The general purposes of multi-family districts are to:

(a)

Maintain and enhance the multi-family neighborhoods.

(b)

Encourage quality and variety in building and landscape design as well as compatibility in use and form.

(c)

Allow semi-public and non-residential uses, where appropriate.

(d)

Establish appropriate standards for reviewing proposals for new development and redevelopment.

(e)

Ensure the provision of services and facilities needed to accommodate planned population densities.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

The specific purposes of the RM Residential Multi-family subdistricts are to create, maintain and enhance neighborhood residential areas with multi-family housing that are typically located near the city's major arterials and characterized by a mix of attached housing, small and large multi-unit buildings and community facilities, where appropriate. Future development will be primarily residential in character, although some small-scale public and non-residential uses on the ground floor in a mixed use building on an arterial street may be allowed with specific limitations. Four RM District subdistricts are established:

(a)

RMX Residential Mixed. This subdistrict is intended to create, maintain and enhance areas of the city that have a mix of lot sizes and house types at moderate intensities (one to three dwelling units). Existing multi-family buildings of four or more units are acknowledged but new construction is not permitted.

(b)

RM-2.0 Multi-family. This subdistrict is intended to provide for a medium density mix of residential housing predominantly duplexes and multi-family on lots that have already been platted. The scale of buildings is generally similar to a large single-family home on a small lot. Where land is assembled, the same scale should be maintained. The minimum land area for every dwelling unit is 2,000 square feet.

(c)

RM-1.2 Multi-family. This subdistrict is intended to provide for mixed residential uses at moderately high densities. This is an intense district with an urban character. The minimum land area for every dwelling unit is 1,200 square feet.

(d)

RM-0.7 Multi-family. This subdistrict is the most intense residential district and it will normally consist of tall multi-family or condominium structures. The character is intended to be urban and should be used where high intensity residential is needed to provide a residential base for important commercial areas. The minimum land area for every dwelling unit is 700 square feet.

FIGURES 1405-03-A-D The following illustrations represent examples of the multi-family districts in this chapter:

Figure 1405-03-A, B

Figure 1405-03-C, D

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 389-2008, eff. Dec. 19, 2008)

Three Connected Communities designations are established to enhance the base zoning district. The underlying zoning district and map overlays apply where not inconsistent with the development regulations below.

(a)

Neighborhood Business District 'B'. This district designation is intended for areas located within established neighborhood business districts. The neighborhood business district 'B' designation is subject to the following development regulations:

(1)

Two-family, three-family, and four-family uses are permitted, subject to the development regulations of the underlying zoning district, except as otherwise provided in subsections (a)(2)-(4).

(2)

Minimum lot-area-per-dwelling-unit regulations do not apply.

(3)

Two-family, three-family, and four-family uses shall comply with the minimum lot area regulations for single-family uses.

(4)

Parking:

(i)

No off-street parking is required for residential uses in a new building containing ten or fewer dwelling units.

(ii)

Residential uses in a new building with more than ten dwelling units require one-half space per additional dwelling unit over ten dwelling units.

(iii)

No off-street parking is required in a new commercial or mixed-use building if the building has 5,000 square feet or less of commercial space.

(iv)

The underlying zoning district parking requirements are reduced by one-half for commercial uses in a new commercial or mixed-use building if the building has more than 5,000 square feet of commercial space.

(v)

Additions to existing buildings are considered new construction for purposes of this section.

(vi)

Accessory surface parking facilities shall be located in the rear yard.

(b)

Middle Housing 'MH'. This district designation is intended for areas surrounding neighborhood business districts. The middle housing 'MH' designation is subject to the following development regulations:

(1)

Two-family, three-family, and four-family uses are permitted subject to the development regulations of the underlying zoning district, except as otherwise provided in subsections (b)(2)-(4).

(2)

Minimum lot-area-per-dwelling-unit regulations do not apply for two-family, three-family, and four-family uses.

(3)

Two-family, three-family, and four-family uses shall comply with the minimum lot area regulations for single-family uses.

(4)

Parking:

(i)

No off-street parking is required for residential uses in a new building containing ten or fewer dwelling units.

(ii)

Residential uses in a new building with more than ten dwelling units require one-half space per additional dwelling unit over ten dwelling units.

