The regulations set forth in this article, or set forth elsewhere in this chapter when referred to in this article, are the R-3 multifamily residence district regulations. The permissible uses hereinafter designated in this article are subject to the special use provisions of article XI of this chapter.

(Code 1978, § 5-5-1; Code 1997, § 98-95; Ord. No. 08-06-12, § 3, 6-17-2008)

A building or premises shall be used only for the following purposes:

(1)

Any use permitted in the R-1 residence district or the R-2 limited multifamily residence district regulations except single-family dwellings;

(2)

Two-family dwellings;

(3)

Rowhouses, townhouses or garden-type homes;

(4)

Multiple-family dwellings;

(5)

Boardinghouses and lodginghouses;

(6)

Fraternities, sororities, private clubs and lodges, except those for which the chief activity is a service customarily carried on as a business;

(7)

Hospitals, except animal, criminal or mental;

(8)

Accessory buildings, subject to section 56-366;

(9)

Parking for uses allowed in the R-3 district and subject to the provisions of article XII of this chapter;

(10)

Signs, limited to advertising premises for sale or for rent;

(11)

Multigarages shall be allowed which shall not exceed one individual parking stall per living unit. The size limit on such stall shall be no less than nine feet by 18 feet and shall be no greater than 12 feet by 22 feet;

(12)

Home occupations, subject to the restrictions provided under the definition of home occupations in section 56-370.

(Code 1978, § 5-5-2; Code 1997, § 98-96; Ord. No. 02-11-19, § 5, 11-4-2002; Ord. No. 10-05-05, § 3, 1-19-2010)

No building height shall exceed three stories nor shall it exceed 40 feet in height, except as provided in section 56-368.

(Code 1978, § 5-5-3; Code 1997, § 98-97)

(a)

Front yard. The following shall be the area regulations for the R-3 district for front yards:

(1)

There shall be a front yard having a depth of not less than 20 feet; provided however, that where lots comprising 40 percent or more of the frontage between two streets are developed with building lines, the minimum front yard shall be the area of such existing front yards but in no case be greater than 30 feet.

(2)

Where lots have a double frontage, the required front yard shall be provided on both streets.

(3)

On a corner lot, there shall be a front yard on each street side of such lot, except that the front yard on the side street may be reduced in depth to the extent necessary to permit a buildable width on the lot of 40 feet; provided the depth of the yard shall not be reduced to less than 15 feet.

(4)

A staggered building line may be established in a subdivision of six or more lots, providing any staggered setback returns to the established setback in any contiguous subdivision which is not under the same ownership as that where a staggered building setback line has been used.

(b)

Side yard. The following shall be the area regulations for the R-3 district for side yards:

(1)

There shall be a side yard on each side of the lot of not less than five feet and a combined total of side yards of not less than 20 feet.

(2)

There shall be a side yard of not less than ten feet in width when same is used as a side drive.

(3)

There shall be a green strip of no less than five feet in width running laterally and adjacent to the building where there is an exit from the building to a driveway area which runs parallel and laterally to the building. Further, there shall be required a curbline on the driveway line running parallel to the building and closest to the building.

(c)

Rear yard. Except as hereinafter provided in section 56-368, there shall be a rear yard having a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever amount is smaller.

(Code 1978, § 5-5-4; Code 1997, § 98-98)

(a)

Density. Except as provided in section 56-368, every dwelling hereafter erected, enlarged, relocated or reconstructed shall be located upon lots containing the following areas:

(1)

A lot on which there is erected a two-family dwelling shall have an area of not less than 3,000 square feet per family unit and not less than 50 lineal feet of width at the building line.

(2)

A lot on which there is erected a multiple-dwelling unit shall contain an area of not less than 1,100 square feet per dwelling unit on which the multiple-dwelling unit is to be situated, but in no case shall the combined floor area of all dwelling units exceed the total lot area of the lot or parcel of ground on which the dwelling is erected, except that this regulation shall not apply to dormitories, fraternities or sororities where no cooking is done in individual rooms or apartments, and not less than 50 lineal feet of width at the building line.

(3)

A corner lot in this district shall be at least 60 feet wide.

(b)

Lot coverage. Not more than 40 percent of the area of the lot may be covered by buildings.

(c)

Minimum square footage. Each apartment unit in the R-3 multifamily residence district must meet the following minimum square footages of floor area. Measurements are exclusive of halls, stairways or other common areas:

(Code 1978, § 5-5-5; Code 1997, § 98-99)

No conversion of a single-family dwelling into apartments shall be permitted in this district.

(Code 1978, § 5-5-6; Code 1997, § 98-100)