Introduced by the Council Member



Introduced by Council President Fussell and substituted on the Floor by Council:

ORDINANCE 2008-969-E

AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE), PART 3, ORDINANCE CODE, AND CHAPTER 656 (ZONING CODE), PART 4, ORDINANCE CODE; AMENDING SECTIONS 656.301, 656.302, 656.303, 656.304, 656.305, 656.306 & 656.307 REGARDING RESIDENTIAL ZONING DISTRICTS; AMENDING SECTION 656.1601 REGARDING DEFINITIONS; AMENDING SECTION 656.403 REGARDING ACCESSORY USES AND STRUCTURES; AMENDING SECTION 656.411 REGARDING PARKING OF CERTAIN VEHICLES IN CERTAIN ZONING DISTRICTS; AMENDING SECTION 656.414 REGARDING TOWNHOUSES AND ROWHOUSES; CREATING A NEW SECTION 656.420 REGARDING RECREATION AND OPEN SPACE STANDARDS FOR RESIDENTIAL SUBDIVISIONS; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Chapter 656 (Zoning Code), Part 3, Ordinance Code Amended. Chapter 656 (Zoning Code), Part 3, Ordinance Code, is hereby amended, in part, to read as follows:

CHAPTER 656 ZONING CODE

PART 3. SCHEDULE OF DISTRICT REGULATIONS

SUBPART A. COMPREHENSIVE PLAN LAND USE CATEGORIES AND ZONING DISTRICT NOMENCLATURE

* * *

Sec. 656.301. Zoning district titles.

District titles and phrases pertinent to these titles are included in this Part, with the titles of abbreviations as indicated:

TABLE INSET:

|RR-Acre    |Residential    |Rural    |

|RLD-A  120  |Residential    |Low Density    |

|RLD-B   100A |Residential    |Low Density    |

|RLD-C   100B |Residential    |Low Density    |

|RLD-D   90 |Residential    |Low Density    |

|RLD-E   80 |Residential    |Low Density    |

|RLD-F   70 |Residential    |Low Density    |

|RLD-G   60 |Residential    |Low Density    |

|RLD-50 |Residential |Low Density |

|RLD-MH  |Residential    |Low Density    |

|TND | | |

|RLD-TNH |Residential    |Low Density    |

|RMD-A    |Residential    |Medium Density    |

|RMD-B    |Residential    |Medium Density    |

|RMD-C    |Residential    |Medium Density    |

|RMD-D    |Residential    |Medium Density    |

|RMD-E    |Residential    |Medium Density    |

|RMD-MH    |Residential    |Medium Density    |

|RHD-A    |Residential    |High Density    |

|RHD-B    |Residential    |High Density    |

|CO    |Commercial    |Office    |

|CRO    |Commercial    |Residential Office    |

|CN    |Commercial    |Neighborhood    |

|CCG-1    |Commercial    |Community/General    |

|CCG-2    |Commercial    |Community/General    |

|CR    |Commercial    |Regional    |

|CCBD    |Commercial    |Central Business District    |

|IBP-1    |Industrial    |Business Park    |

|IBP-2    |Industrial    |Business Park    |

|IL    |Industrial    |Light    |

|IH    |Industrial    |Heavy    |

|IW    |Industrial    |Water Related    |

|AGR    |Agriculture    | |

|PBF-1    |Public Buildings and Facilities    |Governmental Use    |

|PBF-2    |Public Buildings and Facilities    |Public and Private    |

|PBF-3    |Public Buildings and Facilities    |Public and private    |

|CSV    |Conservation    | |

|ROS    |Recreation/Open Space    | |

|PUD    |Planned Unit Development    | |

|PUD-SC    |Planned Unit Development--Satellite Development    | |

Sec. 656.302. General categorization of districts.

(a)   Where the phrases all residential districts, residential district, zoned residentially  or  residentially zoned  are used in this Zoning Code, these phrases shall be construed to include the following districts: RR-Acre, RLD-A 120, RLD-B 100A, RLD-C 100B, RLD-D 90, RLD-E 80, RLD-F 70, RLD-G 60, RLD-50, RLD-MH TND, RLD-TNH, RMD-A, RMD-B, RMD-C, RMD-D, RMD-E, RMD-MH, RHD-A, RHD-B Districts and no others. 

(b)   Where the phrase commercial district  is used in this Zoning Code, the phrase shall be construed to include the CO, CRO, CN, CCG-1, CCG-2, CR and CCBD Districts and no others. 

(c)   Where the phrase Iindustrial Ddistrict  is used in this Zoning Code, the phrase shall be construed to include the IBP-1, IBP-2, IL, IH, and IW Districts and no other. 

(d)   Provisions of this Zoning Code which apply to residential, commercial, industrial or other districts shall apply to those portions of a Planned Unit Development (PUD) which are devoted to uses permitted in these respective districts, unless specifically provided otherwise in the written description of the intended plan of development.

SUBPART B.  RESIDENTIAL USE CATEGORIES AND ZONING DISTRICTS

Sec. 656.303.  Purposes and intent.

The residential categories allow for different types of housing such as single-family dwellings, multiple-family dwellings, day care, group homes, foster care, and other congregate living facilities in appropriate locations. Not included are hotels, motels, campgrounds, travel trailer parks for the transient population, and other similar commercial facilities. Also excluded in the residential category are institutional residential facilities, such as jails, prisons, hospitals, dormitories and residential military facilities.

Areas depicted for residential uses on the Future Land Use Maps of the Comprehensive Plan are shown under four residentially dominated plan categories: Rural Residential, Low Density Residential, Medium Density Residential, and High Density Residential. Various housing types, ranging from single-family dwellings at a density of one unit per acre, to multiple-family dwellings at densities of over 20 dwelling units per acre, are allowed as priority uses in the various districts. Achievement of the density ranges of the various categories will only be permitted when full urban services are available to the development site. The maximum density recommended in the various residential categories shall apply to the land included in each development permit requested, whether in single or multiple ownership.

