(A) Purpose. The Mixed Residential (MXR-3) District is intended to provide areas offering a variety of housing types, including single-family attached and detached dwellings and multi-family structures to retain the environment and character of less intensive styles of multiple-family residence areas by establishing building and lot area requirements; to broaden the choice of residential living styles in the city; and to promote quality development by following a thorough application, review, and approval process.
(B) Permitted uses. Subject to applicable provisions of this chapter, the following are permitted uses in the MXR-3 District:
(1) Dwelling, single-family detached;
(2) Dwelling, single-family attached - 8 units per building maximum with each unit having a separate entrance;
(3) Recreation, public.
(C) Accessory uses. Subject to applicable provisions of this chapter, the following accessory uses in the MXR-3 District are allowed only when it is an accessory to an existing principal permitted use on the same lot. All accessory uses must meet the procedures set forth in and regulated by §§ 153.110 et seq.
(1) Detached accessory structures (detached single-family and dwelling apartment only);
(2) Day care facility, licensed - serving 6 or fewer persons;
(3) Kennel, private - 3 or fewer pets (single-family detached lots only);
(4) Residential facility, licensed - serving 6 or fewer persons;
(5) Other uses customarily associated with but subordinate to a permitted use, as determined by the city;
(6) Amateur radio antenna (subject to the amateur radio antenna standards in § 153.096(II)(9)).
(D) Certificate of compliance. Subject to applicable provision of this chapter, the following are uses in the MXR-3 District that require approval with a certificate of compliance as set forth in and regulated by § 153.029.
(1) Accessory uses.
(a) Accessory apartment (single-family detached dwellings only);
(b) Day care facility, licensed - serving 7 to 14 persons;
(c) Home occupations (single-family detached dwellings only);
(d) Residential facility, licensed - serving 7 to 10 persons;
(e) Solar energy systems, either roof or ground-mounted (meeting accessory structure requirements) according to § 153.307.
(E) Conditional uses. Subject to applicable provisions of this chapter, the following are conditional uses in the MXR-3 District (requires a conditional use permit based upon procedures set forth in and regulated by § 153.034).
(1) Principal uses.
(a) Dwelling, apartment/condominium;
(b) Essential services, governmental buildings and storage;
(c) Essential services, utility substation;
(d) Place of worship;
(e) School.
(2) Accessory uses.
(a) Columbarium - accessory to place of worship;
(b) Day care facility, licensed - serving more than 14 persons;
(c) Residential facility, licensed - serving more than 10 persons;
(3) Other uses similar to those permitted in this section as determined by the Planning Commission and City Council.
(4) New wireless support structures and small wireless facilities located within the public right-of-way and meeting the requirements of Chapter 98, and subject to the conditions found in § 153.096(PP).
(F) Interim uses. Subject to applicable provisions of this chapter, the following are interim uses in the MXR-3 District (requires an interim use permit based upon procedures set forth in and regulated by § 153.035).
(1) Agricultural uses;
(2) Uses as determined by the Planning Commission and City Council.
(G) Lot size, setback, and height requirements. The following minimum requirements shall be observed in an MXR-3 District subject to additional requirements, exceptions, and modifications as set forth in this chapter.
(1) Minimum lot requirements.
(a) Lot area.
1. Detached single-family: 9,000 square feet;
2. Attached townhouse: 7,500 square feet per unit, or no minimum lot size if common site area owned and maintained by a homeowner’s association.
3. Apartment/condominium dwelling: 43,560 square feet or 1 acre;
(b) Lot width.
1. Detached single-family: 60 feet;
2. Multiple-family dwelling: 100 feet.
3. Attached townhouse: no established minimum.
(2) Setbacks.
(a) Principal structure.
1. Front yard:
a. Arterials, as designated in the Comprehensive Plan: 75 feet from the right-of-way line or 150 feet from the centerline of the street, whichever is greater;
b. Collector street: 30 feet from the public right-of-way;
c. Local street: 30 feet from the public right-of-way;
d. Existing private street: 30 feet from the back of the curb or edge of pavement;
e. Internal: 20 feet between attached or multi-family principal structures separated by common area.
2. Side yard:
a. Single-family dwelling: 10 feet (unless abutting a side street 25 feet);
b. Attached townhome: 10 feet;
c. Multiple-family dwelling: 30 feet.
3. Side street:
a. Single-family dwelling: 25 feet;
b. Attached townhome: 25 feet;
c. Multiple-family dwelling: 20 feet.
4. Rear yard: 30 feet.
5. Internal: 20 feet between principal structures.
(b) Detached accessory structure.
1. Front yard: 30 feet and cannot be located between the principal structure and the street.
2. Side street: 25 feet and cannot be located between the principal structure and the street.
3. Side yard: 10 feet.
4. Rear yard: 10 feet.
(3) Building height.
(a) Principal structures: shall be limited to a maximum height of:
1. Single-family detached: 35 feet;
2. Attached townhome: 35 feet or 3 stories, whichever is less;
3. Apartment and condominiums (stacked units): 45 feet or 3 stories, whichever is less.
(b) Detached accessory structures: shall be limited to 1 story with a maximum sidewall height of 10 feet measured from the floor surface to the underside of the ceiling member.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 651, passed 3-14-2016; Am. Ord. 676, passed 7-9-2018; Am. Ord. 694, passed 2-10-2020)