(iii)

No off-street parking is required in a new commercial or mixed-use building if the building has 5,000 square feet or less of commercial space.

(iv)

The underlying zoning district parking requirements are reduced by one-half for commercial uses in a new commercial or mixed-use building if the building has more than 5,000 square feet of commercial space.

(v)

Additions to existing buildings are considered new construction for purposes of this section.

(vi)

Accessory surface parking facilities shall be located in the rear yard.

(c)

Transportation Corridor 'T'. This district designation is intended for areas located along major transportation corridors. The transit corridor 'T' designation is subject to the following development regulations:

(1)

Two-family, three-family, and four-family uses are permitted subject to the development regulations in Section 1405-07, except as otherwise provided in subsections (c)(2)-(6).

(2)

Minimum lot-area-per-dwelling-unit regulations do not apply.

(3)

Two-family, three-family, and four-family uses shall comply with the minimum lot area regulations for single-family uses.

(4)

Minimum off-street parking regulations do not apply.

(5)

The height of new structures may exceed the maximum height of the underlying zoning district by an additional twelve feet.

(6)

Accessory surface parking facilities shall be located in the rear yard.

(d)

Design Standards. Two-family, three-family, and four-family dwellings located within a designated Connected Communities district shall comply with the design standards set forth below.

(1)

Entrance. At least one dwelling unit entrance shall be located on each street frontage.

(2)

Building Form. Building composition shall consist of a base, middle, and top component to reduce the apparent bulk of the building. The designs of new buildings shall avoid long unrelieved expanses of wall along the street frontage by maintaining a rhythm of windows and structural bays.

(i)

Buildings shall have a distinct base at the ground level, using articulation and materials such as stone, masonry, or decorative concrete.

(ii)

Buildings shall have a change in material and/or design that marks the transition from base component to middle component, and from middle component to top component.

(iii)

The top of the building shall be treated with a distinct outline with elements such as a projecting parapet, cornice, or projection.

(3)

If the Zoning Administrator determines a permit application does not conform to the requirements of Section 1405-04(d), the Zoning Board of Appeals has the duty to determine whether the application satisfies the standards set forth in this Chapter prior to the issuance of a building permit.

(Ordained by Emer. Ord. No. 199-2024, § 1, eff. 7-1-2024)

Schedule 1405-05 below prescribes the land use regulations for RM Districts. Use classifications are defined in Chapter 1401, Definitions. Use classifications not listed in Schedule 1405-05 below are prohibited.

The regulations for each subdistrict are established by letter designations as follows:

(a)

"P" designates permitted uses. These uses may be subject to additional regulations as indicated.

(b)

"L" designates uses that are permitted, subject to certain limitations. Numeric suffixes refer to limitations listed at the bottom of Schedule 1405-05. Except as otherwise indicated, modifications of a numerical, locational or dimensional limitation requires a variance under Chapter 1445 - Variances, Special Exceptions and Conditional Uses.

(c)

"C" designates uses permitted only after review and approval of the conditional use by the Zoning Hearing Examiner. These uses may be subject to additional regulations as indicated.

Schedule 1405-05: Use Regulations - Residential Multi-family Districts

Specific Limitations

L1

The minimum lot area for every resident is 500 square feet and the minimum living area for every resident is 250 square feet.

L2

Only rooming houses licensed pursuant to Chapter 855. Rooming Houses of the Municipal Code; the maximum number of rooming units is five, and a separate entrance for access to rooming units must be provided. The minimum rental is seven days. See § 1421-43.

L3

Multi-family dwellings of four or more units must be legally established prior to the effective date of this Zoning Code. The use has the rights of Chapter 1447, Nonconforming Uses and Structures except for the provisions of §1447-09 Expansion of Nonconforming Use and §1447-11 Substitution of a Nonconforming Use.

L4

Fencing, a minimum of four feet in height must be provided for purposes of securing outdoor play areas which must be located in the rear yard only.

L5

Not to exceed 3,000 square feet in gross floor area.

L6

Permitted only on arterial streets.

L7

Permitted on the ground floor occupying less than 2,500 sq. ft.; more space requires a conditional use approval.