Certain nonresidential uses are also permitted as secondary or supporting uses, subject to the provisions of Part 3. Neighborhood Supporting Recreation and Public/Semi-public Facilities, such as private and public schools, churches, day care centers, utility stations, branch libraries, community centers, utility substations, as well as neighborhood commercial, cultural and conservation uses, may be permitted in appropriate locations. Golf and country clubs and similar supporting uses may be allowed as part of a residential community that is developed subject to a site plan approval.

New neighborhood commercial uses shall not be allowed as secondary/supporting uses where such uses would constitute an intrusion into an existing single-family area.

In order to encourage more compact development patterns, mixed use, planned unit and cluster developments are also allowed.

Not all potential uses are permitted or permissible by exception anywhere in the residential categories. The exact type of land use and the density or intensity appropriate at any one location will be determined using the criteria and standards in this Chapter and in the Locational Criteria and supporting policies of the Future Land Use Maps Element of the Comprehensive Plan.

Sec. 656.304.  Rural Residential Category.

This category provides rural estate residential opportunities in the suburban area of the City. Housing developments at a net density range of up to two dwelling units per acre will be allowed when community scale potable water and sewer facilities are available to the site, and one unit per net acre when the site will be served with on-site water and wastewater facilities. Generally, single-family dwellings and mobile homes will be the predominant land uses in this category.

The following primary and secondary zoning districts may be considered in the Rural Residential Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.   Primary zoning districts.  The primary zoning districts shall include the following: 

(1)   Residential Rural-Acre (RR-Acre); Section 656.304.

(2)   Residential Low Density-A 120 (RLD-A 120); Section 656.305.

(3)   Residential Low Density-B 100A (RLD-B 100A); Section 656.305.

This district allows primarily single-family dwellings on large lots in the suburban and rural areas of the City. The district requirements for the Residential Rural-Acre (RR-Acre) and the Residential Low Density (RLD-A 120 and RLD-B 100A) Zoning Districts are specified below.

I.   Residential Rural-Acre (RR-Acre) District.   

(a)   Permitted uses and structures.   

(1)   Single-family dwellings.

(2)   Foster care homes.

(3)   Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4.

(4)   Family day care homes meeting the performance standards and development criteria set forth in Part 4.

(5)   Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(6)   Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(7)   Golf courses meeting the performance standards and development criteria set forth in Part 4.

(8)   Neighborhood parks, pocket parks, playgrounds or recreational structures which serve or support a neighborhood or several adjacent neighborhoods, meeting the performance standards and development criteria set forth in Part 4.

(9)   Country clubs meeting the performance standards and development criteria set forth in Part 4.

(10)   Animals, other than household pets, meeting the performance standards and development criteria set forth in Part 4.

(11)   Home occupation meeting the performance standards and development criteria set forth in Part 4.

(b)   Permitted accessory uses and structures.  See Section 656.403. 

(c)   Permissible uses by exception.   

(1)   Cemeteries and mausoleums but not funeral homes or mortuaries.

(2)   Schools meeting the performance standards and development criteria set forth in Part 4.

(3)   Excavations, Lakes, and Borrow pits subject to the regulations contained in Part 9.

(4)   Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(5)   Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(6)   Day care centers meeting the performance standards and development criteria set forth in Part 4.

(7)   Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(8)   Home occupations meeting the performance standards and development criteria set forth in Part 4.

(d)   Minimum lot requirements (width and area).  For single-family dwellings and mobile homes, the minimum lot requirements (width and area), except as an otherwise required for certain other uses, are as follows: 

(1)   Width--100 feet.

(2)   Area--43,560 square feet.

(e)   Minimum Maximum lot coverage by all buildings and structures.  20 25 percent. 

(f)   Minimum yard requirements.  The minimum yard requirements for all permitted or permissible uses and structures are as follows: 

(i 1)    Front--25 feet.

(ii 2)   Side--Ten feet; provided that the combined side yards shall not be less than 25 feet.

(iii 3)   Rear--Ten feet.

(g)   Maximum height of structures.  35 feet. 

II.   Residential Low Density-A 120 (RLD-A 120 ) and Residential Low Density-B 100A (RLD-B 100A) Districts.  The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements and maximum lot coverage and height of buildings and structures shall be as provided in Section 656.305. 

B.   Secondary zoning districts.  The following secondary zoning districts may be permitted in the Rural Residential Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same: 

(1)   Commercial Office (CO); Section 656.311.

(2)   Commercial Neighborhood (CN); Section 656.312.

(3)   Agriculture (AGR); Section 656.331.

(4)   Public Buildings and Facilities (PBF-1); Section 656.332.

(5)   Public Buildings and Facilities (PBF-2); Section 656.332.

(6)   Conservation (CSV); Section 656.333.

(7)   Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

Sec. 656.305.  Low Density Residential Category.

This category includes residential developments in a density range of up to seven dwelling units per acre when full urban services are available. Generally, single-family dwellings will be the predominant land use in this category, although patio homes, townhomes, and multiple-family dwellings may also be permitted in appropriate locations. Minimum lot size shall be one-half acre per dwelling unit when both centralized potable water and wastewater treatment are not available. The lot size may be reduced to one quarter acre per dwelling unit if either one of these services is available. Secondary and supporting nonresidential uses described herein may also be permitted, subject to the criteria set forth in this Section below.

The following primary and secondary zoning districts may be considered in the Low Density Residential Category depicted on the Future Land Use Map series of the Comprehensive Plan.

A.   Primary zoning districts.  The primary zoning districts shall include the following: 

(1)   Rural Residential-Acre (RR-Acre); Section 656.304.

(2)   Residential Low Density-A 120 (RLD-A 120); Section 656.305.

(3)   Residential Low Density-B 100A (RLD-B 100A); Section 656.305.

(4)   Residential Low Density-C 100B (RLD-C 100B); Section 656.305.

(5)   Residential Low Density-D 90 (RLD-D 90); Section 656.305.

(6)   Residential Low Density-E 80 (RLD-E 80); Section 656.305.

(7)   Residential Low Density—F 70 (RLD-F 70); Section 656.305.

(8)   Residential Low Density-G 60 (RLD-G 60); Section 656.305.

(9) Residential Low Density-50 (RLD-50); Section 656.305.

(10) Residential Low Density-TND (RLD-TND); Section 656.305.

