(Ord. 3-97, )

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Ezra Allen Walters
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1 .3 - RD Residential Development District. A. Purpose and intent. This district is established to: 1. Provide areas for single, duplex, and multi-family residential development at a variety of densities dependent on the size of the development; 2. Encourage the assembly of larger parcels for the development of higher density projects; 3. Permit other uses generally compatible with such residential uses; and 4. Otherwise implement this ordinance. B. Permitted uses. 1. Administrative office; 2. Commercial parking (see special regulations D.4.); 3. Duplex dwelling (see special regulations D.); 4. Entrance gates (applicable to private subdivisions with private rights-of-way); (Ord. 3-97, ) 5. Essential services; 6. Essential service facilities - Group II - distribution electric substation only (see 3.27); 7. Family day care home; 8. Home occupation; 9. Multi-family dwelling; 10. Nature and wildlife preserves; 11. Parks - Group I; 12. Places of worship (three-acre minimum lot area); 13. Single-family dwelling; and 14. Conjoined residential structures. (Ord , 3, ; Ord , ) C. Special exception uses. 1. Assisted living facility; (Ord , ) 2. Bed and breakfast establishment; 3. Boarding or rooming house (see Art. III, 3.3.5); 4. Childcare facility/preschool/kindergarten; (Ord. 3-97, ) 5. Clubs country (40,000 square feet minimum lot area); 6. Day care center, adult; Page 1

2 7. Dormitory, fraternity house, or sorority house (see Art. III, 3.3.5); 8. Essential service facilities - Group I (except communication [wireless] towers); (Ord , ; Ord , ) 9. Gate house, within a planned development project only; 10. Golf course; 11. Governmental uses - Group II; 12. Guest/staff quarters, within a planned development project only (see special regulations D.3.); (Ord , ) 13. Hospice; 14. Lodging houses (see Art. III, 3.3.4); 15. Large family child care home; 16. Model homes (see special regulation D.2.); 17. Parks - Groups II and III; 18. Religious facility (three-acre minimum lot area); 19. Schools: nonprofit, private, public, or parochial - Groups I and II; and 20. Social services - Groups III and IV. D. Special regulations. 1. No structure may be converted from any other use to residential dwelling unit unless all provisions of this ordinance regarding residential dwellings are complied with. 2. Model home site(s) may be permitted as a special exception, subject to the following requirements: (Ord , ) a. Minimum site area of 15,000 square feet for the first model home site and a minimum of 10,000 square feet for each additional model home site adjoining. b. The parking lot for a model home site(s) shall be set back a minimum of five feet from the side property line and 15 feet from the rear property line. The set back area shall contain at least a five-foot landscaped buffer to the adjoining rear and side property lines. c. No parking directly to the rear of the model home site(s) on one building site. d. Parking: five paved spaces on site for the first model home site, three additional paved spaces for each additional model home site. e. Vehicle parking entrance to the homesite shall be from the street which faces front entrance to the model home unless this condition conflicts with Department of Transportation standards or City of Cape Coral Engineering Design Standards. On corner sites where the garage is on the side of the structure, the entrance to the parking area may be located on the same side as the driveway to the garage. f. Time limit: five years maximum unless conforms to all provisions of this ordinance. Page 2

3 g. Deposit required: A deposit of funds or other financial instruments payable to the City of Cape Coral is required as a construction conversion deposit to convert the property back to a residential or other permitted use when the structure is converted or sold. The amount of the deposit to be set forth as follows: $5,000 for conversion of the parking lot; and, $1,500 per model home site if driveway is not installed. The deposit shall be used by the city to remove any parking area not allowed in a residential zone or to convert the property to a residential or other permitted use. Such deposit shall be used when the model home site is abandoned as a model home, or at the expiration of the model home time limit, or if the model home site is sold as a residence or other permitted use and not converted to a residence or other permitted use, or if the structure is abandoned as a model home for 30 consecutive days. Conversion of the model home site must be completed within 60 days of the expiration of the time limit for the model home, or within 60 days of the structure being abandoned as a model home site, or prior to sale of the model home site for a residential or other permitted use. Any funds and interest resulting from these funds shall be returned to the party who made the deposit upon conversion of the model home site to a residential or other permitted use if such conversion is done by parties other than the city. Should the city be required to perform the conversion, all unused monies, including interest accrued, shall be refunded to the party making the deposit. h. Model home sites may be open for business between 9:00 a.m. and 9:00 p.m. daily. i. Outside lighting permitted, except from 10:00 p.m. to 7:00 a.m. j. Security lighting: two security lights, one in front and one at rear of building. k. Model homes must be used exclusively for the display and sale of model homes. No construction office or other real estate uses permitted. (Agricultural or farming uses removed by motion of Council on ) 3. Guest/staff quarters shall be located only on sites containing a minimum lot area of 15,000 square feet. The maximum building area of a guest/staff quarters structure shall not exceed 600 square feet. (Ord , ) 4. The following conditional requirements apply to commercial parking: (Ord , ) a. The proposed parking on RD property shall be used only in connection with an existing use or structure located within a commercial (C-1), or professional (P-1) zoning district. b. A minimum of 10,000 square feet of land area shall be required for commercial parking proposed in the RD zoning district. c. The area within the RD zoning district proposed for commercial parking shall be composed of contiguous lots within that district and owned by the commercial or professional property owner or corporation served by the parking site. TABLE RD DIMENSIONAL REGULATIONS Page 3

