Clayton City Zoning Code
ARTICLE XVII
"R-6" Medium Density Multiple-Family Dwelling District
Section 405.2480 Purpose Statement
[Ord. No. 5814 §1(19.1), 4-27-2004]
The "R-6" Medium Density Multiple-Family Dwelling District (hereinafter known in this Article as the "R-6" District) is intended to allow single-family, two-family and low, mid-level and medium density multi-family dwellings. This district also allows for non-residential land uses, which provide services to the residential district on a conditional use permit basis.
Section 405.2490 Permitted Uses
[Ord. No. 5814 §1(19.2), 4-27-2004]
The uses permitted by right and by conditional use permit are listed in the Table of Permitted Uses found at the end of this Article. If a "P" (permitted by right) or a "C" (permitted by conditional use permit) is not indicated for a use in this table or a use is not included on the table, it is prohibited.
Section 405.2500 Maximum Building Height
[Ord. No. 5814 §1(19.3), 4-27-2004]
The maximum building height in the "R-6" District is three (3) stories or forty-five (45) feet above grade, whichever is less. Partial stories under sloping roofs shall be permitted provided the limit in feet is not exceeded. Accessory structures may not exceed twenty (20) feet in height.
Section 405.2510 Exceptions To The Maximum Building Height
[Ord. No. 5814 §1(19.4), 4-27-2004]
Multiple-family buildings may exceed the maximum height restriction of three (3) stories or forty-five (45) feet above grade provided that the front, rear and side yard setbacks are all increased by one (1) foot beyond the required setbacks per each two (2) feet of additional building height to a maximum of sixty (60) feet front yard, seventy (70) feet rear yard and fifty (50) feet for side yard.
Section 405.2520 Minimum Lot Width
[Ord. No. 5814 §1(19.5), 4-27-2004; Ord. No. 6509, 11-28-2017]
Section 405.2530 Minimum Lot Area
[Ord. No. 5814 §1(19.6), 4-27-2004; Ord. No. 6509, 11-28-2017]
A.
The minimum lot area in the "R-6" District shall be five thousand (5,000) square feet and the following minimum lot areas shall be provided for each dwelling unit:
Section 405.2540 Exceptions To The Minimum Lot Width and Area
[Ord. No. 5814 §1(19.7), 4-27-2004]
Where a lot of record established prior to April 14, 1959, has less width or area than herein required in the district in which it is located, such lot shall be considered a conforming lot.
Section 405.2550 Impervious Coverage
[Ord. No. 5814 §1(19.8), 4-27-2004]
A.
No more than forty-five percent (45%) of the required front yard setback may be covered by impervious material. No more than fifty-five percent (55%) of the total lot may be covered by impervious material. Properties located within an urban design district must comply with the requirements for the specific urban design district.
B.
In instances where an applicant can demonstrate just cause, the Plan Commission shall have the authority to approve a modification of up to an additional five percent (5%) over the impervious coverage requirement; that is up to fifty percent (50%) in the front yard and up to sixty percent (60%) overall lot coverage; unless the property is located within an urban design district, then the requirements found therein shall apply.
Section 405.2560 Setback Requirements
[Ord. No. 5814 §1(19.9), 4-27-2004]
A.
The following are setback requirements for a principal building located in an "R-6" District and modifications to those requirements when certain conditions exist.
1.
Front yard setbacks. The required setback in an "R-6" District is measured by calculating twenty percent (20%) of the depth of the lot measured from the front to the rear property line. The calculated setback must be a minimum of thirty (30) feet from the front building facade to the front property line. The front yard setback is not required to exceed a maximum of sixty (60) feet, although these regulations do not preclude a deeper than maximum setback at the discretion of the property owner. Modifications to the required front yard setback are permitted under the following conditions:
a.
Where fifty percent (50%) or more of the frontage along any block face is improved with buildings that have observed a front yard line with a variation in depth of not more than ten (10) feet, the average of such front yard lines shall be the minimum setback observed in such a block face in lieu of the required front yard setback requirements. For example, when calculating the average setback for a block face with ten (10) homes, where nine (9) homes have setbacks ranging from twenty-five (25) feet to thirty-five (35) feet and the remaining home has a forty (40) foot setback, the home with the forty (40) foot setback is not included in the calculation for the average. No front yard shall be required to exceed the maximum of one hundred (100) feet.
b.
Where lots have double frontages or are corner lots, the required front yard setback provisions shall be provided on all streets.
c.
If at or below the first (1st) floor level of the principal structure, an open, uncovered porch may project into a required front yard a distance of up to ten (10) feet, or an open, covered porch or paved terrace may project into a required front yard a distance of up to five (5) feet and associated roof eaves may project up to an additional three (3) feet.
d.
Balconies may project up to five (5) feet into the required front yard setback.
e.
