1163.04 GARDEN-TYPE APARTMENT HOUSE REGULATIONS.
   In any U-3 District, no dwelling, other than a single-family or two-family dwelling, shall be erected or altered except in accordance with the following provisions:
   (a)   Area Regulations.
      (1)   There shall be a maximum of fifteen multifamily dwelling units per acre, or, in fractional parcels, a minimum of 2,904 square feet of zoned lot area for each multifamily dwelling unit.
      (2)   The total development area shall be a minimum of three acres.
   (b)   Maximum Percent of Land Covered by Buildings. Main and accessory buildings shall occupy not more than twenty-five percent of the area of the zoned lot, except that an additional five percent of the lot may be occupied by accessory parking garages.
   (c)   Minimum Lot Width. No apartment building or row house shall be permitted on a lot less than 200 feet wide, measured at the building set-back line.
   (d)   Yard Regulations.
      (1)   Intent. The yards of multifamily buildings shall be related to the plan of the dwelling units within the building as well as to the yards. Buildings shall be arranged so as to ensure privacy between adjacent buildings and intersecting wings of buildings, and from streets, parking spaces and recreation areas.
      (2)   Definitions. As used in this section:
         A.   "Main wall" means any exterior wall containing the principal windows of a living, dining or sleeping room or rooms and/or other windows.
         B.   "Secondary wall" means an exterior wall, other than a main wall, containing minor windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom or a blank surface.
         C.   "Wall unit" means each vertical plane of a building, which shall be considered a separate wall in applying these yard regulations.
         D.   "Overlapping walls" means those portions of exterior walls which are directly opposite when two buildings, parallel or within thirty degrees of parallel, face each other across an open yard or space.
         E.   "Single development" means one multifamily building located on a lot which abuts a public street.
         F.   "Group development" means more than one multifamily building located on a zoning lot which may or may not be developed in the usual street and lot pattern.
      (3)   Schedule of yard dimensions. Multifamily buildings shall be designed, erected, altered, moved, maintained or used in accordance with the following schedule of yard regulations, except that front yard setbacks shall be not less than required in other sections of this Zoning Code.
 
Building and Lot Relationship
Number of Stories
Minimum Dimensions of Yards Between Building Walls (ft.)
Main wall facing another main wall across an open yard (where walls overlap less than 50 feet)
1
2
3
40
45
50
Main wall facing a secondary wall across an open yard (where walls overlap less than 50 feet)
1
2
3
34
38
42
Secondary wall facing a secondary wall across an open yard (where walls overlap less than 50 feet)
1
2
3
25
28
31
 
   The minimum width of yards between any two parallel walls which overlap more than fifty feet, or extend unbroken for more than fifty feet parallel, or within fifteen degrees of parallel, to a property line, as set forth in such schedule, shall be increased not less than 0.15 times the number of feet the walls overlap or extend along a property line more than fifty feet. The minimum width of a yard between any wall and a side or rear lot line shall be not less than one-half of the width established in such schedule for the respective types of walls, unless shown otherwise on the Zone Map where adjoining a U-1 Single-Family House District.
      (4)   Use and design of yards. The required yards, set forth in paragraph (d)(3) hereof, may be used for pedestrian walks, recreation areas, parking areas or driveways. However, accessory buildings or uses shall be located not less than set forth in the following schedule. Yards not occupied by any such accessory building or use shall be fully developed with lawns and other landscape features.
 
Minimum Distance From Walls of Main Building (ft.)
From Side or Rear Lot Line of: (ft.)
Accessory Building or Use
Main Wall
Secondary Wall
U-1, U-2 or U-2-A District
U-3, U-3A U-3-B or U-3-C District
Garage
30
15
15
5
Driveway or parking area
30
10
10
3
Walk
15
5
3
3
Play area
30
20
20
3
 
   A parking area may be located in the required front yard setback, but not less than twenty-five feet from the front property line. Off-street parking facilities shall be provided not more than 200 feet from the building entrance used by each occupant.
   (e)   Height Regulations. The height of any main or accessory building shall not exceed three stories or thirty-five feet, exclusive of a chimney or other permitted appurtenance located upon or constituted as an integral part of a main building.
   (f)   Off-Street Parking. Off-street parking shall be provided in accordance with Chapter 1189. In addition, there shall be a minimum of two additional off-street parking spaces allotted per dwelling unit. Additional visitor parking shall be provided in common parking areas distributed throughout the development.
   (g)   Dwelling Unit Area Requirements.
      (1)   Measurement standards. The area of a dwelling unit shall be measured from the interior face of exterior walls and from the centerline of party walls in multifamily dwellings. The following areas shall be excluded: garages, porches, public halls and utility and storage rooms.
      (2)   Minimum area. The minimum area of a multifamily unit shall be not less than:
 
Square Feet
One-bedroom unit
1,000
Two-bedroom unit
1,400
Three-bedroom unit
1,800
 
      In a multifamily development all units shall contain at least one bedroom.
      (3)   Utility and general storage area. At least fifty square feet of utility and general storage space shall be provided for each family dwelling unit within a multifamily building in addition to the required minimum dwelling area.
   (h)   Approval of Development Plans. Preliminary development plans drawn to scale, showing locations of buildings, yards, driveways, walks, parking and recreation areas and other site improvements for multifamily developments, shall be submitted to the City Planning Commission for approval. Building permits will not be issued until such plans are found to conform and comply with adopted plans and ordinances and until such plans are approved by the Commission. The drawing shall also show the surrounding streets and the nearest buildings or adjacent lots.
   (i)   Modifications. The Board of Zoning Appeals may, after public notice and hearing and subject to such conditions and safeguards as the Planning Commission may prescribe to protect the appropriate use of neighboring property, modify certain of the requirements of this section if it finds that amenities such as privacy, light and openness are improved because of skillful design in the arrangement of buildings, landscaping or other site features. The Board may require wider yards, where an adjoining building is near a lot line, and such features as fences and planting to protect adjoining one-family developments. Such modifications shall be confirmed by a resolution of Council before becoming effective.
      The Planning Commission may also recommend modification of certain requirements pertaining to the minimum area of a multifamily unit and the requirements pertaining to the number of bedrooms.
      The Board shall not decrease the yard requirements in order to allow the maximum number of units permitted in this Zoning Code.
(Ord. 1985-29. Passed 10-14-85.)