Sec. 9-503. - Land uses in HOU tier one.
(a) Nonresidential uses. Nonresidential uses are permitted in tier one as follows:
(1) Public assembly uses and sensitive land uses.
a. No permit shall be issued for the establishment of a new public assembly use or sensitive land use except as provided in paragraph d. of this item.
b. An existing public assembly use or sensitive land use shall be permitted to enlarge within or renovate an existing structure where it is located, provided that any physical expansion of the structure meets a 45 dBA interior sound level.
c. An existing public assembly use or sensitive land use shall be permitted to construct new structures within the land area of a master plan for the entity, provided that any new structure meets a 45 dBA interior sound level.
d. A new public assembly use or sensitive land use shall be permitted under the following conditions:
[1] The new use shall be located in a structure that meets a 45 dBA interior sound level; and
[2] The owner grants the city an avigation easement and release over the affected property.
(2) Hotels and motel lodging uses.
a. A new hotel or motel use shall be permitted provided that the structure meets a 45 dBA interior sound level where central HVAC is used. For hotels and motels wishing to utilize through wall systems, all other sound insulation requirements will apply.
b. An existing hotel or motel use shall be permitted to enlarge within or renovate an existing structure where it is located, provided that any physical expansion of the structure meets a 45 dBA interior sound level where central HVAC is used. For hotels and motels wishing to utilize through wall systems, all other sound insulation requirements will apply.
(3) Commercial and employment uses. All uses shall be permitted unless otherwise proscribed above.
(b) Residential uses. An existing, unmodified residential use shall be allowed to continue. Enlargement, replacement, or reconstruction of an existing residential use shall not increase the density or the intensity of the use. A residential use in tier one is further allowed as follows:
(1) An existing single family use will be permitted to renovate the livable area of an existing structure in which it is located if the renovation is entirely contained within the existing livable area of the structure, provided the use will not involve the subdivision of the property on which the existing single family use is located.
(2) An existing single family use will be permitted to enlarge the livable area of an existing structure in which it is located under the following conditions:
a. The use is located on a residential lot within an existing platted subdivision, or valid deed restrictions prohibit the use of the property for other than residential use;
b. The use will not involve the subdivision of the lot on which the existing single family use is located; and
c. The newly constructed livable area shall meet a 45 dBA interior sound level.
(3) An existing single family use will be permitted to convert existing non-livable area located wholly within an existing structure provided the use will not involve the subdivision of the lot on which the existing single family use is located.
(4) An existing single family use will be permitted to be replaced after a casualty under the following conditions:
a. The livable area shall meet a 45 dBA interior sound level.
b. The use will not involve the subdivision of the property on which the existing single family use is located.
(5) A new single family residential use shall be permitted under the following conditions:
a. The use is located on a residential lot within an existing platted subdivision, or valid deed restrictions prohibit the use of the property for other than residential use;
b. The construction shall meet a 45 dBA interior sound level; and
c. The use will not involve the subdivision of the lot on which the existing single family use is located.
(6) An existing multifamily use will be permitted to renovate an existing structure provided the use will not increase the density of development as shown by a filed subdivision plat or development plat, measured in dwelling units per acre. The applicant shall be required to demonstrate to the satisfaction of the director the density prior to the application for the residential building permit.
(7) An existing multifamily use will be permitted to enlarge an existing structure under the following conditions:
a. The use will not increase the density of development as shown by a filed subdivision plat or development plat, measured in dwelling units per acre. The applicant shall be required to demonstrate to the satisfaction of the director the density prior to the application for the residential building permit; and
b. An enlargement shall meet or shall be located in a structure that meets a 45 dBA interior sound level.
(8) An existing multifamily use will be permitted to be replaced after a casualty under the following conditions:
a. The livable area shall meet a 45 dBA interior sound level;
b. The use will not involve the subdivision of the lot on which the existing multifamily use is located; and
c. The use will not increase the density of development as shown by a filed subdivision plat or development plat, measured in dwelling units per acre. The applicant shall be required to demonstrate to the satisfaction of the director the density prior to the application for the residential building permit.
(9) A new multifamily residential use shall not be permitted.
(10) No new mobile or manufactured home parks or subdivisions shall be permitted.
(Ord. No. 08-1052, § 2, 12-3-08; Ord. No. 2011-221, § 3, 3-23-2011)