§ 137-217. Height, area, and developmental regulations.

In the residential R-3 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per multiunit dwelling shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 120 feet or ten stories in height.

(2)

Front building setback.

a.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

b.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

a.

Interior lots.

1.

A side building setback shall not be less than five feet in width as measured from the facia board or parapet to the side lot line.

2.

For buildings greater than 35 feet or 2½ stories in height, the minimum width of each side building setback shall be increased by a total of five feet for each additional one story in height.

b.

Corner lots.

1.

On corner lots the front building setback and interior side building setback regulations shall apply; however, the exterior side building setback shall not be less than 50 percent of the required front building setback.

2.

Accessory structures shall not be permitted within the established exterior side building setback areas.

(4)

Rear building setback.

a.

For buildings up to 2½ stories or 35 feet in height there shall be a rear building setback on every lot, and that setback shall have a minimum depth of not less than 25 feet.

b.

For buildings greater than 35 feet or 2½ stories in height, the minimum rear building setback shall be increased by five feet for each additional one story in height; provided that the rear building setback need not exceed 50 feet in depth.

c.

In the case of a through lot, no rear building setback is required, but each street frontage shall be subject to the front building setback requirements of this section.

(5)

Accessory buildings. Accessory buildings not over 15 feet in height may be located in the rear building setback area, provided the accessory buildings come no nearer than five feet to any rear lot line or interior side lot line. Accessory buildings shall not be permitted within the exterior side building setback area. No accessory building shall be used in whole or part for industrial or commercial purposes.

(6)

Minimum lot area and maximum intensity of use.

a.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

1.

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

2.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

3.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

b.

Any lot which has been recorded in a subdivision plat or deed with the office of the county recorder prior to November 21, 1966, and which is 4,000 square feet or more in area, may be used as a building site.

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c.

Every lot upon which a four- or more unit apartment building is erected or structurally altered in the residential R-3 district shall have a minimum width of at least 90 feet as measured at the front lot line, and shall have a lot area of not less than 10,000 square feet. The lot area requirements shall be determined by using the arithmetic average number of bedrooms per unit, and then applying that arithmetic average to the following table; in no case shall the minimum lot area be less than 10,000 square feet:

Average number of bedrooms per unit	Minimum (square feet)
Less than 1.5 bedrooms	1,500
Between greater than or equal to 1.5 and less than 2.5 bedrooms	2,500
Between greater than or equal to 2.5 and less than 3.5 bedrooms	4,000
Greater than or equal to 3.5 bedrooms	5,000

 

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d.

No building with its accessory buildings shall be erected or increased in ground area so that more than 60 percent of the area of the lot will be occupied.

(7)

Off-street parking requirements.

a.

Ratio requirements.

1.

Apartment complex and apartment house, 1½ per residential unit.

2.

Convalescent homes, nursing homes, homes for the aged, one per 1,000 square feet of gross floor area.

3.

Clinics for humans, four per 1,000 square feet of gross floor area.

4.

Personal service shops, four per 1,000 square feet of gross floor area.

5.

Churches and synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

6.

Elementary schools, two per classroom, based upon design capacity.

7.

High schools, one per five students, based upon design capacity.

8.

Public libraries, two per 1,000 square feet of gross floor area.

9.

Private or community swimming pools, ten per 1,000 square feet of water area.

10.

Community recreation buildings, two per 1,000 square feet of gross floor area.

11.

Colleges and universities, one per five students, based upon design capacity.

b.

Construction parameters. The following shall apply to all parking lots:

1.

All parking spaces required to service the principal building shall be located on the same lot as the principal building, or on a separate lot which is within 300 feet of the main entrance.

2.

When a principal building undergoes an increase in the gross floor area, seating capacity, or number of units, the required off-street parking availability shall be increased to equal or exceed the off-street parking requirements.

3.

All parking lots shall be surfaced with an all-weather paving material capable of carrying a wheel load of 4,000 pounds without damaging the pavement. The lot shall be properly maintained at all times.

4.

All lots shall be lighted if used after sunset. Lights shall be located, shielded, and directed upon the parking lot in such a manner as to not shine or reflect onto adjacent property or into the public right-of-way. Lighting shall not exceed three footcandles as measured at that portion of the lot line which abuts residentially-zoned property.

5.

A minimum five-foot parking lot setback shall be provided between the property line and edge of the parking lot pavement. A minimum ten-foot parking lot setback shall be provided between any public road right-of-way or private access easement and the edge of parking lot pavement. A minimum ten-foot parking lot setback shall be provided between internal vehicular collector drives and the edge of parking lot pavement. Slag, gravel or any type of pavement shall be prohibited within the setback area. The setback area shall be landscaped with vegetative ground cover or grass and/or decorative trees or shrubs.

6.

Public address systems shall not be permitted in any parking lot.

7.

Parking spaces shall be a minimum of 180 square feet in area, with a minimum width of 8½ feet. Small car parking spaces may be constructed, but shall be no smaller than 130 square feet in area with a minimum width of 8½ feet. A maximum of 25 percent of the total off-street parking spaces may be used for small cars, and each parking space shall be marked by an above-grade sign as a small car parking space.

8.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(8)

Vision clearance. No structure, fence, hedge, or other plantings with a height in excess of 36 inches above the ground shall be permitted within a ten-foot radius of the corner of the lot where the corner lot adjoins the intersecting right-of-way. There shall be a complete vision clearance from 36 inches above the ground to not less than ten feet above the ground on all corner lots. Any fence located within the ten-foot radius shall have a minimum of 75 percent of its surface open to permit visibility through it.

(9)

Fences.

a.

Interior lots.

1.

No fence over seven feet in height shall be erected between the rear lot line and the front building setback line; along the front setback line between the side wall of the building and the side lot line; or along the rear lot line between the two side lot lines.

2.

No fence over four feet in height shall be erected between the front building setback line between the two side lot lines; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

b.

Corner lots.

1.

A seven-foot-high fence may be erected only along the exterior side building setback line and the rear building setback line and along the exterior side building setback line, if extended, between the rear building setback line and the rear lot line. A seven-foot-high fence may be erected along the interior side lot line between the front building setback line and the rear lot line, and may be erected along the rear lot line between the interior side lot line and the intersection of the rear lot line and the exterior side building setback line, if extended. Four-foot-high fences may be erected in the exterior side yard area between the front setback line and the rear lot line; such fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

2.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

c.

Prohibited fencing. Electrified fencing, barbed wire, and razor wire or the equivalents under whatever name or designation shall be prohibited.

(10)

Trees. Only hardwood trees shall be planted between the curb and sidewalk in the tree lawn. No trees shall be planted in tree lawns of less than five feet in width. The spacing of trees in tree lawns shall be not less than 40 feet apart.

(Code 1985, § 159.047; Ord. No. 2893, 6-2-1986; Ord. No. 2989, 12-15-1986; Ord. No. 3064, 7-20-1987; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3662, 3-1-1993; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4576, 4-2-2001)