilities;

(8)

Public buildings;

(9)

Public parks and playgrounds;

(10)

Churches, synagogues and other places of public worship.

(e)

Performance standards. Performance standard uses shall be permitted in the R-PS district subject to compliance with the standards contained in this section:

(1)

Minimum gross site area: None.

(2)

Reserved.

(3)

Minimum yard: None, except exterior yard setbacks shall be twenty-five (25) feet, unless additional setback is required under the thoroughfare plan.

(4)

Maximum height:

All uses other than multifamily; thirty-five (35) feet.

Multifamily uses, one hundred twenty-five (125) feet, but subject to setback/height ratios of 1.1 for height above three (3) stories measured from the property line; and regulations of section 27-21(a)(2). Required setback may be used to satisfy buffer requirements of subsection 27-17(e)(17).

(5)

Minimum dwelling unit size:

Single-family detached one thousand two hundred fifty (1,250) square feet; single-family attached duplex, one thousand (1,000) square feet;

Triplex, quadruplex, townhouse: One-bedroom or smaller, nine hundred (900) square feet; two-bedroom or larger, one thousand (1,000) square feet;

Multifamily, condominium: Efficiency, six hundred (600) square feet; one-bedroom, seven hundred fifty (750) square feet; two-bedroom, nine hundred (900) square feet; three-bedroom, one thousand (1,000) square feet.

(6)

Parking requirements: Single-family detached development parking shall be governed by the provisions of section 27-4(e)(6); parking for single-family attached and duplexes shall be as required by section 27-5(e)(6); all other parking to be subject to the requirements of Table 20-3 and other provisions of section 27-20. Triplex, quadruplex and multifamily dwelling parking shall be lighted with a minimum of one (1) footcandle of light during the night.

(7)

Sign regulations: Multifamily R-PS development shall be permitted the same signing as if it were an R-3 zone. Other types of development shall be subject to the same sign restrictions as for R-1, R-1A and R-2 zoning.

(8)

Accessory uses and structures: Accessory buildings, including garages, tool sheds and greenhouses, shall be permitted behind the front building line; provided, however, that in required yards no building other than a movable structure without a slab foundation of less than two hundred (200) square feet shall be allowed. Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of section 27-21(b).

(9)

Home occupations: Customer home occupations ordinarily carried on in a home that are not detrimental or injurious to adjoining property shall include, but not be limited to, the office of a physician, optometrist, dentist, surgeon, architect, lawyer, engineer, musician or artist; a place where four (4) or fewer children under sixteen (16) years of age are received for care, custody or maintenance; dressmaking, millinery, washing or ironing; provided that all such uses are located in the dwelling and that no assistant nor a member of the family residing on the premises is employed, and no sign advertising such home occupation is displayed. This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conduct of retail business. Customary home occupations shall not include barbershops, beauty shops, hair-dressers, carpenter shops, electrical shops, plumbing shops, radio or TV shops, real estate sales offices, tin shops, auto repairing, furniture repairing or other similar uses.

(10)

Fencing and screening: As regulated by Table 17-1 and section 27-21(e), except that for triplex, quadruplex and multifamily R-PS uses fences shall be constructed entirely of masonry. All refuse and refuse containers shall be screened from public view.

(11)

Landscaping: In addition to the requirements of section 27-21(i), two (2) trees per residential unit shall be required; such trees shall be located in required open space. Existing trees in required open space may be counted as contributing towards required landscaping, and if they are larger than as required by the definition of a tree contained in this section every two (2) inches of diameter of such existing tree shall be counted as one (1) tree; thus, a six-inch diameter tree shall count as three (3) required trees.

(12)

Off-street parking, landscaping: Where the number of parking spaces exceeds five (5), there shall be two (2) trees per six (6) automobile parking spaces; existing trees may be counted as contributing towards required landscaping.

(13)

Open space: Ratio (the proportion of a site, excluding land occupied by roads, rights-of-way, surface easements and resource protection acreage which must remain undeveloped and used as open space).

