Section 21. Uses Permitted Outright.
(1) Multiple-family dwellings (3 or more attached units on one lot).
(2) Townhomes (attached single-family housing or row houses on their own lots with 3 or more units).
(3) Neighborhood commercial uses as defined in Section 26E.
(4) Duplex (two-family attached dwelling on one lot), which shall comply with the standards in R2 zone (Sections 15-20A).
(5) Accessory structures.
[§21 amended by Ordinance No. 1116, passed June 24, 2003.]
Section 22. Conditional Uses Permitted. In a R3 zone, the following uses and their accessory uses are permitted when authorized in accordance with the requirements of Sections 97 through 102 of this ordinance:
(1) [deleted]
(2) Manufactured dwelling park meeting requirements of Appendix A.
[§22 amended by Ordinance No. 1116, passed June 24, 2003.]
Section 22A. Development Review. In an R3 zone, development review by the city administrator or designee shall be required to ensure compliance with the following sections regarding R3 standards: Sections 24, 24A, 25, 26, 26A, 26B, 26C, 26D, 26E, 26F:
(1) Uses requiring development review. Development review shall be required for the following uses:
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- Townhomes.
- Multi-family buildings.
- Neighborhood commercial buildings.
- Residential care homes and residential care facilities.
(2) Procedure. Development review is a non-discretionary, administrative review conducted by the city administrator or designee. Development review shall follow Section 111A(1) type procedures for administrative decisions.
(3) General submission requirements. The applicant shall submit an application on forms provided by the city administrator that shall:
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- Contain all the general information required;
- Address the criteria in sufficient detail for review and action; and
- Be filed with the required fee as established by the city council.
(4) Development review information. An application for development review shall include a proposed site plan on a page size of 11 inches x 17 inches or larger, containing the following information if applicable, and other similar information as deemed necessary by the city administrator or designee:
- North arrow, scale, names, addresses, and telephone numbers of all persons listed as owners on the most recently recorded deed.
- Name, address, and phone numbers of project designer, engineer, surveyor, and/or planner, if applicable.
- The proposed development site, including boundaries, dimensions, and gross area.
- Features which are proposed to remain on the site.
- The location and dimensions of all existing and proposed structures, utilities, pavement, and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan, including dimensions necessary to calculate commercial floor area if applicable.
- Landscape plan if applicable.
- Location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements.
- Location and dimensions of entrances and exits to the site for vehicular and pedestrian access, including pedestrian circulation routes and location and dimensions of parking areas if applicable.
- Location and dimensions of common and private open spaces if applicable.
- Location and dimensions of trash receptacles if applicable.
- Detail drawings of site-obscuring fence if applicable.
- Architectural drawings.
- Building elevations which illustrate building orientation (Section 26B) and building form design features (Section 26C).
- Building plans which illustrate Townhome supplemental standards (Section 26D) if applicable.
- The name, address, and phone number of the architect.
[Section 22A added by Ordinance No. 1116, passed June 24, 2003.]
Section 23. Lot Size. In a R3 zone, the lot size shall be as follows:
(1) For multiple-family dwellings, residential care homes, and residential care facilities the minimum lot area shall be 7,500 square feet. The minimum lot width at the front building line shall be 50 feet, and 35 feet for cul-de-sac lots.
(2) For townhomes (single-family attached or row houses) the minimum lot area shall be 2, 500 square feet per unit. The minimum lot width at the front property line shall be 25 feet.
(3) For neighborhood commercial uses, the minimum lot area shall be 5,000 square feet. The minimum lot width at the front of the property line shall be 60 feet.
(4) The minimum lot area for two-family dwellings (duplexes) shall be 5,000 square feet. The minimum lot width at the front property line shall be 50 feet and 35 feet for cul-de-sac streets.
[§23 amended by Ordinance No. 1037, passed August 12, 1997; and amended by Ordinance No. 1116, passed June 24, 2003.]
Section 24. Setback Requirements. This standard applies to multi-family, townhomes, neighborhood commercial developments, and residential care homes and residential care facilities. Except as provided in Section 86 of this ordinance, in an R-3 zone the yards, measured from the property line to the foundation of the building with a maximum projection of three feet into any setback area as defined in Section 24A, shall be as follows:
(1) A minimum front setback of 15 feet is required for multi-family dwellings and townhouses except that a covered (but not enclosed) porch may be within 10 feet of the front line. A minimum front setback of 10 feet is required for a neighborhood commercial building.
(2) Each side yard setback shall be a minimum of 6 feet, except that on corner lots, the side yard on the street side shall be a minimum of 15 feet measured from the foundation. Townhomes shall have no setback requirement where they share common walls.
