(A) Purpose. The R-4, Multiple-Family Residence District, is intended to provide a district which will allow multiple dwellings (apartments, row houses, townhouses and the like) in those areas where the development fits the land use plan, where properly related to other land uses and thoroughfares and where municipal utilities are available.
(B) Permitted uses. Within an R-4, Residence District, no building or land shall be used, except for one or more of the following uses:
(1) Any use permitted in § 154.033(B) of this chapter, as regulated therein;
(2) Multiple dwellings and apartment buildings;
(3) Institutions of a religious, educational, eleemosynary or philanthropic nature; and
(4) Private club and lodges, except those the chief activity of which is a service customarily carried on as a business.
(C) Uses by conditional use permit. Within an R-4, Multiple-Family Residence District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any use permitted in § 154.033(C) of this chapter, as regulated therein;
(2) Manufactured home parks subject to the requirements for planned unit developments, as provided in division (H) below;
(3) Planned unit developments as provided in division (H) below; and
(4) Elderly tenant multiple housing project.
(D) Permitted accessory uses. Within an R-4, Multiple-Family Residence District, the following uses shall be permitted accessory uses:
(1) Any use permitted in § 154.033(D) of this chapter, as regulated therein; and
(2) Accessory uses customarily incident to the uses permitted in divisions (B) and (C) above.
(E) Height, yard, area, lot width and depth and lot coverage regulations.
(1) Height regulations. Multiple dwellings shall not exceed four stories or 45 feet in height, except as provided in § 154.085 of this chapter; provided further that, any building exceeding three stories in height shall set back from all yard lines required in this section an additional distance of one foot for every one foot that the building exceeds the height of 30 feet.
(2) Width and depth regulations. A single-family dwelling shall have a width of not less than 20 feet at the front setback line and a depth of not less than 20 feet, except when located within a mobile home park.
(3) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 30 feet.
(b) There shall be a front yard of not less than 35 feet on a lot or plot that abuts a thoroughfare, as shown on the adopted city thoroughfare plan.
(c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project into the front yard bordering either street.
(4) Side yard regulations.
(a) There shall be a side yard on each side of a building, having a width of not less than 15 feet for buildings not exceeding three stories in height.
(b) For buildings exceeding three stories in height, there shall be a side yard on each side of a building having a width of 15 feet, plus one foot of side yard for each one foot of building height over 30 feet.
(5) Rear yard regulations. There shall be a rear yard having a depth of not less than 20% of the depth of the lot.
(6) Lot area regulations.
(a) The required total lot area, in square feet, shall not be less than the sum of the minimum lot area per dwelling unit which shall be further adjusted by the allowances permitted or imposed hereunder and, in no event, except as herein provided, shall the required lot area be less than the minimum total lot area.
1. The minimum total lot area per dwelling unit shall not be less than 2,500 square feet.
2. The minimum total lot area shall not be less than 10,000 square feet.
(b) The maximum amount of allowance permitted is 1,000 square feet per dwelling unit; except that, in the case of division (E)(6)(b)4. below the allowance of that division may be applied in addition to the 1,000 square feet allowance, and the basis for computing the amount of allowance permitted shall be as follows:
1. For each parking stall in or under the multiple residence or otherwise completely underground, subtract 500 square feet;
2. If the multiple residence site adjoins a street indicated on the city thoroughfare plan as a limited access highway or thoroughfare, subtract 300 square feet per dwelling unit; provided further that, when the site is located at the intersection of two streets the allowance shall be 500 square feet per dwelling unit;
3. If the multiple residence site adjoins property zoned B-2, B-3, B-4, B-5, B-6 or any industrial district on at least one quarter of its peripheral distance, subtract 300 square feet per dwelling unit; provided that, this allowance shall not apply where the district is across a street;
4. If the multiple residence site adjoins directly across a street zoned B-2, B-3, B-4, B- 5, B-6 or any industrial district on at least one-quarter of its peripheral distance, subtract 100 square feet per dwelling unit; provided further that, where a multiple residence site qualifies for the credit set forth in division (E)(6)(b)3. above, the credit set forth in this division (E)(6)(b)4. shall not apply;
5. If the multiple residence site adjoins property zoned B-5 on at least one-quarter of its peripheral distance (either directly or across a street) subtract 100 square feet per dwelling unit;
6. If the multiple residence site is part of a community unit project as set forth in this section, subtract 500 feet per dwelling unit;
7. If the multiple residence site is not contiguous to any business district, industrial district, R-4 or R-5 Districts on at least one-quarter of its peripheral distance, add 500 square feet per dwelling unit;