(14)

Impervious surface ratio: The proportion of a site which may be occupied by impervious surfaces, i.e., surfaces which do not absorb rain, such as buildings, roads, sidewalks, patios, parking areas and any area paved in concrete or asphalt.

(15)

Density (number of dwelling units per acre):

Type of Residential Use	Density Factor	Density Factor with Bonus (Maximum)
Single-family detached	8	8
Single-family attached	9	14
Duplex	13	17
Triplex	13	17
Quadruplex	13	17
Townhouse	14	18
Multifamily	20	26

(16)

Density bonus: In order to encourage the production of housing high-quality site and architectural design which enhances the aesthetic appearance of the neighborhood and community and which uses design and/or material compatible with environmental and natural features, density factors may be increased at the discretion of the city council not to exceed the maximum specified in subsection (e)(15). The criteria which will be used in deciding the size of the density bonus will be largely determined by the presence of the amenities set forth below. The stated increases in density are, however, the maximum which may be awarded by the council for the listed factors and the council is not obliged to award any or all of such bonus. In no event will the density with the bonus be increased above the maximum stated in subsection (e)(15).

Amenity

Bonus in Density
Units Per Acre

Dwelling units at least ten (10) percent larger than required by ordinance ..... 1.00

Buildings spaced at least fifty (50) percent further apart than required by ordinance ..... 1.00

Parking screened from street ..... 0.25

Covered parking spaces ..... 0.50

Reduction of impervious surface ratio to .50 ..... 0.50

Private open space for each unit included ..... 0.50

Automatic fire sprinkler system ..... 1.00

Enclosed parking spaces ..... 0.50

Enclosed stairways ..... 0.50

Concrete or tile roof material ..... 0.25

Increase of tree planting by twenty-five (25) percent over minimum ..... 0.25

Underground automatic irrigation system ..... 0.25

Trash compactors in each unit ..... 0.125

Aesthetically pleasing combination of landscaping, exterior surface treatment, height and mass of building, building orientation and relationship to other uses; innovative style, arrangement ..... 2.00

(17)

Buffer area (land area and planting or structures thereon required at the perimeter of a site to minimize or eliminate conflicts between adjacent land uses): Not less than ten (10) feet nor more than seventy-five (75) feet plus necessary planting or structures (see Form D), unless otherwise required by subsection (e)(4)b.

(18)

Exterior wall surfaces:

The exterior surface of walls of all dwellings in this district, other than single-family detached houses, shall be at least ninety (90) percent masonry, excluding window and door openings.

Notwithstanding the definitions of masonry contained in the building code, stucco (as that term is defined in this chapter) may be utilized to fulfill up to one-third of the masonry requirement. The use of stucco within three (3) feet of the top of the slab is prohibited. If a type of construction other than concrete slab is utilized, stucco is prohibited below four (4) feet above grade.

Single-family detached houses constructed within this district are subject to the masonry requirements of subsection (e)(10) of the R-1 Dwelling District.

(f)

Procedure for review and approval of performance standard uses.

(1)

Generally. Applications for performance standard uses shall be made pursuant to procedures established in this section:

Major performance standard use. A final development plan approved by the city council shall be a prerequisite to issuance of building permits and certificates of occupancy for a major performance standard use.

Minor performance standard use. A final development plan approved by the enforcing officer shall be a prerequisite to issuance of building permits and certificates of occupancy for a minor performance standard use.

(2)

Classification:

Minor performance standard use: Any development of five (5) acres or less, and a gross density of not more than eight (8) dwelling units per acre;

Major performance standard use: Any development of greater than five (5) acres or proposed at a gross density of more than eight (8) units per acre or a performance standard use utilizing the density bonus provided herein.

(3)

Application for tentative development plan approval:

Filing of application. An application for tentative development plan approval shall be filed by, or on behalf of, the property owner with the zoning enforcing officer in such form and with such information as hereinafter required and upon payment of a filing fee as set forth in this section.