(11) Residential Low Density-TNH (RLD-TNH); Section 656.305 & Section 656.414.

The Residential Low Density (RLD) zoning districts allow for single-family dwellings at minimum lot sizes permitted in each district as specified below along with certain supporting open space uses, community facilities and utilities described below. The district requirements for the put back in Residential Low Density (RLD-A 120, RLD-B 100A, RLD-C 100B, RLD-D 90, RLD-E 80, RLD-F 70 and RLD-G 60, RLD-50, RLD-TND, RLD-TNH) zoning districts are specified below.

I.   Residential Rural-Acre (RR-Acre) District.  The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, and maximum lot coverage and height of buildings and structures shall be as provided in Section 656.304. 

II.   Residential Low Density (RLD) Districts.   

(a)   Permitted uses and structures.   

(1)   Single-family dwellings.

(2)   Reserved. Townhomes (RLD-TNH only)

(3)   Foster care homes.

(4)   Family day care homes meeting the performance standards and development criteria set forth in Part 4.

(5)   Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4.

(6)   Essential services, including water, sewer, gas, telephone, radio, television and electric meeting the performance standards development criteria set forth in Part 4.

(7)   Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(8)   Golf courses meeting the performance standards and development criteria set forth in Part 4.

(9)   Neighborhood parks, pocket parks, playgrounds or recreational structures which serve or support a neighborhood or several adjacent neighborhoods, meeting the performance standards and development criteria set forth in Part 4.

(10)   Country clubs meeting the performance standards and development criteria set forth in Part 4.

(11)   Home occupations meeting the performance standards and development criteria set forth in Part 4.

(12) Detached Accessory Dwelling Unit (RLD-TND only).

(b)   Permitted accessory uses and structures.  See Section 656.403. 

(c)   Permissible uses by exception.   

(1)   Cemeteries and mausoleums but not funeral homes or mortuaries.

(2)   Schools meeting the performance standards and development criteria set forth in Part 4.

(3)   Borrow pits subject to the regulations contained in Part 9.

(4)   Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(5)   Reserved.

(6)   Essential services, including water, sewer, gas, telephone, radio, television and electric meeting the performance standards and development criteria set forth in Part 4.

(7)   Day care centers meeting the performance standards and development criteria set forth in Part 4.

(8)   Animals other than household pets meeting the performance standards and development criteria set forth in Part 4.

(9)   Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(10)   Home occupations meeting the performance standards and development criteria set forth in Part 4.

0(11) Detached Accessory Dwelling Unit (RLD-TND only).

(d)   Minimum lot requirements (width and area).  For single-family dwellings the minimum lot requirements (width and area), except as otherwise required for certain other uses, are as follows: 

(1)   Width:

(i)    RLD-A 120 -- 120 feet.

(ii)    RLD-B 100A -- 100 feet.

(iii)    RLD-C 100B -- 100 feet.

(iv)   RLD-D 90 -- 90 feet.

(v)   RLD-E 80 -- 80 feet.

(vi)    RLD-F 70 -- 70 feet.

(vii)    RLD-G 60 -- 60 feet.

(viii) RLD-50 –- 50 feet.

(ix) RLD-TND –- 40 feet (requires access from an alley, or detached garage located behind the home).

(x) RLD-TNH – 15 feet; 25 end unit; and See Section 656.414.

(2)   Area:

(i)    RLD-A 120 -- 44,560 43,560 square feet.

(ii)    RLD-B 100A -- 21,780 square feet.

(iii)    RLD-C 100B -- 14,000 square feet.

(iv)    RLD- D 90 -- 10,800 9,900 square feet.

(v)    RLD- E 80 -- 8,800 square feet.

(vi)    RLD- F 70 -- 7,200 square feet.

(vii)    RLD- G 60 -- 6,000 square feet.

(viii) RLD-50 –- 5,000 square feet.

(ix) RLD-TND –- 4,000 square feet.

(x) RLD-TNH – See Section 656.414.

(e)   Maximum lot coverage by all buildings and structures.   

(1)   RLD- A 120 -- 20 25 percent.

(2)   RLD-B 100A, RLD- C 100B, RLD-D, and RLD-E –

30 40 percent.

(3) RLD-90, RLD-80, RLD-70 – 45 percent.

(3 4)   RLD-F and RLD-G RLD-60, RLD-50 –

35 50 percent.

(5) RLD-TND – 65 percent.

(f)   Minimum yard requirements.  The minimum yard requirements for all uses and structures are as follows:; provided, however that unenclosed front porches may extend five feet into the required front yard setback, and side opening garages may extend five feet into the required front yard setback as long as the garage doors do not face the street in the RLD-120, RLD-100A, RLD-100B, RLD-90, RLD-80, RLD-70, RLD-60, and RLD-50 Zoning Districts.

(1)   RLD-A 120:

(i)    Front--30 25 feet.

(ii)    Side--20 7.5 feet.

(iii)    Rear--20 10 feet.

(2)   RLD-B, RLD-C, RLD-D and RLD-E:

(i)    Front--25 feet.

(ii)    Side--Seven and one-half feet.

(iii)    Rear--Ten feet.

RLD-100A:

(i) Front--25 feet.

(ii) Side--7.5 feet.

(iii) Rear--10 feet.

(3)   RLD-F and RLD-G:

(i)     Front--20 feet.

(ii)    Side--Five feet, provided that the combined side yards shall not be less than 15 feet.

(iii)    Rear--Ten feet.

RLD-100B:

(i) Front –- 20 feet.

(ii) Side -– 7.5 feet.

(iii) Rear -- 10 feet.

(4) RLD-90:

(i) Front -- 20 feet.

(ii) Side -- 5 feet.

(iii) Rear -- 10 feet.

(5) RLD-80:

(i) Front -- 20 feet.

(ii) Side -- 5 feet.

(iii) Rear -- 10 feet.

(6) RLD-70:

(i) Front -- 20 feet.

(ii) Side -- 5 feet.

(iii) Rear -- 10 feet.

(7) RLD-60:

(i) Front -- 20 feet.

(ii) Side -- 5 feet.

(iii) Rear -- 10 feet.

