§ 156.077 R-3 MULTIPLE-FAMILY.
   (A)   General conditions.
      (1)   No adult-use cannabis business establishment shall be permitted.
      (2)   No short-term rental shall be permitted.
   (B)   Permitted uses. The following uses are permitted:
      (1)   Multiple-family dwellings and permitted accessory buildings and accessory uses, including temporary sales offices. Rental offices and property management offices shall be permitted as accessory uses if they are located within a multiple-family building, and common recreational and meeting areas shall be permitted as accessory uses for the sole use of residents and their guests, if they are located within a multiple-family building.
      (2)   Nonresidential uses permitted in the R-2 District.
   (C)   Special uses. The following uses may be allowed by special use in accordance with the provisions of § 156.022 of this code:
      (1)   Special uses permitted in an R-2 District.
      (2)   Senior citizen housing.
      (3)   Assisted living facilities.
      (4)   Nursing facilities.
      (5)   Retail uses, not including offices, on the ground floor of a multiple-family building, as follows:
         (a)   Barbershops.
         (b)   Beauty parlors.
         (c)   Book and stationery stores, excluding adult book stores.
         (d)   Candy and ice cream stores.
         (e)   Drug stores.
         (f)   Dry cleaning and laundry service, drop-off and pick-up only.
         (g)   Florist shops.
         (h)   Convenience food markets, meat markets, bakeries, and delicatessens.
         (i)   Card and gift shops.
         (j)   Package liquor stores.
         (k)   Restaurants, subject to approval of a site plan and floor plan, and evidence provided by the petitioner to show that building construction and venting of odor and smoke will be provided in a manner appropriate to the type of restaurant proposed and to a multiple-family, multiple use building.
         (l)   Tailor shops.
      (6)   Freestanding rental offices and property management offices accessory to multiple-family dwellings, and freestanding clubhouses and common recreational facilities accessory to multiple-family dwellings, for the sole use of residents and their guests.
   (D)   Minimum floor area. There shall be provided a minimum floor area as follows:
      (1)   For each dwelling unit in a multiple-family building, exclusive of common halls, stairways, or other common areas:
 
Dwelling Unit
Minimum Floor Area
(sq. ft.)
Efficiency and one-bedroom
700
Two-bedroom
900
Three-bedroom
1,050
Four or more bedrooms
1,200
 
   Rooms designated as a den, study, library or similar use shall be counted as a bedroom in computing the minimum floor area.
      (2)   No minimum floor area shall be required for a nonresidential building.
   (E)   Lot area and lot width. There shall be provided a minimum lot area and minimum lot width as follows:
      (1)   Not less than 20,000 square feet for each multiple-family residential building hereafter erected and a minimum lot width measured at the established building line of 100 feet, provided that minimum lot area shall be determined as follows:
 
Type of Dwelling Unit
Land Area Per Dwelling Unit (sq. ft.)
3 or more bedrooms
7,260 square feet/unit
2 bedrooms
6,225 square feet/unit
1 bedroom and efficiency
5,450 square feet/unit
 
      (2)   Not less than 20,000 square feet for each multiple-family residential building erected prior to 1993 and a minimum lot width measured at the established building line of 100 feet, provided that minimum lot area shall be determined as follows:
 
Type of Dwelling Unit
Land Area Per Dwelling Unit (sq. ft.)
3 or more bedrooms
3,000 square feet/unit
2 bedrooms
2,400 square feet/unit
1 bedroom and efficiency
2,200 square feet/unit
 
