§ 62-1477. Same—Approval of preliminary development plan and tentative zoning.

(a)

Pre-application conference. Before submission of a preliminary application for approval of a tiny house planned unit development zoning classification, the developer and his registered engineer, architects or site planner are encouraged to meet with the zoning official and such other personnel as necessary to determine the feasibility and suitability of his application. This step is encouraged so that the developer may obtain information and guidance from county personnel before entering into any binding commitments or incurring substantial expenses of site and plan preparation.

(b)

Preliminary application.

(1)

Generally. A preliminary application shall be submitted to the county by the developer requesting approval of the site as a tiny house planned unit development zone. The preliminary application shall contain the name of the developer, the surveyor and the engineer who prepared the development plan and topographic data map, and the name of the proposed tiny house planned unit development.

(2)

Exhibits; contents of development plan. The following exhibits shall be attached to the preliminary application:

a.

A vicinity map indicating the relationship between the tiny house planned unit development and its surrounding area, including adjacent streets and thoroughfares.

b.

A development plan that shall contain but not be limited to the following information:

1.

The proposed name or title of the project, and the name of the engineer, architect and developer.

2.

North arrow, scale (one inch equals 200 feet or larger), date and legal description of the proposed site.

3.

The boundaries of the tract shown with bearings, distances, closures and bulkhead lines, all existing easements, section lines, and all existing streets and physical features in and adjoining the project, and the existing zoning.

4.

The name and location of adjoining developments and subdivisions.

5.

Proposed parks, school sites or other public or private open space.

6.

Vehicular and pedestrian circulation systems, including off-street parking and loading areas, driveways and access points.

7.

Site data, including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of primary residential and secondary uses, and the total number of dwelling units.

8.

Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the percent of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the site plan.

9.

Delineation of specific areas designated as a proposed stage.

10.

A general statement, including graphics, indicating proposed corridors of drainage and their direction, natural drainage areas, specific areas which are to function as retention lakes or ponds, anticipated method for accommodating runoff (curb and gutter, swales or other method), and treatment methods for discharge into area waterways for the site to ensure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area.

11.

The general location within the site of each primary residential and secondary use and the proposed amount of land to be devoted to individual ownership.

12.

The proposed method of dedication and administration of proposed common open space.

13.

The lot dimensions (width, depth and area) and setbacks and separation distances between primary/primary or primary/accessory or accessory/accessory building locations identified per each development type.

14.

Minimum living area size proposed per each development type with a maximum of 900 square feet of living area allowed.

(3)

Submittal.

a.

The THPUD zoning application and preliminary development plan shall be submitted concurrently to the county.

b.

The application shall include one black or blue line print of the development plan of the proposed tiny house planned unit development, and the required exhibits.

(4)

Review procedure.

a.

The preliminary development plan shall be reviewed formally by the county zoning office and such other departments of county government as necessary to determine the consistency of the plan with county plans and policies prior to the submission of the THPUD zoning application to the planning and zoning board of the county. The planning and zoning board shall then review the preliminary plan.

b.

Upon completion of its review, the planning and zoning board shall recommend to the board of county commissioners the approval, approval subject to conditions, or disapproval of the preliminary development plan application.

(5)

Review criteria. The decision of the planning and zoning board on the preliminary development plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the planning and zoning board shall consider the following facts:

a.

Degree of departure of the proposed tiny house planned unit development from surrounding residential areas in terms of character and density.

b.

Compatibility within the tiny house planned unit development and relationship with surrounding neighborhoods.

c.

Prevention of erosion and degrading of surrounding area.

d.

Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation as shown in the preliminary development plan.

e.

The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space.

f.

The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development.

g.

The availability and adequacy of water and sewer service to support the proposed tiny house planned unit development.

h.

The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed tiny house planned unit development.

i.

The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a tiny house planned unit development classification.

j.

The conformity and compatibility of the tiny house planned unit development with any adopted development plan of the county.

k.

The conformity and compatibility of the proposed common open space, primary residential and secondary uses with the proposed tiny house planned unit development.

(6)

Action by board of county commissioners. Upon receiving the recommendation of the planning and zoning board, the board of county commissioners shall, at a regularly scheduled public meeting, review the recommendation and preliminary development plan, and either approve, approve subject to conditions, or disapprove the preliminary development plan application. Approval of the preliminary development plan indicates approval of the THPUD zoning subject to acceptance of the final development plan. The decision of the board of county commissioners shall be based upon a consideration of the facts specified as review criteria for the planning and zoning board in subsection (b)(5) of this section.

(7)

Record of preliminary application. If the preliminary development plan application is approved by the board of county commissioners, a copy of the application and required exhibits shall be maintained within the zoning division of the county.

(c)

Amendment to approved preliminary development plan. If, after the initial approval of the THPUD preliminary development plan, should the owner or applicant or his successors desire to make any changes to the preliminary development plan, such changes shall first be submitted to the county. If the zoning official deems there is a substantial change or deviation from that which is shown on the preliminary development plan, the owner or applicant shall be requested to return to the board of county commissioners where it is determined that the public interest warrants such procedure. For purposes of this subsection, a substantial change shall be defined as any change which increases the density or intensity of the project or decreases the amount of buffer areas from adjacent property or decreases the amount of common open space. The zoning official shall have the authority to approve minor changes not determined by the director to be substantial as defined in this subsection.

(Ord. No. 2018-27, § 10, 12-4-18)