The “R-3” District is intended and designed to provide for certain medium density residential areas of the City now developed with one-family, two-family and multiple-family dwellings, and areas where similar residential development seems likely to occur.
1. Principal Permitted Uses. Only the uses of structures or land listed in this section shall be permitted in the “R-3” District.
A. One-family dwellings, to include manufactured homes and family homes in accordance with the following definitions:
(1) Manufactured home, provided it is located and installed according to the same standards for a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. “Manufactured home” means a structure built according to construction standards promulgated by the United States Department of Housing and Urban Development under authority of 42 U.S.C. Sec. 5403.
(2) Family homes, a community based residential home which is licensed as a residential care facility or as a child foster care facility to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel.
B. Two-family dwellings.
C. Multiple-family dwellings, including row housing, cooperative apartment houses and condominium units. (Maximum of six units per row.)
D. Alterations and conversions of single-family dwellings into two-family dwellings in accordance with the lot area, frontage and yard requirements as set forth in this section and the fire separation provisions of the Building Code.
E. (Repealed by Ord. 08-21-2017 #4 (465) – Dec. 17 Supp.)
F. Churches, cathedrals, temples, and similar places of worship, provided that all principal buildings be set back a minimum of fifty (50) feet from all property lines.
G. Museums, libraries, parks and playgrounds, community centers and similar uses operated by the City.
H. Golf courses, country clubs, tennis courts and similar recreational uses, provided that any such use be not operated primarily for commercial gain.
I. Public and parochial schools, elementary and secondary, and other educational institutions having established current curriculum the same as ordinarily given in the Southeast Polk public school system, but excluding boarding schools, nursery schools and child care centers, provided that all principal buildings are set back a minimum of fifty (50) feet from all property lines.
J. Zero lot line dwellings, including semi-detached duplex and townhomes, of not more than six (6) units in a continuous row.
K. Nursing, convalescent and retirement homes.
L. Child care centers and nursery schools.
2. Permitted Accessory Uses.
A. Uses of land and or structures customarily incidental and subordinate to one of the principal permitted uses, unless otherwise excluded.
B. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
C. Swimming pools when enclosed by a non-climbable barrier at least six (6) feet in height, and residential swimming pools when enclosed by a non-climbable barrier at least four (4) feet in height.
(Ord. 07-02-2018 #04 (496) – Dec. 18 Supp.)
D. Private plant nurseries and greenhouses not exceeding two hundred forty (240) square feet of floor area and not involving retail or wholesale sales.
E. TV Dish Antennas in accordance with Chapter 167.11 of the Zoning Code - General Regulations.
F. Accessory uses in the “R-3” District are exempt from the size limitations contained in Section 167.04
G. Signs in accordance with Chapter 159 of this Code of Ordinances.
3. Permitted Conditional Uses.
A. Home occupations. A conditional use permit must be applied for and received from the Board of Adjustment for a home occupation which does not meet the requirements set forth in Section 167.15 of the Zoning Code - General Regulations.
B. Communication towers (freestanding type), see section 167.12 of the Zoning Code – General Regulations.
C. Communication towers (building-supported type), see Section 167.13 of the Zoning Code – General Regulations.
D. Wind Energy Conversion Systems (WECS), see section 167.14 of the Zoning Code – General Regulations.
E. Bed and Breakfast.
(Ord. 08-21-2017 #4 (465) – Dec. 17 Supp.)
F. Model Home. Shall not be operated at any time other than between the hours of 9 am to 7 pm on Monday thru Saturday and noon to 5 pm on Sunday. These hours may be reduced by the Board of Adjustment as a condition of an approved conditional use permit. This use does not include offices for contractors, which are not allowed in residential zoning districts. A model home certificate of occupancy is required for the term of the conditional use. A conditional use permit for a model home may be allowed for up to an 18-month period.
(Ord. 4-15-2019 #03 (520) – Jun. 19 Supp.)
