(A) General description. This Residential District is intended to promote and encourage the establishment and maintenance of a suitable environment for urban residence in areas appropriate by location and character for occupancy by high-density, multiple-family dwellings. One of the important purposes of this District is to create adequate standards of residential development in order to prevent overcrowded and unhealthy housing conditions.
(B) Primary uses permitted. Property and structures in an R-3 Multi-family Residential District shall be used for the following purposes:
(1) Any use permitted in the R-1 and R-2 Districts including two or more attached dwellings with each dwelling on an individually platted lot;
(2) Accessory structures and uses customarily incidental to a primary use when located on the same lot, after the primary use has been established;
(3) Bed and breakfast;
(4) Cemetery;
(5) Childcare center;
(6) Church or place of worship;
(7) Fraternity or sorority house.
(8) Group care homes/assisted living facility;
(9) Manufactured home parks;
(10) Multi-family dwelling units; and
(11) Small scale solar energy conversion facility as an accessory to a primary use.
(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:
(1) Historic monument/place;
(2) Home Occupation Type 2 with greater than 15% of the floor area of the structure dedicated to the home occupation;
(3) Office;
(4) Personal services;
(5) Privately owned recreational use;
(6) Private school or educational service;
(7) Publicly owned structure/facility/park;
(8) Public utility substation;
(9) Restaurant or food preparation;
(10) Retail;
(11) Telecommunications facilities; and
(12) Personal service establishment.
(D) Area regulations. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:
(1) Front setback:
(a) Twenty-five feet for all structures not exceeding 35 feet in height;
(b) If a lot abuts a 100 foot wide public right-of-way, the front setback may be a minimum of 12 feet and provided that a garage door facing the street is a minimum of 20 feet from the public sidewalk. This shall apply only to lots where all structures do not exceed 35 feet in height; and
(c) Thirty-five feet for all structures that are 35 feet and taller in height. (Exception: Telecommunications shall follow § 156.067.)
(2) Side setback:
(a) Single-family and two-family dwellings on one lot: eight feet; except lots platted before April 1980: five feet;
(b) Two or more attached dwellings with each dwelling on a separate lot: zero feet at common/shared wall and eight feet on remaining sides; see Figure 2b;
(c) Multi-family dwellings: 12 feet. For structures 35 feet and taller in height: 12 feet plus one foot additional side setback for every additional 12 feet of structure height; and
(d) All unattached structures of accessory use: five feet.
(3 ) Rear setback:
(a ) Twenty- five feet for all structures not exceeding 35 feet in height; and
(b) Thirty feet for all structures 35 feet and taller in height
(4) Minimum lot width: 75 feet at the front setback line except:
(a) Lots platted before April 1980 which shall not be required to comply; and
(b) For two or more attached dwellings where each dwelling is on an individually platted lot, the lot width shall be what is necessary to accommodate setbacks, off-street parking and the dwelling unit.
(5) Minimum lot size: 8,000 square feet for all primary uses. Exceptions to this requirement are:
(a) Single-family dwellings or two-family dwellings on one common lot platted before April 1980;
(b) For attached dwellings where each dwelling is on an individually platted lot, the lot size shall be what is necessary to accommodate setbacks, off-street parking and the dwelling unit; and
(c) Lots smaller than 8,000 square feet and platted before April 1980 may develop according to the density regulation in division (D)(7) below.
(6) Density regulations: For lots smaller than 8,000 square feet, after July 2014, the maximum density in the R-3 District is two dwellings per lot;
(7) Maximum lot coverage: 30%;
(8) Maximum structure height:
(a) All primary uses and conditional use permit uses: maximum of 60 feet; and
(b) Unattached accessory structures: maximum of 15 feet.
(10) Usable open space (applies only to property where all dwellings are on one common lot):
(a) Structures not exceeding 35 feet in height: 400 square feet per dwelling unit;
(b) Structures 35 feet and taller in height: 300 square feet per dwelling unit; and
(c) Within the usable open space, designated play area for children must be provided at 50 square feet per dwelling unit. This shall not apply to multi-family developments exclusively restricted to the elderly.
(Prior Code, App. A, Art. IV, § 4) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1195, passed 7-7-2014; Ord. 1239, passed 3-21-2016; Ord. 1276, passed 4-2-2018; Ord. 1278, passed 5-7-2018; Ord. 1354, passed 10-18-2021)