8. For each bedroom in excess of two in any one dwelling unit, add 400 square feet for each dwelling unit; and/or
9. For each parking stall completely enclosed (garage), subtract 100 square feet.
(c) Where single-family dwellings on the project site are being razed or removed to permit construction of the multiple-family residences, the project may include three additional dwelling units for each single-family dwelling.
(d) Where a lot has less area than herein required, and was of record at the effective date of this chapter, that lot may be used only for single- or two-family dwelling purposes provided it has a width of at least 50 feet and a depth of at least 100 feet.
(7) Lot width and depth regulations. A lot on which there is erected a multiple dwelling shall have a minimum width of not less than 80 feet at the building setback line, and a minimum depth of not less than 120 feet.
(8) Lot coverage regulations and floor area ratio.
(a) Not more than 35% of a lot or plot shall be occupied by buildings; and
(b) There shall be a maximum floor area ratio (FAR) of 0.55. Floor area ratio shall be determined by dividing the sum total of the gross area of all floors of the principal structure on a site by the gross area of the site.
(F) Design and construction requirements.
(1) Design review. A building permit for a multiple dwelling must be approved by the Planning Commission and Council in the manner set forth in § 154.016 of this chapter, and the Planning Commission and Council may designate conditions or guarantees in connection therewith as will secure substantially the provisions of this district.
(2) Closets and bulk storage. The following minimum amounts of closet and bulk storage shall be provided for each dwelling unit:
(a) One bedroom unit: ten lineal feet of closet space and 80 cubic feet of bulk storage;
(b) Two bedroom unit: 20 lineal feet of closet space and 100 cubic feet of bulk storage;
(c) Three or more bedrooms: for each bedroom in excess of two in any one dwelling unit, an additional ten lineal feet of closet space and 50 cubic feet of bulk storage; and
(d) Only closet space having a minimum clear finish to finish depth of two feet, zero inches, shall be considered in determining the lineal feet of closet provided.
(3) Sound. Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a nine frequency test) of not less than 50 decibels. Door systems between corridors and dwelling units shall be of solid core construction and include gaskets and closure plates. Room relationships, hallway designs, door and window placements and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit.
(4) Projecting air conditioning and heating units. Air conditioning or heating units projecting through walls or windows shall be so located and designed that they neither unnecessarily generate or transmit sound nor disrupt the architectural amenities of the building. Units projecting more than four inches beyond the exterior finish of a building wall shall be permitted only with the written consent of the Building Inspector, which shall be given only when building structural systems prevent compliance.
(5) Trash incinerators and garbage. Except with townhouses and multiple residence sites of four or less units, no exterior trash or garbage disposal or storage shall be permitted. In the case of townhouses and multiple residences with four or less units, any storage and exterior incineration shall be completely enclosed by walls and roof.
(6) Elevators. Any multiple residence building of four stories or more shall be equipped with at least one public elevator.
(7) Building length. No building shall be longer than 220 feet.
(8) Accessory buildings and uses. Accessory buildings and uses shall observe the same setback requirements established for the multiple residence building; except that, accessory buildings located within the rear yard of the multiple residence that does not back onto any property zoned R-A, R-1 or R-2 building may be located to within five feet of the rear or interior side property line. The Council may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas. Exteriors of accessory buildings shall have the same exterior finish as the main structure.
