§ 5.703. Use regulations.
A.
Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:
1.
Any use shown as permitted in Table 5.703., subject to the use limitations as listed.
B.
Uses permitted by conditional use permit .
1.
Any use shown as permitted by conditional use permit in Table 5.703., subject to the use limitations as listed, and any additional conditional use permit criteria.
Table 5.703. Use Table
Land Uses
Permitted (P) or Conditional Use (CU) 1. Accessory buildings including private garages, swimming pools, and recreation buildings and courts P 2. Accessory uses including home occupation P (1) 3. Community buildings and recreational facilities not publicly owned, such as: athletic fields, boys' clubs, commercial stables, ranches, and tennis clubs (see Section 1.403. for criteria) CU 4. Day care home P 5. Dwelling unit(s), including Vacation rental or Short-term rental P 6. Educational service, elementary and secondary school (see Section 1.403. for criteria) CU (2) (3) 7. Educational service, other than elementary and secondary school, colleges and universities only (see Section 1.403. for criteria) CU (2) 8. Group home P 9. Model home, temporary sales office/buildings P (4) 10. Municipal uses P 11. Place of worship P (5) 12. Residential health care facility (see Section 1.403. for criteria, except as modified in Section 5.704.C.) CU 13. Wireless communication facility, Type 1, 2 and 3 P (6) 14. Wireless communication facility, Type 4 CU (7) Use Limitations:
(1)
The landing and taking-off of aircraft is not a valid accessory use in residential districts and is prohibited.
(2)
Conditional use permit is not required for public or charter educational services.
(3)
Educational service, charter school: minimum lot size is forty-three thousand (43,000) square feet.
(4)
For uses incidental to construction work and/or home sales, to be removed upon completion or abandonment of construction work and/or home sales.
(5)
Place of worship subject to compliance with the following standards, as well as those otherwise required in the underlying District:
a.
Lot area: The minimum lot area shall be equal to that required for the district, except that no lot shall be less than twenty thousand (20,000) square feet (net).
b.
Floor area ratio: In no case shall the gross floor area of the structure(s) exceed an amount equal to 0.20 multiplied by the net lot area.
c.
Building height: Development Review Board may allow building heights, including towers, spires, and mechanical equipment (such equipment must be screened) limited to thirty (30) feet in height, and may allow a maximum of ten (10) percent of the roof area to exceed the height limit by fifteen (15) feet. Height and location are subject to the Development Review Board review and approval for compatibility with the established neighborhood character. Maximum permissible heights may not be achievable in all neighborhoods. (This provision supersedes Section 7.100. through 7.102., exceptions to height restrictions, which shall not apply to churches within the underlying District.)
d.
Required open space:
i.
Minimum: 0.24 multiplied by the net lot area.
ii.
For building heights over twenty (20) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twenty (20) feet.
iii.
NAOS may be included in the required open space.
e.
Parking:
i.
Parking shall observe the minimum front yard setbacks of the underlying District for all frontages. On streets classified in the Transportation Master Plan as major arterial or greater, parking may be located between the established front building line and the front yard setback. On all other street classifications, parking shall be located behind the established front building lines.
ii.
A minimum of fifteen (15) percent of all parking areas shall be landscaped.
iii.
A ten-foot minimum landscaped setback shall be provided where parking is adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.
f.
Lighting:
i.
All pole-mounted lighting shall be directed down and shielded and shall be a maximum of sixteen (16) feet in height.
ii.
All lighting adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., shall be set back a minimum of thirty (30) feet from the property line. All lighting, other than security, shall be shut off by 10:00 p.m.
iii.
All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise approved through a special event permit.
g.
Screening:
i.
There shall be a minimum six-foot high masonry wall and/or landscape screen, as approved by the Development Review Board, on the side and rear property lines that are adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.
ii.
There shall be a three-foot high landscaped berm along all street frontages where parking occurs.
h.
Access:
i.
All places of worship must have primary access to a street classified in the Transportation Master Plan as a minor collector or greater.
ii.
Access to a local or local collector residential street is prohibited when the primary worship center, auditorium, or other major gathering place exceeds three thousand (3,000) square feet.
i.
Operations: No outdoor activities shall be permitted after 10:00 p.m.
j.
Noise: Outdoor speakers or paging systems are not allowed.
(6)
Subject to the requirements of Sections 1.904., 3.100., and 7.200.
(7)
Subject to the requirements of Sections 1.400., 3.100., and 7.200.
(Ord. No. 2430, § 1, 1-21-92; Ord. No. 2470, § 1, 6-16-92; Ord. No. 2510, § 1, 11-17-92; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3697, § 1(Exh. 1), 9-26-06; Ord. No. 3811, § 1, 11-17-08; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 79), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)