(8) RLD-50:

(i) Front -- 20 feet.

(ii) Side -- 5 feet.

(iii) Rear -- 10 feet.

(9) RLD-TND (requires access from an alley or detached garage located behind the home):

(i) Front -- 5 to 20 feet.

(ii) Second Front Yard -- 10 feet.

(iii) Side -- 4 feet.

(iv) Rear -- 10 feet.

(10) RLD-TNH: See Section 656.414.

(g)   Maximum height of structures.  35 feet.

(h) Minimum open space. The gross density for an RLD Zoning District may not exceed the Land Use Category density. Where individual lot sizes may exceed the Land Use Category density, open space or conservation shall be platted as a separate tract and designated as “open space” on such plat.

B.   Secondary zoning districts.  The following secondary zoning districts may be permitted in the Low Density Residential Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same: 

(1) Residential Medium Density-A; Section 656.306.

(2) Residential Medium Density-B; Section 656.306.

(1 3)   Commercial Office (CO); Section 656.311.

(4) Commercial Residential Office (CRO); Section 656.311.

(2 5)    Commercial Neighborhood (CN); Section 656.312.

(3 6)    Agriculture (AGR); Section 656.331.

(4 7)    Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(5 8)    Public Buildings and Facilities-2 (PBF-2); Section 656.332.

(6 9)    Conservation (CSV); Section 656.333.

(7 10)    Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

Sec. 656.306.  Medium Density Residential Category.

This category permits residential developments in a gross density range of up to 20 dwelling units per acre when full urban services are available to the site. Secondary and supporting nonresidential uses described in this category may also be permitted at appropriate locations subject to the performance standards and development criteria set forth in this Section. Medium density residential developments may be sited as transitional uses between single-family and commercial or public/semi-public use areas. Developments with higher densities should be sited in or adjacent to mass transit corridors and stations.

The following primary and secondary zoning districts may be considered in the Medium Density Residential Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.   Primary zoning districts.  The primary zoning districts shall include the following: 

(1)   Residential Low Density-G 60 (RLD-G 60); Section 656.305.

(2)   Reserved.

(2) Residential Low Density -50 (RLD-50); Section 656.305.

(3) Residential Low Density-TND (RLD-TND); Section 656.305.

(4) Residential Low Density-TNH (RLD-TNH); Section 656.305 & Section 656.414.

(3 5)   Residential Medium Density-A (RMD-A); Section 656.306.

(4 6)   Residential Medium Density-B (RMD-B); Section 656.306.

(5 7)   Residential Medium Density-C (RMD-C); Section 656.306.

(6 8)   Residential Medium Density-D (RMD-D); Section 656.306.

(7)   Residential Medium Density-E (RMD-E); Section 656.306.

(8 9)   Residential Medium Density-MH (RMD-MH); Section 656.306.

Generally, multiple-family dwellings such as apartments, condominiums, townhomes and rowhouses will be the predominant land use in the Residential Medium Density Districts, although other multiple-family, mobile home parks, single-family and mobile home subdivisions may also be developed in appropriate locations. Certain supporting open space uses, community facilities and utilities also may be permitted.

The district requirements for the Residential Low Density (RLD-G 60, RLD-50, RLD-TND, RLD-TNH) and the Residential Medium Density (RMD-A, RMD-B, RMD-C,RMD-D, RMD-E and RMD-MH) zoning districts are specified below.

I.   Residential Low Density-G 60 (RLD-G 60), Residential Low Density -50 (RLD-50), Residential Low Density-TND (RLD-TND) and Residential Low Density-TNH (RLD-TNH) Districts.  The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements and maximum lot coverage and height of building and structures shall be as provided in Section 656.305. 

II.   Residential Medium Density-A (RMD-A), Residential Medium Density-B (RMD-B), Residential Medium Density-C (RMD-C), and Residential Medium Density-D (RMD-D), Residential Medium Density-E (RMD-E) and Residential Medium Density-MH (RMD-MH) Districts.   

(a)   Permitted uses and structures.   

(1)   Single-family dwellings (RMD-A and RMD-B Districts only).

(2)   Mobile homes [RMD-MH (mobile home) district only].

(3 2) Multiple-family dwellings (RMD-B, RMD-C, and RMD-D and RMD-E Districts only).

(3) Townhomes, subject to Section 656.414.

(4)   Housing for the elderly.

(5)   Family day care homes meeting the performance standards and development criteria set forth in Part 4.

(6 5)   Foster care homes.

(7 6)   Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4.

(8 7)   Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(9 8)   Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(10 9)   Golf courses meeting the performance standards and development criteria set forth in Part 4.

(11 10)   Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4.

(12 11)   Country clubs meeting the performance standards and development criteria set forth in Part 4.

(13 12)   Home occupations meeting the performance standards and development criteria set forth in Part 4.

(b)   Permitted accessory uses and structures.   

(1)   See Section 656.403.

(2)   In connection with multiple-family dwellings, including housing for the elderly, coin-operated laundromats and other vending machine facilities, day care centers, establishments for sale of convenience goods, personal and professional service establishments; provided, however, that these establishments shall be designed and scaled to meet only the requirements of the occupants of these multiple-family dwellings or housing for the elderly and their guests and are located not less than 250 feet from and RLD District with no signs or other external evidence of the existence of these establishments.

(3)   In connection with housing for the elderly, in projects with a minimum of 150 bedrooms, facilities for the sale of alcoholic beverages to occupants and their guests in accordance with (i) a Special Restaurant Exception beverage license issued pursuant to F.S. Ch. 561, as may be amended from time to time, and (ii) Part 8 of the City's Zoning Code; provided, that these facilities are located not less than 250 feet from an RLD district with there are no signs or other external evidence of the existence of these facilities.

(c)   Permissible uses by exception.   

(1)   Cemeteries and mausoleums but not funeral home or mortuaries.

(2)   Schools meeting the performance standards and development criteria set forth in the Part 4.

(3)   Borrow pits subject to the regulations contained in Part 9.

(4)   Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(5)   Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(6)   Day care centers meeting the performance standards and development criteria set forth in Part 4.

(7)   Nursing homes.

(8)   Residential treatment facilities.