Certification of application. The application for tentative and final development plan approval shall consist of maps, drawings and plans, as set forth in section 27-17(f)(4). Such plans, as related to the site, shall be prepared and/or certified by a registered professional engineer or registered professional landscape architect. Such plans, as they relate to building construction, shall be prepared and/or certified by a registered professional architect. Such plans, as they relate to public improvements and services, shall be prepared and/or certified by a registered professional engineer.

Relationship to subdivision regulations. If the property proposed for performance use is in single ownership and is not proposed to be subdivided, the applicant, in addition to all other requirements herein, shall nevertheless meet and satisfy the applicable substantive requirements of the subdivision rules and regulations of the city. If the property proposed for performance standard use is also proposed to be subdivided, the applicant may submit the plans required by this section and by the subdivision regulations simultaneously for the purpose of joint review by the city.

(4)

Content of application for tentative development plan approval:

The tentative development plan shall include:

Existing conditions map;

Storm drainage, plan, utilities and fire protection plan;

Grading plan;

Landscape plan; and

Construction layout plan.

The following is required information:

A scaled drawing, in which not less than one (1) inch is one hundred (100) feet, showing the metes and bounds boundaries of the property, the location and widths of paving for streets and highways adjacent to and on the property, and any easements thereon or adjacent thereto;

Location and description of existing and proposed utility services on and adjacent to the development, including water and sewer mains, drainage, power and telephone lines;

Existing improvements and plant materials proposed to be retained when the property is developed;

The land area of the site, the zoning classification and use of abutting properties, all public and private rights-of-way and easements bounding and intersecting the site;

The proposed finished grade of the site, shown to contour intervals of not to exceed two (2) feet;

Site capacity calculation for the site (yielding the number of permissible dwelling units);

Required buffer areas, general landscaping and off-street parking landscaping, dimensioned and tabulated on the site plan;

A scaled drawing, in which not less than one (1) inch is one hundred (100) feet, showing resource protection land (by type) and recreational land;

The location of each existing and each proposed structure or use on the site, the number of stories and height thereof, gross floor area and the location of entrances and exits to buildings;

10.

The location of all on-site facilities for liquid and solid waste disposal;

11.

The location and width of all curb cuts and driving lanes, shown on a dimensioned drawing;

12.

The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities and landscaping for same, all shown on a dimensioned drawing;

13.

All pedestrian walks, malls and open areas for use by tenants or the public;

14.

The location and height of all walls, fences and screen planting and landscaping and buffer areas;

15.

The location, size, height and orientation of all signs other than signs flat on building facades;

16.

The types of surfacing, such as paving, turfing or gravel, to be used at the various locations;

17.

The location and coverage of fire hydrants;

18.

A drainage plan prepared by a registered professional engineer showing how drainage from the site will be handled; any drainage improvements required; on-site detention or retention if needed; demonstrating that the development will not be adversely affected by flooding action; and finish floor elevation;

19.

Typical front building elevation sketch;

20.

Tabulation of impervious surface ratio.

(5)

Processing of application for tentative development plan approval:

Minor performance standard use. The application for tentative development plan approval shall be submitted to the zoning enforcing officer, who shall review the application for conformance with the performance standards contained herein. If the application conforms completely with the applicable performance standards, the application shall be approved by the zoning enforcing officer and shall be deemed to be a final approval. If the application fails to conform with the applicable performance standards, the zoning enforcing officer shall specify the nonconformities and the applicant shall submit a final development plan which addresses and resolves such nonconformities. Approval of the final development plan shall occur upon a determination by the zoning enforcing officer that such final development plan conforms with the applicable performance standards.

Major performance standard use. The application for tentative development plan approval shall be submitted to the zoning enforcing officer, who shall review the same and prepare a staff report for consideration by the planning and zoning commission. A public hearing shall be scheduled before the planning and zoning commission on such application in accordance with the review and hearing procedure for a zoning change as set forth in section 27-26 of this chapter.