(3) The back yard shall be a minimum of 15 feet. An exception shall be permitted where a townhome, garage, or other accessory structure is located adjacent to an alley, in which case the back yard (alley facing) setback shall be a minimum of 4 feet.
(4) In the case of a duplex residential use on a corner lot where primary vehicular access is provided from two streets, then both yards abutting the street shall be considered the front yard with appropriate front yard setbacks. Setbacks for rear yards are measured separately for each residential dwelling opposite the front yard (see Appendix E, Diagram 2).
(5) All buildings shall be sited to ensure they do not encroach into a public utility easement or the vision clearance areas (Section 89).
[§24 amended by and subsection (4) added by Ordinance 1037, passed August 12, 1997; and amended by Ordinance No. 1116, passed June 24, 2003.]
Section 24A. Setback Exceptions. In an R3 zone, the following architectural features are allowed to encroach into the setback yards: eaves, chimneys, bay windows, overhangs, and similar architectural features may encroach into setbacks by up to 3 feet, provided that State fire code is met. Walls and fences may be placed on property lines, subject to the standards in Section 82. Walls and fences within front yards shall additionally comply with the vision clearance standards in Section 89.
[§24A added by Ordinance No. 1116, passed June 24, 2003.]
Section 25. Height of Buildings. In an R3 zone, no buildings shall exceed a height of 35 feet. Building height may be restricted to less than the maximum when necessary to comply with the building height transition standard in Section 26A below.
(1) Applicability. This standard applies to townhomes, multi-family buildings, and neighborhood commercial buildings.
(2) Method of Measurement. The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. Not included in the maximum height are: chimneys, bell towers, steeples, roof equipment, flagpoles, and similar features which are not for human occupancy.
[§25 amended by Ordinance No. 1116, passed June 24, 2003.]
Section 26. Lot Coverage. In an R3 zone, the buildings shall not occupy more than 60 percent of the lot area.
[§26 amended by Ordinance No. 1116, passed June 24, 2003.]
Section 26A. Building Height Transition. In an R3 zone, new buildings, or portions of new buildings exceeding one story in height that abut an existing one-story single-family detached residential or duplex building, shall not exceed a building height greater than one foot for each foot of horizontal distance from the property line.
[§26A added by Ordinance No. 1116, passed June 24, 2003.]
Section 26B. Building Orientation (see Appendix E, Diagram 5). In an R3 zone, all buildings that abut private, local, or collector streets shall have their primary entrance(s) oriented to the street. Multi-family and neighborhood commercial building entrances may include entrances to individual units, lobby entrances, or breezeway/courtyard entrances. Alternatively, a building may have its entrance oriented to a side yard when a direct pedestrian walkway is provided between the building entrance and the street. This section does not apply to buildings with the sole purpose of housing mechanical equipment.
(1) All buildings that abut private, local, or collector streets shall be set back a maximum of 25 feet from the front lot line.
(2) Off-street parking lots and driveways shall not be placed between buildings and streets.
[§26B added by Ordinance No. 1116, passed June 24, 2003.]
Section 26C. Building Form In an R3 zone, new multi-family, townhomes, residential care homes and residential care facilities, and neighborhood commercial uses shall comply with the following building form standards (see Appendix E, Diagram 6 and Diagram 7):
(1) Structures shall not have a continuous horizontal distance exceeding 150 feet (measured from end wall to end wall);
(2) Roofs shall have gable, hip, or gambrel forms, minimum pitch 4 foot in height for every 12 feet in width, with at least a 6-inch overhang (eave), or they may be flat with a decorative cornice;
(3) Design features. All street facing elevations (façades) shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building. Along the vertical face of a structure, such features shall occur at a minimum of every 35 feet, and on each floor shall contain at least two of the following features:
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- Recess (e.g., deck, patio, courtyard, balcony, garage, entrance, or similar feature) that has a minimum depth of 4 feet
- Extension (e.g., floor area, deck, porch, bay window, patio, entrance, or similar feature) that projects a minimum of 2 feet and runs horizontally for a minimum length of 4 feet; and/or
- Offsets of façade or roof elevation of 2 feet or greater.
(4) Eyes on the street. All building elevations shall provide doors, porches, balconies, and/or windows. A minimum of 60 percent of the front (i.e., street facing) elevations, and a minimum of 30 percent of side and rear building elevations shall meet this standard. "Percent of elevation" is measured as the horizontal plane (lineal feet) containing doors, porches, balconies, terraces and/or windows. This standard applies to each full and partial building story; and
(5) Garages and carports attached to living units and accessed from a street (adjacent to the front lot line) shall be recessed behind the front façade of the building or covered front porch by at least 2 feet.