4 Single-Family (a) Duplex (a) Multi-Family Conjoined Residential Structure Minimum lot area 10,000 s.f. 3 acres(b) 3 acres (b) 3 acres (b)(n) Maximum density 4.4 D.U./Acre (c) (c) (c) Minimum yards Front 25 ft. 25 ft.(d) 25 ft.(d) 25 ft.(d) Side 7.5 ft.(e)(f) 7.5 ft.(d)(g) 7.5 ft.(d)(g) 7.5 ft. Rear 20 ft.(e) 20 ft.(d)(g) 20 ft.(d)(g) 20 ft. Minimum lot width at building line 80 ft. 80 ft.(h) 120 ft.(h) an average of 40 ft. per dwelling unit (n) Minimum lot depth 125 ft. 125 ft.(h) 125 ft.(h) 125 ft. Maximum building height 30 ft.(i) 30 ft.(j) 38 ft.(j) 38 ft. Minimum living area (per dwelling unit) (I) Waterfront 1,800 s.f.(l) 1,000 s.f.(m) Efficiency s.f. One bedroom s.f. Each additional bedroom s.f. 1,000 s.f.(m) Non-waterfront 1,100 s.f.(l) 1,000 s.f.(m) Efficiency s.f. One bedroom s.f. Each additional bedroom s.f. 1,000 s.f.(m) (Ord , 2, ; Ord , 3, ) Page 4

5 (a) Single-family and duplex dwellings may have the accessory structures permitted in Art. III, 3.1.2A. (b) Exceptions to the minimum area threshold may be made if the assembly of three acres is physically impossible for either of the following reasons: 1. The site illustrated on the Future Land Use Map is less than three acres in area; or 2. Physical barriers, such as existing dwelling units or other structures, do not allow the assembly of a site of three acres or more. The applicability of this provision to specific cases shall be determined by the Director. (c) Densities are dependent on the size of the project. Projects less than three acres may develop only as single-family dwellings, unless they meet the requirements of paragraph (b), above. Projects three acres or larger and non-single-family projects meeting the requirements of paragraph (b), above, must be developed through the PDP process and may have the following densities: (Ord , ; Ord , 2, ) Acreage D.U./Acre < (d) Minimum yards are for separations between structures in the PDP and adjacent nonpdp properties. Within the project, zero-lot-line, clustering, and other lot dimensions may be approved provided that the area of the project is at least three acres and is developed through the PDP process. Structures built to side lot lines must then observe all underwriting standards including a minimum two-hour firewall. (Ord , ) Page 5

6 (e) All lots shall have a minimum width at the street line of 50 feet, except lots on turn-arounds of a permanent dead-end street must have a minimum width of 25 feet. (See City of Cape Coral Engineering Design Standards for access.) (f) See Article III, 3.7 and for corner lot setbacks. (g) Single-family and Duplex: Opened or enclosed pools or screen enclosures are permitted no closer than ten feet from the rear lot line. Open or enclosed pools or screen enclosures shall be placed at the rear of the duplex or single-family home and may not extend more than ten feet beyond the side of the structure or into the required setback Any part of a pool or screen enclosure covered by a roof or enclosed by side walls over six feet in height shall be covered by the limitations regarding location of the structure. The minimum distance required from a lot line shall be measured from the exterior of the screen enclosure for a screen enclosure or an enclosed pool and from the water line of an unenclosed pool. In no instance shall any pool, pool enclosure, or screen enclosure be placed within a utility or drainage easement. (See Article III, 3.10) (Ord. 3-97, ; Ord , 3, ) Multi-Family: Open or enclosed pools or screen enclosures are permitted no closer than ten feet from any rear lot line. Pools or screen enclosures located elsewhere on the multi-family lots are subject to the limitations and regulations specified for structures in this schedule. The minimum distance requirement from a lot line shall be measured from the exterior of the screen enclosure for a screen enclosure or an enclosed pool and from the waterline of unenclosed pools. In no instance shall any pool, pool enclosure, or screen enclosure be placed within the utility or drainage easement. (See Article III, Sec. 3.10) (Ord. 3-97, ; Ord , 3, ) (h) Minimum lot widths and depths are for areas adjacent to existing, non-project structures. Within the project, zero-lot-line, clustering, and other lot dimensions may be approved. (i) Building height may be increased to 35 feet on sites of at least 15,000 square feet. (Ord , ; Ord , 4, ; Ord , 3, ) (j) The Hearing Examiner may approve a variance to permit additional height where one additional foot is added to the required side and rear yards for each additional one foot of building height, and all other criteria for approval of a variance are met. (k) The ground floor area of a dwelling, exclusive of garages, storage areas, carports, breezeways, enclosed porches, or terraces shall have a minimum of 650 square feet of living area. Exceptions may be made where the Federal Emergency Management Agency requires higher elevations. (See Article Page 6

7 VI, 6.5(b)(5).) (l) A minimum of 1,800 square feet is required when adjacent to a river as defined by the U.S. Army Corps of Engineers. Minimum living area may be reduced to 1,400 square feet for lots on canals or lakes, on lots across the street from river front lots, and on lots adjacent to golf courses. (m) Living area must be increased 100 square feet for each bedroom over two per unit. (Ord , 2, ) (n) For conjoined residential structures, minimum lot area and minimum lot width requirements apply to the entire parcel on which the project is located; within the project, there is no minimum lot area or lot width required for each dwelling unit. (Ord , 4, ; Ord , 3, ; Ord , ; Ord , ; Ord , ) Page 7

2.110 COMMERICAL MIXED USE (CM)

CITY OF KEIZER DEVELOPMENT BULLETIN 2.110.01 Purpose 2.110 COMMERICAL MIXED USE (CM) The Commercial Mixed Use (CM) zone is the primary commercial zone within the City. The zone is specifically designed