The planning and zoning commission, after the public hearing is closed, shall vote on its recommendation on the application, which recommendation shall be forwarded to the city council. The city council, upon receipt of the planning and zoning commission report and recommendation, shall notice and hold a public hearing on the application for tentative development plan approval in accordance with the notice and hearing requirements as set forth in section 27-26 for a zoning change. The city council shall consider the report and recommendation of the planning and zoning commission, the staff report, and comments and material received at the public hearing, and shall either:

Approve the tentative development plan as submitted;

Approve the tentative development plan subject to specified conditions which may include requirement for a maintenance guarantee and/or a performance guarantee, as may be deemed necessary by the city to assure compliance with such conditions; or

Deny the tentative development plan as submitted.

The city council shall, in support of its decision, make findings of fact as to the following:

Whether the performance standard use conforms with the goals, codes, objectives and land use criteria of the city;

Whether the performance standard use conforms in all respects with the performance standards of section 27-17(e);

Whether the performance standard use is compatible with adjacent uses and/or with uses permissible on adjacent sites under existing zoning;

Whether the performance standard use is adequately served by all necessary public facilities, utilities and city services;

Whether the proposed design and character of the performance standard use is compatible with adjacent development;

Whether the subject site is suitable and appropriate for the performance standard use as proposed;

Whether the development of the site as proposed will produce any adverse environmental or physical impacts which cannot be mitigated by site design or other means; and

Whether traffic generated by the proposed use and/or ingress to and egress from the site will be adequately accommodated.

Approval of a tentative development plan without conditions shall be deemed a final approval. Approval of a tentative development plan with conditions shall constitute permission for the applicant to submit within thirty (30) days a final development plan which conforms to the conditions established by the city council at such time as the amended plan is submitted, and submitted to and included in the ordinance amending the zoning map and passed by the city council, and submittal shall be deemed to be a final approval. Denial of a tentative development plan shall be deemed to be a final action on such plan.

(6)

Amendments to approved development plan: All development plans approved hereunder may be amended pursuant to the procedures established herein for their original approval.

(7)

Fees: Every application for tentative development plan approval shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of review and processing of such application. Such application fee shall be established and amended by resolution of the city council.

(g)

Performance standards forms. The following forms are hereby established for use in R-PS zoning. The ratios, definitions, methods of calculation, buffer requirements and tables are mandatory, but use by applicants of these forms is not mandatory, and city staff may combine or alter these forms so long as the information contained in this section is included and the calculations performed and checked by staff.

FORM A

Calculating Base Site Area

1.	Gross site area (as determined by survey)	_____ acres
2.	Subtract land constituting public roads and land within ultimate rights-of-way of existing public roads, rights-of-way of utilities and surface easements for utilities (reserved land)	_____ acres
3.	Subtract total resource protection acreage (see Form B)	_____ acres
4.	Subtract land required for buffers (see Form D, infra)	_____ acres
5.	Equals base site area	_____ acres

FORM B

Calculating Resource Protection Acreage

	Natural Resource or Feature	Resource Protection Ratio		Acres of Land in Resource		Resource Protection Acreage
1.	Lakes and ponds	1.00	×	_____	=	_____
2.	Floodway	1.00	×	_____	=	_____
3.	Subtotal (Totally unusable lands)					_____ acres
4.	Flood fringe	0.50	×	_____	=	_____
5.	Stream protection areas	0.50	×	_____	=	_____
6.	Woodlands	0.50	×	_____	=	_____
7.	Steep slopes	0.50	×	_____	=	_____
8.	Total land in resource			_____
9.	Subtotal (Partially unusable lands)					_____ acres
10.	Total resource protection acreage =					_____ acres

FORM C

Calculating Required Open Space and Site Capacity

1.	Base site area (Form A.5)		_____ acres
2.	Multiply by open space ratio (0.35) and subtract required buffer (Form A.4) equals minimum required open space	=	_____ acres
3.	Base site area minus minimum required open space equals buildable net site area		_____ acres
4.	Multiply net buildable site area by density factor ( ) equals maximum number of dwelling units permitted	=	_____ dwelling units
4a.	Tabulate all impervious surfaces on net buildable site area (i.e. buildings, walks, parking, etc.),		_____ acres
	Divide total impervious surface figure by base site area (Form A.5)		_____ % Impervious Surface Ratio
Option
5.	With bonus, multiply net buildable site area by density factor ( ) equals maximum number of dwelling units permitted	=	_____ dwelling units
5a.	Tabulate all impervious surfaces on net buildable site area (i.e. buildings, walks, parking, etc.),		_____ acres
	Divide total impervious surface figure by base site area (Form A.5)		_____ %

