Butler City Zoning Code
ARTICLE VII
R-3 High-Density Residential District
§ 260-29 Permitted uses.
In the R-3 District, the land and structures may be used and structures may be erected, altered, enlarged and maintained for the following uses only:
A.
Single-family detached dwellings.
B.
Two-family dwellings.
C.
Multiple dwelling buildings.
D.
Conversion of a single-family residence existing prior to the adoption of this chapter to two or more dwelling units, provided that all requirements of § 260-132D(4) are complied with.
§ 260-30 Accessory uses.
Accessory uses in the R-3 District shall shall be as follows:
A.
Home occupations, no on-site customer service.
[Amended 11-21-2013 by Ord. No. 1679]
B.
Accessory buildings such as tool and garden sheds and private garages detached from the main building and used by the residents thereof and parking areas. Sheds shall be limited to one shed per 3,000 square feet of lot area, with a maximum of two sheds per lot. All sheds must be placed in the side or rear yard only, and placement of a shed in the front yard is prohibited.
[Amended 11-20-2008 by Ord. No. 1610]
D.
Coin-operated amusement devices, but only within premises that contain neighborhood commercial activities listed in § 260-31G(1) through (8), provided that devices are incidental to the principal use of the premises, that not more than three devices are installed and that the area occupied by the devices and required additional floor area and aisles (See definition of "coin-operated/pay-for-play amusement device" in § 260-7.) is devoted exclusively for patrons operating the devices and does not interfere with other activities on the premises. A floor plan drawn to scale showing the location of the proposed devices in relation to adjacent walls and exits and to one another shall be presented to the City Engineer before action leading to approval may commence.
§ 260-31 Conditional uses.
[Amended 11-21-2013 by Ord. No. 1679]
Conditional uses in the R-3 District shall be as follows:
A.
Hospitals, clinics, medical arts buildings and sanitariums, subject to the conditions of Article XVI.
B.
Traditional neighborhood development, subject to the standards, conditions and requirements of Article XV.
C.
Public recreation facilities.
D.
Libraries and firehouses.
E.
Municipal and public utility service buildings, structures and facilities.
F.
Row dwellings or row houses, in one ownership or each on its own lot, not exceeding six units in length and in conformance with the following provisions:
G.
Neighborhood commercial activities, limited to the following, provided that the use fronts on a collector or arterial street and is so located in relation to the nearest commercial activity as not to generate traffic congestion:
(1)
Retail stores serving the neighborhood, including the sale of food, drugs, clothing, flowers, notions, hardware, confections, books, magazines, newspapers, stationery and secondary small household articles.
(2)
Banks, savings and loan and commercial loan establishments, except drive-in facilities.
(3)
Service shops such as barber and beauty shops, tailor, shoemaker, laundry and laundromat, dry cleaning and laundry pickup station and dressmaking.
(4)
Professional offices, including real estate sales.
(5)
Restaurants and bars, provided that there is no dancing or floor show or other live entertainment and no drive-in facilities.
(6)
Repairs of electrical or other minor household appliances, radios, shoes, timepieces, etc., but limited to items that can be carried in by an individual.
(7)
Signs flush with a building wall surface and not exceeding 30 square feet in area, and, if illuminated, lighted by a source hidden from direct view.
(8)
Commercial activities similar to any principal permitted use above but not specifically listed.
H.
Schools, public, private and parochial, kindergarten through grade 12.
I.
Churches, religious and nonprofit philanthropic institutions.
J.
Personal care homes.
K.
Home occupations with on-site customer service.
L.
Bed-and-breakfasts.
M.
Townhouses, provided that the following conditions are met in addition to those that normally apply in the zone district:
(1)
The lot area shall be not less than 6,000 square feet and shall front on a street with a paved width of at least 22 feet.
(2)
There shall be not more than one dwelling unit per 3,000 square feet of lot area, and fractions thereof shall not be considered.
(3)
Dwelling units may be sold only if every dwelling unit in the building containing the townhouses occupies a lot abutting the principal street adjacent to the property and has a lot width of at least 20 feet.
(4)
Off-street parking areas serving more than two dwelling units shall be set back at least 20 feet from any front lot line and screened from adjacent residential properties by a low evergreen hedge or fence where such parking is within 15 feet of an adjacent residential property.
N.
Convenience stores.
O.
Rental halls.
§ 260-32 Special exceptions.
[Amended 11-21-2013 by Ord. No. 1679]
Uses permitted by special exception in the R-3 District shall be as follows:
§ 260-33 Lot and yard requirements.
A.
Minimum lot area shall be as follows:
(1)
Single-family dwelling: 4,000 square feet.
[Amended 11-21-2013 by Ord. No. 1679]
(2)
Two-family dwelling: 4,000 square feet.
[Amended 11-21-2013 by Ord. No. 1679]
(3)
Multiple dwelling building: 6,000 square feet.
(4)
Row dwelling: 1,800 square feet per dwelling unit.
(5)
Each dwelling unit more than three: additional 500 square feet per dwelling unit.
(6)
Each dwelling unit including only efficiency and one bedroom apartments: additional 350 square feet per dwelling unit.
(7)
Other permitted uses: 5,000 square feet.
C.
Yard regulations.
(1)
Minimum yard dimensions shall be as follows:
(a)
Front yard: 20 feet.
(c)
Side yard, interior lot: both sides, 12 feet or one side, four feet.
(d)
Side yard, corner lot: yard abutting a street, 10 feet and the opposite side yard four feet.
(e)
Side yard, row dwelling group: each side, eight feet except that it shall be 10 feet when the yard abuts a street.
(f)
Side yard, neighborhood commercial: both sides 20 feet; one side eight feet.
(2)
For each building over three stories in height, the front yard shall be increased three feet for each additional story, the total side yard shall be increased by two feet for each additional story over three and the rear yard shall be increased two feet for each story over three.
(3)
Subject to the duty to maintain safe site distances for pedestrian and vehicular traffic, sheds may be placed within the applicable setbacks from property lines without violating this chapter.
[Added 11-20-2008 by Ord. No. 1610]
§ 260-34 Maximum building height.
No building shall exceed a height of 80 feet.
§ 260-35 Building coverage.
[Amended 11-20-2008 by Ord. No. 1610; 11-21-2013 by Ord. No. 1679]
The building area shall not exceed 45% of the lot area. Sheds shall not be counted when determining building area coverage. All accessory structures having floor space in excess of 144 square feet in area shall be counted when determining the building area coverage.
§ 260-36 Off-street parking.
Off-street parking shall be in accordance with the provisions of Article XVIII.
§ 260-37 Buffer area for commercial uses.
The side lot lines between the front setback line and rear lot line and the rear lot line of a property used or developed for commercial purposes directly abutting a residential property shall be planted with a dense evergreen hedge at least six feet high within three years of planting or a solid wall at least six feet high.