(9)   Private clubs.

(10)  Mobile home parks (RMD-MH District only) subject to the requirements of Part 5.

(10) Commercial Neighborhood Retail Sales and Service or Professional Office structurally integrated with a multi-family use, not exceeding 25% of the structure which it is a part.

(11)   Reserved.

(12 11)   Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(13 12)   Home occupations meeting the performance standards and development criteria set forth in Part 4.

(14 13)   Emergency shelter homes (RMD-C, and RMD-D and RMD-E Districts only).

(15 14)   Community residential homes of seven to 14 residents meeting the performance standards and development criteria set forth in Part 4.

(16 15)   Golf driving ranges.

(17 16)   Rooming houses Boarding houses (RMD-D and RMD-E Districts only).

(18 17)   Group care homes (RMD-B, RMD-C, RMD-D and RMD-E Districts only).

(19)   Single-family residential use; provided, that the single-family residential use is a lawful, nonconforming use before an exception is granted. (RMD-B, RMD-C, RMD-D, and RMD-E Districts only).

(d)   Minimum lot requirements (width and area).  For single-family dwellings, mobile homes and multiple-family dwellings the minimum lot requirements (width and area), except as otherwise required for certain other uses, are as follows: 

(1)   Single-family dwellings and mobile homes (RMD-A and RMD-B through RMD-D):

(i)    Width--50 feet.

(ii)    Area--5,000 square feet.

(2)   Mobile home dwellings (RMD-MH) shall be specifically limited to the requirements of Part 5.

(3 2)   All other uses:

(i)    Width--60 feet.

(ii)    Area as provided below, or as otherwise required pursuant to the performance standards and development criteria set forth in Part 4:

(A)   RMD-B--5,000 6,000 square feet for the first two family units and 1,000 4,400 square feet for each additional unit, not to exceed four family units on each lot ten units per acre.

(B)   RMD-C--6,000 square feet for the first two family units and 4,400 2,900 square feet for each additional unit, not to exceed 15 units per acre.

(C)   RMD-D--6,000 square feet for the first two family units and 2,900 2,100 square feet for each additional unit not to exceed 20 units per acre.

(D)   RMD-E--6,000 square feet for the first two family units and 2,100 square feet for each additional unit.

(e)   Maximum lot coverage by all buildings and structures.  35 50 percent; provided, however, that a minimum lot area or lands used for multiple-family dwellings and housing for the elderly and accessory buildings used in conjunction therewith to be retained in natural ground cover or landscaped shall be 35 percent of the total lot area. 

(f) Multiple-family dwellings on same lot. A multiple-family dwelling with four units or more that directly faces, or backs up to, another multiple-family dwelling with at least four units shall provide a separation of at least forty feet.

(f g)   Minimum yard requirements.   

(1)   Multiple-family dwellings and housing for the elderly on individual lot (for attached fee simple multiple-family dwellings, the lot shall refer to the number of units in the structure):

(i)    Front--20 feet.

(ii)    Side--Ten feet.

(iii)    Rear--20 feet.

(2)   Multiple-family dwellings and housing for the elderly with more than one principal structure on the lot:

(i)    Front--20 feet.

(ii)    Side--20 feet.

(iii)    Rear--20 feet.

(3)   Single-family dwellings and mobile homes located on individual lots:

(i)    Front--20 feet.

(ii)    Side--Five feet; provided, that combined side yards shall not be less than 15 feet. 5 feet, or zero lot line provided ten feet on one side between buildings. For existing single family residential uses, zero lot line shall only be permitted through an Administrative Deviation.

(iii)    Rear--Ten feet.

(4)   All other uses:

(i)    Front--20 feet.

(ii)    Side--20 feet.

(iii)    Rear--20 feet.

(5)   Accessory use structures used in conjunction with multiple-family or housing for the elderly:

(i)    Front--Accessory uses or structures shall not be permitted in a required front yard front yards as they are established by the location of the principal structures.

(ii)   Side and rear--Ten feet; provided, however, that no accessory use structures shall be placed in a side or rear yard in such a manner that the highest point of the structure will pierce an imaginary line extending from the highest point of the principal structure to a point on the ground at the property line of the side or rear yard in question.

(g h)   Maximum height of structures.   

(1)   Single-family dwellings, rooming houses, boardinghouses, child care centers, day care centers and accessory use structures--35 feet.

(2)   All other uses--35 45 feet; provided, however, that height may be unlimited where all required yards are increased by one foot for each three one feet of building height or fraction thereof in excess of 35 45 feet.

B.   Secondary zoning districts.  The following secondary zoning districts may be permitted in the Medium Density Residential Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same. 

(1)   Commercial Office (CO); Section 656.311.

(2)   Commercial, Residential and Office (CRO); Section 656.311.

(3)   Commercial Neighborhood (CN); Section 656.312.

(4)   Agriculture (AGR); Section 656.331.

(5)   Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(6)   Public Buildings and Facilities-2 (PBF-2); Section 656.332.

(7)   Conservation (CSV); Section 656.333.

(8)   Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G herein are met.

Sec. 656.307.  High Density Residential Category.

Primary uses in this category include multi-family residential developments at gross densities of 20 to 60 dwelling units per acre. Because of the traffic and other infrastructure impacts such uses generate, high density residential areas must be located in close proximity to an arterial road and be supplied with full urban services in order for development to occur. High density residential areas shall be sited in or adjacent to mass transit corridors and stations. Certain nonresidential uses which may also be permitted in this category include supporting commercial recreational and public buildings and facilities at appropriate locations, subject to the criteria set forth in this Section.

The following primary and secondary zoning districts may be considered in the High Density Residential Category depicted on the Future Land Use Maps series of the Comprehensive Plan.

A.   Primary zoning districts.  The primary zoning districts shall include the following: 

(1)   Residential Medium Density-E D (RMD-E D); Section 656.306.

(2)   Residential High Density-A (RHD-A); Section 656.307.

(3)   Residential High Density-B (RHD-B); Section 656.307.

Generally, multiple-family dwellings and mixed use developments will be the predominant land use in this category. Certain supporting open space, recreation use, community facilities and utilities may also be permitted, as are conservation areas.