4. Bulk Regulations. The following minimum requirements shall be observed, subject to the modifications contained in Section 167.07.
A. Minimum Lot Area: 9,000 square feet.
B. Maximum Density: 20 dwelling units per acre.
C. Minimum Floor Area: Single-story dwellings – single-family – 1,150 square feet; two-family – 900 square feet per unit; if building is 2 or more stories, minimum total finished space not including basement, 1,350 square feet for single-family and 1,150 square feet for two-family; multiple-family – no living space requirements.
(Ord. 11-17-03#1(141) – 2004 Update)
D. Lot Width: Single-family – 70 feet; two-family – 85 feet; multi-family - 85 feet; corner lot - 85 feet.
E. Front Yard: Single-family and two-family - 30 feet; all other uses – 50 feet..
F. Side Yards: Single-family and two-family – 8 feet on each side; multiple-family - 11 feet on each side; other principal permitted uses - 50 feet.
G. Rear Yard: Single-family and two-family - 35 feet; other principal permitted uses – 50 feet.
H. Maximum Height: Principal building - 45 feet; Accessory building - 14 feet.
I. Maximum Number of Stories: Principal building - 3 stories; Accessory building - 1 story.
J. Additional requirements for multi-family dwellings:
(1) Site Plan submittal per Section 171.01.
(2) Twenty percent (20%) open space as a minimum.
(4) Public Improvements per City specifications.
(5) Public streets and utilities required for Townhomes.
(6) Private drives, parking and utilities allowed for Condominiums.
(7) Thirty-foot buffer where adjacent to single family or two-family residential.
(8) Multi-family dwellings only permitted on platted lots of record.
Summary of R-3 Bulk Regulations:
(A) Minimum Lot Area | 9,000 sq. ft. |
(B) Maximum Density | 20 units per acre |
(C) Minimum Floor Area | Single-story dwellings – single-family – 1,150 square feet; two-family – 900 square feet per unit; if building is 2 or more stories, minimum total finished space not including basement, 1,350 square feet for single-family and 1,150 square feet for two-family; multiple-family – no living space requirements. |
(D) Lot Width | 70 ft., single family 85 ft., two-family 85 ft., multi. family 5 ft. for corner lots 100 ft. if no sanitary sewer not available |
(E) Front Yard | 30 ft. for dwellings 50 ft. for any permitted use other than dwellings |
(F) Side Yard | 8 ft. each side, single family, two-family 11ft. each side, multi. family 3 ft. accessory buildings 50 ft. for all other permitted uses |
(G) Rear Yard | 35 ft. for single/two family 3 ft. accessory buildings 50 ft. for any permitted use other than single/two family |
(H) Maximum Height | 35 ft. principal buildings 14 ft. accessory buildings |
(I) Maximum Stories | 3 stories for principal buildings 1 story for accessory buildings |
5. Zero Lot Line Requirements. Townhomes, Condominiums, and semidetached duplexes, cooperatives, or any other form of attached real property transfer which utilize shared walls as part of the structure shall conform with the following requirements:
A. Covenants must be submitted which address all legal implications associated with shared walls.
B. Prior to construction, a registered land surveyor shall precisely stake the location of the structures. Verification shall be submitted to the building department prior to receiving a building permit.
C. Filing Requirements:
(1) Townhomes or any shared wall units where the property is transferred is subject to the following: Prior to filing or recording any documents relating to townhome ownership with the State or County officers, the declarant shall file with the City the townhome instruments, including any Declaration of Covenants and Restrictions, Articles of Incorporation, and By-Laws.
(2) Condominiums or any shared wall units where the property is not transferred is subject to the following: Prior to filing or recording any documents relating to townhome ownership with the State or County officers, the declarant shall file with the City the condominium instruments including the Declaration of Covenants and Restrictions, By-Laws, Plats, and Condominium Disclosure Statement or Articles of Cooperation.