§ 156.078  R-3 RESIDENTIAL DISTRICT.
   (A)   General. The nature of this district permits the combining of single-family, two-family and multi-family dwellings in a medium density environment designed to promote healthy and safe living conditions. In order to provide for flexibility in design and building methods, separate area, width and yard requirements are provided for developments consisting of only one primary structure on a parcel of land, and for those developments consisting of more than one primary structure on a parcel of land. Non-residential uses shall be restricted to those facilities which may appropriately be located in residential areas to serve educational, religious, recreational and other essential services for the residents and does not create a substantial negative impact on the residential area.
   (B)   Use regulations.
      (1)   Permitted uses. No building or land shall be used and no building shall be erected, reconstructed or structurally altered to be used for any purpose other than a use which is permitted in Table 1 of this chapter.
      (2)   Special uses. Special uses may be permitted as designated in Table 1 of this chapter, if they meet the requirements set forth in §§ 156.100 through 156.107 of this chapter and, upon application, are specifically authorized.
      (3)   Mobile home parks - mobile home subdivisions. Mobile home parks and mobile home subdivisions will not be allowed within Town limits.
      (4)   Accessory uses. Accessory uses and/or buildings shall be permitted in accordance with §§ 156.010 and 156.130 of this chapter.
   (C)   Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the limits established as follows.
      (1)   The maximum height permitted for a residential dwelling shall be 35 feet, not to exceed three stories.
      (2)   The maximum height permitted for an accessory building shall be 14 feet, not to exceed one story.
      (3)   A non-residential building or structure permitted as a special use, 35 feet; such height may be increased to a maximum of 40 feet; provided that, for every foot of height in excess of 35 feet, there shall be added to all yard requirements, one corresponding foot of width and depth.
   (D)   Area, width and yard regulations - single primary structure on a parcel of land. No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon or reduce the regulations of this chapter.
      (1)   Both municipal sewer and water. A single primary structure hereafter constructed shall be on a lot having a minimum width of 75 feet at the established building line and if served by both municipal sewer and water a minimum lot area per unit as follows:
 
Type of Dwelling
Minimum Lot Area Per Unit
Efficiency apartments
1,500 sq. ft.
Homes for the aged
1,000 sq. ft.
Multi-family
3,000 sq. ft.
Single-family
6,600 sq. ft.
Single-family attached
4,000 sq. ft.
Two-family
5,000 sq. ft.
 
      (2)   Either municipal sewer and water. A single primary structure hereafter constructed shall be on a lot having a minimum width of 75 feet at the established building line and if served by either municipal water or sewer, a minimum lot area per unit as follows:
 
Type of Dwelling
Minimum Lot Area Per Unit
Efficiency apartments
5,000 sq. ft.
Homes for the aged
4,000 sq. ft.
Multi-family
5,000 sq. ft.
Single-family
12,000 sq. ft.
Single-family attached
5,000 sq. ft.
Two-family
7,500 sq. ft.
 
      (3)   Neither municipal water or sewer. A single primary structure hereafter constructed shall be on a lot having a minimum width of 75 feet at the established building line and if neither municipal sewer or water is available, a minimum lot area of 20,000 square feet shall be provided for both single- family and two-family dwellings. All other dwelling units shall have private systems for water and sewerage approved by the State Board of Health and have a minimum lot area of 5,000 square feet per unit.
      (4)   Front yard. There shall be a front yard of not less than 25 feet in depth between the front property line and the building or the furthermost projection thereof.
      (5)   Side yard requirements - single primary structure.
         (a)   On each interior lot, there shall be two side yards.
            1.   One- and/or two-story structures: an aggregate width of not less than 20 feet and neither side yard having a width of less than eight feet between the side property line and the furthermost projection of the building.
            2.   Three story structure: an aggregate width of not less than 24 feet and neither side yard having a width of less than ten feet from the side property line to the furthermost projection of the building.
            3.   Any structure having one-half story below grade level shall abide by the side yard requirements of the next full story structure.
         (b)   On a corner lot, there shall be two side yards, the side yard abutting the street having a width of not less than 25 feet. The aggregate width minimums noted in division (D)(5)(a) above shall apply on the interior lot side according to the height of the structure.
      (6)   Rear yard requirements - single primary structure. There shall be a rear yard on each lot, the depth of which shall be not less than 25 feet. An accessory building may be erected within the rear quarter of the lot, observing the above side yard requirements and be located no closer than ten feet from the rear lot line.
   (E)   Regulations for planned multi-family residential development. A planned multi-family development shall consist of more than one multi-family residential structure on a parcel of land under a single ownership. Special use procedures may permit certain commercial establishments to be constructed and operated within the development for the convenience of the residents.
      (1)   Minimum lot area - planned multi-family residential development.
         (a)   If served by both municipal water and sewer, single-family attached dwellings and multi-family dwellings shall have 3,000 square feet per unit.
         (b)   If served by either municipal water or sewer, single-family attached dwellings and multi-family dwellings shall have 5,000 square feet and efficiency apartments shall have 4,000 square feet.
         (c)   If neither municipal water or sewer is available, all private water and sewer systems shall be approved by the State Board of Health and have a minimum lot area of 5,000 square feet per dwelling unit.
      (2)   Distance from all lot lines - planned multi-family residential development. There shall be a minimum distance of not less than 30 feet from any lot line to the furthermost projection of any principal structure, and 15 feet from any lot line to an accessory building.
      (3)   Distance between structures - planned multi-family residential development. There shall be a minimum distance of not less than 40 feet between principal structures and not less than 20 feet between a principal structure and an accessory building.
      (4)   Livability open space - planned multi-family residential development. There shall be a minimum livability open space (non-vehicular space) of two times the gross residential floor area.
      (5)   Commercial establishments - planned multi-family development.
         (a)   Any commercial establishment permitted by special use shall be of one story construction compatible with the design of the overall development or, if incorporated as part of a residential structure, it shall be restricted to the ground floor.
         (b)   The commercial portion of the development shall be designed and located in such a manner to avoid encouraging outside vehicular traffic entering the development.
         (c)   Commercial area usage shall contain no more than a total of 5,000 square feet of floor area and no one single establishment shall exceed 1,500 square feet. Permitted uses shall be limited to those necessary to serve the daily or frequent pedestrian trade and/or service needs of the immediate area.
         (d)   No building permit shall be issued for the construction of any commercial establishment within the planned development until a minimum of 65% of the residential units within the development are under roof.
   (F)   Fence regulations. Fences shall be in accordance with the provisions of §§ 156.120 and 156.121 of this chapter.
   (G)   Visibility clearance. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
   (H)   Off-street parking and loading requirements. Off-street parking and loading space shall be in accordance with § 156.122 of this chapter.
   (I)   Sign regulations. Signs shall be in accordance with the provisions in § 156.123 of this chapter.
   (J)   Approval of site plan. Site plan approval by the Plan Commission shall be required prior to issuance of a building permit for any structure other than a single-family or two-family residential dwelling and their accessory building in accordance with the provisions of § 156.041 of this chapter.
(Ord. 9-80, passed 12-15-1980)