Chapter 29 ZONING*
Section 29-8 District R-3, medium density multiple-family dwelling district.
(a) Purpose. This district is intended to provide for medium density
development. It may include a range of residential uses from one-family to fraternity and sorority
houses. The principal land use is a residential apartment-type dwelling.
(b) Permitted Uses. In district R-3, no building or land shall be used
and no building shall be
hereafter erected, constructed, reconstructed, or altered, except for one or more of the following
uses (For exceptions see section 29-28, Non-Conforming Uses, and section 29-31, Board of
Adult day care home.
All permitted uses in district R-2.
Boardinghouses or lodging houses.
Continuing Care Retirement Communities (CCRC) subject to the following conditions:
(1) Site size shall be a minimum of ten (10) acres.
(2) A CCRC shall be planned and constructed as a unified
(3) Uses located within a CCRC shall be owned and operated
by a single, properly licensed
entity or provided under a direct contract with the owner.
(4) The height and area requirements of section 29-8(d)
shall apply to any proposed
component of a CCRC.
(5) A twenty-five (25) foot perimeter setback shall
be provided around all sides of a CCRC.
(6) A CCRC development site shall retain or provide
an additional fifteen percent (15%)
landscaped area beyond that required by section 29-25. Such provision shall be exclusive of
those CCRC supportive facilities that may accompany the overall development.
(7) CCRC assisted living facilities and CCRC skilled
care nursing facilities shall be operated
by legal entities holding all required business licenses including certificates of need issued by the
appropriate state agency.
Fraternity or sorority houses and dormitories.
Family day care homes, day care centers, pre-school centers, nursery school, child play care
centers, child education centers, child experiment stations or child development institutions.
Group care homes for mentally retarded children.
(c) Conditional Uses. The following uses shall be permitted in district
R-3 only after the
issuance of a conditional use permit pursuant to the provisions of section 29-23:
Bed and Breakfast Establishment, subject to the following additional criteria:
(1) That not more than five (5) guest rooms shall be
(2) That in addition to meeting all parking requirements
of section 29-30, there shall be one
off-street parking space provided for each guest room.
(3) That there shall be no individual room cooking facilities
used for the bed and breakfast
(4) That the establishment shall be owner-occupied and
(5) That the establishment shall comply with all applicable
adopted city fire and building
codes and shall be inspected for such compliance by the
building and site development
of the city
department prior to an occupancy permit being granted.
(6) That only one wall-mounted sign, not exceeding eight
(8) square feet in size, shall be
(7) That meals may be served only to residents and overnight
Buildings and premises for public utility services or public service corporations, whose buildings
or uses the board deems reasonably necessary for public convenience or welfare.
Business, professional and governmental offices, subject to the following conditions:
(1) The office shall be located only in an institutional setting
such as on college, university or
(2) The office shall be located on a collector, arterial or local
(3) The conditional use permit shall
be valid for a period not to exceed two (2) years.
Renewal of the conditional use permit shall be treated as a new request for a conditional use
Cemeteries, which may include mausoleums thereon, for humans.
Commercial uses, ancillary. Ancillary commercial uses,
whether for-profit or not-for-profit,
which are accessory and subordinate in floor area to a permitted use, and are primarily an
amenity or service to the occupants and users of the permitted use, subject to the following:
(1) The commercial use, alone or in combination with other
small-scale commercial uses, shall
not exceed the lesser of twenty-five percent (25%) of the total floor area of the building or five
hundred (500) square feet. Where the proposed location of the conditional use is within a unified
development of multiple buildings under single ownership and control, or a single building
totaling greater than fifty thousand (50,000) square feet, the Board of Adjustment may consider a
larger space for the ancillary commercial use provided it complies with the other standards of
(2) There shall be no outdoor advertising pertaining to the
ancillary commercial use other than
a single wall-mounted nameplate not to exceed four (4) square feet of area.
(3) The commercial use shall not involve the sale of age-restricted
products such as alcohol,
tobacco and firearms.
(4) The commercial use shall not generate noise or traffic
in excess of the levels expected if the
entire premises were used for permitted uses.
(5) Hours of operation shall be limited to not earlier than
6:00 a.m. nor later than 10:00 p.m.
(6) There shall be no additional parking
required for the ancillary commercial use.
Counseling centers operated by charitable or not-for-profit organizations; excluding any use
connected with penal or correctional institutions.
Halfway houses for not more than eight (8) occupants, provided that the board finds that the
proposed use would not be detrimental to the public interest considering the size and character of
the proposed facility and its proximity to schools, churches, mosques, synagogues, residences,
other halfway houses and halfway houses for young offenders.
Home occupations, subject to the criteria listed for home occupations in Section 29-6(b); except
that the home occupation may be carried out by occupants of the dwelling unit as well as by one
full-time forty-hour individual or two one-half time (twenty hours each) individuals who do not
reside in the dwelling unit. In addition, the Board may allow that not more than forty (40) percent
of the total floor area of the dwelling unit and garage shall be devoted to the home occupation. A
conditional use permit for a home occupation shall expire three (3) years from the date of
approval, after which a new conditional use permit may be requested.