      (3)   As required in the R-1 District for permitted nonresidential uses.
      (4)   The area devoted to streets shall not be used in computing the lot area per dwelling unit.
   (F)   Yard areas. (See Appendices B and D of this chapter.) There shall be provided minimum yards as follows:
      (1)   Front yard:
         (a)   Multiple-family buildings:
            1.   Not less than 30 feet in depth on a subdivided lot, or along the exterior boundaries of a lot developed as a planned unit development. One additional foot in depth shall be provided for each two feet in height for a multiple-family building that is 35 feet to 50 feet in height, and a minimum front yard of not less than 50 feet in depth shall be provided for a multiple-family building that is over 50 feet in height, as permitted, by exception, in a planned unit development pursuant to § 156.025 of this code. A minimum front yard of not less than ten feet in depth shall be provided for paved area.
            2.   Not less than a 126 foot interval of separation between adjacent multiple-family buildings if the lot is not subdivided, which interval is consistent with the required interval of separation in a subdivision, based on a 66-foot right-of-way and a 30-foot front yard on either side. One additional foot shall be added to the interval of separation for each two feet in height for a multiple-family building that is 35 feet to 50 feet in height, and a minimum of a 50-feet interval of separation shall be provided for a multiple-family building that is over 50 feet in height, as permitted, by exception, in a planned unit development pursuant to § 156.025 of this code. A minimum interval of separation of not less than ten feet shall be provided between paved area and the front wall of the building and a paved area shall be permitted at or behind a line 43 feet from the center line of the street pavement. If the lot is not subdivided, the front yard shall be the yard between a street and the building.
         (b)   As required in the R-1 District for permitted nonresidential buildings.
         (c)   Visual environment. In order to conserve existing property values, to preserve the attractiveness of homes and home surroundings, to prevent erosion, to assist in stormwater and flood control, and to provide for clean air, required front yards shall be devoted primarily to landscaped area except for the necessary paving of driveways and sidewalks to reach parking in the side or rear yard. Landscaped areas shall mean that the area is primarily devoted to the growing of shrubbery, grass, and other plant material.
      (2)   Interior side yards:
         (a)   Multiple-family buildings:
            1.   Not less than 20 feet in depth on each side of a multiple-family building if the lot is subdivided, or along the exterior boundaries of a lot developed as a planned unit development. One additional foot in depth shall be provided for each one foot in height for a multiple-family building that is 35 feet to 50 feet in height. A minimum side yard of not less than five feet in depth shall be provided for paved area.
            2.   Not less than a 40-foot interval of separation between adjacent multiple-family buildings if the lot is not subdivided. One additional foot shall be added to the interval of separation for each one foot in height by which the building height exceeds 30 feet. A minimum interval of separation of not less than ten feet shall be provided between paved area and the side wall of a building. If the lot is not subdivided, the interior side yards shall be the yards between the front yard and the rear yard on either side of the building.
         (b)   As required in the R-1 District for permitted nonresidential buildings.
      (3)   Rear yard:
         (a)   Multiple-family buildings:
            1.   Not less than 30 feet in depth on a subdivided lot, or along the exterior boundaries of a lot developed as a planned unit development. One additional foot in depth shall be provided for each one foot in height for a multiple-family building that is 35 feet to 50 feet in height. A minimum rear yard of not less than five feet in depth shall be provided for paved area.
            2.   Not less than a 60-foot interval of separation between multiple-family buildings that are adjacent at the rear of each building if the lot is not subdivided. Not less than a 50-foot interval of separation between multiple-family buildings that are adjacent at the rear of one building and at the side of the other if the lot is not subdivided. One foot shall be added to the interval of separation for each one foot by which the building height exceeds 30 feet. A minimum interval of separation of not less than ten feet shall be provided between paved area and the rear wall of a building. If the lot is not subdivided, the rear yard shall be the yard opposite the street.
         (b)   As required fn the R-1 District for permitted nonresidential buildings.
   (G)   Maximum lot coverage. There shall be allowed a maximum lot coverage as follows:
      (1)   Subject to the applicable restrictions established in § 156.045(B) of this code for permitted obstructions in yards, not more than 70% of the net lot area may be occupied by a multiple-family building, combining building and pavement coverage, and including but not limited to streets, sidewalks, driveways, and parking lots, including aisles.
      (2)   As required in the R-1 District for permitted nonresidential buildings.
   (H)   Building height. There shall be allowed a maximum building height as follows:
      (1)   Not more than 50 feet in height for multiple-family buildings, except as permitted, by exception, in a planned unit development pursuant to § 156.025 of this code.
      (2)   As required in the R-1 District for permitted nonresidential buildings.
   (I)   Visual environment. In order to conserve existing property values, to preserve the attractiveness of homes and home surroundings, to prevent erosion, to assist in water and flood control, and to further provide for clean air, a sum of money, as set forth on the approved building permits, shall be budgeted and used by the owners to purchase, plant, and maintain mature sized trees, shrubbery, grass, and other suitable landscaping upon the grounds. Plans for the installation of such landscaping shall be subject to the approval of the Director of Community and Economic Development prior to the issuance of permits. No lighting on a residential zoning lot shall cause any glare or excessive light spillover onto any adjacent residential property from interior or exterior lighting. All exterior lighting fixtures shall be directed or shaded to avoid casting direct light upon any adjacent residential property or into any public streets or parks. In no case shall such lighting exceed two foot candles measured at any lot line.
(Ord. 06-10, passed 7-11-06; Am. Ord. 06-23, passed 11-14-06; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 22-02, passed 1-11-22; Am. Ord. 22-24, passed 8-23-22) Penalty, see §156.999