Note: Impervious surface ratio must not exceed sixty (60) percent of total base site area

FORM D

Calculating Required Buffer Area

Identify nature and density of proposed use (Class A or B).

Identify type of land use on adjacent sites (Class 1—6).

Determine required buffer for each site perimeter by applying standards from the table of required buffer standards.

Definition of proposed use classes

Class A —Performance standard use (R-PS)—Single-family

Class B —Performance standard use (R-PS)—Other than single-family

Definition of adjacent use classes

Class 1 —Conventional single-family (R-1 or R-PS)

Class 2 —Conventional residential development other than single-family (R-1A, R-2, R-3) or planned development other than single-family.

Class 3 —Office, institutional use (O-1, O-2, U)

Class 4 —Commercial use (NB, LB)

Class 5 —Intensive commercial use (GB, OC)

Class 6 —Industrial use (I)

Definitions of other terms

Structure means a wall, fence or berm not less than six (6) feet in height. All walls shall be of masonry construction; fences shall be solid wood stockade; berms shall be landscaped. Walls and fences shall satisfy the requirements of section 27-21(e).

Tree means and refers to one (1) of the following varieties: Live oak, red oak, cedar elm, pecan, green ash, silver leaf maple or tree-form crepe myrtle, not less than ten (10) feet in height and two (2) inches in diameter at the time of planting.

Buffer requirements. Buffers are required for all developments based upon their relative impact on adjacent land use in order to separate different intensities of land use. The type and amount of required buffer is calculated and designed to ameliorate nuisances between adjacent land uses. Buffers shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Private streets and drives may cross buffer areas, and drives may also be constructed as long as: (1) a ten-foot setback is provided; (2) a maximum of twenty (20) percent of the buffer is so used; (3) a maximum of one hundred (100) linear feet of paved drive is located in any one (1) location; buffers may not otherwise be located on any portion of an existing or dedicated public or private street parking area or drive.

Use and ownership of buffer. A required buffer may be used for passive recreation as long as no plant material is removed and the total width of the buffer is maintained.

Reduction of Class B buffers. The city council may reduce by up to one-half the buffers required by Table 17-1 for Class B uses adjacent to more intensely zoned property which has been developed.

TABLE 17-1

Table of Required Buffer Standards

Proposed Use Class	Required Buffer, by Adjacent Use Class
Class 1 (R-1 or R-PS)	Class 2 (R-1A, R-2, R-3)	Class 3 (O-1, O-2, U)	Class 4 (NB, LB)	Class 5 (GB, OC)	Class 6 (I)
(1) Class A—R-PS, single-family detached:
Width (in feet)
15	20	25	40	50	75
Structure
No	Yes	Yes	Yes	Yes	Yes
Landscaping
None	5 trees and 10 shrubs per 100 linear feet of buffer	10 trees and 10 shrubs per 100 linear feet of buffer	10 trees and 10 shrubs per 100 linear feet of buffer	10 trees and 10 shrubs per 100 linear feet of buffer	10 trees and 10 shrubs per 100 linear feet of buffer
(2) Class B—R-PS, other than single-family detached:
Width (in feet)
20	15	25	40	50	75
Structure
Yes	No	Yes	Yes	Yes	Yes
Landscaping
5 trees per 100 linear feet of buffer	None	5 trees per 100 linear feet of buffer	10 trees per 100 linear feet of buffer	10 trees per 100 linear feet of buffer	10 trees per 100 linear feet of buffer

(Code 1965, Ch. 27, §§ 15A.1—15A.7; Ord. No. 1124, § 2, 3-25-86)

                    
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