Blue Mound City Zoning Code
§ 9
“D” MULTIPLE-FAMILY DISTRICT.
A.
PURPOSE.
This district allows medium to high density multiple-family dwelling use of the land and is intended to comprise larger tracts of land and designed so as to provide total residential amenities of open space, recreation space and areas of protected off-street parking. This district is intended to be located near high volume thoroughfares due to the traffic generating probability of medium to high density dwelling units within this district. This district may be coupled with a Planned Development (PD) suffix to allow for site plan development in those areas that would be appropriate for contemporary design of the structures and their arrangement.
B.
USE REGULATIONS.
In the “D” Multiple-Family District, no building or land shall be used and no buildings shall be hereafter erected, reconstructed, altered, or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:
b.
CONDITIONAL USES
1.
Multifamily residential exceeding twenty-five (25) units per acre.
2.
Apartment hotel.
3.
Convalescent Home.
4.
Private clubs, fraternities, sororities and lodges; excluding those of the chief activity of which is a service customarily carried on as a business.
5.
Kindergartens and day nurseries.
6.
Detached accessory buildings including storage garage are subject to the same regulations as District “B”, except that the lot area per car limitations shall be waived and off-street parking shall be provided as set out in Section 18. Private or storage garages or servants’ quarters may be constructed as a part of the main building.
7.
Office building.
C.
HEIGHT AND AREA REGULATIONS.
In the “D” Multiple-Family District, the height of the buildings, the minimum dimension of lots and yards, the minimum lot area, and the minimum floor space per family shall be as follows:
1.
Floor Space:
In the “D” Multiple-Family District the floor Space requirements for two-, three- or four-family dwellings shall be the same as District “C”.
Every other building or portion thereof hereafter erected, reconstructed, altered or enlarged, shall contain an average of seven hundred square feet (700 sq. ft.) and a minimum of five hundred and fifty square feet (550 sq. ft.) of total floor area, exclusive of garage, porches and breezeways, and exterior storage for each family to be housed in said building.
This minimum total floor area shall not apply to hotels, or apartment hotels where no provision is made for cooking in any individual room, suite, or apartment. It shall not apply to apartment complexes constructed and used exclusively for elderly retirees.
Additionally, in apartment complexes having fifty (50) or more units, the computation of minimum and average square footage of total floor area may include pro rata of separate recreational rooms or buildings up to ten (10) percent of the required square footage of livable area.
Total floor area required in apartments constructed and used exclusively for elderly citizens shall provide an average of five hundred square feet (500 sq. ft.). Dining room and recreational area are included in computing total floor space average.
2.
Height:
No building hereafter erected, reconstructed[,] altered, or enlarged shall exceed two and one-half (2-1/2) stories nor shall it exceed thirty-five feet (35') within one hundred feet (100') of any “B” Zoned, or “C” Zoned property line. Any building in excess of one hundred feet (100') from these property lines shall not exceed three (3) stories or forty-five feet (45').
3.
Front Yard:
There shall be a front yard of not less than twenty-five feet (25').
4.
Rear Yard:
There shall be a rear yard having a depth of not less than twenty feet (20').
5.
Side Yard:
For buildings not exceeding two and one-half (2-1/2) stories in height, there shall be a side yard on each side of a main building of not less than ten feet (10'), and this shall be applicable to both corner and interior lots; provided, however, in the case of reversed frontage where the corner lot abuts on the side of a lot facing the other intersecting street, there shall be a side yard on the corner lot of not less than fifty (50) percent of the front yard required on the lot abutting the rear of the corner lot, and no accessory building on such corner lot shall project beyond the front yard line of the lots in the rear, nor shall accessory buildings be erected closer than ten feet (10') to the line of the abutting lot to the rear. For buildings more than two and one-half (2-1/2) stories in height, each side yard shall be increased one foot (1') in width for each story above the second floor. When used for single-family dwellings, a minimum side yard area shall be combined total of not less than fifteen feet (15') with one side at least eight feet (8') and the other side not less than five feet (5').
