(a) Purpose. Multi-family dwellings may be conditionally permitted in an R-4, C-1 and T-C District in accordance with the standards and regulations set forth in this Zoning Ordinance. These regulations are intended to encourage multi-family dwellings in specific locations in order to achieve the following objectives:
(1) To allow creativity and variety in design as necessary to implement the various goals and objectives of the City.
(2) To promote economical and efficient use of land through unified development.
(3) To protect lower density residential areas by requiring buffer areas between single-family dwellings and multi-family dwellings.
(4) To regulate density and distribution of population.
(b) Location and Approval Criteria. As a conditional use, multi-family dwellings shall only be permitted on specific parcels that comply with the following criteria:
(1) The location of lots for multi-family dwellings in a C-1 or T-C District shall abut at least one of the following:
A. A residential district so as to serve as a transition between lower density residential and non-residential development; or
B. An existing multi-family development.
(2) Vehicular and pedestrian circulation shall have direct access to the major street or be located off the side street in a manner so as not to be disruptive to abutting single-family neighborhoods.
(3) Developments shall only be permitted in areas served by centralized water and sewer.
(4) In addition to the general review criteria for conditional uses set forth in Section 1141.02, the Planning Commission and Council shall review a proposed multi-family development giving particular consideration to the following:
A. Buildings within the proposed development shall be located so as to reduce any adverse influences and to protect the residential character of areas both within and adjacent to the multi-family development;
B. Diversity and originality in individual building design shall be encouraged to achieve the best possible relationship between development and the land;
C. Significant buffer zones with adequate landscaping shall be provided between the proposed multi-family dwellings and existing single-family neighborhoods.
D. Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the multi-family development shall be so designed as to have access to public streets without creating traffic hazards or congestion;
E. The layout of parking areas, service areas, entrances, exits, yards, courts, landscaping, signs, lighting, and other potentially adverse influences shall be designed and located to protect the residential character within and adjacent to the multi-family development.
(c) Permitted Uses. As part of a multi-family development, the following uses and dwelling types shall be permitted:
(1) Cluster single-family dwellings provided no more than fifty percent (50%) of the total units in the multi-family development are detached units;
(2) Attached single-family dwellings with a maximum of eight units attached;
(3) Two-family dwellings;
(4) Apartments with a maximum of 20 dwelling units per building;
(5) Accessory recreational and community facilities for use by the residents of the multi-family development;
(6) Other accessory uses permitted in the district in which the development is located.
(d) Minimum Land Area. The gross area of a tract of land proposed to be developed for multi-family purposes shall be no less than one acre to ensure that each project creates an appropriate residential environment. The area proposed shall be in one ownership or, if in several ownerships, the application shall be filed jointly by all the owners of the properties included in the plan.
(e) Development Standards. A multi-family development approved as a conditional use may vary as follows from the standard requirements of the district in which it is located:
(1) Density. The density of a multi-family development shall not exceed six dwelling units per acre. The total number of units permitted shall be calculated by multiplying the total land area, exclusive of public streets existing at the time the site plan is submitted, by the maximum density permitted per acre.
(2) Distance from Streets. All principal buildings and accessory buildings shall be set back from:
A. A public right-of-way a distance not less than 50 feet;
B. Private streets, parking lots and other primary vehicular accessways a distance not less than 20 feet, except that detached parking garages may be adjacent to parking lots.
(3) Distance from Property Lines. All principal buildings in a multi-family development shall be located no closer than 40 feet to a property line except that when a proposed multi-family abuts a non-residential district or development, or an existing multi-family development, principal buildings shall be located no less than 20 feet from the property line forming the common boundary.
(4) Minimum Spacing Between Dwellings. The minimum distance between all dwellings, including attached terraces, decks, and patios shall be 10 feet or equal to one-half the building wall overlap, whichever is greater, provided that when the walls of one or both buildings contain windows of living rooms, bedrooms or dining rooms, the separation shall be 60 feet. In no case shall the separation be required to exceed 60 feet.
(5) Maximum Building Height. The height of principal buildings shall not exceed 35 feet and accessory buildings shall not exceed 15 feet.
(Ord. 3-95. Passed 1-17-95.)
(6) Minimum Floor Area of Dwelling Units. The minimum floor area for a dwelling unit shall be not less than specified below. For attached single-family units, townhouse units and apartment units, measurements shall be made to the center line of party walls. All areas within garages, porches, public hallways and general storage rooms in apartment dwellings shall be excluded from this measurement.
A. Single-Family Detached Units: 1,400 square feet per dwelling unit.
B. Two-Family: 1,200 square feet per dwelling unit.
C. Attached Single-Family: 1,400 square feet per dwelling unit.
D. Apartment: 950 square feet for each one bedroom dwelling unit; 1,000 square feet for each two bedroom dwelling unit; and 1,200 square feet for each three bedroom dwelling unit.
(Ord. 18-97. Passed 5-6-97.)
(7) Senior Citizen Apartments. For a multi-family development which is intended to be exclusively devoted to Senior Citizen Apartments, the minimum dwelling unit floor area shall be 500 square feet provided that to qualify as a senior citizen apartment development the applicant shall present documentation to the satisfaction of the Law Director that ensures that the multi-family dwelling units are constructed for and perpetually reserved for senior citizen apartments.
(8) Open Space Requirements. A minimum of twenty percent (20%) of the total area in a proposed multi-family development shall be devoted to public and/or private open space, preservation areas, recreational areas, or recreational facilities.
A. Land area devoted to parking areas, land fragments between two or more buildings and between buildings and parking areas, and required yards between property lines and buildings and between property lines and parking areas shall not be included as open space.
B. The required amount of open space shall either be: held in corporate ownership by owners of the project area, for the use of residents within the development; dedicated to a homeowners' association who shall have title to the land which shall be retained as common open space for parks, recreation and related uses; or offered for dedication to the City for perpetual preservation as a natural area or public recreational use.
C. The legal articles relating the organization of the homeowners association are subject to review and approval by the Planning Commission and Council and shall provide adequate provisions for the perpetual care and maintenance of all common areas.
D. Public utility and similar easements and rights-of-way are not acceptable for common open space dedication unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the Planning Commission.
E. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
F. Such open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(9) Landscaping and Screening Requirements. A multi-family development shall provide and maintain the following landscaping and screening standards:
A. Front Yard Landscaped Strip. A strip 50 feet wide immediately adjacent to any street right-of-way and running the width of the site (except for vehicular entrances and exits) shall be planted, landscaped and maintained in a neat and orderly fashion. No other uses, including parking, shall be permitted in this strip, except for driveways.
B. Side and Rear Yard Screening. A strip of land at least 10 feet in width and running the length of every side and rear yard shall be landscaped and planted for screening purposes and shall be devoid of all other uses, including parking and driveways. The total side and rear yard width shall be maintained in a neat and orderly fashion.
(10) Required Parking. Parking spaces shall be provided in accordance with the requirements and design standards set forth in Chapter 1143.
(11) Additional Standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time the site plan and the conditional use request are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the proposed multi-family development.
(Ord. 3-95. Passed 1-17-95)