§ 153.048 USE REGULATIONS: RM OR R-3 RESIDENTIAL MULTIPLE-FAMILY DISTRICT.
   (A)   Use of right. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than one or more of the following permitted principle uses:
      (1)   Use Unit 1 - areawide uses by right;
      (2)   Use Unit 5 - single-family detached dwelling;
      (3)   Use Unit 6 - Single-family attached dwelling (including townhouses, duplex, zero lot-line, quadruplexes);
      (4)   Use Unit 7 - multiple family dwelling (including “group quarters” but excluding funeral homes, hotels and motels); or
      (5)   Use Unit 8 - manufactured or modular home dwelling.
   (B)   Use by special exception. Special exception uses may be permitted by the Board of Zoning Appeals following a public hearing, as indicated below, when such are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the Comprehensive Plan:
      (1)   Use Unit 2 - areawide special exception uses;
      (2)   Use Unit 3 - public protection and utility facilities;
      (3)   Use Unit 4 - community services [including protective shelters, residential treatment centers and transitional living centers; and including children’s nursery/day care center for more than four unrelated children (excluding those who live in the home)];
      (4)   Use Unit 10 - off-street parking areas;
      (5)   Use Unit 11 - offices and studios; and
      (6)   Use Unit 28 - home occupations.
      (7)   Unit 29 - mobile office trailer.
   (C)   Accessory uses permitted. Accessory uses customarily incidental to a permitted principal use not involving the conduct of any business, trade, occupation or profession, are permitted as follows:
      (1)   Management office, private recreation, laundry, and storage facilities;
      (2)   Garage;
      (3)   Carport;
      (4)   Signs:
         (a)   Bulletin board;
         (b)   Identification sign;
         (c)   Real estate sign; and
         (d)   Construction sign;
      (5)   Shelter (storm);
      (6)   Private swimming pool;
      (7)   Child care in home (four or less); and
      (8)   Yard sales.
   (D)   Accessory use conditions.
      (1)   General conditions.
         (a)   An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.
         (b)   A detached accessory building shall not be located in the front or side yard or encroach upon a minimum building setback line, but this limitation shall not apply to garages and carports, provided the minimum required front yard or side yard set back line is observed.
         (c)   Within the rear yard, a detached accessory building shall be located at least five feet from interior lot line.
      (2)   Signs are permitted as follows in accordance with the yard requirement of § 153.024(B)(5).
         (a)   One bulletin board may be erected on each street frontage of any educational, religious, institutional, or similar use in Use Unit 4 by special exception or other uses by special exception requiring announcement of its activities. The bulletin board shall not exceed 12 square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.
         (b)   One identification sign may be erected on each perimeter street frontage of a single-family detached subdivision, townhouse development, duplex structure, quadruplex development, multifamily-family development or permitted non- residential use. The sign shall not be permitted to exceed 48 square feet of display surface area. The sign shall not exceed 12 feet in height, and illumination, if any, shall be by constant light.
         (c)   During the period of construction, a temporary sign advertising the construction of improvements on the street premises, may be erected on each perimeter street frontage of the development. The sign shall not exceed 40 square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.
         (d)   A temporary real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed eight square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.
      (3)   Private swimming pools (and all accessories thereto) shall meet safety requirements of state and local building codes.
      (4)   Child care - in home.
         (a)   A maximum of four non-related children may be cared for in the home without state licensing. Five to ten children may be cared for in the home if the resident obtains a special exception and maintains continuous state licensing. This number does not include those who reside in the residence.
         (b)   No person shall be employed other than a member of the immediate family residing on the premises or a substitute caregiver if the primary caregiver is unavailable.
         (c)   No signs advertising the child care home shall be permitted on the lot.
         (d)   No exterior alteration of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structures.
         (e)   State-licensed child-care homes in existence on the effective date of this chapter, but which would be prohibited by these requirements, may continue as otherwise regulated herein.
      (5)   Yard sales shall occur only once a month for not more than three consecutive days.
(Ord. 12-16, passed 8-8-12; Am. Ord. 13-9, passed 5-16-13)