Section 29-8 District R-3, medium density multiple-family dwelling district.


Prior to the adoption of Ord. 19438 on 03/05/2007, Section 29-8 read as follows.


    (a) Purpose. This district is intended to provide for medium density multiple-family residential 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 Adjustment):

Adult day care home.
 
    All permitted uses in district R-2.

Apartment houses.

Boardinghouses or lodging houses.

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 allowed.

    (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 stay.

    (4)    That the establishment shall be owner-occupied and managed.

    (5)    That the establishment shall comply with all applicable adopted City fire and building codes and shall be inspected for such compliance by the Protective Inspection Division of the city public works 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 allowed.

    (7)    That meals may be served only to residents and overnight guests.

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 hospital property.

(2)    The office shall be located on a collector, arterial or local non-residential street.

    (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 permit.

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 this section.

(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. daily.

    (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 lakes.

Private outdoor swim and tennis clubs.

Private stables.

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 section 29-6.

    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 temporary shelter.

(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 protective inspection division of the public works 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 dwelling.

    (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.

    (3)    Yards:

        a.    Front--Not less than twenty-five (25) feet.

        b.    Rear--Not less than twenty-five (25) feet.

        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) feet.

    (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 and Loading.)

    (8)    Access to buildings in an apartment complex. In apartment complexes there shall be a minimum distance between all buildings 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 of thirty-six (36) units or more. Such driveway shall be a minimum of sixteen (16) 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 vehicles.

(Code 1964, § 19.152; Ord. No. 9958, § 1, 10-3-83; Ord. No. 11702, § 1, 12-7-87; Ord. No. 13526, § 1, 12-7-92; Ord. No. 14777, § 1, 3-4-96; Ord. No. 14940, § 1, 8-19-96; Ord. No. 15134, § 1, 2-3-97; Ord. No. 15843, § 1, 12-21-98; Ord. No. 16816, § 1, 3-5-01)