L8

Accessory uses determined by the Zoning Administrator to be customarily incidental to a use of the district are permitted. All others require conditional use approval.

L9

Antenna height may not exceed 20 feet; greater height requires a conditional use approval. The antenna may be attached to a multi-family, public and semi-public or public utility building or structure.

L10

No more than two rooming units may be rented or leased in any dwelling.

L11

One commercial vehicle completely enclosed in a garage may be parked or stored on the lot with the following exceptions:

a.

An unlimited number of commercial vehicles conveying the necessary tools, materials and equipment to a premises where labor using such tools, materials and equipment is to be performed during actual time of parking.

b.

One commercial vehicle with current license owned by a resident of the residential property on which it is stored or parked not to exceed two tons in capacity.

c.

Recreational vehicles, watercraft and personal trailers may be parked on the lot beyond the front yard.

L12

Accessory to a public or semi-public use, provided the drive box is at least 100 feet from any property used for residential purposes.

L13

Limited to transitional housing conforming to Paragraph 1401-03-T(c)(5) as an accessory use to public and semi-public uses. The use requires conditional use approval.

L14

Limited to City Council designated Live/Work Districts.

L15

Permitted on the ground floor in multi-family buildings with a minimum of fifty dwelling units, occupying 1,200 square feet or less of gross floor area and having a separate exterior entrance: structures with less than fifty dwelling units require conditional use approval; food markets occupying more than 1,200 square feet of gross floor area require conditional use approval.

L16

Permitted only if accessory to a public or semi-public use.

L17

Permitted only when subordinate and incidental to a single-family dwelling that is the principal use of the lot.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 260-2005, eff. July 21, 2005; a. Ord. No. 0346-2007, § 4, eff. Oct. 13, 2007; a. Ord. No. 156-2008, § 1, eff. June 7, 2008; a. Ord. No. 414-2008, § 6, eff. Jan. 4, 2009; Ord. No. 409-2008, § 1, eff. Jan. 4, 2009; a. Ord. No. 302-2009, § 1, eff. Dec. 12, 2009; a. Ord. No. 038-2010, § 1, eff. March 18, 2010; Emer. Ord. No. 141-2015, § 9, eff. July 1, 2015; a. Ord. No. 112-2016, § 1, eff. June 4, 2016; a. Ord. No. 0281-2017, § 6, eff. Nov. 4, 2017; a. Ord. No. 251-2019, § 14, eff. July 26, 2019; a. Ord. No. 266-2023, §§ 6, 15, eff. Oct. 2, 2023; a. Emer. Ord. No. 199-2024, § 2, eff. 7-1-2024)

Schedule 1405-07 below prescribes the development regulations for the RM Districts, including lot area for every unit, minimum lot width, setbacks and maximum height. Figure 1405-07 illustrates the setbacks for the RM Districts. Where an overlay district applies, the provisions of that district take precedence if there is conflict with the standards of this Section.

Schedule 1405-07 Development Regulations - Residential Multi-family Districts

"Yes" means additional regulations apply.

¹ Additional 1-foot of setback for each 1-foot of building height above 35 feet.

² Additional 1-foot of setback for each five feet of building height above 35 feet.

³ Addition 0.5-foot of minimum side yard and 1-foot sum of side yard setback for each 1-foot of building height above 35 feet.

⁴ Additional 1-foot of minimum side yard and 2-foot sum of side yard setback for each five feet of building height above 35 feet.

Figure 1405-07 Minimum Setbacks for Multi-Family Buildings 35 ft. in Height

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 260-2005, eff. July 21, 2005; a. Emer. Ord. No. 199-2024, § 2, eff. 7-1-2024)

Truck docks, loading and service areas are not permitted within 50 feet of an adjoining property line and are not permitted to be used between 10 PM and 7 AM on weekdays and between 11 PM and 7 AM on weekends. The facilities must be located at the side of buildings or in the rear of the site and screened so as not to be visible from public streets. Where a building abuts the SF district, these facilities shall be located on the side away from the district boundary unless the applicant can show mitigating circumstances and/or measures that will protect the abutting SF district from adverse impacts from these facilities.

(Ordained by Ord. No. 241-2005, eff. July 21, 2005)