I.   Residential Medium Density-E D (RMD-E D) District.  The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, and maximum lot coverage and height of buildings and structures shall be as provided in Section 656.306. 

II.   Residential High Density-A (RHD-A) and Residential High Density-B (RHD-B) Districts.   

(a)   Permitted uses and structures.   

(1)   Multiple-family dwellings.

(2) Commercial neighborhood retail and service establishments structurally integrated with a multiple-family dwelling not exceeding 25% of the total floor area.

(3) Professional office uses structurally integrated with a multiple-family dwelling not exceeding 25% of the total floor area.

(2 4)   Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4.

(3 5)   Housing for the elderly.

(4 6)   Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(5 7)   Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(6 8)   Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4.

(7 9)   Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(8 10)   Home occupations meeting the performance standards and development criteria set forth in Part 4.

(9 11)   Family day care homes meeting the performance and development criteria set forth in Part 4.

(b)   Permitted accessory uses and structures.   

(1)   See Section 656.403.

(2)   In connection with multiple-family dwellings, including housing for the elderly, coin-operated laundromats and other vending machine facilities, day care centers, establishments for sale of convenience goods, personal and professional service establishments; provided, however, that these establishments shall be designed and scaled to meet only the requirements of the occupants of these multiple-family dwellings or housing for the elderly and their guests and are located not less than 250 feet from an RLD District with no signs or other external evidence of the existence of these establishments.

(c)   Permissible uses by exception.   

(1)   Cemeteries and mausoleums but not funeral homes or mortuaries.

(2)   Elementary and secondary schools meeting the performance standards and development criteria set forth in Part 4.

(3)   Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(4)   Nursing homes.

(5)   Residential treatment facilities.

(6)   Private clubs.

(7)   Day care centers meeting the performances standards and development criteria set forth in Part 4.

(8)   Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(9)   Home occupations meeting the performance standards and development criteria set forth in Part 4.

(10)   Community residential homes of seven to 14 residents meeting the performance standards and development criteria set forth in Part 4.

(11)   Rooming houses Boarding houses.

(12) Supporting Commercial Retail Sales and Service Establishments or Supporting Professional Offices uses in conjunction with multi-family.

(d)   Minimum lot requirements (width and area).  For all uses, except as otherwise required for certain uses, the minimum lot requirements are as follows: 

(1)   RHD-A--1,100 square feet for each family unit, not to exceed 32 units per acre.6,000 square feet for the first two family units and 1,350 square feet for each additional unit.

(2)   RHD-B--735 square feet for each family unit , not to exceed 60 units per acre.

(e)   Maximum lot coverage by all buildings and structures.   

(1)   RHD-A--35 60 percent; provided, however, that a minimum lot area or lands used, for multiple-family dwellings and accessory buildings used in conjunction therewith to be retained in natural ground cover or landscaped shall be 35 percent of the total lot area.

(2)   RHD-B District--50 80 percent; provided, however, that the minimum lot area to be retained in natural ground cover or landscaped shall not be less than 25 percent of the total lot area.

(f)   Minimum yard requirements.   

(1)   Multiple-family dwellings on individual lot in RHD-A District:

(i)    Front--20 feet.

(ii)   Side--Ten feet.

(iii)    Rear--20 feet.

(2)   Multiple-family dwellings with more than one principal structure on the lot in RHD-A District:

(i)    Front--20 feet.

(ii)    Side--20 feet.

(iii)    Rear--20 feet.

(3)   Multiple-family dwellings on individual lot or with more than one principal structure on the lot in RHD-B District:

(i)   Permitted uses and structures:

(A)   Front--25 feet.

(B)   Side and rear--40 feet.

(ii)   Accessory use structures used in conjunction with a permitted use:

(A)   Front--Accessory use structures shall not be permitted in front yards as they are established by the location of the principal use structures.

(B)   Side and rear--Ten 5 feet; provided, however, that no accessory use structures shall be placed in a side or rear yard in a manner that the highest point of the structure will pierce an imaginary line extending from the highest point of the principal structure to a point on the ground at the property line of the side or rear yard in question.

(4)   All other uses:

(i)    Front--20 10 feet.

(ii)    Side--Ten feet.

(iii)   Rear--20 feet.

(g)   Height of structures.   

(1)   RHD-A District--Maximum height shall be 35 45 feet; provided, however, that the height may be unlimited where all required yards are increased by one foot for each three one feet foot of building height or fraction thereof in excess of 35 45 feet.

(2)   RHD-B District--Minimum Maximum height shall be 60 feet; provided, however, that the height may be unlimited where all required yards are increased by one foot for each three feet of building height or fraction thereof in excess of 60 feet.

(3)   All other uses and accessory use structures--35 feet. See Section 656.403.

B.   Secondary zoning districts.  The following secondary zoning districts may be permitted in the High Density Residential Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same. 

(1)   Commercial Office (CO); Section 656.311.

(2)   Commercial Residential and Office (CRO); Section 656.311.

(3)   Commercial Neighborhood (CN); Section 656.312.

(4)   Commercial Community/General-1 (CCG-1); Section 656.313.

(5)   Public Building and Facilities-1 (PBF-1); Section 656.332.

(6)   Public Building and Facilities-2 (PBF-2); Section 656.332.

(7)   Conservation (CSV); Section 656.333.

(8)   Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G herein are met.

* * *

Section 2. Chapter 656 (Zoning Code), Part 16, Ordinance Code Amended. Chapter 656 (Zoning Code), Part 16, Ordinance Code, is hereby amended, in part, to read as follows:

CHAPTER 656 ZONING CODE

PART 16.  DEFINITIONS

* * *

Sec. 656.1601. Definitions.

* * *

1 Height of building or building height means the vertical distance from the required finished floor to the peak of the roof or parapet; provided, however that height may be measured from up to three feet above the required finish floor elevation or up to three feet above the existing grade, except for in the following Zoning Overlay Districts: Springfield (656.365 through 656.369.1), Mayport (656.395 through 656.399), San Marco (656.399.1 through 656.399.9), Mandarin (656.399.10 through 656.399.11), and Riverside/Avondale (656.399.12 through 656.399.36). Spires, belfries, cupolas, and chimneys that are not intended for human occupancy shall not count towards height measurement. Other roof-top appurtenance and mechanical equipment not intended for human occupancy may be placed above the roof line provided it is not visible from an adjacent right-of-way.

