Section 19
COMMUNITY UNIT PLAN

19-010 COMMUNITY UNIT PLAN

The owner or owners of any tract of land comprising an area of not less than twenty (20) acres may submit to the Governing Body of Tonganoxie City a plan for the use and development of the entire tract of land for residential purposes. The Development Plan shall be referred to the City Planning Commission for study and report and for public hearing. If the Planning Commission approves the Development Plan, the plan, together with the recommendation of the Planning Commission, shall be accompanied by a report stating the reason for approval of the application and specific evidence and facts showing that the proposed community unit plan meets the following conditions:

A.    That property adjacent to the area included in the plan will not be adversely affected.

B.    That the plan is consistent with the intent and purpose of this ordinance to promote public health, safety, morals and general welfare.

C.    That the buildings shall be used only for single family dwellings, two family dwellings or multiple dwellings and the usual accessory uses such as garages, storage space and community activities, including but not limited to, churches, schools, day care facilities, parks, playgrounds, and recreational facilities.

D.    That the average lot area per family contained in the site, exclusive of the area occupied by streets, will be no less than the lot area per family required in the district in which the development is located.

If the Governing Body approves the Community Unit Plan, building permits and certificates of occupancy may be issued even though the use of land, the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.

19-011 NOTE OF EXPLANATION

The “Community Unit Plan” is for mixed uses in that it allows all types of residential uses plus any uses directly related to residential uses such as churches, schools, day care facilities, parks, playgrounds, recreational faculties, etc. There are few regulations, only guidelines making it possible for a creative developer to bring in a plan for a ’community’ or a neighborhood. Cluster development could also be incorporated into this zone.

The Planned Residential district is for multi-family development only and is regulated in order to maintain a suitable development that buffers between commercial and single-family residential uses. Cluster development for multi-family dwellings is encouraged.