§ 156.058 R-3 MULTIFAMILY RESIDENCE DISTRICT.
   (A)   Description of District. This district is composed of certain medium-density residential areas representing compatible co-mingling of single-family, two-family and multifamily dwellings, including certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of medium-density dwellings plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents living in the district. Large apartments, with corresponding proportions of open space, also may be developed under prescribed standards of density and open space. In addition to large areas allocated for this district, it has useful application as a buffer on transition zone along highways, major streets and bordering shopping centers.
   (B)   Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:
      (1)   Residential uses.
         (a)   Single-family detached dwellings.
         (b)   Two-family dwellings.
         (c)   Multifamily dwellings.
         (d)   Small community residence, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a small community residence. No dwelling unit shall be occupied by a small community residence until a certificate of occupancy has been issued by the Village Administrator.
            1.   No certificate of occupancy shall be issued for a small community residence unless:
               a.   The small community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
               b.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed small community residence or that the proposed small community residence is licensed or certified or eligible for licensing or certification.
            2.   The Village Administrator may revoke a certificate of occupancy for a small community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
         (e)   Large community residences, provided that the residence's sponsoring agency and/or owner must first obtain an administrative occupancy permit prior to establishing a large community residence. No dwelling unit shall be occupied by a large community residence until a certificate of occupancy has been issued by the Village Administrator.
            1.   No certificate of occupancy shall be issued for a large community residence unless:
               a.   The large community residence is located at least 1,000 feet from any other community residence, as measured from lot line to lot line; and
               b.   The applicant demonstrates that it has either obtained or is eligible for state or local licensing or certification to operate the proposed large community residence or that the proposed large community residence is licensed or certified or eligible for licensing or certification.
            2.   The Village Administrator may revoke a certificate of occupancy for a large community residence if its license or certification, or the operator/owner's license or certification to operate community residences is revoked or not issued within a reasonable period of time. An administrative certificate of occupancy is not transferable to another operator/owner or to another location.
      (2)   Public, quasi-public, and governmental buildings and facilities, such as but not limited to:
         (a)   Public, quasi-public and governmental buildings permitted in the R-1 District.
         (b)   Churches and other places of worship, provided that the property for the use fronts on a primary or secondary thoroughfare so designated in the comprehensive plan.
   (C)   Special uses permitted. The following uses shall be permitted only if specifically authorized by the Zoning Board of Appeals as allowed in §§ 156.190 through 156.202.
      (1)   Similar and compatible uses to those allowed as “permitted uses” in this District.
      (2)   Country clubs, tennis clubs, swimming pools, and similar recreational uses.
      (3)   Planned unit developments.
      (4)   Convalescent or nursing home.
      (5)   Private schools or colleges.
      (6)   Clubs, lodges, social or recreational buildings or properties; not-for-profit.
      (7)   Hospitals, clinics, and sanitariums.
      (8)   Nursery school, day nursery, and child care center; at least 150 square feet of outdoor play area must be provided for each child that is cared for.
      (9)   Mobile home park.
      (10)   Small community residences located within 1,000 feet of another community residence, as measured from lot line to lot line.
      (11)   Large community residences located within 1,000 feet of another community residence.
   (D)   Temporary permit uses permitted. Upon application to the Planning and Zoning Commission, review and recommendation by the Planning and Zoning Commission, and issuance by the Village Board of a permit therefor, the following uses may be operated as temporary uses:
      (1)   Temporary permit uses permitted in the R-1 District.
   (E)   Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or conditional permitted use may be permitted, provided that they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted uses and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:
      (1)   Accessory uses permitted in the R-1 district.
      (2)   Home occupations.
      (3)   Roomers or boarders, not to exceed two by a resident family.
      (4)   Professional office of resident in his dwelling involving the employment of not to exceed one person not a resident of the premises.
   (F)   Prohibited uses. All uses not expressly authorized in divisions (B) through (E) of this section, including but not limited to:
      (1)   Hotels and motels.
      (2)   Commercial uses.
      (3)   Industrial uses.
      (4)   Signs and billboards.
      (5)   Air-inflated and air-supported structures, excluding temporary inflatable playground structures.
      (6)   Sexually oriented businesses, as defined in Chapter 115.
      (7)   Detached garages.
   (G)   Site and structure requirements.
      (1)   Minimum lot area. A separate ground area of not less than 10,000 square feet for single-family use, 15,000 square feet for two-family use, with at least 5,000 square feet for each additional multifamily dwelling unit of one or two bedrooms, with an additional 500 square feet for each bedroom over two bedrooms in the multifamily units, and 6,000 square feet for other uses, shall be designated, provided and continuously maintained for each permitted or special use.
      (2)   Minimum lot width. A minimum lot width of 80 feet shall be provided for each lot used for a permitted or special use.
      (3)   Front yard. All structures shall be set back at least 30 feet from the front lot line.
      (4)   Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet on the least side. Side yard setback requirement does not apply to the shared property line where multifamily structures are attached at a common wall.
      (5)   Rear yard. All structures shall be set in a distance of not less than 25 feet from the rear lot line.
      (6)   Maximum height. No principal structure shall exceed three stories or 30 feet in height, and no accessory structure shall exceed one story on 15 feet in height, except as provided in §§ 156.020 through 156.028.
      (7)   Floor area ratio. Not to exceed .5.
      (8)   Minimum size of dwelling. Each single- family detached dwelling shall contain at least 1,200 square feet of liveable floor area, each two-family dwelling shall contain at least 1,000 square feet of liveable floor area for each dwelling unit, and each multifamily dwelling shall contain at least 1,000 square feet of liveable floor area for each dwelling unit.
      (9)   Mobile home parks. The maximum number of mobile homes shall not exceed a density of six mobile homes per acre, and all design standards shall conform to the Minimum Property Standards for the Mobile Home Courts published by the Federal Housing Administration.
   (H)   Special provisions.
      (1)   Parking requirements.
         (a)   Every detached and attached single-family dwelling unit shall include a two-car attached garage.
         (b)   Any additional requirements in accordance with the applicable regulations set forth in §§ 156.150 through 156.151.
      (2)   Sign requirements. In accordance with the applicable regulations set forth in §§ 156.160 through 156.179.
      (3)   Trucks. Parking of trucks on residential properties in accordance with the applicable regulations set forth in § 156.033.
      (4)   Recreational vehicles. In accordance with the applicable regulations set forth in § 156.034.
      (5)   Tents. Tents shall not be erected, used, or maintained on any lot, except such small tents that are customarily used for temporary recreational purposes.
      (6)   Driveways. The construction of all driveways shall be in accordance with § 154.52.
      (7)   Ancillary buildings, structures or uses subject to § 156.031.
(Ord. 95, passed 4-5-71; Am. Ord. 599, passed 7-2-90; Am. Ord. 632, passed 1-7-91; Am. Ord. 1501, passed 8-20-07; Am. Ord. 1570, passed 1-19-09; Am. Ord. 2018, passed 7-6-20)