(9) Lot depths. Lot depths in excess of 150% of the lot width shall not be used in computing the gross lot area to be used for apartment unit density.
(10) Garages. Garages as required in multiple dwelling districts shall have a minimum approach of the access drives of at least 18 feet; provided, however, that, where electric automatic garage door openers are provided, the distance may be reduced to eight feet.
(11) Parking access drives. Parking access drives and all drives into and within a multiple residence area shall be a minimum width of 24 feet.
(H) Planned unit developments.
(1) Purposes. The purpose of this division (H) is to make provision for the implementation of peculiar development realities of large developments, to emphasize the blending rather than the separation of land uses, to incorporate improvements in land assemblage and development techniques, to encourage the creative use of open space and to relate various land use elements within a large development to limitations of a particular site. The planned unit development projects shall be developed in accordance with an overall design and an integrated general development plan, be consistent with the intent and purposes of this section, and not adversely affect the property adjacent to the land included in the project.
(2) Regulations.
(a) A planned unit project development shall consist of a harmonious selection of uses and grouping of buildings, services and parking areas, circulation and open spaces, and shall be planned and designed as an integrated unit, in a manner as to constitute a safe, efficient and convenient living area. This project shall be consistent with the Comprehensive Land Use Plan for the city.
(b) The project may provide for a commercial land use, as the same is defined in this chapter; provided, the commercial land use occupy not more than 15% of the land in the planned unit development not occupied by streets and alleys. All commercial land uses must be related to and be compatible with residential land uses in the planned unit development.
(c) The project shall conform to all of the following requirements:
1. Listed in § 154.098 of this chapter;
2. Application of standard ratios:
a. Gross land area times maximum residential floor area ratio equals maximum floor area permitted;
b. Actual floor area times minimum open space ratio minimum required open space;
c. Actual floor area times minimum livability space ratio equals minimum required livability space (open space minus parking, streets, drives, delivery areas and driveways);
d. Actual floor area times recreation space ratio minimum required recreation space (space devoted entirely to recreational land use for the residents in the PUD);
e. Actual number of dwelling units times minimum off-street parking ratio equals number of off-street parking spaces required;
f. PUD area minus streets and alleys times maximum commercial area ratio equals maximum gross commercial land area;
g. Actual commercial land area times maximum commercial lot coverage ratio equals maximum commercial lot average;
h. Actual commercial floor area times minimum off-street parking ratio equals minimum off-street parking area; and
i. Actual commercial land area times minimum green space ratio equals minimum green space area.
(d) The minimum area of land to be included in a planned development shall at least be two acres.
(e) The planned unit development project shall be served by sewer and water systems.
(f) Private roadways within the project shall be installed to city’s specifications for public roadways.
(g) In order that the purposes of the planned unit development project may be achieved, the land and buildings and appurtenant facilities shall be in single ownership or under the management and supervision of a central authority, or otherwise subject to supervisory lease or ownership control as may be reasonably necessary to carry out the provisions of this section. This requirement shall be binding upon the heirs and assigns if the project be under single ownership, or the successors and assigns if the project be under the management and supervision of a central authority, and any heirs or assigns or successors and assigns who may take over the completion of the project must comply with the original general development plan.
