(a) Intent. The intent of this zone is to provide for medium density mixed residential development, including multi-family dwellings, group residential housing, compact housing types, attached and detached single family dwellings, and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. This zone should provide a variety of housing options rather than a single type. The medium density residential uses should be located along local and collector streets, with lower density residential uses located along local streets. Adequate multi-modal connections should be available to all residents, so to allow for long term viability and incremental growth. Low and Medium density residential land uses should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.
(b) Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)
1. The principal permitted uses in the R-2 zone.
2. Multi-family dwellings.
3. Dormitories.
4. Boarding or lodging houses, assisted living facilities, and hospitality houses for up to eight (8) persons.
5. Community residences.
6. Group Residential Projects, as provided by Article 9.
7. Townhouses, except that no less than three (3) and no more than twelve (12) units shall be attached.
(c) Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)
1. Items 1 through 3 and 6 through 11 of the permitted accessory uses in the R-1A zone.
2. Non-commercial athletic club facilities, when accessory to another permitted or conditional use.
(d) Conditional Uses. (Permitted only with Board of Adjustment approval.)
1. The permitted conditional uses in the R-1A zone.
2. Hospitals, nursing homes, personal care facilities, and orphanages.
3. Community centers (such as YMCA, YWCA, etc.)
4. Community garages.
5. Kindergartens, nursery schools, and child care centers for four (4) or more children. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.
6. Parking, as permitted in Article 16-3.
7. Sorority and fraternity houses.
8. Boarding or lodging houses, assisted living facilities, and hospitality houses for more than eight (8) persons and rehabilitation homes, provided that no use permitted under this section shall be located less than five hundred (500) feet, as measured from the nearest property line, from another use permitted under this section. However, the Board may reduce the 500-foot spacing requirement if it can determine that a reduction will not have an adverse influence on existing or future development of the subject property or its surrounding neighborhood.
9. Bed and breakfast facilities, limited to the rental of not more than five (5) rooms. The Board of Adjustment, in considering approval of such conditional use, shall consider and make a finding that the number of rooms granted shall not have an adverse effect on surrounding properties. In addition, in considering such a conditional use, the Board of Adjustment shall take into consideration the number of bed and breakfast facilities, if any, within the general neighborhood of the property being considered for such use.
10. Day Shelters.
(e) Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)
1. The prohibited uses in the R-1A zone, except for multi-family, two-family and townhouse dwellings; boarding or lodging houses; dormitories; and sorority and fraternity houses.
Lot, Yard, and Height Requirements. (See Article 3, Subsection (o) of this section below, and Article 15 for additional regulations.)
(f) Minimum Lot Size. Six thousand (6,000) square feet.
(g) Minimum Lot Frontage. Fifty (50) feet.
(h) Minimum Front Yard. Twenty (20) feet.
(i) Minimum Each Side Yard. Five (5) feet, unless required to be a minimum of thirty (30) feet by Section 15-2(b)(3).
(j) Minimum Rear Yard. Ten (10) feet.
(k) Minimum Open Space. See Article 20 for open space regulations.
(l) Maximum Lot Coverage. Twenty-five percent (25%) and a floor area ratio of 0.75.
(m) Maximum Height of Building. Three (3) stories up to forty (40) feet.
No minimum requirements.
Conditional Uses: The Board of Adjustment may establish additional requirements, as needed.
(o) Special Provisions.
1. Lot, yard, and height requirements for town houses shall be as required for R-1T.
2. Lot, yard, and height requirements for two-family dwellings shall be as required by R-2.
3. Lot, yard, and height requirements for Group Residential Projects shall be as required in Article 9.
4. Lot, yard, and height requirements for single family detached dwellings in defined Infill & Redevelopment areas are for existing lots as of December 5, 2002, and shall be as listed below. (Minimum lot sizes are listed below for the purpose of establishing minimum configurations that may be the result of consolidation among adjacent parcels.)
a. Where existing lot frontage is less than twenty-four (24) feet, the provisions of Section 15-7 and the following shall apply:
1. Minimum lot size: Two thousand (2,000) square feet.
2. Minimum lot frontage: Twenty (20) feet.
3. Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.
4. Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.
5. Minimum side yard: Three (3) feet. No wall, air-conditioning unit, structure, or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.
