A nonresidential structure or use shall provide vehicular access exclusively to and from roads classified as arterial or collector roads on the city's engineering road classification map dated December 2007 (an official, full-size copy of which is on file with the city clerk). Vehicular access shall not be permitted to roads that are not classified as arterial or collector roads, as above described, except for emergency access purposes, and the emergency vehicular access shall have a barrier or other device that limits and allows access to emergency vehicles only.

(Ord. No. 5045, § 2, 9-9-08)

The regulations in this division shall apply in all R-2 districts.

(Ord. No. 253, § 8, 2-28-56; Ord. No. 276, § 1, 4-9-57; Ord. No. 979, § 1, 6-22-65; Ord. No. 1004, §§ 1, 2, 8-31-65; Ord. No. 1038, § 2, 11-30-65; Ord. No. 1225, §§ 4, 5, 6-20-67; Ord. No. 1321, § 1, 10-22-68; Ord. No. 1330, § 1, 1-7-69; Ord. No. 1408, § 1, 2-24-70; Ord. No. 1432, § 1, 6-9-70; Ord. No. 1821, § 1, 7-18-73; Ord. No. 1952, § 1, 4-9-74; Ord. No. 2397, § 1, 6-28-77; Ord. No. 3705, § 7, 7-26-88)

In R-2 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Uses permitted in R-1-A to R-1-G, inclusive, districts;

(b)

Two-family dwellings;

(c)

Uses accessory to any of the above when located on the same plot and not involving any business, trade, occupation or profession;

(d)

Child care and adult care centers subject to provisions of section 28-1416 et seq.;

(e)

Community residential homes, subject to the provisions of section 28-1304.

(f)

Those uses set forth in section 28-1305(a).

(Ord. No. 253, § 8, 2-28-56; Ord. No. 276, § 1, 4-9-57; Ord. No. 979, § 1, 6-22-65; Ord. No. 1004, §§ 1, 2, 8-31-65; Ord. No. 1038, § 2, 11-30-65; Ord. No. 1225, §§ 4, 5, 6-20-67; Ord. No. 1321, § 1, 10-22-68; Ord. No. 1330, § 1, 1-7-69; Ord. No. 1408, § 1, 2-24-70; Ord. No. 1432, § 1, 6-9-70; Ord. No. 1821, § 1, 7-18-73; Ord. No. 1952, § 1, 4-9-74; Ord. No. 2397, § 1, 6-28-77; Ord. No. 3705, § 7, 7-26-88; Ord. No. 3917, § 4, 5-14-91; Ord. No. 4127, § 3, 11-9-93; Ord. No. 4290, § 3, 10-29-96; Ord. No. 5555, § 2, 1-26-21; Ord. No. 5615, § 5, 7-26-22)

For signs permitted in R-2 districts, refer to chapter 24.

(Ord. No. 253, § 8, 2-28-56; Ord. No. 276, § 1, 4-9-57; Ord. No. 979, § 1, 6-22-65; Ord. No. 1004, §§ 1, 2, 8-31-65; Ord. No. 1038, § 2, 11-30-65; Ord. No. 1225, §§ 4, 5, 6-20-67; Ord. No. 1321, § 1, 10-22-68; Ord. No. 1330, § 1, 1-7-69; Ord. No. 1408, § 1, 2-24-70; Ord. No. 1432, § 1, 6-9-70; Ord. No. 1821, § 1, 7-18-73; Ord. No. 1952, § 1, 4-9-74; Ord. No. 2397, § 1, 6-28-77; Ord. No. 3705, § 7, 7-26-88)

The maximum allowable density imposed upon lands and property zoned R-2 is 5 units per gross acre. Each plot upon which a residential structure is erected shall contain not less than 13,000 square feet in area and shall be not less than 100 feet in width. However, in areas subdivided prior to November 1, 1968, a plot consisting of a lot of record not less than 75 feet in width and 7,500 square feet in area may be utilized for a duplex or a single-family residence. Lots of record of not less than 25 feet in width may be partitioned and combined by a declaration of unity of title with adjacent lots of record of not less than 25 feet in width in order to establish plots of not less than 75 feet in width and not less than 8,800 square feet in area for the purpose of construction of duplexes.

(Ord. No. 253, § 8, 2-28-56; Ord. No. 276, § 1, 4-9-57; Ord. No. 979, § 1, 6-22-65; Ord. No. 1004, §§ 1, 2, 8-31-65; Ord. No. 1038, § 2, 11-30-65; Ord. No. 1225, §§ 4, 5, 6-20-67; Ord. No. 1321, § 1, 10-22-68; Ord. No. 1330, § 1, 1-7-69; Ord. No. 1408, § 1, 2-24-70; Ord. No. 1432, § 1, 6-9-70; Ord. No. 1821, § 1, 7-18-73; Ord. No. 1952, § 1, 4-9-74; Ord. No. 2397, § 1, 6-28-77; Ord. No. 3705, § 7, 7-26-88)

The combined area occupied by all main and accessory buildings and structures in R-2 districts shall not exceed 35 percent of the area of the plot.

(Ord. No. 253, § 8, 2-28-56; Ord. No. 276, § 1, 4-9-57; Ord. No. 979, § 1, 6-22-65; Ord. No. 1004, §§ 1, 2, 8-31-65; Ord. No. 1038, § 2, 11-30-65; Ord. No. 1225, §§ 4, 5, 6-20-67; Ord. No. 1321, § 1, 10-22-68; Ord. No. 1330, § 1, 1-7-69; Ord. No. 1408, § 1, 2-24-70; Ord. No. 1432, § 1, 6-9-70; Ord. No. 1821, § 1, 7-18-73; Ord. No. 1952, § 1, 4-9-74; Ord. No. 2397, § 1, 6-28-77; Ord. No. 3705, § 7, 7-26-88)

No building or structure in R-2 districts shall be erected or altered to a height exceeding 25 feet. Permitted nonresidential buildings except accessory structures may be erected or altered to a height not exceeding 50 feet, if approved by the council as being not injurious to surrounding property and in accordance with the spirit and purpose of this chapter.

(Ord. No. 253, § 8, 2-28-56; Ord. No. 276, § 1, 4-9-57; Ord. No. 979, § 1, 6-22-65; Ord. No. 1004, §§ 1, 2, 8-31-65; Ord. No. 1038, § 2, 11-30-65; Ord. No. 1225, §§ 4, 5, 6-20-67; Ord. No. 1321, § 1, 10-22-68; Ord. No. 1330, § 1, 1-7-69; Ord. No. 1408, § 1, 2-24-70; Ord. No. 1432, § 1, 6-9-70; Ord. No. 1821, § 1, 7-18-73; Ord. No. 1952, § 1, 4-9-74; Ord. No. 2397, § 1, 6-28-77; Ord. No. 3705, § 7, 7-26-88)

(1)

Rear yard. Every plot in R-2 districts other than a corner or through plot shall have a rear yard not less than 25 feet in depth.

(2)

Front yard. Every plot shall have a front yard not less than 25 feet in depth.

(3)

Side yard, residential use. There shall be provided a side yard on each side of every plot not less than 10 feet in width; provided, that in those areas which were subdivided prior to August 18, 1941, with plots less than 60 feet in width, the side yards shall not be less than 5 feet in width. In all cases the side yard adjacent to a street shall be not less than 15 feet in width.

(4)

Side yards, nonresidential use. Every plot upon which a structure for a permitted nonresidential use, other than accessory structure, is erected or altered shall have a side yard on each side of such plot. Each such yard shall be not less than 25 feet in width, unless the side yard is adjacent to a public right-of-way or a nonresidential district, in which case the side yard shall meet residential side yard requirements of the residential district, and in addition, each side yard shall be increased 1 foot in width for every 2 feet by which the height of the building exceeds 35 feet.

(Ord. No. 253, § 8, 2-28-56; Ord. No. 276, § 1, 4-9-57; Ord. No. 979, § 1, 6-22-65; Ord. No. 1004, §§ 1, 2, 8-31-65; Ord. No. 1038, § 2, 11-30-65; Ord. No. 1225, §§ 4, 5, 6-20-67; Ord. No. 1321, § 1, 10-22-68; Ord. No. 1330, § 1, 1-7-69; Ord. No. 1408, § 1, 2-24-70; Ord. No. 1432, § 1, 6-9-70; Ord. No. 1821, § 1, 7-18-73; Ord. No. 1952, § 1, 4-9-74; Ord. No. 2397, § 1, 6-28-77; Ord. No. 3705, § 7, 7-26-88)

(1)

The minimum floor area of each dwelling unit in a 2-family dwelling in R-2 districts shall have not less than 700 square feet of floor area. The total combined floor areas in both dwelling units shall be not less than 1,700 square feet.

(2)

The minimum floor area of a 1-family dwelling shall be not less than 1,250 square feet.

(Ord. No. 253, § 8, 2-28-56; Ord. No. 276, § 1, 4-9-57; Ord. No. 979, § 1, 6-22-65; Ord. No. 1004, §§ 1, 2, 8-31-65; Ord. No. 1038, § 2, 11-30-65; Ord. No. 1225, §§ 4, 5, 6-20-67; Ord. No. 1321, § 1, 10-22-68; Ord. No. 1330, § 1, 1-7-69; Ord. No. 1408, § 1, 2-24-70; Ord. No. 1432, § 1, 6-9-70; Ord. No. 1821, § 1, 7-18-73; Ord. No. 1952, § 1, 4-9-74; Ord. No. 2397, § 1, 6-28-77; Ord. No. 3705, § 7, 7-26-88)

In the R-2 district, the following conditional uses shall be permitted:

(a)

Social service activities;

(b)

Places of worship; and

(c)

Those uses set forth in section 28-1305(c).

(Ord. No. 3906, § 1(25-67(L)), 4-9-91; Ord. No. 5040, § 3, 9-9-08; Ord. No. 5555, § 2, 1-26-21)

The regulations in this division shall apply in all R-3 districts.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88)

In R-3 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Uses permitted in R-1 and R-2 districts. Single-family residences shall be subject to the requirements of the R-1-B zoning district set forth in article IX, in lieu of the requirements specified in this division. Duplexes shall be subject to the requirements of the R-2 zoning district set forth in article X, division 2, in lieu of the requirements specified in this division. Notwithstanding, the maximum allowable density for both single-family residences and duplexes shall be pursuant to section 28-420.

