Publisher's Note: This Section has been AMENDED by new legislation (Ord. 063 passed 6-27-2024). The text of the amendment will be incorporated below when the ordinance is codified.
(a) Intent. The intent of this zone is to provide for high density multi-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. The high density residential uses should be located along collector and arterial streets. Adequate multi-modal connections should be available to all residents. Development should be in areas of the community where necessary services and facilities will be adequate to serve the anticipated population. High density multi-family dwellings 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. Multifamily dwellings.
2. Dormitories.
3. Offices, limited to multifamily structures with six (6) or more stories, provided offices are limited to no more than the first two (2) stories with no mixing of offices and apartments on the same floor.
4. Shared parking court, as regulated by Article 16-5(b)(4), where depicted on a certified development plan.
(c) Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)
1. The permitted accessory uses in the R-1A zone, items 1 through 3, 6 through 9 and 11.
2. 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-3 zone.
2. Incidental retail uses to any permitted use, but having no primary access to the exterior; and limited to a maximum of ten percent (10%) of the gross floor area of the building in which it is located, with no single such use being in excess of five thousand (5,000) square feet.
3. Extended-stay hotels.
4. Restaurants, without a cocktail lounge, live entertainment and/or dancing, provided it meets the following conditions:
a. It shall be located in a building containing a minimum of one hundred (100) dwelling units.
b. It shall occupy no more than ten percent (10%) of the gross floor area of the building it occupies.
c. It shall have no primary access to the exterior; however, one service entrance directly to the outside of the building may be permitted.
d. It shall have no drive-in or drive-through food service.
e. There shall be no more than two restaurants within a building, provided that the ten percent (10%) limitation is not exceeded.
f. None of its public floor area may be devoted exclusively to the preparation and service of malt beverages, wine or alcoholic beverages.
g. Signs permitted per multi-family residential building may be used to identify the restaurant.
h. This shall not apply to extended-stay hotels.
(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-4 zone, except for offices, as permitted herein, extended-stay hotels, and incidental retail uses.
2. Outdoor commercial and non-commercial recreational facilities, such as zoological gardens, sportsmen's farms, riding stables and equine trails.
(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. Ten (10) feet.
(j) Minimum Rear Yard. Ten (10) feet.
(k) Minimum Open Space. See Article 20 for open space regulations.
(l) Maximum Lot Coverage. Forty-five percent (45%) and a floor area ratio of 2.25.
(m) Maximum Height of Building. 4:1 height-to-yard ratio.
No minimum requirements.
Conditional Uses: The Board of Adjustment may establish additional requirements, as needed.
(Code 1983, § 8-14; Ord. No. 263-83, § 1, 12-15-1983; Ord. No. 207-84, §§ 1—3, 11-15-1984; Ord. No. 89-86, § 14, 5-29-1986; Ord. No. 213-94, § 3, 1-20-1994; Ord. No. 187-98, § 1, 7-2-1998; Ord. No. 115-2003, §§ 1, 2, 5-29-2003; Ord. No. 49-2012, § 7, 4-26-2012; Ord. No. 137-2016, § 2(8-14), 7-7-2016; Ord. No. 166-2017, § 3(8-14), 11-16-2017; Ord. No. 94-2020, § 3, 9-21-2020; Ord. No. 113-2022, §§ 3, 4, 10-27-2022; Ord. No. 004-2023, § 15, 1-31-2023; Ord. No. 020-2023, § 8, 3-9-2023; Ord. No. 074-2023, § 8, 7-11-2023)
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