6.
Width of Lot:
The width of a lot shall be a minimum of seventy-five feet (75') at the building line, provided that where a lot of record and in separate ownership at the time of the passage of this ordinance has less width than herein required, this ordinance shall not prohibit the erection of a one-family dwelling.
7.
Lot Area:
In the “D” Multiple-Family District the lot area for two-, three- or four-family dwellings shall be the same as District “C”.
Every other building or portion thereof, hereafter erected, reconstructed, altered, or enlarged, shall provide a lot area of not less than fifteen hundred square feet (1,500 sq. ft.) per family.
This lot area requirement shall not apply to hotels, apartment hotels, nor elderly retirement facilities, where no provision is made for cooking in any individual room, suite or apartment.
Provided, however, that where a lot has less area than herein required and was of record and in separate ownership at the time of the passage of this ordinance, said lot may be occupied by not more than one family.
D.
USABLE OPEN SPACE.
All residential use shall provide and maintain a minimum of two hundred square feet (200 sq. ft.) of Usable Open Space for each dwelling unit. For the purpose of this ordinance, Usable Open Space is as follows:
Usable open space shall mean outdoor area, excluding parking and other service areas, which is utilized for livable and/or related amenity, such as outdoor living, associated recreation and/or landscaping, and which is open and unobstructed from its lowest level to the sky except for roof overhangs and architectural projections. All usable open space, unless hereinafter excepted, shall be accessible to, and usable by, all residents residing on the site. Private courtyards or balconies may constitute usable open space for the purpose of calculating up to thirty (30) percent of the total required usable open space. Usable open space may include areas at the ground level and/or on roof, decks or balconies designed for common use; provided, that such areas meet other criteria as hereinafter set forth. The minimum dimension for usable open space at the ground level shall be ten feet (10') and the minimum area shall be one hundred square feet (100 sq. ft.). The minimum dimensions for usable open space located on roofs or decks that are available for common use shall be twenty feet (20') and the minimum area shall be four hundred square feet (400 sq. ft.). At least one-half of the required open space shall be at the ground level.
E.
SCREENING.
In the event that this district abuts or is adjacent to a “B” Single-Family District a screening device shall be placed along the abutting or adjoining property line. Such a screening device shall be six feet (6') in height and shall be of durable material. The screening device shall be solid and without holes, penetrations or openings other than for passage and/or gates. The screening device must be kept in a good state of repair.
F.
REQUIRED CONDITIONS
a.
Any owner, builder, or developer of a multiple-family condominium or townhouse dwelling complex shall submit to the Planning and Zoning Commission for a review, the site and building plan for the proposed development. The contents of this site plan shall contain drawings to scale to indicate as needed:
1.
Location of all structures proposed and existing on the subject property and within twenty feet (20') of adjoining property;
2.
Landscaping and/or fencing of yards and setback areas and proposed changes;
3.
Design of ingress and egress;
4.
Off-street parking and loading facilities;
5.
Height of all structures;
6.
Proposed uses; and
7.
Location and types of all signs, including lighting and heights.
b.
The purpose of the site plan review is:
1.
To insure compliance with the Zoning Ordinance, while allowing for design flexibility;
2.
To assist in the orderly and harmonious development of the City;
3.
To protect adjacent uses from obstructions to light, air, and visibility;
4.
To provide protection from fire;
5.
To avoid undue concentrations of population and overcrowding of land; and
6.
To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.
c.
The Planning and Zoning Commission shall, after conducting a public hearing, approve an application for a multiple-family dwelling complex if the proposed development meets all the minimum standards established in this ordinance and other applicable ordinances, and if the Commission finds that the proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property. The Commission shall disapprove or conditionally approve any application which fails to meet the above criteria or is in conflict with the Comprehensive Plan or the adopted growth policies of the City.
(Ordinance 200 adopted 7/19/88)