(b)

Multiple dwellings and uses accessory to multiple dwellings, including laundry machines and vending machines fully enclosed within the main building; garages; recreational facilities including cabana units, sauna units, recreation buildings, swimming pools, tennis courts, golf courses, putting greens and shuffleboard courts, providing they are for the sole use of the occupants and their guests; and private docks and mooring facilities shall not project more than 5 feet into any waterway nor extend nearer than 25 feet to any other residentially zoned property, except upon the approval of the city council in acting upon the recommendations in regard thereto, made by the planning and zoning board in response to an application for a modification of such provision which is accompanied by the written permission of the owner of record of such adjoining property. On waterways under the jurisdiction of the United States Army Corps of Engineers, to the extent that the city lacks authority to regulate same, the permissible projection of such structure into the waterway shall be determined by the United States Army Corps of Engineers. None of the above accessory uses shall be operated for the patronage of the general public.

(c)

Public, private and parochial nursery kindergarten, elementary and high schools.

(d)

Child care and adult care centers subject to provisions of section 28-1416 et seq.

(e)

Community residential homes subject to the provisions of section 28-1304.

(f)

Uses accessory to any of the above uses.

(g)

Places of worship.

(h)

Those uses set forth in section 28-1305(a).

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88; Ord. No. 3917, § 5, 5-14-91; Ord. No. 4127, § 4, 11-9-93; Ord. No. 4290, § 4, 10-29-96; Ord. No. 5040, § 4, 9-9-08; Ord. No. 5487, § 3, 6-11-19; Ord. No. 5555, § 3, 1-26-21; Ord. No. 5615, § 6, 7-26-22; Ord. No. 5661, § 2, 9-27-23)

Conditional use approval may be requested by the owner of property in R-3 districts for the following uses in accordance with division 4 of article II:

(a)

Convalescent homes.

(b)

Nursing homes.

(c)

Those uses set forth in section 28-1305(c).

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88; Ord. No. 4323, § 3, 5-1-97; Ord. No. 5555, § 3, 1-26-21)

(1)

The minimum size of a plot for a multiple dwelling in an R-3 district shall be not less than 100 feet in width and not less than 100 feet in depth and not less than 20,000 square feet in area.

(2)

Every plot upon which a permitted nonresidential structure or use is erected or placed shall be not less than 100 feet in width and not less than 100 feet in depth and not less than 15,000 square feet in area.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88)

The maximum allowable density imposed upon lands and property zoned R-3 is 9½ units per gross acre. Convalescent homes and nursing homes shall be regulated by beds per acre (BPA), and shall have a maximum BPA (assuming 1 person per bed) of 75.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88; Ord. No. 5487, § 3, 6-11-19)

No building or structure in R-3 districts shall be erected or altered to a height exceeding 35 feet. Such height limitation shall be subject to the height of buildings as defined in section 28-2.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88)

(1)

Front or street yard. Every plot in R-3 districts shall have a front yard not less than 25 feet in depth for a building or structure up to and including 200 feet in length. On a corner plot only 1 street line shall be considered as a front plot line for setback purposes.

(2)

Side yard. A side yard shall be provided on each side of every plot not less than 25 feet in width for a building or structure up to and including 200 feet in length; provided, that in those areas which were subdivided of record prior to August 18, 1941, for plots less than 60 feet in width the side yards shall not be less than 7½ feet in width.

(3)

Rear yard. Every plot shall have a rear yard of not less than 25 feet in depth.

(4)

Additional setbacks.

(a)

For all buildings over 200 feet in length, all front, side and rear yards shall each be increased at the rate of 1 foot for each additional 2 feet in length or portion thereof.

(b)

The length of the buildings shall be determined by measuring the maximum distance between 2 parallel lines drawn through the 2 points of the main building or structure nearest to the opposite side yard property lines, or drawn through the 2 points of the main building or structure nearest to the opposite rear and front property lines.

(5)

All yards, nonresidential use. Where the height of the nonresidential building exceeds 25 feet in height, the depth of the front, side and rear yards shall be increased by 1 foot for each additional 2 feet in height.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88)

The minimum floor area of each dwelling unit in a multifamily dwelling in R-3 districts shall be as follows:

(a)

For an efficiency unit, not less than 400 square feet.

(b)

For a 1-bedroom unit, not less than 550 square feet.

(c)

For a 2-bedroom unit, not less than 750 square feet.

(d)

In all structures containing more than 2 dwelling units the average floor area of all units in each structure shall be not less than 600 square feet per unit.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88)

The first 25 feet of any yard abutting a street right-of-way in an R-3 district shall be used as a landscaped yard, which shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

Except as authorized by subsection (1), the landscaped yard shall be planted and maintained in lawn or landscaping including flower beds, shrubs or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic, and the remainder of the landscaped yard spaces shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris.

(3)

All yards required by this section shall be landscaped in accordance with all applicable landscaping requirements set forth in this Code.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88; Ord. No. 5706, § 14, 10-22-24; Ord. No. 5714, § 2, 11-4-24)

Every plot in an R-3 district used for structures shall have a minimum of 25 percent of the total plot area set aside for open green area. None of the area required for the purpose of landscaping parking lots shall be counted towards the required percentage of open space as herein stated. Ponds and lakes within the plot area may be included in the required percentage of open space. All such landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88; Ord. No. 5706, § 15, 10-22-24)

Accessory buildings in R-3 districts shall comply with the provisions of section 28-1295.

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88)

The following sections are referenced for review herein:

(Ord. No. 253, § 9, 2-28-56; Ord. No. 276, § 2, 4-9-57; Ord. No. 285, §§ 1, 2, 7-23-57; Ord. No. 750, § 1, 2-6-63; Ord. No. 979, § 1, 6-22-65; Ord. No. 1005, § 1, 8-31-65; Ord. No. 1038, § 3, 11-30-65; Ord. No. 1157, § 5, 11-1-66; Ord. No. 1198, § 1, 2-14-67; Ord. No. 1225, §§ 6, 7, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 1, 6-18-68; Ord. No. 1355, § 1, 7-1-69; Ord. No. 1418, § 1, 4-21-70; Ord. No. 1566, § 1, 7-27-71; Ord. No. 1637, §§ 1-3, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1726, §§ 1—5, 10-10-72; Ord. No. 1821, § 2, 7-18-73; Ord. No. 1870, § 1, 9-25-73; Ord. No. 1952, § 2, 4-9-74; Ord. No. 1979, § 1, 5-14-74; Ord. No. 1980, § 1, 5-14-74; Ord. No. 2930, § 2, 5-19-81; Ord. No. 3113, § 1, 8-10-82; Ord. No. 3705, § 8, 7-26-88)

The regulations in this division shall apply to all R-3-A districts.

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82)

In R-3-A districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Single-family residences, which shall be subject to the requirements of the R-1-B zoning district set forth in article IX, in lieu of the requirements specified in this division; and duplexes, which shall be subject to the requirements of the R-2 district set forth in article X, division 2, in lieu of the requirements specified in this division. Notwithstanding, the maximum allowable density for both single-family residences and duplexes shall be pursuant to section 28-450.

(b)

Multifamily dwellings as specified herein.

(c)

Helistops, as herein defined, subject to the provisions of section 28-1451 et seq.

(d)

Community residential homes subject to the provisions of section 28-1304.

(e)

Child care and adult care centers subject to the provisions of section 28-1416.

(f)

Places of worship.

(g)

Those uses set forth in section 28-1305(a).

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82; Ord. No. 3917, § 6, 5-14-91; Ord. No. 4127, § 5, 11-9-93; Ord. No. 4142, § 1, 1-25-94; Ord. No. 4290, § 5, 10-29-96; Ord. No. 5040, § 5, 9-9-08; Ord. No. 5555, § 4, 1-26-21; Ord. No. 5615, § 7, 7-26-22; Ord. No. 5661, § 3, 9-27-23)

Conditional use approval may be requested by the owner of property in R-3-A districts for the following uses in accordance with division 4 of article II:

(a)

Convalescent homes.

(b)

Nursing homes.

(c)

Those uses set forth in section 28-1305(c).

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82; Ord. No. 4323, § 4, 5-1-97; Ord. No. 5555, § 4, 1-26-21)

Every plot for a multifamily building in an R-3-A district shall be not less than 125 feet in width and 100 feet in depth and 25,000 square feet in area.

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82)

The maximum allowable density imposed upon lands and property zoned R-3-A is 15 units per gross acre. Convalescent homes and nursing homes shall be regulated by beds per acre (BPA), and shall have a maximum BPA (assuming 1 person per bed) of 75.

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82; Ord. No. 5487, § 4, 6-11-19)

(1)

No building or structure or part thereof in an R-3-A district shall be erected to a height exceeding 75 feet.

(2)

No accessory building or structure shall be erected to exceed 15 feet. When such accessory building serves more than 1 multifamily structure, the planning and zoning board may approve an increase in height of such accessory buildings to 25 feet, when considered fully justified and not in violation of the provisions of this Code.

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82)

(1)

Rear yard. Every plot in R-3-A districts shall have a rear yard not less than 25 feet in depth for a building or structure up to and including 25 feet in height; provided, that when the structure exceeds 25 feet in height, the depth of the rear yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof above 25 feet in height until the maximum height has been reached. Rear yards abutting a lake or waterfront of not less than 60 feet in width need not be greater in depth than 25 feet.

(2)

Front or street yard. Every plot shall have a front or street yard not less than 25 feet in depth for a building or structure up to and including 25 feet in height; provided, that when the building or structure exceeds 25 feet in height, the yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof until the maximum height has been reached.

(3)

Side yards. A side yard shall be provided on each side of every plot of not less than 15 feet in width; provided, that when the building or structure exceeds 25 feet in height such yards shall be increased by 1 foot for each additional 2 feet in height or portion thereof until the maximum height has been reached.