* * *

Section 3. Chapter 656 (Zoning Code), Part 4, Ordinance Code Amended. Chapter 656 (Zoning Code), Part 4, Ordinance Code, is hereby amended, in part, to read as follows:

CHAPTER 656 ZONING CODE

PART 4.  SUPPLEMENTARY REGULATIONS

* * *

SUBPART B.  MISCELLANEOUS REGULATIONS

* * *

Sec. 656.403.  Accessory uses and structures.

Accessory uses and structures are permitted in all districts, if those uses and structures are of a nature customarily incidental and clearly subordinate to a permitted or permissible principal use or structure and, unless otherwise provided, these uses and structures are located on the same lot (or a contiguous lot in the same ownership) as the principal use. Where a building or portion thereof is attached to a building or structure containing the principal use, the building or portion shall be considered as a part of the principal building, and not as an accessory building. Accessory uses shall not involve operations or structures not in keeping with character of the district where located and shall be subject to the following:

(a)   Accessory uses  shall not be located in required front or side yards in a residential district except as follows: 

(1)   On double frontage lots, through lots and corner lots, accessory uses and structures may be located only in a required side yard except where a double frontage lot has frontage on a navigable waterway.

(2)   Accessory structures for the housing of persons, such as guesthouses or servants' quarters, shall not be located in a required yard.

(3)   Detached accessory structures such as private garages which are separated from the main structure by not less than five feet may be located in a required side or rear yard but not less than three feet from a lot line.

(4 3)   Air conditioning compressors or other equipment designed to serve the main structure may be located in a required yard but not less than seven two feet from a lot line.

(b)   Household pets  are a permitted accessory use in all residential districts, provided those pets do not become a public nuisance or health hazard. 

(c)   Accessory uses and structures in a residential district  shall include noncommercial greenhouses and plant nurseries, servants' quarters and guesthouses, private garages and private boathouses or shelters (if boathouses or shelters do not exceed 900 square feet in area), toolhouses and garden sheds, garden work centers, children's play areas and play equipment, private barbecue pits and swimming pools, facilities for security guards and caretakers (provided that they do not exceed 50% of the primary structure’s building footprint) and similar uses or structures which: 

(1)   Do not involve the conduct of business of any kind, unless otherwise permitted or approved pursuant to Chapter 656.

(2)   Are of a nature not likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

(3)   Do not involve operations or structures not in keeping with the character of a residential neighborhood.

The maximum height of an accessory structure shall not exceed 15 feet. Furthermore, accessory uses or structures, whether physically attached to the primary structure or not, shall not exceed the height of the primary structure, except in areas zoned Residential Rural (RR). The height of an accessory structure shall be limited to 15 feet; provided, however, that the height may be increased to the height of the primary structure if the required yard is increased three feet for every one foot of building height in excess of 15 feet.

(d) Accessory use height:

(1) Accessory uses or structures less than 15 feet in height may be located in a required rear of side yard, but not less than five feet from a lot line.

(2) Accessory uses or structures greater than 15 feet in height shall meet the same setback requirements as the primary structure and shall not exceed the height of the primary structure.

(3) Accessory uses or structures greater than 15 feet in height in the Residential Rural-Acre (RR-Acre) Zoning District, or on a lot at least one acre in size, shall meet the same setback requirements as the primary structure and may exceed the height of the primary structure, up to a maximum height of 35 feet.

(4) An attached or detached swimming pool enclosure shall not exceed the height of the primary structure.

(d e)   Land clearing and processing of land clearing debris  shall be accessory uses in all zoning districts; provided, however, land clearing debris may be processed only in conformity with Chapters 360, 380 and 386, to the extent those Chapters are applicable. 

(e f)   Temporary retail sales of holiday gift items  shall be accessory uses in all zoning districts subject to the limitations in this Part 4, including the limitation that the accessory sales shall be subordinate to a permitted or permissible nonresidential principal use. 

* * *

Sec. 656.411.  Parking and placement of certain vehicles and equipment in all certain residential and CO, CRO, CCG-1 and CN Districts.

(1)   The following vehicles and equipment, subject to the license classifications set forth in F.S. § 320.08, shall not be parked or located in off-street parking lots, access to highways, on private property in a residential district(except Residential Rural (RR)) or in the CO, CRO, CCG-1 or CN districts, or on any public right-of-way in a residential, CO, CRO, CCG-1 or CN district, except as may be required for normal loading or unloading of such vehicles and during the time normally required for service at dwellings or at structures or activities permitted or permissible in these zoning districts by the terms of the Zoning Code:

(a)   Heavy trucks and truck tractors as defined in subsection (2) below, including, but not limited to, or box trucks, step-vans, moving vans, delivery trucks, dump trucks, tow trucks, flat bed trucks, buses, cranes, or similar vehicles, or any vehicles used as a platform for a derrick, hoist, crane, compressor, tank(s), ladder racks, or similar equipment, or as a means of transporting or storing a commercial vehicle. The following vehicles are specifically excluded from this definition and shall not be deemed commercial vehicles:

(i)   unaltered automobiles;

(ii)   station wagons;

(iii)   passenger vans; and

(iv)   pickup trucks, including those with toppers and campers, winches, ladder racks or other similar minor alterations on private property only.

(v) commercial vans with ladder racks or other similar minor alterations on private property only.

(b)   Motor vehicles equipped with machinery and designed for the exclusive purpose of well drilling, excavation, construction, wood chipping, spraying or similar activity, or the machinery associated with such activity, including, but not limited to, bulldozers, bobcats, backhoes, ditch diggers concrete mixing trucks and wood chippers, except for so long as the work or construction is actively being performed;

(c)   School buses, commercial wreckers, hearses and ambulances;

(d)   Passenger vehicles for ten persons or more;

(e)   Trucks used for agricultural purposes;

(f)   Semi-trailers drawn by a truck tractor by means of a fifth-wheel arrangement; and

(g)   Trailers used for transporting landscaping and lawn care equipment, whether or not such trailer is attached to another vehicle.