6. Minimum rear yard: Twenty (20) feet.
7. Minimum open space: See Article 20 for open space regulations.
8. Minimum lot coverage: No limitation.
9. Maximum height of building: Twenty-four (24) feet.
10. Maximum lot coverage: No limitation.
11. Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.
b. Where existing lot frontage is twenty-four (24) feet but less than thirty-five (35) feet, the provisions of Section 15-7 and the following shall apply:
1. Minimum lot size: Two thousand, five hundred (2,500) square feet.
2. Minimum lot frontage: Twenty-four (24) feet.
3. Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.
4. Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.
5. Minimum side yard: Three (3) feet. No wall, air-conditioning unit, structure, or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.
6. Minimum rear yard: Twenty percent (20%) of the lot depth.
7. Minimum open space: See Article 20 for open space regulations.
8. Minimum lot coverage: No limitation.
9. Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.
10. Maximum lot coverage: No limitation.
11. Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.
c. Where existing lot frontage is thirty-five (35) feet but less than fifty (50) feet, the provisions of Section 15-7 and the following shall apply:
1. Minimum lot size: Three thousand, seven hundred fifty (3,750) square feet.
2. Minimum lot frontage: Thirty-five (35) feet.
3. Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.
4. Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.
5. Minimum side yard: As per Subsection (i) of this section.
6. Minimum rear yard: Twenty percent (20%) of the lot depth.
7. Minimum open space: See Article 20 for open space regulations.
8. Minimum lot coverage: No limitation.
9. Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.
10. Maximum lot coverage: No limitation.
11. Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.
d. Where existing lot frontage is fifty (50) feet or greater, the provisions of Section 15-7 and the following shall apply:
1. Minimum lot size: Eight thousand (8,000) square feet.
2. Minimum lot frontage: Fifty (50) feet.
3. Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.
4. Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.
5. Minimum side yard: Eight (8) feet.
6. Minimum rear yard: Twenty percent (20%) of the lot depth.
7. Minimum open space: See Article 20 for open space regulations.
8. Minimum lot coverage: No limitation.
9. Maximum height of building: As per Subsection (m) of this section.
10. Maximum lot coverage: No limitation.
11. Maximum floor area ratio: 0.7.
5. Lot, yard and height requirements for all other single-family detached dwellings in the R-3 zone shall be as follows:
(1) Minimum lot size: Two thousand, five hundred (2,500) square feet.
(2) Minimum lot frontage: Twenty-five (25) feet.
(3) Minimum front yard: Twenty (20) feet, as per Subsection (h) of this section.
(4) Minimum side yard: Three (3) feet. No wall, air-conditioning unit, structure, or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.
(5) Minimum rear yard: Ten (10) feet.
(6) Minimum open space: See Article 20 for open space regulations.
(7) Maximum lot coverage: No limitation.
(8) Maximum height of building: Thirty-five (35) feet.
(Code 1983, § 8-12; Ord. No. 263-83, § 1, 12-15-1983; Ord. No. 28-84, § 2, 3-8-1984; Ord. No. 89-86, §§ 12, 13, 5-29-1986; Ord. No. 152-87, § 1, 7-9-1987; Ord. No. 86-92, § 10, 5-28-1992; Ord. No. 55-94, §§ 2, 3, 4-14-1994; Ord. No. 213-94, § 2, 1-20-1994; Ord. No. 48-97, § 1, 4-3-1997; Ord. No. 154-97, § 1, 7-10-1997; Ord. No. 51-98, § 1, 2-19-1998; Ord. No. 226-98, § 1, 8-27-1998; Ord. No. 307-2002, § 1, 12-5-2002; Ord. No. 133-2004, § 1, 6-24-2004; Ord. No. 129-2009, § 14, 7-2-2009; Ord. No. 68-2015, § 1(8-12), 6-18-2015; Ord. No. 137-2016, § 2(8-12), 7-7-2016; Ord. No. 166-2017, § 3(8-12), 11-16-2017; Ord. No. 94-2020, § 1, 9-21-2020; Ord. No. 102-2021, § 8, 10-28-2021; Ord. No. 113-2022, §§ 3, 5, 10-27-2022; Ord. No. 004-2023, § 13, 1-31-2023; Ord. No. 020-2023, § 6, 3-9-2023; Ord. No. 074-2023, § 7, 7-11-2023)