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82)

The minimum floor area of a multifamily dwelling in an R-3-A district shall be as follows:

(a)

The minimum floor area for each efficiency unit shall be 400 square feet.

(b)

The minimum floor area for each 1-bedroom unit shall be 550 square feet.

(c)

The minimum floor area for each 2-bedroom unit shall be 750 square feet.

(d)

In all structures containing multifamily units the average floor area of all units in each structure shall be not less than 750 square feet.

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82)

(1)

Every plot in an R-3-A district used for multifamily structures shall have a minimum of 25 percent of the total plot area set aside for open areas. None of the area required for the purpose of landscaping parking lots shall be counted towards the required percentage of open space as herein stated.

(2)

Landscaping of the above open area. The required open area where not used for permissible driveways or sidewalks leading to a structure on the premises, shall be planted and maintained in lawn or landscaping including flower beds, shrubs or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic and the remainder of the yard spaces shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris. Ponds and lakes within the plot area may be included in the 25 percent open area. All such landscaping shall be approved in accordance all applicable landscaping requirements set forth in this Code.

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82; Ord. No. 5706, § 16, 10-22-24)

The first 5 feet of any yard abutting a street right-of-way in an R-3-A district shall be used as a landscaped yard. When such street separates this district from a single-family district, the distance shall be increased to 25 feet. The landscaped yard shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

Except as authorized by subsection (1), the landscaped yard shall be planted and maintained in lawn or landscaping including flower beds, shrubs or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic, and the remainder of the landscaped yard spaces shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris.

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82; Ord. No. 5714, § 2, 11-4-24)

The following sections are referenced for review herein:

(a)

Yard encroachments .....  section 28-1351 et seq.

(b)

Accessory buildings .....  section 28-1298

(c)

Construction shanty .....  section 28-1299

(d)

Boat docks, boathouses, boat slips .....  section 28-1486

(e)

Parking and storing of boats,
commercial vehicles, buses, trucks and tractors .....  section 28-1506 et seq.

(f)

Real estate sales offices in residential districts .....  section 28-1531

(g)

Minimum building lines .....  sections 28-1553 through 28-1575

(h)

Outdoor lighting .....  section 23-241 et seq.

(i)

Swimming pools .....  section 28-1579

(j)

District boundary lines .....  section 28-304

(k)

Off-street parking .....  sections 28-1646 through 28-1661

(l)

Signs and billboards .....  chapter 24

(Ord. No. 706, § 1, 9-4-62; Ord. No. 947, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1125, §§ 8—10, 6-20-67; Ord. No. 1264, § 1, 10-17-67; Ord. No. 1355, § 2, 7-1-69; Ord. No. 1637, §§ 4-6, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 3, 6-13-72; Ord. No. 1821, § 3, 7-18-73; Ord. No. 1952, § 3, 4-9-74; Ord. No. 1980, § 2, 5-14-74; Ord. No. 3113, § 2, 8-10-82)

The regulations in this division shall apply in all R-3-B districts.

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82)

In R-3-B districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Uses permitted in R-1 and R-2 districts. Single-family residences shall be subject to the requirements of the R-1-B zoning district set forth in article IX, in lieu of the requirements specified in this division. Duplexes shall be subject to the requirements of the R-2 zoning district set forth in article X, division 2, in lieu of the requirements specified in this division. Notwithstanding, the maximum allowable density for both single-famikly residences and duplexes shall be pursuant to section 28-480.

(b)

Multiple dwellings, and uses accessory to multiple dwellings, including laundry machines and vending machines fully enclosed within the main building; community garages; recreation facilities, such as cabana units, sauna units, recreation buildings, swimming pools, tennis courts, golf courses, putting greens and shuffleboard courts providing they are for the sole use of the occupants and their guests; private docks and mooring facilities. Such docks shall not project more than 5 feet into any waterway, nor extend more than 25 feet into any other residentially zoned property, except by written permission submitted to the planning and zoning department by the owner of record of such adjoining property. On waterways under the jurisdiction of United States Army Corps of Engineers, the permissible projection into the waterway shall be determined by that organization.

(c)

Uses accessory to any of the above uses.

(d)

Homes, centers and schools for care, boarding or teaching of children.

(e)

Lodginghouses.

(f)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(g)

Community residential homes subject to the provisions of section 28-1304.

(h)

Child care and adult care centers subject to the provisions of section 28-1416.

(i)

Places of worship.

(j)

Those uses set forth in section 28-1305(a).

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82; Ord. No. 3917, § 7, 5-14-91; Ord. No. 4127, § 6, 11-9-93; Ord. No. 4142, § 2, 1-25-94; Ord. No. 4290, § 6, 10-29-96; Ord. No. 5040, § 6, 9-9-08; Ord. No. 5555, § 5, 1-26-21; Ord. No. 5615, § 8, 7-26-22; Ord. No. 5661, § 3, 9-27-23)

Conditional use approval may be requested by the owner of property in R-3-B districts for the following uses in accordance with division 4 of article II:

(a)

Convalescent homes.

(b)

Nursing homes.

(c)

Those uses set forth in section 28-1305(c).

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82; Ord. No. 4323, § 5, 5-1-97; Ord. No. 5555, § 5, 1-26-21)

Every plot in R-3-B districts shall be not less than 100 feet in width, and 100 feet in depth, and 25,000 square feet in area.

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82)

The maximum allowable density imposed upon lands and property zoned R-3-B is 15 units per gross acre. Convalescent homes and nursing homes shall be regulated by beds per acre (BPA), and shall have a maximum BPA (assuming 1 person per bed) of 75.

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82; Ord. No. 5487, § 5, 6-11-19)

(1)

No building or structure or part thereof in an R-3-B district shall be erected to a height exceeding 50 feet.

(2)

No accessory building or structure shall be erected to exceed 15 feet. When such accessory building serves more than 1 multifamily structure, the planning and zoning board may approve an increase in height of such accessory building to 25 feet, when considered fully justified and not in violation of the provisions of this chapter.

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82)

(1)

Rear yard. Every plot in an R-3-B district shall have a rear yard not less than 25 feet in depth for a building or structure up to and including 25 feet in height provided that when the structure exceeds 25 feet in height the depth of the rear yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof above 25 feet in height until the maximum height has been reached. Rear yards abutting a lake or waterway of not less than 60 feet in width need not be greater in depth than 25 feet.

(2)

Front or street yard. Every plot shall have a front or street yard of not less than 25 feet in depth for a building or structure up to and including 25 feet in height provided that when the building or structure exceeds 25 feet in height, such yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof until the maximum height has been reached.

(3)

Side yards. A side yard shall be provided on each side of every plot of not less than 15 feet in width; provided, that when the building or structure exceeds 25 feet in height, such yards shall be increased by 1 foot for each additional 2 feet in height or portion thereof until the maximum height has been reached.

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82)

Minimum floor area of multifamily dwellings in R-3-B districts shall be as follows:

(a)

The minimum floor area for each efficiency unit shall be 400 square feet.

(b)

The minimum floor area for each 1-bedroom unit shall be 550 square feet.

(c)

The minimum floor area for each 2-bedroom unit shall be 750 square feet.

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82)

(1)

Every plot in an R-3-B district used for multifamily structures shall have a minimum of 25 percent of the total plot area set aside for open areas. None of the area required for the purpose of landscaping parking lots shall be counted towards the required percentage of open space as herein stated.

(2)

Landscaping of the above open area. The required open area, where not used for permissible driveways or sidewalks leading to a structure on the premises, shall be planted and maintained in lawn or landscaping including flower beds, shrubs, or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic and the remainder of the yard spaces shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris. Ponds and lakes within the plot area may be included in the 25 percent open area. All such landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82; Ord. No. 5706, § 17, 10-22-24)

The first 5 feet of any yard abutting a street right-of-way in an R-3-B district shall be used as a landscaped yard. When such street right-of-way separates this district from a single- family district the distance shall be increased to 25 feet. The landscaped yard shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

Except as authorized by subsection (1), the landscaped yard shall be planted and maintained in lawn or landscaping including flower beds, shrubs or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic, and the remainder of the landscaped yard spaces shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris.

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82; Ord. No. 5714, § 2, 11-4-24)

The following sections are referenced for review herein:

(Ord. No. 898, § 1, 8-11-64; Ord. No. 1225, §§ 11—13, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1295, § 2, 6-18-68; Ord. No. 1355, § 3, 7-1-69; Ord. No. 1637, §§ 7—9, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1821, § 4, 7-18-73; Ord. No. 1952, § 4, 4-9-74; Ord. No. 1980, § 3, 5-14-74; Ord. No. 2930, § 3, 5-19-81; Ord. No. 3113, § 3, 8-10-82)

The regulations in this division shall apply to all R-3-C districts.

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82)

In R-3-C districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 of the following specified uses:

(a)

Single-family residences, which shall be subject to the requirements of the R-1-B zoning district set forth in article IX, in lieu of the requirements specified in this division; and duplexes, which shall be subject to the requirements of the R-2 zoning district set forth in article X, division 2, in lieu of the requirements specified in this division. Notwithstanding, the maximum allowable density for both single-family residences and duplexes shall be pursuant to section 28-510.

(b)

Multifamily dwellings as specified herein.

(c)

Helistops, as herein defined, subject to the provisions of section 28-1451 et seq.

(d)

Community residential homes subject to the provisions of section 28-1304.

(e)

Child care and adult care centers subject to the provisions of section 28-1416.

(f)

Places of worship.

(g)

Those uses set forth in section 28-1305(a).

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82; Ord. No. 3917, § 8, 5-14-91; Ord. No. 4127, § 7, 11-9-93; Ord. No. 4142, § 3, 1-25-94; Ord. No. 4290, § 7, 10-29-96; Ord. No. 5040, § 7, 9-9-08; Ord. No. 5555, § 6, 1-26-21; Ord. No. 5615, § 9, 7-26-22; Ord. No. 5661, § 5, 9-27-23)

Conditional use approval may be requested by the owner of property in R-3-C districts for the following uses in accordance with division 4 of article II:

(a)

Convalescent homes.

