(a)

Purpose. The purpose of the Multi-Family Medium Density zoning district shall be to designate and establish areas within the City of Callaway which are deemed to be uniquely appropriate for the development and maintenance of medium density residential neighborhoods properly served by adequate community facilities and commercial service areas; to designate those uses and services deemed appropriate and proper for location and development within said zoning district; and to establish such development standards and provisions as are appropriate to ensure a proper and desirable medium density residential environment.

(b)

Permitted use. Land and buildings within a Multi-Family Medium Density zoning district shall be used for the following purposes:

(1)

Multi-family dwelling.

(2)

Publicly owned or operated building or use, including schools, libraries, museums, art galleries, community buildings, parks, playground, picnic areas, swimming pools or other recreational uses.

(3)

Public utility structure or station, including transmission lines, poles, guywires, pipelines as are necessary for the installation and maintenance of utility service.

(4)

Townhouses (i.e. duplexes and triplexes).

(5)

Recreational use for youths and for adults, operated and maintained by a not-for-profit organization and open to the general public.

(c)

Conditional uses. Conditional uses in the R-MFMD zoning district requiring approval by the City Commission are as follows:

(1)

Churches;

(2)

Freestanding wireless communication facilities;

(3)

Cemeteries;

(4)

Child day care center (Commercial);

(5)

Public or private schools;

(5)

Neighborhood community center as primary use;

(6)

Neighborhood-oriented commercial center;

(7)

Private clubs and lodges;

(8)

Medical clinic of hospital;

(9)

The following essential public facilities:

a.

Emergency communications towers and antennae*;

b.

Mental health facilities (excepting congregate care facilities and adult residential treatment facilities);

c.

Inpatient facilities including substance abuse facilities (including but not limited to intensive inpatient facilities, long term residential drug treatment facilities and recovery house facilities);

(10)

Group foster homes;

(11)

Motel or hotel; and

(12)

College or university.

* Emergency communication towers and antennae and wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore that both uses are subject to provisions for wireless communications facilities as outlined elsewhere in this Code.

(d)

Bulk regulations. Density regulations in the R-MFMD zone district are as follows:

(1)

Site area. All residential developments must meet the following density requirements:

a.

Minimum: 7 dwelling units per acre

b.

Maximum: 8.99 dwelling units per acre

(2)

Density Calculation. The calculation of the density requirements shall be based on the portion of the site devoted to residential and associated uses (e.g. dwelling units, private community clubs, open space, stormwater detention, treatment or infiltration). Land that is required to be dedicated for public use as open space or right-of-way, or land that is to be used for private roads, shall be excluded from density calculations.

(3)

Lot coverage. Maximum lot coverage for all buildings shall be fifty (50) percent of the total area of the lot.

(4)

Structure height. Maximum structure height shall be fifty feet or five stories, whichever is less. Rooftop heating and cooling units shall be allowed if the height exceeds fifty feet as long as the structure is five stories or less.

(5)

Setbacks.

a.

Front: ten feet minimum from frontage property line;

b.

Side: five feet minimum from property line;

c.

Rear: five feet minimum from property line;

d.

Where any structures or portions of structures are adjacent to any single-family residential zoning district, the minimum setback shall be twenty feet.

e.

Where structures are constructed over one story, the setback from the adjacent property line or lines shall be increased by five feet for every story above the ground level story of the proposed new building, and shall be completely screened from view in accordance with buffering requirements.

(6)

Open space/park (or play) area. For all R-MFMD developments, a minimum of fifteen (15) percent of the gross site area shall be set aside and utilized as open space/park (or play) area for use and enjoyment of future residents. Such open space/park area shall at a minimum meet the following standards:

a.

For the purpose of calculation of the open space/park area requirement, the open space/park area shall be separate and distinct from required yards, setbacks and landscaped areas, but may include areas of native vegetation that are allowed to fulfill the landscaping requirements of the Code. Open space/park areas may also include wetlands and their buffers, other critical areas and stormwater facilities that are designed for active or passive recreation opportunities in accordance with the Code.

b.