[§26C added by Ordinance No. 1116, passed June 24, 2003.]
Section 26D. Townhome (Single-family attached/rowhouses) supplemental standards (see Appendix E, Diagram 8). All townhomes shall comply with the following standards:
(1) The maximum number and width of consecutively attached units shall not exceed 5 or 140 feet (from end wall to end wall, whichever is less.
(2) Townhomes shall receive vehicle access from a rear alley whenever possible. Alley(s) shall be created at the time of subdivision approval. Alleys are not required when existing development patterns make construction of alleys impractical.
(3) Townhomes receiving access directly from a public or private street shall comply with all of the following standards in order to minimize interruption of adjacent sidewalks by driveway entrances and improve appearance of the streets:
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- The maximum allowable driveway width facing the street is 12 feet per dwelling unit.
- Two adjacent garages shall share one driveway when individual driveways would otherwise be separated by less than 20 feet.
- The maximum combined garage width per unit is 50 percent of the total unit width. For example a 26-foot wide unit may have one 13-foot wide recessed garage facing the street.
(4) "Common areas" (e.g., landscaping in private tracts, shared driveways, private alleys, lawns, play areas, and similar uses) shall be maintained by a homeowners association or other legal entity. A homeowners association may also be responsible for exterior building maintenance and roof replacement. A copy of any applicable covenants, restrictions, and conditions shall be recorded and provided to the City prior to building permit approval.
[§26D added by Ordinance No. 1116, passed June 24, 2003.]
Section 26E. Neighborhood Commercial Supplemental Standards All neighborhood commercial uses shall comply with the following standards:
(1) Permitted uses. Only the following neighborhood commercial uses are permitted in an R3 zone:
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- Retail goods and services;
- Child care center (care for more than 12 children);
- Food services, excluding automobile-oriented uses;
- Medical and dental offices, clinics, and laboratories;
- Professional and administrative offices;
- Repair services, conducted entirely within the building; auto repair and similar services not permitted;
- Mixed use building (residential with other permitted use);
- Laundromats and dry cleaners;
- Art, music, or photography studio;
- Personal services (barber shops, salons, similar uses); and
- Other similar uses.
(2) Floor area standards. The maximum commercial floor area shall not exceed 5,000 square feet total for all uses on one neighborhood commercial site. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than 7½ feet of vertical clearance.
(3) Hours of operation. Neighborhood commercial land uses shall be limited to the following hours of operation: 7:00 a.m. to 10 p.m.
(4) Storage. Except for plants and garden supplies, overnight outdoor storage is not permitted. Plants and garden storage must comply with the vision clearance standards in Section 89.
(5) Parking. Parking lots shall comply with the following standards:
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- Parking lots shall be placed to the side or rear of buildings.
- Off street vehicle parking must comply with the landscaping, size, and pedestrian circulation standards specified in Sections 78-80.
[§26E added by Ordinance No. 1116, passed June 24, 2003.]
Section 26F. Multi-Family Housing Supplemental Standards In an R3 zone, these supplemental standards apply to new multi-family housing developments. Multi-family is defined as 3 or more attached dwellings on an individual lot (e.g., multi-plexes, apartments, condominiums, etc.). New multi-family developments shall comply with all of the following standards:
(1) Common open space.
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- In all developments with more than 20 units, a minimum area of 15 percent of the total site area (inclusive of required setback areas), shall be designated, and permanently reserved, as usable common open space. The site area is defined as the lot or parcel on which the development is planned, after subtracting the required dedication of street right-of-way and planned, after subtracting the required dedication of street right-of-way and other land for public purposes (e.g., public park). Sensitive lands and historic buildings or landmarks open to the public can be counted toward meeting the common open space requirements.
- The development shall designate, within the common open space, a minimum of 250 square feet of active recreation area (e.g., children's play areas, play fields, swim pool, sports courts, etc.) for every 20 units or increments thereof. For example, a 50-unit development shall provide a minimum of 500 square feet for active recreation. Indoor or covered recreation space may be counted toward this requirement, but should not exceed 30 percent of the required common space area.
(2) Private open space. Usable private outdoor space such as patios, balconies, porches, roof gardens, or small yards shall be provided in all newly constructed multi-family developments. Private open space shall comply with the following standards:
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- Dwelling units located at or below finished grade, or within 5 feet of finished grade, shall have a minimum of 96 square feet of private open space, with no dimension less than 6 feet.
- All upper floor dwelling units shall have balconies or porches measuring at least 36 square feet, with no dimension less than 4 feet. Upper-floor dwelling unit means housing units, which are more than 5 feet above finished grade.
