§ 25-2-1051. APPLICABILITY.

(A)

Except as provided in Section 25-2-1052 ( Exceptions ) or another specific provision of this title, this article applies to the following uses:

(1)

A use in a townhouse and condominium residence (SF-6) or less restrictive zoning district and to a civic use described in Subsection (B) that is located on property:

(a)

across the street from or adjoining property:

(i)

in an urban family residence (SF-5) or more restrictive zoning district;

(ii)

on which a use permitted in an SF-5 or more restrictive zoning district is located, other than a dwelling permitted by Section 25-2-894 ( Accessory Uses For A Principal Commercial Use ); or

(iii)

in a traditional neighborhood (TN) zoning district; or

(b)

located 540 feet or less from property in:

(i)

an SF-5 or more restrictive zoning district;

(ii)

a TN district; or

(iii)

a development reserve (DR) zoning district.

(2)

A use listed in Subsections 1.2.2(K)-(Q) of Subchapter F ( Residential Design and Compatibility Standards ), if the owner has agreed to comply with the requirements of this article in a manner prescribed by the director under Subsection 1.3.3 of Subchapter F.

(B)

In Subsection (A), a civic use is a:

(1)

college and university facilities use;

(2)

community recreation (private) use;

(3)

community recreation (public) use;

(4)

day care services (commercial) use;

(5)

park and recreation services (special) use;

(6)

private primary educational facilities use;

(7)

a private secondary educational facilities use;

(8)

a public primary educational facilities use;

(9)

a public secondary educational facilities use; or

(10)

a religious assembly use.

(C)

Under this article, residential property in a planned unit development (PUD) zoning district is treated as property in an SF-5 zoning district if the PUD land use plan establishes the density for the residential area at 12.44 units per acre or less.

Source: Sections 13-2-731(a) and (d) and 13-2-25(2); Ord. 990225-70; Ord. 031211-11; Ord. 20061130-064; Ord. 20080618-093.