(h)   Temporary personal storage units; provided, however, that temporary personal storage units may be parked or located on private property in a residential district or in the CO, CRO, CCG-1 or CN districts subject to the following limitations:

(i)   The total size of the unit or units may not exceed 300 square feet in area (length multiplied by width) in a residential district; and

(ii)   The duration of placement of the unit or units is limited to thirty days, the duration of an active building permit for the property the unit or units are located on, or a reasonable amount of time for emergency cleanup after a natural disaster as determined by local, state, or federal government emergency preparedness agencies; and

(iii)   The unit or units may be located in driveways, front yards, side yards, or back yards and may be located in a required setback; and

(iv)   The unit or units may not block the flow of pedestrian traffic; and

(v)   The unit provider shall post the delivery date on the unit; and

(vi)   These regulations do not supersede more restrictive limitations contained in any homeowner's association or subdivision covenants, deeds, or restrictions.

(2)   For purposes of this Section, the following words are defined as follows:

(a)   "Heavy truck" means any motor vehicle with an actual scale weight in pounds with complete catalog equipment of more than 5,000 10,000 pounds, which is registered on the basis of gross vehicle weight in accordance with Florida Statutes § 320.08(4), and which is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device and includes any such motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers.

(b)   "Truck tractor" means a motor vehicle which has four or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semi-trailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently.

* * *

Sec. 656.414.  Townhouses and rowhouses.

(a) Each building or structure to be sold to individual owners containing townhouses or rowhouses or each development of contiguous townhouse units shall comply with all development regulations, including overall lot and yard requirements and density, for multiple-family dwellings, except as provided in this Section. Where lots are to be sold to individual owners of townhouses or rowhouses in a building, the lots shall be platted pursuant to Chapter 654, Ordinance Code, and the following regulations shall apply to such subdivision plats and to the individual units or lots:

(a)   Each interior unit shall be on a lot not less than 18 feet wide and each end unit shall be on a lot not less than 26 feet wide.

(b)   The minimum lot area for each individual unit shall be not less than 1,800 square feet.

(c)   Each lot shall have frontage on a public or approved private street, which frontage shall not be less than 80 percent of the required lot width.

(1) Minimum lot width: – 15 feet; 25 feet for end units.

(2) Minimum lot area: - 1,500 square feet.

(3) Maximum lot coverage by all buildings: – 70 percent.

(4) Maximum yard requirements:

(a) Front – 22 feet from the outside edge of sidewalk to the garage face where sidewalks are located on that side of the street and 15 feet to the building façade; 22 feet from the back edge of curb where no sidewalks are located to the garage face and 15 feet to the building façade; 15 feet, if access to garage is from an alley.

(b) Side – 0 feet; 10 feet for end units.

(c) Rear – 10 feet.

(5) Maximum height of structures. 35 feet.

(6) Minimum open space. The gross density for an RLD Zoning District may not exceed the Land Use Category density. Where individual lot sizes may exceed the Land Use Category density, open space shall be platted as a separate tract and designated as “open space” on such plat.

* * *

Sec. 656.420.  Reserved. Recreation and Open Space Standards.

(a) A residential subdivision development of 100 lots or more shall provide at least one acre of useable uplands for every 100 lots (and any fraction thereof), or 5% of the total useable uplands area to be platted, whichever is less, to be dedicated as common area and set aside for active recreation. There may be up to two areas for each 100 lots, and the areas shall be a minimum of 0.5 acres in size, unless otherwise approved by the Planning and Development Department, or by the City Council as part of a Planned Unit Development Zoning District.

(b) A residential subdivision development of 25 lots to 99 lots shall pay a recreation and open space fee of two-hundred-fifty ($250) dollars per lot, or provide at least four hundred thirty-five (435) square feet of useable uplands for each lot (and any fraction thereof), to be dedicated as common area and set aside for active recreation. The City shall use recreation and open space fees collected pursuant to this subsection to improve, enhance, expand, or acquire recreation areas within the same Planning District in which the fees are paid.

(c) A residential subdivision development of fewer than 25 lots is not subject to this Section.

(d) All multiple-family developments of 100 units or more shall provide 150 square feet of active recreation area per dwelling unit. There may be one area for each 100 units, or the areas may be combined, subject to approval by the Planning and Development.

* * *

Section 4. Internal Consistency in Chapter 656. The Municipal Code Corporation is hereby authorized to correct all cross references within Chapter 656 to ensure consistency with the changes adopted herein, included by not limited to the following: striking all references to Residential Medium Density-E (RMD-E) except in Subparts I, L, M, and O; striking Residential Rural (RR) and inserting Residential Rural-Acre (RR-Acre) except in Subparts I, L, M, and O; striking Residential Low Density-A (RLD-A) and inserting Residential Low Density-120 (RLD-120) except in Subparts I, L, M, and O; striking Residential Low Density-B (RLD-B) and inserting Residential Low Density-100A (RLD-100A) except in Subparts I, L, M, and O; striking Residential Low Density-C (RLD-C) and inserting Residential Low Density-100B (RLD-100B) except in Subparts I, L, M, and O; striking Residential Low Density-D (RLD-D) and inserting Residential Low Density-90 (RLD-90) except in Subparts I, L, M, and O; striking Residential Low Density-E (RLD-E) and inserting Residential Low Density-80 (RLD-80) except in Subparts I, L, M, and O; striking Residential Low Density-F (RLD-F) and inserting Residential Low Density-70 (RLD-70) except in Subparts I, L, M, and O; striking Residential Low Density-G (RLD-G) and inserting Residential Low Density-60 (RLD-60) except in Subparts I, L, M, and O; and striking all references to Commercial Regional (CR).

Section 5. Effective Date. This Ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.

Form Approved:

/s/ Shannon K. Eller_____________

Office of General Counsel

Legislation Prepared By: Shannon K. Eller

G:\SHARED\\2008\ord\LAND USE GENERAL\2008-969-E FINAL ENROLLED.doc

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This was moved from Section 656.1210 (D) of the Zoning Code.

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