§14-215. "RC-6" Residential District. [56]


(1) Statement of Purpose. This district is intended to encourage multiple use development on large tracts of land in accordance with a plan of development approved by and filed with the City Planning Commission. Said plan shall be in conformity with stated standards as to type and use, area requirements, off-street parking and loading, and signs.

It is the intent of this district to permit development of ground with the view toward preservation, to the extent possible, of existing topography, trees, natural waterways, and other natural amenities unique to the property. It is also the intent of this district to encourage and permit the preservation of historically significant buildings, structures and property.[19]

It is intended that each development be undertaken with the knowledge that no zoning or building permit may be obtained which is not in accord with the approved development plan. Transfer of title to any parcel within the development plan area is subject to all terms and conditions of the approved development plan.

(2) Procedures for Establishment and Amendment of District.

(a) No "RC-6" Residential District shall be established unless a plan with respect to the layout of the entire tract has been filed with and approved by the City Planning Commission and the City Council.

Said plan shall be submitted with the following information:

(.1) The extent, boundaries, and area of the proposed district to include lot area and width dimensions;

(.2) The proposed maximum total gross floor area;
(.3) The dimensions and heights of the proposed structures or existing structures to be retained as well as the use or uses intended for each structure;[20]

(.4) The occupied area, gross floor area, and height of all buildings within the District;

(.5) The size and location of all off-street parking areas; the size and location of all driveways leading thereto; and the size and location of all other private drives, ways or streets intended to be used by automobile traffic;

(.6) The size and location of all off-street loading facilities;

(.7) The size and location of any signs;

(.8) Any other information which the City Planning Commission may deem necessary, to include sufficient guarantees in the form of restrictive covenants running with the land or letters of intent for any public lands to be dedicated.

(b) Determination of Compliance with the Approved Development Plan. The Planning Commission in reviewing plans submitted by the owner of the property or their authorized agent for issuance of zoning permits shall determine that all of the following applicable conditions have been complied with. If the submission fails to meet any of the applicable conditions, it shall not be found to be in accordance with the approved master plan:[21]

(.l) If buildings, driveways or access roads are moved or altered in any way, the alteration shall result in equal or less environmental impact or shall be done to lessen impact upon any existing historically significant structure, building or natural amenity. Further provided that any such movement or alteration shall not result in any buildings, driveways or access having any less of a set-back from any district boundary than is indicated on the development plan approved by the Planning Commission and City Council;

(.2) That the plan complies with all of the requirements found in paragraphs (3) through (7) below.

(c) At any time after final adoption, the owner of the property or their authorized agent, may apply to the City Planning Commission for changes in the approved development plan; provided, that at the time said change is requested, that an amended plan is submitted to the City Planning Commission and the City Council. The City Planning Commission shall submit in writing to the Council its recommendations regarding the amendments. Within 45 days of its receiving the written recommendation from the Commission, the Council shall reply in writing informing the Commission as to the action the Council has taken in approving, disapproving, amending or deferring the change. If Council does not reply in writing to the Commission within the aforementioned 45-day period, Council’s approval will be presumed. And further provided, that no change shall be approved by the City Planning Commission which is contrary to the criteria set forth in this chapter, or which permits a use not provided in this chapter.[22]

(3) Use Regulations. The specific uses permitted in this district shall be the erection, construction, alteration or use of one or more structures and/or land for:

(a) Churches, chapels, convents, monasteries or other places of worship and their adjunct residential dwellings;

(b) Rest or convalescent homes, including homes for aged or infirm;

(c) Schools, colleges, universities, and other institutions of learning, adjunct dormitories and adjunct play and recreational grounds or facilities;

(d) Detached, semi-detached or attached single-family, two-family or multiple-family dwellings;

(e) Commercial uses may be permitted on parcels in excess of ten acres zoned "RC-6" Residential when City Council and the City Planning Commission deem such uses appropriate in relation to the surrounding land uses. Such uses may be permitted up to the maximum rate of 50 square feet of commercial area for each dwelling unit actually existing at the time of the beginning of such commercial use. Commercial use permitted shall be as follows:

(.1) Business or professional offices or agency, financial institution;

(.2) Sales at retail, separately or in any combination, in completely enclosed stores or shops, on the premises, and dealing directly with consumers: apparel, confections, drugs, flowers, food, giftshop goods and greeting cards, jewelry (including watch repair), reading material, tobacco goods, and variety store goods, beauty shop, barber shop, custom tailoring or dressmaking, laundry and dry cleaning pick-up agency (provided that no laundering or dry cleaning shall be done on the premises), restaurant, bakery, and soda or ice cream fountain, to include outdoor dining areas;

(f) Accessory uses customarily incidental to any of the above permitted uses.

(g) Signs. Signs shall be permitted in accordance with the following provisions:

(.1) For uses specified in § 14-215 (3)(a) through (d): Each building shall be permitted to have a sign, including a free standing sign, identifying the name, use or purpose of said building, which signs shall not exceed 10 square feet in area; provided, that this limitation shall not apply to traffic or directional signs.[61]

(.2) For uses specified in § 14-215 (3)(e): No free standing signs shall be permitted. The total area of signs permitted shall not exceed one square foot for each lineal foot of store front width.[62]

(.3) For all permitted uses:

(.a) Permitted signs may be illuminated by interior lighting or lighting directed toward the signs; provided, that they do not create glare upon adjacent districts; but in no case shall signs be illuminated by flashing, animated or intermittent illumination;

(.b) Signs which revolve shall be prohibited;

(.c) Any revolving device which causes intermittent flashes of light to be projected shall be prohibited;

(.d) Signs may be attached flat against the wall of the building or marquee, or upon the roof of a marquee and may project above the roof or wall coping, but may not extend beyond the building walls.

(4) Area Regulations.[62.1]

(a) District Area. The minimum district land area shall be 2 acres of contiguous property.[23]

(b) Open Area.[66]

(.1) The open area shall consist of at least 75% of the development plan area which is unoccupied by either buildings or structures and shall consist of at least 50% of the development plan area which is unoccupied by either buildings, structures or parking.

(.2) For land containing historically significant structures, buildings or amenities, open area shall consist of at least 50% of the development plan area which is unoccupied by either buildings or structures and shall consist of at least 25% of the development plan area which is unoccupied by either buildings, structures or parking.[24]

(5) Off-Street Parking.[68] Off-street parking shall be provided in accordance with § 14-1400 of this Title; provided, however, that off-street parking areas shall be located within a distance of 1000 feet from the building or buildings which they propose to serve and may be located outside of the area of the development plan.

(6) Off-street Loading. Non-residential uses, other than commercial, within the developed plan area shall have off-street loading spaces provided in accordance with § 14-1405(1) of this Title. Commercial uses shall have off-street loading spaces provided in accordance with § 14-1405(2) of this Title. Other provisions of § 14-1405(5), (6) and (7) are applicable.