(b)

Nursing homes.

(c)

Those uses set forth in section 28-1305(c).

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82; Ord. No. 4323, § 6, 5-1-97; Ord. No. 5555, § 6, 1-26-21)

Every plot in R-3-C districts shall be not less than 100 feet in width, and 100 feet in depth, and 25,000 square feet in area.

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82)

The maximum allowable density imposed upon lands and property zoned R-3-C is 13½ units per gross acre. Convalescent homes and nursing homes shall be regulated by beds per acre (BPA), and shall have a maximum BPA (assuming 1 person per bed) of 75.

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82; Ord. No. 5487, § 6, 6-11-19)

(1)

No building or structure or part thereof in an R-3-C district shall be erected to a height exceeding 50 feet.

(2)

No accessory building or structure shall be erected to exceed 15 feet. When such accessory buildings serve more than 1 multifamily structure, the planning and zoning board may approve an increase in height of such accessory buildings to 25 feet, when considered fully justified and not in violation of the provisions of this chapter.

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82)

(1)

Rear yards. Every plot in an R-3-C district shall have a rear yard not less than 25 feet in depth for a building or structure up to and including 25 feet in height; provided, that when the structure exceeds 25 feet in height the depth of the rear yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof above 25 feet in height until the maximum height has been reached. Rear yards abutting a lake or waterway of not less than 60 feet in width need not be greater in depth than 25 feet.

(2)

Front or street yard. Every plot shall have a front or street yard not less than 25 feet in depth for a building or structure up to and including 25 feet in height provided that when the building or structure exceeds 25 feet in height such yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof until the maximum height has been reached.

(3)

Side yards. A side yard shall be provided on each side of every plot of not less than 15 feet in width; provided, that when the building or structure exceeds 25 feet in height such yards shall be increased by 1 foot for each additional 2 feet in height or portion thereof until the maximum height has been reached.

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82)

(1)

Every plot in an R-3-C district used for multifamily structures shall have a minimum of 25 percent of the total plot area set aside for open areas. None of the area required for the purpose of landscaping parking lots shall be counted towards the required percentage of open space as herein stated.

(2)

Landscaping of the above open area. The required open area, where not used for permissible driveways or sidewalks leading to a structure on the premises, shall be planted and maintained in lawn or landscaping including flower beds, shrubs, or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic and the remainder of the yard spaces shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris. Ponds and lakes within the plot area may be included in the 25 percent open area. All such landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82; Ord. No. 5706, § 18, 10-22-24)

The first 5 feet of any yard abutting a street right-of-way in an R-3-C district shall be used as a landscaped yard. When such street right-of-way separates this district from a single-family district the distance shall be increased to 25 feet. The landscaped yard shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

Except as authorized by subsection (1), the landscaped yard shall be planted and maintained in lawn or landscaping including flower beds, shrubs or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic, and the remainder of the landscaped yard spaces shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris.

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82; Ord. No. 5714, § 2, 11-4-24)

The following sections are referenced for review herein:

(Ord. No. 918, § 1, 10-27-64; Ord. No. 1225, §§ 14—16, 6-20-67; Ord. No. 1254, § 1, 10-17 -67; Ord. No. 1335, § 4, 7-1-69; Ord. No. 1637, §§ 10—12, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1668, § 4, 6-13-72; Ord. No. 1821, § 5, 7-18-73; Ord. No. 1952, § 5, 4-9-74; Ord. No. 1980, § 4, 5-14-74; Ord. No. 3113, § 4, 8-10-82)

The regulations in this division shall apply in all R-3-D districts.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86)

In R-3-D districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 of the following specified uses:

(a)

Uses permitted in single-family, duplex, townhouse and multiple dwellings, and uses accessory to multiple dwellings, including laundry machines and vending machines fully enclosed within the main building, recreation facilities, such as cabana units, sauna units, recreation buildings, swimming pools, tennis courts, golf courses, putting greens, shuffleboard courts and garages providing they are for the sole use of the occupants and their guests.

(b)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(c)

Uses accessory to any of the above uses shall not be allowed within the yard requirements.

(d)

Helistops, as herein defined, subject to the provisions of section 28-1451 et seq.

(e)

Community residential homes subject to the provisions of section 28-1304.

(f)

Child care and adult care centers subject to the provisions of section 28-1416.

(g)

Places of worship.

(h)

Those uses set forth in section 28-1305(a).

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86; Ord. No. 3917, § 9, 5-14-91; Ord. No. 4127, § 8, 11-9-93; Ord. No. 4142, § 4, 1-25-94; Ord. No. 4290, § 8, 10-29-96; Ord. No. 5040, § 8, 9-9-08; Ord. No. 5555, § 7, 1-26-21; Ord. No. 5615, § 10, 7-26-22)

Cross reference— Supplementary district regulations for heliports and helistops, § 28-1451 et seq.

Conditional use approval may be requested by the owner of property in R-3-D districts for the following uses in accordance with division 4 of article II:

(a)

Convalescent homes and nursing homes.

(b)

Assisted living facilities (ALFs).

(c)

Country inns as defined in section 28-548.

(d)

Those uses set forth in section 28-1305(c).

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86; Ord. No. 3981, § 1, 1-28-92; Ord. No. 4323, § 7, 5-1-97; Ord. No. 5487, § 7, 6-11-19; Ord. No. 5555, § 7, 1-26-21)

Cross reference— Supplementary district regulations for child care and adult care centers, § 28-1416 et seq.

(1)

The minimum size of a plot for a single-family, duplex, townhouse or multiple dwelling in an R-3-D district shall be not less than 100 feet in width and not less than 100 feet in depth and not less than 10,000 square feet in area.

(2)

Every plot upon which a permitted nonresidential structure or use is erected or placed shall be not less than 100 feet in width, not less than 100 feet in depth and not less than 15,000 square feet in area.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86)

The maximum allowable density imposed upon lands and property zoned R-3-D is 3 units per gross acre. Assisted living facilities, convalescent homes, and nursing homes shall be regulated by beds per acre (BPA), and shall have a maximum BPA (assuming 1 person per bed) of 75.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86; Ord. No. 5487, § 7, 6-11-19)

The maximum height of any building in R-3-D districts shall be 25 feet.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86)

(1)

Front, street and rear yards.

(a)

Any front, street or rear yards of any plot shall be not less than 25 feet in depth. Plots for townhouses, however, as hereinafter defined, shall not be required to have front, street or rear yards of more than 50 feet in depth.

(b)

Rear yards abutting a lake or waterway of not less than 60 feet in width need not be greater in depth than 25 feet.

(2)

Side yards.

(a)

Except as specified for townhouses in section 28-547(3), there shall be provided a side yard of not less than 15 feet in width for every multifamily dwelling or townhouse.

(b)

The length of buildings shall be determined by measuring the maximum distance between 2 parallel lines, drawn through the 2 points of the main building or structure nearest to opposite side yard property lines, or drawn through the 2 points of the main building or structure nearest to opposite rear and front property lines.

(c)

For all buildings over 100 feet in length, all setback requirements will be increased by 1 foot for each 1 foot of additional length over the 100-foot dimension.

(d)

Side yards for single and duplex units shall not be less than 10 feet.

(3)

All yards, nonresidential use. The provisions of section 28-422(4) shall apply for all yards for nonresidential use.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86)

The minimum floor area in R-3-D districts shall be as follows:

(a)

Single-family dwelling unit: 1,250 square feet.

1.

Duplex dwelling unit: The minimum floor area of each dwelling unit in a 2-family dwelling shall have not less than 700 square feet of floor area; provided, that the total combined floor area in both dwelling units shall be not less than 1,700 square feet.

2.

Townhouses: 1,000 square feet per dwelling unit.

(b)

Minimum floor area of each dwelling unit in a multifamily dwelling shall be as follows:

1.

For an efficiency unit, not less than 400 square feet.

2.

For a 1-bedroom unit, not less than 550 square feet.

3.

For a 2-bedroom unit, not less than 750 square feet.

4.

In all structures containing more than 2 dwelling units the average floor area of all units in each structure shall be not less than 600 square feet per unit.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86)

The provisions of section 28-423 shall apply for all yards abutting a street right-of-way in R-3-D districts.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86)

The first 25 feet of any yard abutting a street right-of-way in an R-3 district shall be used as a landscaped yard, which shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

Except as authorized by subsection (1), the landscaped yard shall be planted and maintained in lawn or landscaping, including flower beds, shrubs, or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic, and the remainder of the landscaped yard spaces shall be maintained in a healthy growing condition neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris.

(3)

All such landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(4)

None of the area required for the purpose of landscaping parking lots shall be counted towards the required percentage of open space as herein stated. Ponds and lakes within the plot area may be included in the required percentage of open space.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86; Ord. No. 5706, § 19, 10-22-24; Ord. No. 5714, § 2, 11-4-24)

The provisions of section 28-425 shall apply to all accessory buildings in R-3-D districts.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86)

(1)

Townhouse development (including patio villa and other buildings of similar nomenclature) is the development of a group of a minimum of 3 and the maximum of 8 attached single-family dwellings having a common wall between units.

(2)

All living units must have an individual identity which is to be achieved by a combination of some of the following:

(a)

Varying building unit height.

(b)

Varying building unit forms.

(c)

Varying roof pitch and pitch directions.

(d)

Addition or deletion of patio and patio walls.

(e)

Staggering of exterior walls.

(3)

Front, rear, street and side yard requirements for townhouses only will be as follows:

(a)

The maximum required setbacks for rear yards, front yards and street yards in townhouse developments only will be not more than 50 feet.

(b)

When the length of a townhouse structure, as defined in section 28-542(2)(b) above exceeds 100 feet, both side yards shall be increased by 1 foot for every 2 feet of additional length, or fraction thereof, over the 100-foot dimension.