Front yard masonry garden walls, planting boxes, retaining walls, plantings or ornamental or decorative fences may be erected as part of new construction, up to four (4) feet above the grade level in the front yard, provided such structure is an integral part of the architectural feature of the principal structure, is in compliance with sight distance standards and is approved by the Architectural Review Board. Additionally, for properties located on a corner lot, no such plantings, masonry garden walls, planting boxes, retaining walls or ornamental or decorative fences shall be maintained higher than three and one-half (3½) feet above the established street grades within twenty (20) feet of any street intersection to comply with sight distance standards.
f.
Roof eaves may project up to three (3) feet into the required front yard setback.
g.
Windowsills, bay windows, belt courses and similar architectural features, as well as rain leaders and chimneys, may project up to two (2) feet into the required front yard setback.
h.
Any accessory building that is not a part of the principal structure shall be located not less than sixty (60) feet from the front lot line.
i.
Lots in excess of fifteen thousand (15,000) square feet and having one hundred (100) lineal feet of frontage or more may install two (2) drive approaches to accommodate a turnaround with the written approval from the Director of Public Works and subject to Architectural Review Board approval (all other lots shall be limited to one (1) drive approach).
j.
Basements and parking facilities that are completely underground may encroach into the front yard setback but may not transverse the property line.
2.
Rear yard setbacks. The required setback in an "R-6" District is measured by calculating twenty percent (20%) of the depth of the lot measured from the front to the rear property line. The calculated setback must be a minimum of thirty (30) feet from the rear property line to the closest rear wall of the principal structure. The rear yard setback is not required to exceed a maximum of fifty (50) feet, although these regulations do not preclude a deeper than maximum setback at the discretion of the property owner. Modifications to the required rear yard setback are permitted under the following conditions:
a.
Open, uncovered porches, patios and above ground decks may project no more than twelve (12) feet into a required rear yard, provided the floor level of any such structure is at or below the level of the first (1st) floor of the building. Balconies may project into the required rear yard a maximum distance of five (5) feet.
b.
Where a corner lot exists and thereby two (2) front yards, the property line opposite to the front yard line with the greater street frontage shall be considered the side yard and the property line opposite to the front yard line with the lesser street frontage shall be considered the rear yard.
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c.
One (1) or more accessory buildings may be located in the rear yard. However, the combined footprint may not occupy more than thirty-five percent (35%) of the required rear yard area and no accessory building shall be closer than ten (10) feet to the principal building nor closer than five (5) feet to any rear property line. Additionally, accessory buildings may not exceed twenty (20) feet in height.
d.
Outside stairways, deck stairs, tower balconies and fire escapes may project up to four (4) feet into the required rear yard setback.
e.
Roof eaves may project up to three (3) feet into the required rear yard setback.
f.
Windowsills, bay windows, belt courses and similar architectural features, as well as rain leaders and chimneys, may project up to two (2) feet into the required rear yard setback.
g.
Basements and parking facilities that are completely underground may encroach into the rear yard setback but may not transverse the property line.
3.
Side yard setbacks. The required setback in an "R-6" District is measured by calculating ten percent (10%) of the width of the total lot. The calculated setback must be a minimum of eight (8) feet up to a maximum of twenty (20) feet, although these regulations do not preclude a wider than maximum setback at the discretion of the property owner. Modifications to the required side yard setback are permitted under the following conditions:
[Ord. No. 6509, 11-28-2017]
a.
For the purposes of side yard regulations, a multi-family dwelling shall be considered as one (1) building occupying one (1) lot.
b.
Townhouse dwellings may be constructed on multiple lots (fee simple) or on one (1) lot (condominium) with a party wall connecting the units and, in such cases, each individual lot shall meet the minimum lot width and lot area requirements provided in this Article, but the side yard requirement at the common wall between units shall not apply.
c.
Where a lot of record at the time of the effective date of this Chapter is less than the minimum required width, the required side yard may be reduced to less than the required ten percent (10%) of the width of the lot, provided, however, that no side yard shall be less than five (5) feet from the structure to the side property line.
d.
On a corner lot, the side yard facing the street shall be set back in conformance with the required front yard on that street; provided, however, that the buildable width of such lot shall not be reduced to less than thirty-five (35) feet.
e.
No accessory building shall be closer than ten (10) feet to the principal building nor closer than five (5) feet to any side property line.
f.
An unenclosed porte-cochere or canopy may project into a required side yard but may not encroach further than five (5) feet from the side property line.
g.
Outside stairways, tower balconies or fire escapes may project up to four (4) feet into the required side yard setback.
h.
Roof eaves may project up to three (3) feet into the required side yard setback.
i.
Windowsills, bay windows, balconies, belt courses and similar architectural features, as well as rain leaders and chimneys, may project up to two (2) feet into the required side yard setback.
j.
Basements and parking facilities that are completely underground may encroach into the side yard setback but may not transverse the property line.
Section 405.2570 General Non-Conformance With The Setback Provisions
[Ord. No. 5814 §1(19.10), 4-27-2004]
Those parts of existing building that violate yard regulations may be repaired and remodeled but not reconstructed structurally altered.
