§ 154.059 R-5 URBAN RESIDENTIAL MIXED.
   (A)   Generally. This zone is composed of single-family, two-family and multi-family with a maximum density of 12 dwelling units per acre. This district is primarily encouraged in area closer to the city core.
   (B)   Principal uses. Uses substantially similar to those listed herein shall also be permitted, in light of the above described purposes of this zoning district and the comprehensive plan.
      (1)   Assembly uses:
         (a)   Churches and associated facilities;
         (b)   Neighborhood center; and
         (c)   Schools for academic instruction and associated facilities.
      (2)   Commercial uses:
         (a)   Assisted living facilities when located in an existing building;
         (b)   Government operated parks; and
         (c)   Communications towers/poles or collocations of equipment for the same, when erected by or on property owned by a public entity or public utility.
      (3)   Residential uses:
         (a)   Agricultural uses excluding open or enclosed feedlot operations;
         (b)   Multi-family residences;
         (c)   Residential care facility;
         (d)   Single-family attached residences (two residences);
         (e)   Single-family attached residences (three or more residences);
         (f)   Single-family detached residences; and
         (g)   Two-family residences.
   (C)   Accessory uses. Uses which are customarily accessory, clearly incidental and subordinate to principal uses.
      (1)   Residential uses:
         (a)   Childcare centers, in home. Centers shall comply with all requirements as regulated by the commonwealth’s Department of Families and Children;
         (b)   Home occupations;
         (c)   Keeping of not more than two roomers or boarders without kitchen facilities;
         (d)   Living quarters with cooking facilities and not rented for guests and employees of the premises;
         (e)   Private garages, private storage sheds and private parking areas;
         (f)   Private swimming pools and tennis courts, private non-commercial parks and open spaces; and
         (g)   Short-term rental, owner occupied.
      (2)   Commercial uses:
         (a)   Assisted living facility café and food service facilities open to the public no more than eight hours per day and containing seating for less than 100 persons and no alcohol sales permitted; and
         (b)   Office when located within the building of a permitted commercial use and containing no greater than 400 square feet and no separate entrance is provided.
   (D)   Conditional uses. Uses permitted only with Board approval after consideration of the intent and purpose of these regulations and consideration of the guidelines as detailed in the comprehensive plan.
      (1)   Assembly uses:
         (a)   Community centers (YMCA, YWCA, senior center);
         (b)   Private club; and
         (c)   Events center.
      (2)   Commercial uses:
         (a)   Cemetery;
         (b)   Outdoor commercial recreation facilities such as zoos, riding stables, fishing lakes, swimming pools, tennis courts and campgrounds; and
         (c)   Temporary real estate sales office for the sale of lots located only within the subdivision, to be removed or converted to a principal use when all lots are sold, but not for use as a general real estate sales or rentals.
   (E)   Special provisions.
      (1)   Single-family attached and multi-family residences shall not contain more than four units per building.
      (2)   When new construction or additions are made to an existing structure, the structure or addition may be located on the lot with setbacks the same as other similar residential structures on parcels within 500 feet.
      (3)   All multi-family structures shall provide foundation plantings along areas visible from parking areas or street rights-of-way.
      (4)   No parking for multi-family shall be allowed in the required front yard.
      (5)   Structures are encouraged to place the front facade of the building facing the primary street frontage.
      (6)   No subdivision or re-subdivision of a lot that results in a lot fronting on a right-of-way of less than 30 feet in width shall be permitted.
      (7)   Single-family detached zero lot line developments are required to designate on the subdivision plat which side yard will have zero-foot setback. All single-family detached zero lot line developments shall have maintenance/access/use easements and when necessary, drainage easements, provided on adjacent lots and at a width of not less than ten feet. Adjacent lots shall not place any building within this easement.
      (8)   If all parking and maneuvering areas are placed to the rear of the structure the front yard setback may be decreased to 15 feet.
      (9)   If a multi-family development in the R-5 zone is adjacent to publicly owned open space containing a minimum of two and one-half acres then the minimum lot area per dwelling unit shall be calculated to allow the maximum allowed density, disregarding the zoning of the abutting properties.
      (10)   The minimum frontage for corner lots may be reduced to the minimum lot frontage criteria when access is restricted along the street frontage of the lot.
      (11)   EVENTS CENTERS are defined as a restricted use of a residential property for the conduct of special events of a limited size and number. SPECIAL EVENTS are defined as wedding receptions, luncheons, meetings, fundraising proceedings for not-for-profit organizations or similar activities. The space utilized in a residential dwelling unit shall not exceed 3,500 square feet. The number of events held may not exceed 75 per year. To qualify as an event center use, the residential dwelling unit must be located within the Downtown Neighborhood Sub-Area as identified in the comprehensive plan.
      (12)   For short-term rental, owner occupied, the dwelling unit is limited to one short-term rental contract at a time; the number of occupants in the dwelling unit during a short-term rental shall not exceed two times the number of bedrooms plus four individuals, notwithstanding restrictions of the applicable building or property maintenance code; and the dwelling unit is limited to ten short-term rental days each calendar year.
   (F)   Lot criteria.
Minimum lot frontage, single-family detached
50 ft.
   Exception: Corner lots, minimum frontage
100 ft. each street frontage
Minimum lot frontage, single-family attached and two-family
30 ft. D.U.
   Exception: Corner lots, minimum frontage
65 ft. each street frontage
Minimum lot frontage, multi-family
100 ft.
   Exception: Corner lots, minimum frontage
185 ft. each street frontage
Minimum lot frontage, single-family attached (3 or more residences)
20 ft. D.U.
   Exception: Corner lots
65 ft. each street frontage
Minimum lot frontage, assembly and commercial
100 ft.
   Exception: Corner lots, minimum frontage
150 ft. each street frontage
Minimum lot area, per dwelling unit, except multifamily
8,712 sq. ft. when abutting R-1
5,124 sq. ft. when abutting R-2
3,630 sq. ft. when abutting all other zones
Minimum lot area, per dwelling unit, multifamily
3,630 sq. ft.
Minimum front yard setback
25 ft.
Minimum front yard setback, assembly and commercial
30 ft.
Minimum side yard setback, single-family detached
10 ft.
Minimum side yard setback, single-family detached zero lot line
15 ft. one side yard, 0 ft. other side yard
Minimum side yard setback, single-family attached (2 residences)
10 ft. each end wall, 0 ft. each common wall
Minimum side yard setback, multi-family and single-family attached (3 or more residences)
20 ft. each end wall, 0 ft. each common wall
Minimum side yard setback, assembly and commercial
20 ft.
Minimum rear yard setback, single-family and single-family attached (2 residences)
15 ft.
Minimum rear yard setback, multi-family and single-family attached (3 or more residences)
30 ft.
Minimum rear yard setback, assembly and commercial
20 ft.
Maximum impervious surface ratio (I.S.R.), multi- family, single-family attached (3 or more residences), commercial and assembly uses
.80
Maximum building height, single-family, and two- family
35 ft.
Maximum building height, multi-family
45 ft.
Maximum building height, commercial and assembly uses
75 ft.
Note: For the purposes of this chapter abutting shall address each lot line to determine applicable setbacks for each yard
 
