§ 21-38. R-3, Multi-family Residential—Low Density.

(a)

Permissible Future Land Use classifications: Primary Activity Center, Neighborhood Activity Center, Traditional Neighborhood Area, and Residential-Low Density.

(b)

The R-3, Multi-family Residential-Low Density zoning district is to provide areas for moderate density single family detached residential development, and a wide range of attached types of dwelling units with the incidental accessory uses that are normally located with the principal use.

Specific permitted uses, accessory uses, special uses, and conditional uses for the R-3 zoning district are contained in Table 21-32A of this Code.

In the R-3 zoning district, the maximum density shall not exceed ten (10) dwelling units per gross acre. For parcels located within one thousand three hundred twenty (1,320) feet of a transit route or within the area mapped as the Central Urban Core by the Comprehensive Plan's Future Land Use Map, the maximum permitted density may be increased up to twelve (12) dwelling units per gross acre.

The minimum density for parcels within the R-3 zoning district shall be in accordance with the adopted Future Land Use which is described in Table 21-38A.

Table 21-38A
Future Land Use Designation	Required Minimum Density
Residential-Low Density	2.01 units per acre
Traditional Neighborhood Area	3.0 units per acre
Neighborhood Activity Center	5.0 units per acre
Primary Activity Center	4.0 units per acre

 

(c)

Locational criteria:

1.

The following locational criteria shall be followed when assigning R-3 zoning to parcels in the City:

a.

No parcels located beyond one thousand three hundred twenty (1,320) feet of a potable water line or sewer line shall be designated as R-3 on the Zoning Map. Existing parcels mapped as R-3 by the Official Zoning Map on or prior to October 23, 2017, shall not be subject to this requirement.

2.

The following locational criteria shall be considered when assigning R-3 zoning to parcels within the City:

a.

Proximity to existing or proposed transit routes;

b.

Proximity to multi-use trails;

c.

Proximity to public school facilities:

d.

Proximity to parks and recreational facilities;

e.

Proximity to supporting commercial and institutional uses.

(d)

Building form standards. Parcels located within the area mapped as the Central Urban Core by the Future Land Use Map shall follow the urban development standards as contained in Table 21-38B. Parcels located outside of the Central Urban Core shall have the option of following either the development standards contained in Table 21-38B or Table 21-38C.

Table 21-38B R-3 Zoning District Development Standards for properties located within the Central Urban Core Future Land Use Designation
Lot & Building Standard				Requirement
Lot/Parcel Size	Area	Single-family & Patio Homes		Minimum: 4,500 square feet;
				Maximum	Lakefront: 25,000 square feet (See Note 1)
					Non-lakefront: 15,000 square feet
		Townhouse		Minimum 2,000 square feet
		Apartments & Condominiums		Minimum 7,200 square feet
	Width	Single-family		Minimum 50 feet
		Townhouses		Minimum 20 feet
		Patio Homes		Minimum 40 feet
		Apartments & Condominiums		Minimum 50 feet
Living Area		Single-family		Minimum 750 square feet
		Townhouses, Apartments, & Condominiums		Minimum 400 square feet
Front Yard Setback		Living Area (If no porch is present)		Minimum 15 feet; Maximum 60 feet (excluding flag lots)
		Porch/Covered Entry (if present)		Minimum 10 feet
		Front Entry Garage		Minimum 25 feet
Side Yard Setback		Single-family Detached		Minimum 8 feet (See Notes 2 & 4)
		Apartments & Condominiums	Floors 1 & 2	Minimum 8 feet
			Floors 3 & 4	Minimum 10 feet
		Townhouses		Minimum 0 feet; 10 feet from project perimeter
		Patio Homes		None, except a building separation is required (See Note 4); 10 feet from project perimeter
		Street Side Yard Setback (all building types)		Minimum 10 feet; Maximum 50 feet
Multi-unit Building Separation				Minimum 15 feet
Rear Yard Setback (all building types)				Minimum 15 feet
Building Height (above finished grade)				Maximum 4 Floors up to 52 feet in total building height
Lot/Parcel Coverage		Single-family, Apartments, & Condominiums		Maximum 50%
		Townhouses & Patio Homes		Maximum 60%
Impervious Surface				Maximum 70%; Maximum 60% for waterfront parcels
Accessory Buildings		Accessory Building Area		Maximum 10% of Lot Area up to 1,500 square feet
		Setbacks		Minimum 3 feet from side and rear property lines
		Building Height (above finished grade)		Maximum 2 floors or 26 feet of total building height
		Building Separation	Single-family & Patio Homes	Minimum 5 feet
		Apartments, Townhouses, & Condominiums		Minimum 15 feet

 