All open space/park areas must include any two or more facilities for passive recreation from the lists below. For open space/park areas within residential developments, at least one of the required recreation facilities must be from the list of active recreation facilities, provided however that no active recreation facilities shall be placed in any area designated as a collection area for stormwater:

Active Recreation Facilities:

1.

Children's play equipment, such as slides, swings and play structures.

2.

A paved hard court for activities such as basketball, tennis, etc.

3.

A flat, open lawn area that may serve as a ball field for active play.

Passive Recreation Facilities:

1.

Facilities for walking, such as trails, benches, etc.

2.

Picnicking facilities, such as picnic tables, shelters, etc.

3.

Year-round water features such as a fountain, pond, stream, etc. These water features may be incorporated as part of a stormwater facility designed in accordance with the LDR.

c.

The open space/park shall have convenient access for residents or employees of the development and shall be consolidated to provide maximum access, visibility, usability, minimization of impacts to residential uses and ease of maintenance by the Developer. The requirement that the open space/park area be consolidated may be waived by the Director of Planning upon a finding that the residents of the development would receive a greater benefit if the required open space/park area were provided in another configuration due to the unique topographic conditions or fish and wildlife habitat values of the site.

d.

Except where removal is required to meet active recreation requirements in this chapter, existing trees and significant vegetation shall be retained in open space/park areas unless an alternate landscaping plan for such areas is required or approved by the development review committee.

e.

Open space/park areas shall be held in single ownership where such ownership assumes full responsibility for maintenance and operation, or held in common ownership by all of the owners in the development area through an owner's association or similar organization. The City, as a condition of approval, may choose to accept dedication or the maintenance and operation responsibilities for the area, when the area to be dedicated is one or more of the following:

1.

Greater than 5 acres;

2.

Adjacent to an established or future City park or school grounds; or

3.

Includes access to a body of water, wetland, important fish or wildlife habitat, or other environmentally sensitive area.

(7)

Screening and buffering requirements. Buffering should be provided between this zoning district and areas in any other zoning district. Buffering may be equally shared between the abutting commercial and residential subdivision developments, unless one of the uses has been previously developed with an existing buffer or has on file a valid Development Order referencing buffering requirements of a nonconforming nature. Buffering measures will be provided as outlined in Section 15.710.3 of the Land Development Regulations.

(8)

Intent. The intent of the Multi-Family Medium Density zoning district is to:

a.

Provide for a high standard of development for low density multi-family residential areas that may include single lot duplexes, townhomes and triplexes, and low density apartments;

b.

Provide designated areas in which a minimum net density of 7 units per acre and a maximum density of 8.99 units per acre apply to promote the efficient use of land and promote mass transit opportunities;

c.

Guide medium density residential development in such a manner as to encourage an plan for the availability of public services and community facilities such as utilities, police and fire protection, streets, public transit, schools and parks and recreation.

d.

Encourage development of attractive residential areas that provide a sense of community and establish a pedestrian-friendly atmosphere.

(9)

Accessory Uses. Accessory uses in the R-MFMD district are as follows:

a.

Storage sheds, toolsheds, greenhouses;

b.

Private parking garages or carports;

c.

Homes occupations, as approved by the Director of Planning;

d.

Noncommercial recreational structures which could include but are not limited to swimming pools and recreational ball courts;

e.

Energy systems;

f.

Accessory dwelling unit, where there is an existing single family dwelling unit which was legally established prior to December 12, 1992;

g.

Boarding houses and rooming houses;

h.

Neighborhood community center;

i.

Accessory wireless communication antenna.*

* Emergency communication towers and antennae and wireless communication facilities are subject to Federal Aviation Administration (FAA) standards and approval, and furthermore that both uses are subject to provisions for wireless communications facilities as outlined elsewhere in this Code.

(Ord. No. 1066, § 2, 10-25-22)