(Ord. No. 1647, § 1, 4-18-72; Ord. No. 1668, § 5, 6-13-72; Ord. No. 1821, § 6, 7-18-73; Ord. No. 1952, § 6, 4-9-74; Ord. No. 1980, § 5, 5-14-74; Ord. No. 2012, § 1, 9-10-74; Ord. No. 2930, § 4, 5-19-81; Ord. No. 3113, § 5, 8-10-82; Ord. No. 3231, § 1, 8-9-83; Ord. No. 3581, § 3, 10-14-86)

(1)

A country inn is a building which is a restored or renovated residential structure of historic significance, as defined in section 28-236, and where overnight accommodations and meal service for overnight guests are provided. The building may be situated on its site of origin or may be relocated.

(2)

For country inns only, the following requirements shall apply:

(a)

The minimum plot size shall be 20,000 square feet and the minimum plot width shall be 100 feet.

(b)

A country inn shall not exceed 12 guest rooms, including the innkeeper, in the building.

(c)

The front, street, side or rear yard of the predominate historical building shall be 30 feet in depth.

(d)

Section 28-542(2)(c) shall not apply to country inns.

(e)

If necessary to preserve features of historic significance in the residential structure, some provisions of the city building code, other than life safety provisions, may be waived by the chief code administrator.

(f)

Guest rooms at country inns shall not be less than 300 square feet.

(g)

An innkeeper and family may permanently reside in the country inn.

(h)

Parking shall be provided in accordance with section 28-1655(d). Parking shall also be provided for any permanent residents as provided for in section 28-1655(a). Parking shall also be provided for any employees at the rate of 1 parking space for each employee.

(Ord. No. 3981, § 2, 1-28-92)

The regulations in this division shall apply to all R-3-E districts.

(Ord. No. 1647, § 2, 4-18-72; Ord. No. 1821, § 7, 7-18-73; Ord. No. 1952, § 7, 4-9-74; Ord. No. 3232, § 1, 8-9-83)

In R-3-E districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 of the following specified uses:

(a)

Uses permitted in single-family, duplex, townhouse and multiple dwellings, and uses accessory to multiple dwellings, including laundry machines and vending machines fully enclosed within the main building, recreation facilities, such as cabana units, sauna units, recreation buildings, swimming pools, tennis courts, golf courses, putting greens, shuffleboard courts and garages providing they are for the sole use of the occupants and their guests.

(b)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(c)

Uses accessory to any of the above uses shall not be allowed within the yard requirements.

(d)

Helistops, as herein defined, subject to the provisions of section 28-1451 et seq.

(e)

Community residential homes subject to the provisions of section 28-1304.

(f)

Child care and adult care centers subject to the provisions of section 28-1416.

(g)

Places of worship.

(h)

Those uses set forth in section 28-1305(a).

(Ord. No. 1647, § 2, 4-18-72; Ord. No. 1821, § 7, 7-18-73; Ord. No. 1952, § 7, 4-9-74; Ord. No. 3232, § 1, 8-9-83; Ord. No. 3917, § 10, 5-14-91; Ord. No. 4142, § 5, 1-25-94; Ord. No. 4290, § 9, 10-29-96; Ord. No. 5040, § 9, 9-9-08; Ord. No. 5555, § 8, 1-26-21)

Conditional use approval may be requested by the owner of property in R-3-E districts for the following uses in accordance with division 4 of article II: those uses set forth in section 28-1305(c).

(Ord. No. 5555, § 9, 1-26-21)

(1)

The minimum size of a plot for a single-family duplex, townhouse or multiple dwelling in an R-3-E district shall be not less than 100 feet in width and not less than 100 feet in depth and not less than 10,000 square feet in area.

(2)

Every plot upon which a permitted nonresidential structure or use is erected or placed shall be no less than 100 feet in width, not less than 100 feet in depth and not less than 15,000 square feet in area.

(Ord. No. 4080, § 1, 3-16-93; Ord. No. 4142, § 6, 1-25-94)

The maximum allowable density imposed upon lands and property zoned R-3-E is 5 units per gross acre.

(Ord. No. 4142, § 7, 1-25-94)

The maximum height of any building in R-3-E districts shall be 35 feet.

(Ord. No. 4142, § 8, 1-25-94)

(1)

Front, street and rear yards.

(a)

Any front, street or rear yards of any plot shall be not less than 25 feet in depth. Plots for townhouses, however, as hereinafter defined, shall not be required to have front, street or rear yards of more than 50 feet in depth.

(b)

Rear yards abutting a lake or waterway of not less than 60 feet in width need not be greater in depth than 25 feet.

(2)

Side yards.

(a)

Except as specified for townhouses in section 28-576(3), there shall be provided a side yard of not less than 15 feet in width for every multifamily dwelling or townhouse.

(b)

The length of buildings shall be determined by measuring the maximum distance between 2 parallel lines, drawn through the 2 points of the main building or structure nearest to opposite side yard property lines, or drawn through the 2 points of the main building or structure nearest to opposite rear and front property lines.

(c)

For all buildings over 100 feet in length, all setback requirements will be increased by 1 foot for each 1 foot of additional length over the 100-foot dimension.

(d)

Side yards for single and duplex units shall not be less than 10 feet.

(3)

All yards, nonresidential use. The provisions of section 28-422(4) shall apply for all yards for nonresidential use.

(Ord. No. 4080, § 1, 3-16-93; Ord. No. 4142, § 9, 1-25-94)

The minimum floor area in R-3-E districts shall be as follows:

(a)

Single-family dwelling unit: 1,250 square feet.

1.

Duplex dwelling unit: The minimum floor area of each dwelling unit in a 2-family dwelling shall have not less than 700 square feet of floor area; provided, that the total combined floor area in both dwelling units shall be not less than 1,700 square feet.

2.

Townhouses: 1,000 square feet per dwelling unit.

(b)

Minimum floor area of each dwelling unit in a multifamily dwelling shall be as follows:

1.

For an efficiency unit, not less than 400 square feet.

2.

For a 1-bedroom unit, not less than 550 square feet.

3.

For a 2-bedroom unit, not less than 750 square feet.

4.

In all structures containing more than 2 dwelling units the average floor area of all units in each structure shall be not less than 600 square feet per unit.

(Ord. No. 4080, § 1, 3-16-93; Ord. No. 4142, § 9, 1-25-94)

The provisions of section 28-423 shall apply for all yards abutting a street right-of-way in the R-3-E districts.

(Ord. No. 4080, § 1, 3-16-93; Ord. No. 4142, § 9, 1-25-94)

The first 25 feet of any yard abutting a street right-of-way in an R-3 district shall be used as a landscaped yard, which shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

Except as authorized by subsection (1), the landscaped yard shall be planted and maintained in lawn or landscaping, including flower beds, shrubs, or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic, and the remainder of the yard spaces shall be maintained in a healthy growing condition neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris.

(3)

All such landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(4)

None of the area required for the purpose of landscaping parking lots shall be counted towards the required percentage of open space as herein stated. Ponds and lakes within the plot area may be included in the required percentage of open space.

(Ord. No. 4080, § 1, 3-16-93; Ord. No. 4142, § 9, 1-25-94; Ord. No. 5706, § 20, 10-22-24; Ord. No. 5714, § 2, 11-4-24)

The provisions of section 28-425 shall apply to all accessory buildings in R-3-E districts.

(Ord. No. 4080, § 1, 3-16-93; Ord. No. 4142, § 9, 1-25-94)

(1)

Townhouse development (including patio villa and other buildings of similar nomenclature) is the development of a group of a minimum of 3 and the maximum of 8 attached single-family dwellings having a common wall between units.

(2)

All living units must have an individual identity which is to be achieved by a combination of some of the following:

(a)

Varying building unit height.

(b)

Varying building unit forms.

(c)

Varying roof pitch and pitch directions.

(d)

Addition or deletion of patio and patio walls.

(e)

Staggering of exterior walls.

(3)

Front, rear, street and side yard requirements for townhouses only will be as follows:

(a)

The maximum required setbacks for rear yards, front yards and street yards in townhouse developments only will be not more than 50 feet.

(b)

When the length of a townhouse structure, as defined in section 28-571(2)(b) above exceeds 100 feet, both side yards shall be increased by 1 foot for every 1 foot of additional length, or fraction thereof, over the 100-foot dimension.

(Ord. No. 4080, § 1, 3-16-93; Ord. No. 4142, § 9, 1-25-94)

The regulations in this division shall apply to all R-3-F districts.

(Ord. No. 1647, § 3, 4-18-72; Ord. No. 1821, § 8, 7-18-73; Ord. No. 1952, § 8, 4-9-74; Ord. No. 3233, § 1, 8-9-83)

In R-3-F districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 of the following specified uses:

(a)

Uses permitted in single-family, duplex, townhouse and multiple dwellings, and uses accessory to multiple dwellings, including laundry machines and vending machines fully enclosed within the main building, recreation facilities, such as cabana units, sauna units, recreation buildings, swimming pools, tennis courts, golf courses, putting greens, shuffleboard courts and garages providing they are for the sole use of the occupants and their guests.

(b)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(c)

Uses accessory to any of the above uses shall not be allowed within the yard requirements.

(d)

Helistops, as herein defined, subject to the provisions of section 28-1451 et seq.

(e)

Community residential homes subject to the provisions of section 28-1304.

(f)

Child care and adult care centers subject to the provisions of section 28-1416.

(g)

Places of worship.

(h)

Those uses set forth in section 28-1305(a).

(Ord. No. 1647, § 3, 4-18-72; Ord. No. 1821, § 8, 7-18-73; Ord. No. 1952, § 8, 4-9-74; Ord. No. 3233, § 1, 8-9-83; Ord. No. 3917, § 11, 5-14-91; Ord. No. 4142, § 10, 1-25-94; Ord. No. 4290, § 10, 10-29-96; Ord. No. 5040, § 10, 9-9-08; Ord. No. 5555, § 10, 1-26-21)

Conditional use approval may be requested by the owner of property in R-3-F districts for the following uses in accordance with division 4 of article II: those uses set forth in section 28-1305(c).

