§ 152.027 RESIDENTIAL ZONE R-3.

   In an R-3 Zone, the following regulations shall apply.

   (A)   Uses permitted outright. In an R-3 Zone, the following uses and their accessory uses are permitted, subject to the provisions of §§ 152.055 through 152.076, 152.115 through 152.117, and 152.225 through 152.235 where applicable.

      (1)   A single-family dwelling built on the site;

      (2)   Manufactured home, including single-wide mobile homes;

      (3)   A temporary manufactured dwelling or recreational vehicle used for dwelling purposes during the construction of a permitted use for which a building permit has been issued, provided the temporary manufactured dwelling or recreational vehicle:

         (a)   Is located during the time the construction is underway; and

         (b)   Will not remain more than one year from date of placement or 30 days following substantial completion, whichever is earlier.

      (4)   Agricultural use of land provided that no livestock shall be raised or kept on the premises and provided further that no commercial structure shall be constructed or maintained on the premises;

      (5)   Recreational vehicle (unoccupied) or boat, stored on a lot in combination with an approved building;

      (6)   Pre-fabricated or modular dwelling;

      (7)   Two-family dwelling;

      (8)   Multi-family dwelling;

      (9)   Condominiums;

      (10)   Residential facility;

      (11)   Residential homes;

      (12)   Family day care provider;

      (13)   Transparent occupation; and

      (14)   Commercial fishing gear storage at the gear owner’s dwelling or adjacent lot under the same ownership. The gear must be stored in a neat and orderly manner and must be non-toxic, non-hazardous, and cause no odor off-site.

   (B)   Conditional uses permitted. In an R-3 Zone, the following uses and their accessory uses are permitted, subject to the provisions of §§ 152.055 through 152.076, 152.115 through 152.117, 152.130 through 152.136, and 152.225 through 152.235 where applicable:

      (1)   Cemetery;

      (2)   Church, non-profit religious, or philanthropic institution;

      (3)   Community center;

      (4)   Day nursery, nursery school, kindergarten, or similar facility;

      (5)   Governmental structure or use of land;

      (6)   Home occupation;

      (7)   Golf course or country club, but excluding golf driving range, miniature golf course, or similar facility;

      (8)   Private non-commercial recreation club, such as tennis, swimming, or archery club, but excluding commercial amusement or recreation enterprises;

      (9)   Public park, playground, or swimming pool;

      (10)   Public school or private school offering curricula similar to public school;

      (11)   Public or private utility facility;

      (12)   Radio or television transmitter or tower;

      (13)   Solid waste disposal transfer station;

      (14)   Mobile home park/manufactured dwelling park; and

      (15)   Recreation vehicles on individual lots.

   (C)   Standards. Except as provided in §§ 152.055 through 152.076, 152.115 through 152.117, and 152.130 through 152.136 in an R-3 Zone, the following standards shall apply.

      (1)   Lot size and dimensions. The minimum lot size and dimensions in an R-3 Zone shall be as follows:

         (a)   The lot area shall be 5,000 square feet for a one-family dwelling. The minimum lot area shall be 3,750 square feet per dwelling unit for a multi-family dwelling;

         (b)   The minimum lot width at the front lot line shall be 50 feet for an interior lot and 55 feet for a corner lot, except flag lots. The staff of a flag lot shall have a minimum width and frontage of not less than 25 feet;

         (c)   The minimum lot depth shall be 80 feet; and

         (d)   Lot area for ocean front lots with intervening ownership which does not prevent coastal erosion from progressive deterioration of the property shall be determined by the amount of area from the line of mean high water to the landward extent of the property.

      (2)   Yards. The minimum yard requirements in the R-3 Zone shall be as follows:

         (a)   The front yard shall be a minimum of 20 feet;

         (b)   Each side yard shall be a minimum of either five feet or one foot for each three feet of building height, whichever requirement is the greater;

         (c)   The street side yard shall be a minimum of 20 feet, except this may be reduced by one foot for each foot the average lot width is less than 60 feet, however, no street side yard shall be less than ten feet (see LOT WIDTH in § 152.003 of this chapter for method of calculation);

         (d)   The rear yard shall be a minimum of ten feet, except that on a corner lot, it shall be a minimum of either five feet or one foot for each three feet of building height, whichever requirement is the greater; and

         (d)   No structure shall be located closer than 60 feet from the center line of any state highway.

      (3)   Building height. No building in the R-3 Zone shall exceed a height of 30 feet.

(Ord. 24, passed 4-5-1976; Ord. 71, passed 8-19-1980; Ord. 130, passed 4-6-1987; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 187, passed 2-16-1993; Ord. 236, passed 12-16-1996; Ord. 256, passed 4-6-2004; Ord. 268, passed 11-2-2004; Ord. 287, passed 5-4-2010) Penalty, see § 152.999