   (G)   Signs, R-5 Zone. Additional information and standards for signs as well as specific requirements are found in §§ 154.205 through 154.217.
R-5 Signs
Use
Allowed Types
Maximum Number
Maximum Sign Area
Maximum Height
Location Require- ments
Lighting Allowed
Additional Require- ments
R-5 Signs
Use
Allowed Types
Maximum Number
Maximum Sign Area
Maximum Height
Location Require- ments
Lighting Allowed
Additional Require- ments
Assembly Use
 
Wall
Wall: 1/wall
Wall: 15%
 
10 ft. off paved surface
Yes
Wall sign: 15% or 32 sq. ft.,
whichever is
greater
Monume nt
Mon.: 1/street
Mon.: 100
sq. ft.
Mon.: 8 ft.
 
Pole
Pole: 1/street
Pole: 50
sq. ft.
Pole: 8 ft.
 
Commercia l
Use
Wall
Wall:
1/wall
 
Wall: 15%
 
 
 
10 ft. off paved
surface
Yes
Wall sign 15%
or 32 sq. ft.,
whichever is
greater
Monume nt
Mon.: 1
Mon.: 50 sq. ft.
Mon.: 8 ft.
 
Pole
Pole: 1
Pole: 36 sq. ft.
Pole: 8 ft.
 
Single- Family Attached, two-family identificati on
Monume nt
Pole
2/entranc e
32 sq. ft.
10 ft.
To be approved by Engineeri ng Departme nt
External
Walls and fences permitted as part of overall sign design; pole must contain multiple poles
Residential Use
Wall
Wall: 1
Wall: 5%
 
10 ft. off paved surface
External
One wall only
Monume nt
Mon.: 1
Mon.: 4 sq. ft.
Mon.: 4 ft.
 