(Ord. No. 5555, § 11, 1-26-21)

(1)

The minimum size of a plot for a single-family, duplex, townhouse or multiple dwelling in an R-3-F district shall be not less than 100 feet in width and not less than 100 feet in depth and not less than 10,000 square feet in area.

(2)

Every plot upon which a permitted nonresidential structure or use is erected or placed shall be not less than 100 feet in width, not less than 100 feet in depth and not less than 15,000 square feet in area.

(Ord. No. 4080, § 2, 3-16-93; Ord. No. 4142, § 11, 1-25-94)

The maximum allowable density imposed upon lands and property zoned R-3-F is 7½ units per gross acre.

(Ord. No. 4142, § 12, 1-25-94)

The maximum height of any building in R-3-F districts shall be 35 feet. However, for any property line east of State Road A-1-A which is subject to the coastal construction control line, the maximum height shall be 50 feet.

(Ord. No. 4142, § 13, 1-25-94)

(1)

Front, street and rear yards.

(a)

Any front, street or rear yards of any plot shall be not less than 25 feet in depth. Plots for townhouses, however, as hereinafter defined, shall not be required to have front, street or rear yards of more than 50 feet in depth.

(b)

Rear yards abutting a lake or waterway of not less than 60 feet in width need not be greater in depth than 25 feet.

(2)

Side yards.

(a)

Except as specified for townhouses in section 28-591(3), there shall be provided a side yard of not less than 15 feet in width for every multifamily dwelling or townhouse.

(b)

The length of buildings shall be determined by measuring the maximum distance between 2 parallel lines, drawn through the 2 points of the main building or structure nearest to opposite side yard property lines, or drawn through the 2 points of the main building or structure nearest to opposite rear and front property lines.

(c)

For all buildings over 100 feet in length, all setback requirements will be increased by 1 foot for each 1 foot of additional length over the 100-foot dimension.

(d)

Side yards for single and duplex units shall not be less than 10 feet.

(3)

All yards, nonresidential use. The provision of section 28-422(4) shall apply for all yards for nonresidential use.

(Ord. No. 4080, § 2, 3-16-93; Ord. No. 4142, § 14, 1-25-94)

The minimum floor area in R-3-F districts shall be as follows:

(a)

Single-family dwelling unit: 1,250 square feet.

1.

Duplex dwelling unit. The minimum floor area of each dwelling unit in a 2-family dwelling shall have not less than 700 square feet of floor area; provided, that the total combined floor area in both dwelling units shall be not less than 1,700 square feet.

2.

Townhouses: 1,000 square feet per dwelling unit.

(b)

Minimum floor area of each dwelling unit in a multifamily dwelling shall be as follows:

1.

For an efficiency unit, not less than 400 square feet.

2.

For a 1-bedroom unit, not less than 550 square feet.

3.

For a 2-bedroom unit, not less than 750 square feet.

4.

In all structures containing more than 2 dwelling units the average floor area of all units in each structure shall be not less than 600 square feet per unit.

(Ord. No. 4080, § 2, 3-16-93; Ord. No. 4142, § 14, 1-25-94)

The provisions of section 28-423 shall apply for all yards abutting a street right-of-way in R-3-F districts.

(Ord. No. 4080, § 2, 3-16-93; Ord. No. 4142, § 14, 1-25-94)

The first 25 feet of any yard abutting a street right-of-way in an R-3 district shall be used as a landscaped yard, which shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

Except as authorized by subsection (1), the landscaped yard shall be planted and maintained in lawn or landscaping, including flower beds, shrubs, or hedges not over 3 feet in height, and trees planted so as not to obscure vision of traffic, and the remainder of the yard spaces shall be maintained in a healthy growing condition neat and orderly in appearance, and yard spaces shall be kept free of refuse and debris.

(3)

All such landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(4)

None of the area required for the purpose of landscaping parking lots shall be counted towards the required percentage of open space as herein stated. Ponds and lakes within the plot area may be included in the required percentage of open space.

(Ord. No. 4080, § 2, 3-16-93; Ord. No. 4142, § 14, 1-25-94; Ord. No. 5706, § 21, 10-22-24; Ord. No. 5714, § 2, 11-4-24)

The provisions of section 28-425 shall apply to all accessory buildings in R-3-F districts.

(Ord. No. 4080, § 2, 3-16-93; Ord. No. 4142, § 14, 1-25-94)

(1)

Townhouse development (including patio villa and other buildings of similar nomenclature) is the development of a group of a minimum of 3 and the maximum of 8 attached single-family dwellings having a common wall between units.

(2)

All living units must have an individual identity which is to be achieved by a combination of some of the following:

(a)

Varying building unit height.

(b)

Varying building unit forms.

(c)

Varying roof pitch and pitch directions.

(d)

Addition or deletion of patio and patio walls.

(e)

Staggering of exterior walls.

(3)

Front, rear, street and side yard requirements for townhouses only will be as follows:

(a)

The maximum required setbacks for rear yards, front yards and street yards in townhouse developments only will be not more than 50 feet.

(b)

When the length of a townhouse structure, as defined in section 28-586(2)(b) above exceeds 100 feet, both side yards shall be increased by 1 foot for every 1 foot of additional length, or fraction thereof, over the 100-foot dimension.

(Ord. No. 4080, § 2, 3-16-93; Ord. No. 4142, § 14, 1-25-94)

The regulations in this division shall apply in all R-4 districts.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88)

In R-4 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Multiple dwellings, including two-family dwellings, and uses accessory to multiple dwellings, including laundry machines and vending machines, fully enclosed within the main building, garages, recreation facilities, such as cabana units, sauna units, recreation buildings, swimming pools, tennis courts, golf courses, putting greens and shuffleboard courts, and private docks and mooring facilities, providing they are for the sole use of occupants and their guests.

(b)

Child care and adult care centers subject to the provisions of section 28-1416 et seq.

(c)

Single-family residences, which shall be subject to the requirements of the R-1-D zoning district set forth in article IX, in lieu of the requirements set forth in this division. Notwithstanding, the minimum plot width, depth and area for single-family residences shall be pursuant to section 28-600(2); the maximum allowable density for single-family residences shall be pursuant to section 28-601; and the minimum floor area for single-family residences shall be pursuant to section 28-607(a).

(d)

Community residential homes, subject to the provisions of section 28-1304.

(e)

Uses accessory to any of the above permitted uses.

(f)

Those uses set forth in section 28-1305(a).

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88; Ord. No. 3917, § 12, 5-14-91; Ord. No. 4127, § 9, 11-9-93; Ord. No. 4185, § 1, 1-10-95; Ord. No. 4290, § 11, 10-29-96; Ord. No. 5555, § 12, 1-26-21; Ord. No. 5615, § 11, 7-26-22; Ord. No. 5661, § 6, 9-27-23)

Cross reference— Supplementary district regulations for child care and adult care centers, § 28-1416 et seq.

Conditional use approval may be requested by the owner of property in R-4 districts for the following uses in accordance with division 4 of article II:

(a)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(b)

Reserved.

(c)

Institutions of an educational or philanthropic character.

(d)

Private colleges and universities offering courses of study leading to an academic degree and accredited by the Southern Association of Colleges and Secondary Schools.

(e)

Docks, mooring facilities and accessory uses or accessory buildings for charter boats, fishing boats, excursion or sightseeing boats; provided, that commercial fishing boats and other types of boats for commercial, business or industrial purposes shall not be permitted unless upon consideration of the planning and zoning board and recommendation to the city council. The city council shall, after public hearing, find that such use can be permitted without unduly affecting other property in the vicinity and without violating the spirit and purpose of this chapter. Any such permitted docks shall not project more than 5 feet into any waterway, nor extend nearer than 25 feet to any other residentially zoned property. For waterways under the jurisdiction of the United States Army Corps of Engineers, the permissible projection into the waterway shall be determined by that agency.

(f)

Hotels, apartment hotels and motels.

(g)

Places of worship.

(h)

Those uses set forth in section 28-1305(c).

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88; Ord. No. 5040, § 11, 9-9-08; Ord. No. 5487, § 8, 6-11-19; Ord. No. 5555, § 12, 1-26-21)

Cross reference— Docks and other mooring facilities, § 22-56 et seq.

Special accessory uses permitted in R-4 districts are:

(a)

Hotels, apartment hotels and motels of 50 or more units may have restaurants, dining rooms and/or bars located in the main building.

(b)

Multiple-family dwellings having 100 or more units may have retail stores, personal service shops, nightclubs, offices and similar uses for the convenience of their guests, subject to the following limitations and requirements:

1.

Access to such special accessory uses shall be limited to the interior of the building, provided that doors for exit purposes only may be located in the exterior walls of the building.

2.

There shall be no signs or advertising relating to such special accessory uses on the exterior or interior of the building visible from any street, waterway, ocean front or adjacent property.

3.

There shall be no show windows or displays relating to such special accessory uses on the exterior of the building or visible from any street, waterway, ocean front or adjacent property.

4.

The space occupied by such special accessory uses shall be on the interior of the building and there shall be no evidence or indication of the existence of such special accessory uses on or from the exterior of the building.

5.

In multifamily buildings, business uses shall be confined to the first floor only.

6.

Permission of the owner of the entire building or a majority of the owners of the building where the business use is to be located shall be secured in writing prior to the establishing of the commercial use.

7.

All buildings combining business and multifamily uses shall conform to the yard, plot, size, building area, setback requirements and parking requirements herein specified for multifamily uses with the exception that a building containing a combination of uses shall maintain a rear yard of 50 feet when the plot abuts an R-1 district. Such rear yard shall be landscaped.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88)

(1)

Every plot for a hotel, motel or multifamily building in an R-4 district shall be not less than 100 feet in width, nor less than 100 feet in depth, nor less than 25,000 square feet in area.