Section 405.2580 Off-Street Parking
[Ord. No. 5814 §1(19.11), 4-27-2004; Ord. No. 6333 §1, 8-26-2014]
No off-street parking facilities will be allowed within required front and side yard areas except as provided by a conditional use permit. For other applicable regulations regarding off-street parking, see Article XXV, Off-Street Parking and Loading Regulations, of this Chapter.
Section 405.2590 Resubdivision of Lots
[Ord. No. 5814 §1(19.12), 4-27-2004]
No existing lot of record in the "R-6" District shall be resubdivided unless the resubdivided lots conform to the area and frontage requirements of the "R-6" District and in addition be consistent with the lots located in the immediate neighborhood with regard to size, frontage and arrangement so as to provide an orderly pattern of development. No flag lot(s) shall be created as a result of any resubdivision.
Section 405.2600 Compliance With Other Plans or Regulations
[Ord. No. 5814 §1(19.13), 4-27-2004]
Any development proposed within the "R-6" Zoning District shall be reviewed for compliance with other plans and/or regulations of the City of Clayton. Compliance with other plans and/or regulations shall include, but not be limited to, the master plan, overlay district regulations, urban design district regulations, any other land use plan or relevant standards and guidelines to the specific site which have been accepted or adopted by the Board of Aldermen.
Section 405.2610 Permitted Uses For The "R-6" Zoning District
[Ord. No. 5814 §1(19.14), 4-27-2004; Ord. No. 6010 §3, 1-22-2008; Ord. No. 6067 §2, 4-14-2009; Ord. No. 6191 §3, 2-28-2012]
PERMITTED USES FOR THE "R-6" ZONING DISTRICT | "R-6" |
|---|---|
Accessory buildings and uses customarily incidental to permitted uses not involving the conduct of business, including a private garage. | P |
Amateur radio, home antennas and associated equipment (subject to Article XXVI). | P |
Group homes for the physically and/or mentally handicap, provided that 8 or fewer unrelated persons may reside therein and further provided that no more than 2 additional persons acting as house parents or guardians, who need not be related to one another or any of the residents, may also reside therein, and provided further, however, that the maximum occupancy limitations for the structure as established by the Property Maintenance Code and Fire Code, if applicable, adopted by the City and as amended and in force at the time of approval of occupancy, may not be exceeded. No group care home shall be permitted within 500 feet from any existing group care home. | P |
P | |
Parks and playgrounds. | P |
Places of religious worship, but no new or enlarged place of religious worship shall be located upon a lot or tract containing less than 1 acre. Places of religious worship may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least 1 foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built. | P |
Residential — single-family dwelling unit 5,000 square feet minimum lot area per dwelling unit. | P |
Residential — Townhouse dwellings (condominium lots) 1,974 square feet minimum lot area per dwelling unit (subject to Section 405.280). [Ord. No. 6509, 11-28-2017] | P |
Residential — Townhouse dwellings (fee simple lots) 1,974 square feet minimum lot area per dwelling unit (subject to Section 405.280). [Ord. No. 6509, 11-28-2017] | P |
Residential — two-family dwellings 2,500 square feet minimum lot area per dwelling unit. | P |
Residential — multi-family dwellings 1,000 square feet minimum lot area per dwelling unit. | P |
Church spires, belfries, monuments, ornamental towers and spires and chimneys exceeding the maximum height in the zoning district may be erected to such height authorized by the Board of Aldermen of the City by conditional use permit or general ordinance. | C |
Colleges and universities, provided that buildings shall not occupy more than 1/3 of the area site and the height, location and use of such buildings will not have a serious and depreciating effect on any adjacent residential property. Public buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 110 feet if the building is set back from each yard line at least 1 foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built. | C |
Community buildings, recreation facilities, recreation fields. | C |
Day care, nursery, pre-kindergarten, play and special schools and kindergarten. | C |
Detached multi-unit housing/multiple structures on a single lot (subject to Section 405.290). | C |
Facilities (subject to Article XXVII) | P |
Lodge hall or club. | C |
Parking lots and multi-level parking structures on land not more than 500 feet walking distance from the boundary of any "C-1" or "C-2" Commercial District, "HDC" Commercial District or "S-1" Service District, under such conditions as will properly protect the character of surrounding property. | C |
Public and private elementary, middle and secondary schools, provided that the height, location and use of such buildings will not have a serious and depreciating effect on any adjacent residential property. Public buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 110 feet if the building is set back from each yard line at least 1 foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built. | C |
Public buildings erected or used by any department of the City, County, State or Federal Government. Public buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 110 feet if the building is set back from each yard line at least 1 foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built. | C |
Restaurants (including carry-out, self-seating and full-service) and prepared food dispensing. | C |
Solar energy systems, building-mounted (subject to the provisions of Article XXVIII) | P |
Solar energy systems, ground-mounted (subject to the provisions of Article XXVIII) | C |
Wind energy systems, building-mounted (subject to the provisions of Article XXVIII) | C |
P = Permitted by right C = Permitted with conditional use permit Note: Uses not appearing in this table are prohibited. | |