Byrnes Mill City Zoning Code
ARTICLE X
"R-3" Multiple-Family District 1
Section 400.210 Purpose.
[Ord. No. 878-17 § 1, 7-19-2017]
The intent of this Article is to provide an alternative residential zone to zones "R-1" and "R-2" in order to permit flexibility in building types and arrangements that would not be possible in "R-1" and "R-2"; encourage a creative approach to the use of land and related physical facilities that results in better development and design to preserve existing site topography, major tree cover and natural water features on and adjacent to the development to the extent reasonably possible; and contribute to the City's urban design, with particular attention to abutting neighborhoods and roadway systems under conditions of approved site and development plans.
Section 400.220 Uses.
[Ord. No. 878-17 § 1, 7-19-2017]
A.
Permitted Uses.
1.
Multiple-family dwellings: apartments, condominiums, townhouses, townhouse apartments, and duplexes with not more than:
a.
Four (4) dwelling units per building for one-story buildings.
b.
Eight (8) dwelling units per building for two-story buildings.
c.
One-family row dwellings with not more than eight (8) dwelling units in one (1) building (townhouses).
d.
No more than three (3) unrelated persons may occupy a multifamily dwelling unit.
3.
Parks and playgrounds.
4.
Schools: public, private, kindergarten and elementary. Schools must be on a site of at least three (3) acres.
B.
Special Uses.
1.
Villas (See villa regulations as permitted in "R-1" and "R-2").
2.
Day-Care Centers. A day-care center must be on a site of at least two (2) acres.
NOTE: In-home day care, if permitted by dwelling management or indentures in resident-owned condominiums and townhouses, shall contain no more than four (4) unrelated children. "Related" is defined as any of the following relationships by marriage, blood, or adoption between the provider and the children in care: parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew, or first cousin.
3.
Nursing Homes. Nursing homes, assisted living facilities and life care facilities:
a.
Shall be on a site of at least five (5) acres.
b.
The density of development for apartment-type units within an assisted care facility or life care facility shall not exceed twenty (20) dwelling units per acre.
c.
Life care facilities shall be primarily residential in character; however, convalescent and nursing homes, centralized eating facilities, medical facilities and similar uses associated with the care of patients may be included.
C.
Accessory uses: structures for the use of the residents of the development only.
1.
Clubhouses.
2.
Swimming pools (in-ground).
3.
Pool houses.
4.
Motor vehicle parking areas.
5.
Parking garages and carports for resident use. Every carport or garage shall provide a minimum interior space ten (10) feet wide by twenty (20) feet long for each motor vehicle stored or intended to be stored.
Section 400.230 Density Of Development And Related Area Requirements.
[Ord. No. 878-17 § 1, 7-19-2017]
B.
Lot Area And Building Requirements.
1.
Lot Width. All multifamily dwellings and row dwellings shall provide a lot width at the front building line of not less than one hundred (100) feet.
2.
Building Height. All multifamily dwellings and row dwellings shall not exceed thirty-five (35) feet.
4.
Encroachments.
a.
Eaves, cornices or other structures or architectural features shall be permitted to project into a required setback no more than sixteen (16) inches: does not include guttering.
b.
Chimneys shall be permitted to project no more than two (2) feet from an exterior building wall.
c.
Open, unenclosed porches, platforms, or landings not covered by a roof shall be permitted to extend no more than six (6) feet into the required front or rear setback, provided said porch, platform, or landing is no more than six (6) feet above grade at any point from the principal structure.
d.
Terraces or decks may extend ten (10) feet from the principal structure into the rear yard.
e.
Terraces or decks not more than three (3) feet above grade may project into a side yard but not closer than five (5) feet to the adjacent lot line unless otherwise defined; any extension or projection shall be measured from that spot on the principal building from which it extends or projects.
f.
Windows shall be permitted to project into a required setback no more than six (6) inches. Cantilevered interior space such as bay windows are not to exceed thirty-six (36) inches into the yard.
g.
Air-conditioning units shall be installed against the foundation wall or as close as possible to the foundation as approved by the City.
C.
Percentage Of Lot Coverage. The maximum lot coverage by buildings or structures shall not exceed thirty percent (30%) of the lot area.
D.
Dwelling Standards: minimum of one thousand two hundred (1,200) square feet per dwelling unit.
E.
Off-Street Parking.
1.
Two (2) off-street parking spaces shall be provided for each dwelling unit. (Reference Article XVIII, Off Street Parking And Loading Requirements.)
2.
In addition, four (4) parking spaces must be provided per building to accommodate occasional overflow (guest parking).
3.
Parking areas, including driveways, shall be paved.
4.
No parking of commercial trucks or vehicles will be permitted except for making necessary deliveries.
Section 400.240 General Development Requirements.
[Ord. No. 878-17 § 1, 7-19-2017]
A.
Water and sanitary sewers are required and shall be in accordance with standards no less than the provisions required by the ordinances of the City of Byrnes Mill.
B.
Sidewalks are required and shall be in accordance with all existing requirements and codes of the City of Byrnes Mill.
C.
Streetlights shall be required and begin at the development entrance and be spaced no more than every four hundred (400) feet and within the lighting codes for the City of Byrnes Mill.
D.
Acceptable provisions shall be made to provide for traffic control for entrance to and exit from said development.
Section 400.270 Landscaping And Buffer Requirements.
[Ord. No. 878-17 § 1, 7-19-2017]
A.
Any part of a lot area not used for buildings or other structures or for parking or accessways shall be landscaped with grass, ground cover, trees, shrubs, and pedestrian walks in accordance with the following minimum requirements:
1.
Minimum caliper for deciduous trees: two (2) inches.
2.
Minimum height for coniferous trees: six (6) feet.
3.
Tree mix: minimum of forty percent (40%) of one (1) species.
4.
Distribution: one (1) tree per ten (10) parking spaces with seventy-five percent (75%) of those trees within the parking area. Trees within the parking area must be surrounded by a permeable surface.
5.
One (1) foundation plant (shrub or bush) per twenty (20) feet of street-exposed wall area.
6.
Twenty percent (20%) of the mature, medium to large size deciduous shade trees located in areas subject to development shall be retained in new developments where less than fifty percent (50%) of the plot is wooded. Forty percent (40%) of the mature medium to large size deciduous shade trees located in areas subject to development shall be retained in new developments where fifty percent (50%) or more of the plot is wooded. The retained trees shall be indicated on the landscape plan.