(2)

Every plot for a single-family dwelling or two-family dwelling shall be not less than 80 feet in width, nor less than 110 feet in depth, nor less than 8,800 square feet in area.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88; Ord. No. 4185, § 2, 1-10-95)

The maximum allowable density imposed upon lands and property zoned R-4 is 15 units per gross acre. Hotels and motels shall be exempt from this requirement.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88)

No building or structure or part thereof in an R-4 district shall be erected to a height exceeding 50 feet.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88)

(1)

Front and street yard. All front and street yards in R-4 districts shall be not less than 25 feet in depth for a building or structure up to and including 25 feet in height and up to and including 200 feet in length.

(2)

Side yards. A side yard shall be provided on each side of every plot not less than 25 feet in width for a building or structure up to and including 25 feet in height and up to and including 200 feet in length.

(3)

Rear yard. Every plot shall have a rear yard not less than 25 feet in depth for a building or structure up to and including 25 feet in height and up to and including 200 feet in length. Rear yards abutting a lake or a waterway of not less than 60 feet in width need not be greater than 25 feet in depth.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88)

(1)

For all buildings in R-4 districts over 25 feet in height, all front, side and rear yards shall each be increased at the rate of 1 foot for each additional 2 feet in height or portion thereof until the maximum height has been reached.

(2)

For all buildings over 200 feet in length, all front, side and rear yards shall each be increased at the rate of 1 foot for each additional 2 feet in length or portion thereof.

(3)

The length of the buildings shall be determined by measuring the distance between 2 parallel lines drawn through the 2 points of the main building or structure nearest to the opposite side yard property lines, or drawn through the 2 points of the main building or structure nearest to the opposite front and rear property lines.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88)

The first 25 feet of any yard abutting a street right-of-way in an R-3 district shall be used as a landscaped yard, which shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88; Ord. No. 5714, § 2, 11-4-24)

(1)

The height of any accessory building or structure in an R-4 district above the established grade shall be limited to 25 feet and located within the additional yard requirements.

(2)

The above height is to include walls, fences, coping or any other structural details. In case the roof of any such accessory building is to be utilized for parking of passenger vehicles or recreation area, the height of the accessory building shall be limited to 20 feet. Accessory buildings used as a restaurant or auditorium may be built to a height of 25 feet.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88)

The minimum floor area in R-4 districts shall be as follows:

(a)

Single-family dwelling. The minimum floor area of a single-family dwelling shall be 1,250 square feet.

(b)

Multiple dwelling.

1.

The minimum floor area for each efficiency unit shall be 400 square feet.

2.

The minimum floor area for each 1-bedroom unit shall be 550 square feet.

3.

The minimum floor area for each 2-bedroom unit shall be 750 square feet.

(c)

Hotel, apartment hotel and motel buildings. The minimum floor area of a sleeping room unit, including closets, baths and like areas for rental or guest accommodation purposes in hotel, apartment hotel, motel, club or tourist house shall be 325 square feet.

(d)

The minimum floor area of each dwelling unit in a two-family dwelling shall be 700 square feet. The total combined floor areas in both dwelling units shall be not less than 1,400 square feet.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88; Ord. No. 4185, § 3, 1-10-95)

Every plot used for structures in R-4 districts shall have a minimum of 25 percent of the total plot area set aside for open or green areas. Every plot used for a hotel, apartment hotel or motel structure shall have a minimum of 40 percent of the total plot area set aside for open or green areas. None of the area required for the purpose of landscaping parking lots shall be counted towards the required percentage of open space as herein stated. Ponds and lakes within the plot area may be included in the required percentage of open space. All such landscaping shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88; Ord. No. 5706, § 22, 10-22-24)

All landscaped and green areas in R-4 districts shall be planted and maintained in lawn and/or landscaping and shall be approved in accordance with all applicable landscaping requirements set forth in this Code.

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88; Ord. No. 5706, § 23, 10-22-24)

The following sections are referenced for review herein: table below. Ms. 4538—4540

(Ord. No. 253, § 10, 2-28-56; Ord. No. 276, § 3, 4-9-57; Ord. No. 290, § 3, 9-24-57; Ord. No. 694, § 1, 7-10-62; Ord. No. 979, § 1, 6-22-65; Ord. No. 1157, § 6, 11-1-66; Ord. No. 1207, § l, 3-28-67; Ord. No. 1225, §§ 17-19, 6-20-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1355, § 5, 7-1-69; Ord. No. 1457, § 1, 8-4-70; Ord. No. 1578, § 1, 8-10-71; Ord. No. 1637, §§ 13, 14, 3-14-72; Ord. No. 1663, § 1, 5-9-72; Ord. No. 1727, §§ 1-6, 10-10-72; Ord. No. 1802, § 1, 4-17-73; Ord. No. 1821, § 9, 7-18-73; Ord. No. 1952, § 9, 4-9-74; Ord. No. 1973, §§ 1, 2, 5-14-74; Ord. No. 1980, § 6, 5-14-74; Ord. No. 2177, §§ 1, 2, 7-8-75; Ord. No. 2930, § 5, 5-19-81; Ord. No. 3705, § 9, 7-26-88)

The regulations in this division shall apply to all R-5 districts.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88)

In R-5 districts, no building, structure, land, or part thereof shall be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Multiple dwellings, except duplexes, and uses accessory to multiple dwellings including laundry machines and vending machines fully enclosed within the main building, garages, recreation facilities, cabanas, sauna units, swimming pools, tennis courts, golf courses, putting greens, shuffleboard courts and private docks and mooring facilities, providing they are for the sole use of the occupants and their guests.

(b)

Single-family residences, which shall be subject to the requirements of the R-1-B zoning district set forth in article IX, in lieu of the requirements specified in this division. Notwithstanding, the maximum allowable density for single-family residences shall be pursuant to section 28-640.

(c)

Child care and adult care centers subject to the provisions of section 28-1416 et seq.

(d)

Community residential homes subject to the provisions of section 28-1304.

(e)

Those uses set forth in section 28-1305(a).

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88; Ord. No. 3917, § 13, 5-14-91; Ord. No. 4127, §§ 10, 11, 11-9-93; Ord. No. 4290, § 12, 10-29-96; Ord. No. 5555, § 13, 1-26-21; Ord. No. 5615, § 12, 7-26-22; Ord. No. 5661, § 7, 9-27-23)

Cross reference— Supplementary district regulations for child care and adult care centers, § 28-416 et seq.

Conditional use approval may be requested by the owner of property in R-5 districts for the following uses in accordance with division 4 of article II:

(a)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(b)

Reserved.

(c)

Institutions of an educational or philanthropic character.

(d)

Private colleges and universities offering courses of study leading to an academic degree and accredited by the Southern Association of Colleges and Secondary Schools.

(e)

Cabana clubs and beach clubs. Such clubs may have restaurant-type rooms and bars when located in the main building.

(f)

Docks, mooring facilities and accessory uses or accessory buildings for charter boats, fishing boats, excursion or sightseeing boats; provided that commercial fishing boats and other types of boats for commercial business or industrial purposes shall not be permitted, unless, after consideration by the planning and zoning board and recommendation to the city council, the city council shall, after public hearing, find that such use can be permitted without adversely affecting other property in the vicinity and without violating the spirit and purpose of this chapter.

(g)

Hotels, apartment hotels and motels.

(h)

Places of worship.

(i)

Those uses set forth in section 28-1305(c).

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88; Ord. No. 4323, § 9, 5-1-97; Ord. No. 5040, § 12, 9-9-08; Ord. No. 5487, § 9, 6-11-19; Ord. No. 5555, § 13, 1-26-21)

Cross reference— Docks, and other mooring facilities, § 22-56 et seq.; supplementary district regulations for child care and adult care centers, § 28-1416 et seq.

Every plot in an R-5 district for a motel-hotel or multifamily building shall be not less than 100 feet in width and 100 feet in depth and 25,000 square feet in area.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88)

The maximum allowable density imposed upon lands and property zoned R-5 is 17½ units per gross acre. However, the maximum allowable density for hotel, apartment hotel and motel use shall be 1.5 times the above amount.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88)

No building or structure, or part thereof, shall be erected or altered in an R-5 district to a height exceeding 85 feet.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88)

(1)

Front yards. Every plot in an R-5 district shall have a front yard, adjacent to all street frontages, not less than 25 feet in depth for a building or structure up to and including 25 feet in height; provided, that when the structure exceeds 25 feet in height, the yard shall be increased by 1 foot for each additional 2 feet or portion thereof.

(2)

Side yards.

(a)

A side yard shall be provided on each side of every plot of not less than 20 feet in width; provided that when the structure exceeds 25 feet in height, the side yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof.

(b)

When the maximum distance between 2 parallel lines, drawn through the 2 points of the main building or structure nearest to opposite side yard property lines, exceeds 200 feet, the additional side yard shall be increased above that established by (a) above as follows:

1.

One foot for every 5 feet in length or fraction thereof over 200 feet up to and including 400 feet.

2.

One foot for every 2½ feet in length or fraction thereof over 400 feet in length.

(3)

Rear yard. Every plot other than a corner or through plot shall have a rear yard not less than 25 feet in depth for a building or structure up to and including 25 feet in height, provided that when the structure exceeds 25 feet in height, the rear yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88)

The minimum floor area of a sleeping room unit, including closets, baths and like areas for rental or guest accommodation purposes in a hotel, apartment hotel, motel, club or tourist house in an R-5 district shall be 325 square feet.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88)

(1)

The height of any accessory building or structure in an R-5 district measured from the established grade shall be limited to 25 feet. Accessory buildings and structures shall be located only within the additional yards.

(2)

In determining the height of an accessory building or structure, the measurement shall include walls, fences, coping and other structural details. In case the roof of any accessory building or structure is to be utilized for the parking of motor vehicles or as a recreation area, the height of the accessory building or structure shall be limited to 20 feet.

(3)

Accessory buildings used as a restaurant or auditorium may be built to a height of 25 feet.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88)

The first 25 feet of any yard abutting a street right-of-way in an R-3 district shall be used as a landscaped yard, which shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

The required landscape area shall be planted and maintained in accordance with the landscape plan approved pursuant to all applicable landscaping requirements set forth in this Code. Landscaping shall be arranged in a manner as not to obscure the vision of traffic.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88; Ord. No. 5706, § 24, 10-22-24; Ord. No. 5714, § 2, 11-4-24)

(1)

Every plot in an R-5 district used for a multifamily structure or cabana club shall have a minimum of 25 percent of the total plot area set aside for open or green space. Every plot used for a hotel, apartment hotel or motel structure shall have a minimum of 40 percent of the total plot area set aside for open green space.