(h) Planned unit development projects shall contain adequate amount of land for park or local permanent open space use, exclusive of sump and drainage areas, which shall not be less than 10% of the gross area of the property and which shall be land that can be utilized for park and playground purposes without extensive filling operations, and the land shall conform, as near as is practicable to park areas proposed by the adopted City Comprehensive Plan. Low or swamp land may be a part of open space when the Planning Commission finds that lands are needed for drainage purposes, or suitable for park development, and conform to the Comprehensive Plan and will enhance the neighborhood through the preservation of natural areas. The low or swamp lands shall be considered no more than 25% of the total area in computing overall density. The open spaces shall be permanent and may not be replatted in the future. The Planning Commission may in the case of the plats showing land, to be used for park, recreation, school, open space or other space, or other municipal use, set forth conditions of the ownership, maintenance and use of the lands as it deems necessary to assure preservation of the lands for their intended purpose. Park recreation, school or open space lands at the option of the city may be deeded to the public, retained by the developer or deeded to an association of home owners. When the lands are retained in other than public ownership, plans for improvement and maintenance of these tracts must be approved by the city’s Park Board and suitable deed restrictions must be approved by the Planning Commission to assure both continuing use of the tracts for purposes as well as proper use and maintenance of the same.
(i) Mobile home parks may be approved only as a planned unit development project; provided, they shall contain a minimum gross lot area or trailer parking area of 5,000 square feet per unit. The gross lot area shall include all private drives and parking spaces within the park or court, but shall not include any surrounding public streets; and, provided, they also meet the other community unit project requirements of this division (H)(2).
(j) When shoreland is part of a planned unit development, the planned unit development cannot have more than one centralized shoreland recreation facility for each cluster of residential units.
(3) Administrative procedure.
(a) The proponents of a planned unit development project shall submit a general development plan along with the application for rezoning or conditional use permit to, and secure the approval of, the city’s Planning Commission and Council. The general development plan shall be submitted to the City Engineer, City Planner, City Building Inspector and City Fire Chief at least ten days prior to the City Planning Commission meeting at which the same should be considered. These city staff members shall prepare reports thereon setting out whether or not the general development plan meets the requirements of state law, city ordinances and the city’s overall guide plans. These reports shall be submitted to the Planning Commission at its next regular meeting.
(b) If any shoreland is a part of the planned unit development, the general development plan shall be submitted to the City Engineer. The general development plan shall be drawn to scale with topography of a contour interval not greater than two feet. The plan shall show:
1. The proposed site and existing developments on adjacent properties;
2. Proposed size, location and arrangement of buildings;
3. Parking areas and stall arrangements;
4. Entrance and exit drives;
5. Off-street parking areas shall be so designed that vehicles can be parked in a convenient and orderly fashion and so that traffic may move from one part of a parking lot to another without using a public street. All open off-street parking areas shall be effectively screened by a wall or fence of acceptable design, or by a compact hedge along all sides which adjoin or are directly across the street from property in an R-A, R-1 or R-2 zone. The wall, fence or hedge shall not be less than four feet high and not more than six feet high and shall be maintained in good condition. The wall or fence shall not be used for advertising purposes. All lighting used to illuminate off-street parking areas shall be so arranged as to deflect the light away from adjacent properties in residential use;
6. Landscaping;
7. Dimensions;
8. Proposed sewer and water systems; and
9. Recreation areas.
(c) If the zoning change and conditional use is approved, the general development plan is attached to and is a part of the ordinance establishing the zoning change. Any substantial change to the plan will require a resubmission to and approval by the Planning Commission and Council.
(d) The owner or developer must agree to comply with all the requirements of the city regarding lighting, noise abatement, traffic control and regulations, maintaining order and keeping the premises free from debris and any other conditions that may be attached to the conditional use permit.
(e) The development of the general development plan shall be in substantial compliance with the approval final development plan. Compliance shall not be considered substantial if there is:
1. More than 5% increase in floor ratio;
2. More than a 10% reduction in the originally approved separation between buildings; and
3. The final plat for a planned unit development containing shoreland shall not be modified, amended, repealed or otherwise altered unless approved in writing by the developer, the city and the Commissioner of the state’s Department of Natural Resources.
(2002 Code, § 7.14) (Ord. 324, effective 11-20-1965; Ord. 71, Third Series, effective 8-15-1972; Ord. 6, Third Series, effective 7-1-1979; Ord. 181, Third Series, effective 1-15-1989; Ord. 34, Eighth Series, effective 2-5-2023)