Private outdoor swim and tennis clubs.
Reservoirs, wells, water towers, filter beds, water supply plants, or water pumping stations.
Reuse of places of public assembly with the same conditions and restrictions as set forth in
Temporary Shelter, subject to the following:
(1) An application for a conditional use permit for a temporary shelter shall include information
about the size and design of the structure, population groups served, length of stay permitted,
maximum design capacity and support services provided. These items shall be used to determine
if the facility is in conformance with the character of the adjacent area.
(2) A temporary shelter shall not be located within one thousand (1,000) feet of another
(3) The minimum lot area for a temporary shelter shall be 7,500 square feet. If a proposed
temporary shelter structure is larger than 2,500 square feet of gross floor area there shall be
provided an additional 1,500 square feet of lot area for each additional 500 square feet of gross
floor area within the structure.
(4) The shelter shall submit a semi-annual report to the
building and site development
department, stating maximum monthly occupancy level and support
services provided by the shelter.
(d) Height and Area Regulations. In district R-3 any building, portion
of a building, or
dwelling hereafter erected, constructed, reconstructed, or altered shall be subject to the following
regulations (for exceptions, see section 29-26, Height and Area Exceptions,):
(1) Lot size. Not less than seven thousand five
hundred (7,500) square feet and at least two
thousand five hundred (2,500) square feet per family, provided that where a lot has less area than
herein required in single ownership but not less than five thousand (5,000) square feet at the time
of the passage of Ordinance No. 9958, this regulation shall not prohibit the erection of a one-family
(1.1) CCRC Developments
Lot size and density. There shall be no minimum lot size for
attached or detached residential dwellings within a CCRC development. Lot area for such units
shall be depicted upon the unified development plan and the density of such areas shall not
exceed 5.8 units per acre based on the net developable acreage. Portions of a CCRC utilized for
apartments, assisted living or skilled care nursing shall not exceed a density of 17 units per acre
based on the net developable acreage. Except as specifically noted within this subsection, all
other provisions relating to lot width, setbacks (yards) and floor area ratios, as shown within this
section 29-8, shall apply to a CCRC.
(2) Lot width. Not less than sixty (60) feet at
the building line, provided that where a lot has
less width than herein required, in separate ownership at the time of the passage of Ordinance
No. 9958, this regulation will not prohibit the erection of a one-family dwelling.
a. Front--Not less than twenty-five
b. Rear--Not less than twenty-five
c. Side--Not less than ten (10)
feet, provided at least fifteen (15) feet be provided on the
street side of a corner lot.
(4) Building height. Not over thirty-five (35)
(5) Vision clearance. On any corner lot on which
a front or side yard is required, no wall,
fence, sign, or other structure or no plant growth of a type which would interfere with traffic
visibility across the corner shall be permitted or maintained higher than three (3) feet above the
curb level within fifteen (15) feet of the intersection of the street right-of-way lines.
(6) Floor area:
a. One-family--Not less
than six hundred fifty (650) square feet excluding basements,
porches and garages.
b. Two-family--Not less than
five hundred (500) square feet per dwelling unit excluding
basements, porches and garages.
c. Multiple-family--Not less
than four hundred (400) square feet per dwelling unit,
excluding basements, porches and garages.
(7) Parking. (See section 29-30, Off-Street Parking
Access to buildings in an apartment complex,
CCRC assisted living facility or CCRC
skilled care nursing facility
. In apartment complexes,
CCRC assisted living facilities and CCRC
skilled care nursing facilities,
there shall be a minimum distance between all buildings that are
not directly connected of twelve (12) feet. An access driveway for ingress and egress with a
permanent dust-free paved surface shall be provided for all apartment complexes
, CCRC assisted
living facilities and CCRC skilled care nursing facilities
. Such driveway shall be a minimum of
feet wide. No parking shall be allowed in the driveway. The driveway and all
buildings shall be located in such a manner as to provide access to all buildings by emergency
(Code 1964, § 19.152; Ord. No. 9958, § 1, 10-3-83; Ord. No. 11702, § 1, 12-7-87; Ord.
13526, § 1, 12-7-92; Ord. No. 14777, § 1, 3-4-96; Ord. No. 14940, § 1, 8-19-96; Ord.
§ 1, 2-3-97; Ord. No. 15843, § 1, 12-21-98; Ord. No. 16816, § 1, 3-5-01; Ord. No. 19438,
§ 1, 3-5-07; Ord. No. 20835, § 1, 1-3-11; Ord. No. 21095, § 13, 9-19-11)
(Ord. 21095, Amended, 09/19/2011, Prior Text; Ord. 20835, Amended, 01/03/2011, Prior Text; Ord. 19438, Amended, 03/05/2007, Prior Text; 16816, Amended, 03/05/2001, Prior Text; 15843, Amended, 12/21/1998, Prior Text; 15134, Amended, 02/03/1997, Prior Text)