Table 21-38C R-3 Zoning District Development Standards for properties located outside the Urban Core Future Land Use Designation
Lot and Building Standard				Requirement
Lot/Parcel Size	Area	Traditional Single-family & Patio Homes		Minimum 5,000 square feet;
				Maximum	Lakefront: 25,000 square feet (See Note 1)
					Non-lakefront: 17,000 square feet
		Townhouse		Minimum 3,000 square feet
		Apartments & Condominiums		Minimum 8,500 square feet
	Width	Single-family		Minimum 55 feet
		Townhouses		Minimum 25 feet
		Patio Homes		Minimum 40 feet
		Apartments & Condominiums		Minimum 75 feet
	Depth			Minimum 100 feet
Living Area	Traditional Single-family & Patio Homes			Minimum 750 square feet
	Townhouses, Apartments, & Condominiums			Minimum 400 square feet
Front Yard Setback	Living Area (if no porch is present)		Local or Collector Street	Minimum 20 feet
			Arterial Street	Minimum 35 feet
	Porch/Covered Entry (if present)		Local or Collector Street	Minimum 15 feet
			Arterial Street	Minimum 30 feet
Side Yard Setback	Single-family, Apartments, & Condominiums		1 or 2 floors	Minimum 10 feet (See Notes 3 & 4)
			3 floors	Minimum 15 feet
	Townhouses			Minimum 0 feet; 15 feet from project perimeter
	Patio Homes			None, except a building separation is required (See Note 4); 15 feet from project perimeter
Street Side Yard Setback (All building types)	Local or Collector Street			Minimum 15 feet
	Arterial Street			Minimum 30 feet
Multi-unit Building Separation				Minimum 15 feet
Rear Yard Setback (all building types)				Minimum 20 feet
Building Height (above finished grade)				Maximum 3 Floors up to 50 feet in total building height
Lot/parcel Coverage	Single-family, Apartments & Condominiums			Maximum 40%
	Townhouses & Patio Homes			Maximum 50%
Impervious Surface				Maximum 60%
Accessory Buildings	Accessory Building Area			Maximum 10% of Lot Area up to 1,500 square feet
	Setbacks			Minimum 3 feet from side and rear lot lines
	Building Height			Maximum 2 floors or 26 feet
	Building Separation	Single-family & Patio Homes		Minimum 5 feet
		Apartments, Townhouses, & Condominiums		Minimum 15 feet

 

Notes for Tables 21-38B and 21-38C

1.

The Development Special Magistrate may hear requests to exceed the maximum lakefront lot size for existing or proposed lots with extraordinary environmental and/or topographic features or regulatory requirements which may require the creation of an exceptionally large lot.

2.

The minimum eight (8) foot setback may be reduced to a minimum of three (3) feet for a maximum of fifty (50) percent of the side building elevation for certain architectural features. Items that are permitted for encroachment include carports, porches, building entrances, bay windows, and other architectural features as may be approved by the Development Special Magistrate.

3.

The minimum ten (10) foot setback may be reduced to a minimum of five (5) feet for a maximum of fifty (50) percent of the side building elevation for certain architectural features. Items that are permitted for encroachment include carports, porches, building entrances, bay windows, and other architectural features as may be approved by the Development Special Magistrate.

4.

Provided all applicable fire and building codes are met.

(e)

Other requirements:

1.

Clubhouses and similar facilities are permitted on parcels retained by the developer or dedicated to and maintained by a homeowners association.

2.

No more than eight (8) attached units in a row per floor shall be constructed in any one (1) building. Buildings containing between six (6) and eight (8) units in a row per floor shall utilize a varying roof line. The variation may be in the form of elevation changes or the use of multiple roof styles. The Planning Commission may consider requests to increase the maximum number of contiguous units in a row per floor in a building from eight (8) up to a maximum of twelve (12).

3.

See Article III of this Code for landscaping, parking, site access, stormwater, and utility connection requirements.

4.

Where additional density is permitted based on proximity to a transit route or terminal, a sidewalk connection to the transit route or terminal shall be required.

5.

Any development creating three (3) or more lots of record shall require a subdivision plat meeting the standards found in Article III for the subdivision of land.

6.

Cluster or zero lot line developments. Cluster or zero lot line developments shall adhere to the special design standards below. Examples of cluster or zero lot line housing types include cluster houses, patio homes, garden homes, townhouses, zero lot line homes, and z-lot development housing types.

a.

A cluster or zero lot line development project comprising five (5) or more acres shall be required to provide no less than ten (10) percent of the total project area as park and recreational uses for the occupants of the project. Such park and recreational land shall be provided as common property under the management of a homeowners' association. Such lands may include playing fields, sport courts (indoor or outdoor), recreation buildings, open areas for passive or low intensity recreation use, picnic areas, nature trails, boardwalks, boat ramps, water bodies, and swimming pools.

b.

Where internal streets are to be retained in private ownership, a security gate or other form of barrier to restrict access may be installed. However, the developer or homeowners' association shall be responsible for providing access to emergency and other government or utility service vehicles into and within the project when necessary.

c.

Accessory structures may be located on the lot line with a zero setback from the property line provided that a minimum of five (5) feet is maintained from all structures on all adjoining lots.

(f)

Pre-existing Development.

1.

Any lot or parcel exceeding the maximum lot or parcel size that was legally created prior to October 23, 2017, shall be considered a legal conforming lot or parcel for the purposes of this Code.

2.

Any house or multi-family residential building containing an attached garage, and existing or permitted prior to October 23, 2017, shall be considered a legal conforming structure if the attached garage meets the minimum front yard setback for the living area of the house or multi-family residential building as provided for in Table 21-38B.

3.

Existing construction permitted on or before October 23, 2017, shall not be subject to maximum setback requirements contained in Table 21-38B.

(g)

Multi-family Conversions. The conversion of a single-family structure into three (3) or more residential units shall require special use approval from the Planning Commission. When considering a request for a conversion, the Planning Commission shall, at a minimum, consider the following: density, access to the property, ability to provide required on-site parking, and the impact on public school capacity.

(h)

The Development Special Magistrate is authorized to hear requests to vary building form standards contained in Tables 21-38B and 21-38C. In addition to the criteria contained in Article VII of this Code for the granting of variances, the Development Special Magistrate may take into consideration the existing front yard and street side yard setbacks of principal structures located on the adjacent properties.

(Ord. No. O-00-09, Art. 2 (2.02.03.05), 4-24-00; Ord. No. O-00-28, § 1(E), 10-2-00; Ord. No. O-17-33 , § 2, 10-23-17)