Pole
Pole: 1
Pole: 4 sq. ft.
Pole: 4 ft.
 
Use Groups
   Assembly Uses: Churches; community center; schools
   Commercial Uses: Cemetery; outdoor commercial; parks; resort hotel; temporary real estate office
   Residential Uses: Agricultural uses; child care; home occupation; keeping of roomers; living quarters; multi-family; private garages; private pools; residential care facility; single-family; two-family
Special Provisions
1.   Churches located on lots in excess of 20 acres may increase monument and pole sign size by a factor of 2
2.   Message boards may be illuminated but may only contain manually changeable copy, when located along local or residential collector streets
 
   (H)   Parking, R-5 Zone. Additional information and standards for parking as well as specific requirements are found in §§ 154.175 through 154.192.
R-5 Parking Standards
Land Use
Parking Required
Notes
R-5 Parking Standards
Land Use
Parking Required
Notes
Agricultural use
1 space/employee
 
Cemetery
1 space/employee
1 space/each vehicle owned by the facility
Assisted living facility
.5 spaces/D.U.
Additionally, 1 space for each employee
Childcare, in home
N/A
Provide on-site area for drop off/pick up, wholly on site
Church
1 space/3 seats
Based on seating in main sanctuary, min. of 5 spaces
Community center
1 space/600 sq. ft.
1 bus parking space/25 required spaces.
Community residence
1 space/3 occupants
 
Events center
1 space/400 sq. ft.
 
Home occupation
N/A
No on street parking allowed for commercial vehicles owned by the use
Neighborhood center
5 spaces
 
Outdoor commercial
5 spaces + 1/employee
Lakes; campgrounds; zoos; riding stables; batting cages
Parks
1 space/acre
Other uses present require parking based on use
Private club
1 space/200 sq. ft.
 
Real estate office, temporary
1 space/400 sq. ft.
 
Residential care facility
1 space/3 beds
 
Residential, single-family
2 spaces/D.U.
 
Residential, multi-family, 10 or fewer units
2 spaces/D.U.
 
Residential, multi-family, more than 10 units
1.5 spaces/D.U.
 
Residential, two-family
2 spaces/D.U.
 
School, K - 8
1 space/classroom and office + 10 visitor spaces
If gymnasium or auditorium on site an additional 1 space/3 seats shall be provided
School, 9 - 12
1 space/classroom and office + 1 space/ 5 seats in each classroom
If gymnasium or auditorium on site an additional 1 space/3 seats shall be provided
School, post-secondary
1 space/classroom and office + 1 space/ 2 seats in each classroom
If gymnasium or auditorium on site an additional 1 space/3 seats shall be provided
 
   (I)   Landscaping, R-5 Zone. Additional information and standards for vehicular use area (VUA) landscaping as well as specific requirements are found in §§ 154.150 through 154.164.
 
R-5 Perimeter Landscape Buffer Area
Landscape Buffer Area Category
Width Options (In Feet)
Planting Density Multiplier
Category D
20 ft.
1.5
25 ft.
1.33
30 ft.
1
 
 
R-5 Buffering Requirements
Landscape Buffer Area Category
Buffering Use Classification
Buffered Use
Buffering Use
Category D
R-1, R-2
R-3, R-4, R-5, R-6
 
 
Perimeter Planting Density *(OFT) Or Fraction Thereof
Planting Density Requirement Categories
A
B
C
D
2 large trees or 1 medium and 2 small trees + 3 ft. screening/80 ft. of linear boundary (OFT)*
2 large trees or 1 medium and 2 small trees + 4 ft. screening/60 ft. of linear boundary (OFT)*
3 large trees or 2 medium and 2 small trees + 5 ft. screening/60 ft. of linear boundary (OFT)*
3 large trees or 2 medium and 2 small trees/60 ft. of linear boundary (OFT)* + 6 ft. high solid fence or evergreen shrubs
 
(Ord. 06-2008, passed 6-16-2008, § 2.8.5; Ord. 08-2009, passed 5-18-2009; Ord. 05-2011, passed 2-7-2011; Ord. 20-2011, passed 10-17-2011; Ord. 26-2011, passed 11-21-2011; Ord. 27-2012, passed 12-3-2012; Ord. 10-2014, passed 4-7-2014; Ord. 05-2015, passed 5-4-2015; Ord. 24-2016, passed 12-19-2016; Ord. 05-2017, passed 6-5-2017; Ord. 04-2020, passed 4-20-2020; Ord. 17-2023, passed 8-21-2023)