(2)

Landscaping of open space area. The required open space, where not used for permissible driveways or sidewalks leading to a structure on the premises, shall be planted and maintained in accordance with a landscape plan approved pursuant to all applicable landscaping requirements set forth in this Code. Landscaping shall be so arranged in a manner as not to obscure the vision of traffic. Effort should be made to retain desirable natural vegetation and preserve environmental characteristics of the site.

(3)

Ponds and lakes within the plot area may be included as part of the required open space, provided that such inclusion is approved by the planning and zoning board and the city council.

(4)

Any area required for the purpose of landscaping parking lots shall not be counted as part of the required open space.

(5)

Recreational facilities may be counted in the computation of open space requirements only by hotels, apartment hotels or motel structures.

(Ord. No. 253, § 11, 2-28-56; Ord. No. 276, § 4, 4-9-57; Ord. No. 694, § 2, 7-10-62; Ord. No. 948, § 1, 1-19-65; Ord. No. 979, § 1, 6-22-65; Ord. No. 1207, § 2, 3-28-67; Ord. No. 1225, §§ 20-22, 6-20-67; Ord. No. 1231, § 1, 6-27-67; Ord. No. 1254, § 1, 10-17-67; Ord. No. 1277, §§ 1—3, 3-26-68; Ord. No. 1355, § 6, 7-1-69; Ord. No. 1637, §§ 15—17, 3-14-70; Ord. No. 1663, § 2, 5-9-72; Ord. No. 1728, § 1, 10-10-72; Ord. No. 1821, § 10, 7-18-73; Ord. No. 1952, § 10, 4-9-74; Ord. No. 1972, §§ 1—5, 5-14-74; Ord. No. 1980, § 7, 5-14-74; Ord. No. 1999, §§ 1, 2, 6-25-74; Ord. No. 2082, § 2, 1-7-75; Ord. No. 2113, § 1, 6-24-75; Ord. No. 2930, § 6, 5-19-81; Ord. No. 2975, § 1, 7-14-81; Ord. No. 3705, § 10, 7-26-88; Ord. No. 5706, § 25, 10-22-24)

The regulations in this division shall apply to all R-5-A districts.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88)

In R-5-A districts, no building, structure, land, or part thereof shall be allowed to be erected, altered or used in whole or in part for other than 1 or more of the following specified uses:

(a)

Multiple dwellings, except duplexes, and uses accessory to multiple dwellings, including laundry machines and vending machines fully enclosed within the main building, garages, recreation facilities, cabanas, sauna units, swimming pools, tennis courts, golf courses, putting greens, shuffleboard courts and private docks and mooring facilities, providing they are for the sole use of the occupants and their guests.

(b)

Single-family residences, which shall be subject to the requirements of the R-1-B zoning district set forth in article IX, in lieu of the requirements specified in this division. Notwithstanding, the maximum allowable density for single-family residences shall be pursuant to section 28-671.

(c)

Community residential homes, subject to the provisions of section 28-1304.

(d)

Those uses set forth in section 28-1305(a).

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88; Ord. No. 3917, § 14, 5-14-91; Ord. No. 4127, § 12, 11-9-93; Ord. No. 5555, § 14, 1-26-21; Ord. No. 5615, § 13, 7-26-22; Ord. No. 5661, § 8, 9-27-23)

Conditional use approval may be requested by the owner of property in R-5-A districts for the following uses in accordance with division 4 of article II:

(a)

Public, private and parochial nursery, kindergarten, elementary and high schools.

(b)

Reserved.

(c)

Institutions of an educational or philanthropic character.

(d)

Private colleges and universities offering courses of study leading to an academic degree and accredited by the Southern Association of Colleges and Secondary Schools.

(e)

Cabana clubs and beach clubs. Such clubs may have restaurant-type rooms and bars when located in the main building.

(f)

Docks, mooring facilities and accessory uses or accessory buildings for charter boats, fishing boats, excursion or sight-seeing boats; provided that commercial fishing boats and other types of boats for commercial, business or industrial purposes shall not be permitted unless, after consideration by the planning and zoning board and recommendation to the city council, the city council shall, after public hearing, find that such use can be permitted without adversely affecting other property in the vicinity and without violating the spirit and purpose of this chapter.

(g)

Hotels, apartment hotels and motels.

(h)

Places of worship.

(i)

Those uses set forth in section 28-1305(c).

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88; Ord. No. 4323, § 10, 5-1-97; Ord. No. 5040, § 13, 9-9-08; Ord. No. 5487, § 10, 6-11-19; Ord. No. 5555, § 14, 1-26-21)

Cross reference— Docks and other mooring facilities, § 22-56 et seq.; supplementary district regulations for child care and adult care centers, § 28-1416 et seq.

Every plot in R-5-A districts shall be not less than 100 feet in width and 100 feet in depth and 25,000 square feet in area.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88)

The maximum allowable density imposed upon lands and property zoned R-5-A is 20 units per gross acre. However, the maximum allowable density for hotel, apartment hotel and motel use shall be 1½ times the above amount.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88; Ord. No. 5487, § 10, 6-11-19)

No building or structure, or part thereof, shall be erected or altered in an R-5-A district to a height exceeding 85 feet. The planning and zoning board, in connection with the site plan approval, may permit an additional 25 feet in height if provision is made to provide an 8½-foot wide public access to the beach adjacent to the site in a manner acceptable to the city attorney.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88; Ord. No. 3881, § 1, 11-27-90)

(1)

Front yards or street yards. Every plot in R-5-A districts shall have a minimum front or street yard of not less than 25 feet in depth; provided that where the structure exceeds 25 feet in height, the front or street yard shall be increased by 1 foot for each additional 2 feet in height, until the maximum height of 150 feet has been reached.

(2)

Yards. Yards abutting the Atlantic Ocean shall not be less than 125 feet from the bulkhead line or the mean high-water line.

(3)

Side yards.

(a)

A side yard shall be provided on each side of every plot of not less than 25 feet in width; provided that when the structure exceeds 25 feet in height, the side yard shall be increased by 1 foot for each additional 2 feet in height or portion thereof.

(b)

When the distance between 2 parallel lines, drawn through the 2 points of the main building or structure nearest to opposite side yard property lines, exceeds 100 feet, the additional side yard shall be increased above that established by (a) above as follows:

1.

One foot for every 10 feet in length or fraction thereof up to and including 200 feet.

2.

One foot for every 5 feet in length or fraction thereof over 200 feet up to and including 400 feet.

3.

One foot for every 2½ feet in length or fraction thereof over 400 feet in length.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88)

The minimum floor area of a sleeping room unit, including closets, baths and like area for rental or guest accommodation purposes in a hotel, apartment hotel, motel, club or tourist house in R-5-A districts, shall be 325 square feet.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88)

The height of any accessory building or structure in R-5-A districts measured from the established grade shall be limited to 25 feet. Accessory buildings and structures shall be located only within the additional yards. In determining the height of an accessory building or structure, the measurement shall include walls, fences, coping and other structural detail. In case the roof of any accessory building or structure is to be utilized for the parking of motor vehicles or as a recreation area, the height of the accessory building or structure shall be limited to 20 feet.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88)

The first 25 feet of any yard abutting a street right-of-way in an R-3 district shall be used as a landscaped yard, which shall be subject to the following requirements:

(1)

No paving shall be permitted except for: public sidewalks along street frontages, shared use pathways, and bus shelters (when required pursuant to sections 23-162, 23-163, and 23-192, respectively); driveways; and/or walkways leading to a structure on the premises.

(2)

The required 25-foot landscaped area shall be planted and maintained in accordance with a landscape plan approved pursuant to all applicable landscaping requirements set forth in this Code. Landscaping shall be arranged in a manner as not to obscure the vision of traffic.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88; Ord. No. 5706, § 26, 10-22-24; ; Ord. No. 5714, § 2, 11-4-24)

(1)

Every plot in an R-5-A district used for a multifamily structure or cabana club shall have a minimum of 25 percent of the total plot area set aside for open or green space. Every plot used for a hotel, apartment hotel or motel structure shall have a minimum of 40 percent of the total plot area set aside for open or green space.

(2)

Landscaping of open space area. The required open space, where not used for permissible driveways or sidewalks leading to a structure on the premises, shall be planted and maintained in accordance with the landscape plan approved pursuant to all applicable landscaping requirements set forth in this Code. Landscaping shall be so arranged in a manner as not to obscure the vision of traffic. Effort should be made to retain desirable natural vegetation and preserve environmental characteristics of the site.

(3)

Ponds and lakes within the plot area may be included as part of the required open space, provided that such inclusion is approved by the planning and zoning board and the city council.

(4)

Any area required for the purpose of landscaping parking lots shall not be counted toward the required open space.

(5)

Recreational facilities may be counted in the computation of open space requirements only by hotel, apartment hotel or motel structures.

(Ord. No. 1355, § 7, 7-1-69; Ord. No. 1637, §§ 18, 19, 3-14-72; Ord. No. 1663, § 3, 5-9-72; Ord. No. 1729, § 1, 10-10-72; Ord. No. 1821, § 11, 7-18-73; Ord. No. 1952, § 11, 4-9-74; Ord. No. 1974, §§ 1—5, 5-14-74; Ord. No. 1980, § 8, 5-14-74; Ord. No. 1998, §§ 1, 2, 6-25-74; Ord. No. 2114, § 1, 6-24-75; Ord. No. 2250, § 1, 6-8-76; Ord. No. 2930, § 7, 5-19-81; Ord. No. 2975, § 2, 7-14-81; Ord. No. 3164, § 1, 4-12-83; Ord. No. 3705, § 11, 7-26-88; Ord. No. 5706, § 27, 10-22-24)