§ 7A-34. 4-RM MULTI-FAMILY RESIDENTIAL DISTRICT.
   (a)   Intent. The provisions of this district are intended to apply to an area of medium-density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium-density residential development while preserving adequate open space and ensuring compatibility with other residential areas of the community.
   (b)   Principal uses and structures:
      (1)   Multi-family residences.
      (2)   Single-family residences (provided such residences meet the following 1-RS Single- Family Residential District requirements).
 
CRITERIA (*)
Lot Area (min sq ft)
Lot Width (min ft at building line)
Lot Depth (min ft)
Lot Coverage (max % by principal structure)
Living Area (min sq ft excluding garage and porch)
Height (maximum)
Minimum Yards (feet)
DISTRICT
Front
Side Interior
Side Corner
Rear
1-RS
12,000
100
120
30
1,800
28
25
15
25
25
(*)   Compliance with applicable supplementary regulations provided in §§ 7A-50 through 7A-69, and Chapter 9A is required.
 
      (3)   Townhouses (See § 7A-63).
      (4)   Home occupations (See § 7A-62).
   (c)   Accessory uses and structures: Customary accessory uses clearly incidental and subordinate to the principal use and in keeping with the intent and purpose of the district.
   (d)   Special exceptions: Public recreation areas.
   (e)   Prohibited uses:
      (1)   Facility or base for mobile marijuana dispensary.
      (2)   Grow house.
      (3)   Marijuana dispensary.
      (4)   Rental units rented for periods of less than one month.
      (5)   All other uses not specifically or provisionally permitted herein.
   (f)   Lot and principal structures, sizes, and setbacks:
      (1)   Minimum lot area, 12,000 square feet.
      (2)   Maximum density, six dwelling units per acre.
      (3)   Minimum lot width, 100 feet.
      (4)   Minimum lot depth, 120 feet.
      (5)   Maximum lot coverage, 40%.
      (6)   Minimum living area, 1,300 square feet per dwelling unit.
      (7)   Maximum height of building. Maximum height, 28 feet.
      (8)   No structure shall have more than two stories.
      (9)   Minimum yard requirements:
         a.   Front setback, 25 feet from lot line.
         b.   Side interior setback, 15 feet from lot line.
         c.   Side corner setback, 25 feet from lot line.
         d.   Rear setback, 25 feet from lot line.
      (10)   Minimum distance between structures, 15 feet.
   (g)   Landscaping regulations: Front and side yard setbacks, excluding parking areas and driveways, shall be landscaped with ground cover, trees, and shrubs; other decorative arrangements may be acceptable. Uncovered parking areas shall be landscaped with trees and shrubs. Except for driveways, the areas abutting the street right-of- way from the curb to the property line shall be landscaped and maintained by the owner. However, in no case shall the area landscaped be less than 33% of the total lot area, not including the rights-of-way.
   (h)   Supplementary regulations: As provided in §§ 7A-50 through 7A-69, and Chapter 9A.
   (i)   Where a lot is developed and the rear or side yard abuts a lot developed as a single-family, detached residential dwelling, or abuts a developed or undeveloped lot within the 1-RS, 2-RS, or 3-RS single-family residential zoning district, a nonsolid wall, or fence six (6) feet in height, shall be constructed on or parallel to that rear or side lot line. Not less than 25% of the total surface area of the wall shall allow the free-flowing passage of air while still serving as a visual barrier. The wall shall be erected by the owner of the 4-RM zoned property. The fence or wall shall be constructed as follows:
      (1)   Materials. Fences and walls shall be constructed of long-lasting, durable materials, such as precast or poured concrete, concrete block, composite hardboard (Hardi-board or Hardi Plank), or recycled plastics. Fences or walls of sheet, link or corrugated iron, steel, or concertina wire, PVC, pressure treated woods, non-treated woods, and aluminum are prohibited. Barbed wire shall not be constructed or placed on top of a fence.
         a.   Where concrete materials are used, dyes, tints, patterns or textures may be added to mitigate any "plain concrete" appearance.
         b.   To change the appearance of an "unbroken, monotonous blank wall", it is encouraged that walls or fences be divided into discrete sections no more than 10 feet in length, by columns, pilings, posts, architectural detail, or a change in orientation, texture, pattern, materials or color.
      (2)   The six (6) foot wall or fence shall extend the full length of the adjoining residential property; however, forward of the front building line of an adjoining residential lot, the fence or wall shall be no higher than four (4) feet.
      (3)   The wall or fence shall comply with all Town Code requirements for vision clearance at corners and curb lots.
      (4)   Maintenance. Fences and walls shall be continuously maintained by the owner of the 4-RM property in an orderly and good condition, at no more than their maximum allowed height.
      (5)   With regard to lots that are developed on or before May 1, 2012, the wall or fence will be constructed by the property owner when the use of the property is changed or the existing use is substantially redeveloped. For the purposes of this section, the following definitions apply:
         a.   Change of use shall mean a change from the use existing to any other use.
         b.   Substantially redeveloped shall mean any increase in size, square footage, height, coverage or intensity of the use or any structure associated with the use, or the replacement or renovation the cost of which represents greater than 30% of the assessed value of the structures on the property as recorded in the most recent records of the property appraiser.
(`75 Code, Appendix A, Art. VI, § 4) (Ord. passed 9-26-72; Am. Ord. 78-4, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-02, passed 5-12-87; Am. Ord. 90-04, passed 4-25-90; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2006-12, adopted 8-14-07; Am. Ord. 2014-08, adopted 10-29-14; Am. Ord. 2017-05, adopted 12-20-17)