- All private open space shall have direct access from the dwelling unit by way of a door.
- Any excess private open space (above what is required) may be counted toward fulfilling the common open space requirement.
- Building masses and screening such as low hedges, fences, walls, arbors, or trellises shall be used to help delineate private outdoor spaces. The screening element must be a minimum of 3 feet in height.
(3) Stairways. Stairways shall be incorporated inside the building where possible to minimize visual impact. External stairways, when necessary, shall be recessed into the building, sided using the same siding materials as the building itself, or otherwise incorporated into the building architecture. Stairways that are simply hung from the building's exterior are not permitted.
(4) Vehicular circulation. Multi-family developments shall provide vehicular circulation in accordance with the following standards (see Appendix E, Diagram 9):
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- To provide for traffic safety and to minimize the impacts on the public circulation system, where possible, driveways or private streets shall connect to local or collector streets rather than onto arterial streets.
- Multi-family developments 4 acres or larger shall be developed as a series of complete blocks bounded by a connecting network of public streets with sidewalks and street trees to break the development into numerous smaller blocks. The average block size within a multi-family development shall be a maximum of 2 acres in size. City standards for public local residential streets in regard to pavement width, sidewalks, and street trees, shall apply to all internal trees.
(5) Parking. Multi-family developments shall provide parking designed in accordance with the following standards (see Appendix E, Diagram 9):
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- Off street vehicle parking spaces and bicycle parking shall be provided as specified in Section 78. On-street parking along the streets contained within the development can be applied to the off-street parking requirements.
- Parking lots shall be placed to the side or rear of buildings in accordance with the building orientation standards (Section 26B);
- Parking on the streets contained within the site shall not include head-in or angle parking. Parking shall be accommodated in parking lots or along the internal street system in the form of parallel parking.
- Parking lot landscaping shall be provided as specified in Section 80; and
- Parking lots shall be connected to all building entrances by means of internal pedestrian walkways that meet the standards in subsection 8 below.
(6) Trash receptacles. Trash receptacles shall be screened on all sides with an evergreen hedge or solid fence or wall of not less than 6 feet in height. No trash receptacle shall be located in any front yard setback, or within 25 feet of property lines abutting other residential zones.
(7) Utilities. All utilities on the development site shall be placed underground. Ground mounted equipment such as transformers, utility pads, cable television and telephone boxes, cell tower equipment boxes, and similar utility services, shall be placed underground whenever practicable. Where undergrounding of ground mounted equipment is not feasible, equipment shall be screened from view with an evergreen hedge or solid fence or wall a minimum of 4 feet in height and must be sited to comply with the vision clearance standards in Section 89.
(8) Pedestrian circulation. To ensure safe, direct, and convenient pedestrian circulation, all multi-family developments shall contain a system of pathways designed based on the standards below:
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- The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent public parks and commercial uses, and the public sidewalk system.
- Pathways within the development shall provide safe, reasonably direct connections between dwelling units and parking areas, recreational facilities, storage areas, and common areas;
- Where pathways are parallel and adjacent to a driveway or street (public or private), they shall be raised 6 inches and curbed or separated from the driveway/street by a minimum 5-foot strip with bollards, a landscape berm, or other physical barrier;
- Pedestrian pathways shall be separated a minimum of 6 feet from all building façades with residential living areas on the ground floor, except at building entrances;
- Where pathways cross a parking area, driveway, or street ("crosswalk"), they shall be clearly marked with contrasting paving materials, humps/raised crossings, or painted striping; and
- Pathway surface shall be concrete, asphalt, brick/masonry pavers, or other durable hard surface, at least 5 feet wide, and shall conform to federal Americans with Disabilities Act (ADA) requirements.
(9) Landscaping. Landscaping shall be installed within the development to provide erosion control, visual interest, buffering, privacy, open space and pathway definition, and shading based on the following standards:
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- A minimum of 15 percent of the site shall be landscaped with a mix of vegetative ground cover, shrubbery, and trees. At the time of planting, trees shall be planted a minimum of 2 inches (dbh) in caliper and shrubbery a minimum of 24 inches in height. Bark mulch, rocks, and similar non-plant material may be used to compliment the cover requirement, but shall not be considered a sole substitute for the vegetative ground cover requirement; and
- The use of native and/or drought tolerant landscaping is encouraged. All landscaping shall be irrigate with a permanent irrigation system unless a licensed Landscape Architect submits written verification that the proposed plant materials do no require irrigation. The property owner shall maintain all landscaping.
[§26F added by Ordinance No. 1116, passed June 24, 2003.]
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Last update: July 2, 2004
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