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Within any R-3 Multiple Dwelling District, no structure or land shall be used for the following uses except by conditional use permit.
(A) Multiple dwelling structures. Structures containing nine (9) or more dwelling units.
(B) Clubs. Private clubs and lodges which are not operated for a profit.
(C) Churches and other places of worship. Church buildings and areas, schools of religion and similar institutions.
(D) Day care facilities - Non-Residential. Facility serving fifteen (15) or more persons.
(E) Day care facilities - Residential. Facility serving fifteen (15) or more persons.
(F) Nursing homes, rest homes, or homes for the aged. Provided the site shall contain at least one thousand (1,000) square feet for each person to be served.
(G) Professional offices. Offices of persons in the professions: clinics for human health care, funeral homes, mortuaries and office of civic, religious or charitable institutions.
(H) Studios. Art studios, interior decoration studios, photo studios, music studios, and similar activities.
(I) Public buildings and essential service structures. Municipal and other public buildings used for office purposes, museums, libraries, and structures containing or providing essential public services.
(J) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principle structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principle structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(L) Bed and breakfast inn, provided the following are adhered to:
(1) Off-street parking shall be provided in accordance with the parking requirements of §§ 150.500 et seq. A minimum of one (1) off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located. Off-street parking is to be screened from the surrounding residences.
(2) Signs shall be in accordance with the sign requirements in § 150.213 and meet the requirements for the zoning district that the business is located within. (Identifying signs to be not more than four (4) square feet in total, located on the building and consistent with the character of the building).
(3) The maximum of five (5) units may be established in a structure.
(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or country.
(5) All guest rooms shall be contained within the principal structure.
(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests.
(7) The maximum stay for guests shall be fourteen (14) days within a thirty (30) day period.
(8) The inn shall comply with all applicable laws, rules, and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code, and the State Health Code.
(9) A conditional use permit shall be terminated upon occurrence for the following:
(a) Non-compliance with the provisions of these provisions.
(b) Transfer of ownership of said property from the owner/operator.
(c) The creation of a condition which adversely affects the health, safety, or general welfare of the city or its residents.
(10) The owner or operator shall reside on the property or submit a management plan for approval as part of the conditional use permit.
(L) Multiple garages and/or accessory buildings in excess of those that are allowed by the code.
(M) Schools.
(N) Self-service storage facility. The storage facility cannot result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, lighting, outdoor activities, fire hazard, safety hazard, visual blight, incompatibility to the surrounding neighborhood, or any other adverse impact as determined by the City Council.
(1) No on-site sales shall be conducted, other than the rental of storage spaces.
(2) All storage shall be fully enclosed within the storage structure.
(3) No containers of flammable or hazardous materials other than normal household quantities shall be stored on-site. Quantities shall be stored per local code requirements. Exception: Quantities over the normal household amounts can be stored if stored per local code and reported and registered with the local fire department.
(O) Land reclamation. See § 150.015.
(P) Mining. See § 150.016.
(Q) Residential facilities serving more than six (6) unrelated persons.
(Ord. 395, passed 7-6-2010; Am. Ord. 415, passed 8-21-2012; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
Those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
Within any R-3 Multiple Dwelling District, the following uses shall be permitted accessory uses:
(A) Garages and parking. Private garages, and off-street parking space for passenger cars and trucks up to one and one-half (1-1/2) ton capacity. More than one (1) garage structure requires a conditional use permit. (See § 150.092(N))
(B) Pools and similar recreational facilities. Swimming pools provided such pools are fenced so as to control access, tennis courts, and other similar recreational facilities which are part of a residential development and are located not less than fifteen (15) feet from any other lot in an R district.
(C) Utility and storage buildings for one- and two-family dwellings. Lawn, garden and other buildings used for private storage purposes provided that not more than one (1) building is located per dwelling unit and the maximum floor area of the building does not exceed one hundred forty-four (144) square feet.
(D) Utility and storage buildings for multiple dwellings. One (1) building as described in division (C) of this section will be permitted for each apartment building that is under separate ownership. More than two (2) utility/storage buildings requires a conditional use permit. (See § 150.092(N))
(E) Day care facility - Non-Residential. Facility accessory to legal conforming church, school or health care facility.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
(A) When dwelling units of multiple dwelling structures are to be under separate ownership, zero (0) lot lines will be permitted between the units. State Building Code requirements for zero (0) lot line shall be complied with.
(B) Area, frontage, and yard requirements. The following requirements shall be the minimum permitted in this district:
Area (sq. ft.) | Area Per Unit (sq. ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) | Depth (ft.) |
Area (sq. ft.) | Area Per Unit (sq. ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) | Depth (ft.) |
Single family dwelling lots: | |||||||
5,000 | 5,000 | 50 | 35 or 3 stories, whichever is lesser | 30 | 8 | 20 | 125 |
Two-family dwelling lots: | |||||||
12,500 | 6,250 | 100 | 35 or 3 stories, whichever is lesser | 30 | 8 | 20 | 125 |
Two-family dwelling lots with zero lot lines: | |||||||
10,000 | 5,000 | 50 per unit | 35 or 3 stories, whichever is lesser | 30 | 8 | 20 | 125 |
Multiple family dwellings: | |||||||
As required below | 100 | 35 or 3 stories, whichever is lesser | 20 | 10 | 20 | ||
Utility/storage structures: see § 150.011 | |||||||
20 | 5 | 10 | |||||
Detached garages: see § 150.011 | |||||||
20 | 5 | 10 | |||||
(C) Lot area per dwelling unit.
(1) The following requirements shall be the minimum permitted lot area per unit for three (3) or more unit structures.
Lot Area Per Dwelling Unit
1 Bedroom Unit - 2,500 square feet
2 Bedroom Unit - 3,000 square feet
3 Bedroom Unit - 3,500 square feet
(2) The above mentioned requirements shall be the minimum permitted lot area per unit for three (3) to four (4) unit structures and for each unit over four (4), the lot area may be reduced by twenty-five percent (25%).
(Ord. 395, passed 7-6-2010; Am. Ord. 486, passed 6-21-2022) Penalty, see § 150.999
(A) All exposed ground areas on a lot or parcel surrounding a principal or accessory structure that are not devoted to drives, sidewalks, patios or parking lots shall have a minimum of four (4) inches of topsoil and be covered with sod, seed or other landscaping materials as approved by the city.
(B) Non-residential uses are subject to the same requirements and may be subject to additional landscaping as determined by the Planning Commission and City Council.
(C) All required landscaping shall be replaced by the property owner if vegetation dies or is otherwise removed. Landscaping may be located within a utility or drainage easement, but the owner of the property shall be responsible for any cost associated with removing and replacing said landscaping if work within the easement requires removal of the landscaping.
(D) Existing vegetation, which are of acceptable species, size and location and are of good quality, may be used to fulfill landscaping requirements.
(E) A landscape deposit, as established by resolution of the City Council, will be collected at the time of building permit application. The deposit shall be in the form of cash, letter of credit, or other means as approved by the city. The deposit will be released when all required landscaping is installed. Landscaping must be completed within one (1) year of building permit issuance or the deposit will be forfeited.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
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