Garden City City Zoning Code
§ IX-A
DISTRICT R-3A GARDEN APARTMENT DISTRICT USE REGULATIONS.
1.
Permitted uses.
In district R-3A no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses: (For exceptions see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Garden apartment project.
2.
Height and area regulations.
In district R-3A the heights of the buildings hereafter erected, constructed, reconstructed, and moved or altered, the minimum dimensions of lots and yards and the minimum lot per family permitted on any lot area shall be as follows: (For exceptions see Section XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Buildings or structures shall not exceed 35 feet and shall not exceed 2-1/2 stories in height above ground level.
B.
Open space
(1)
No portion of a building or structure shall be located closer than 20 feet to a side or rear property line, except garages, which may be located within five feet of a property line which is the rear line of an abutting lot or lots.
(2)
No portion of a building shall be located closer than 25 feet to a street line.
(3)
Except for open areas required for compliance with the following requirements for clearance between buildings, no front, side, or rear yards need be provided unless said district R-3A is in the same block with a use district which has yard requirements. In such cases, yard requirements shall be as follows:
Front yards: If district R-3A is on the same side of the street, the front yard requirements of said adjacent use district shall apply to that part of district R-3A within 100 feet of said adjacent district. No parking area shall be placed in such required front yard.
Side and rear yards: Where district R-3A abuts a use district which has side and/or rear yard meeting, such yard requirements shall be provided in district R-3A between said common use district line and any buildings.
(4)
No part of an off-street parking area, including stall and access driveway, shall be located closer than five feet to a property or street line.
(5)
No two buildings or opposite portions of a building around a court shall have a closer relationship than the following:
(a)
Back to back, 40 feet.
(b)
Front to front, 50 feet.
(c)
End to end, 20 feet.
(d)
Corner to corner, 15 feet.
(e)
End to back, 25 feet.
(f)
End to front, 40 feet.
(g)
No dwelling unit shall face directly upon the rear of a building.
(h)
Service areas and vestibules, porches, balconies, and canopies not extending more than ten feet from the building shall be excluded from the clearance requirements of subparagraphs (a) to (g) inclusive.
(i)
Where the walls of two buildings face each other and the portions of the faces which overlap or are directly opposite each other do not exceed 15 feet in length and said overlapping portions do not contain windows, the distance between the walls may be not less than nine feet.
C.
Lot area per family:
Every building of over four family dwelling units shall provide a minimum lot of not less than 2,000 square feet per family unit. For two-, three-, or four-family dwelling units there shall be a minimum lot area of 9,000 square feet. However, where a public or community sewer is not available and in use for the disposal of all sanitary sewage from the premises, each minimum lot area shall be subject to public health requirements.
D.
Floor area:
Minimum floor area for any garden apartment dwelling building shall be 475 square feet per unit.
F.
Play or park space:
Suitable play or park space shall be provided which is easily accessible from the living units without encountering traffic hazards and which is so located that it will not impair the views from the fronts of the apartments. Such space shall not contain less than the following area:
3.
Planning.
A garden apartment project shall be planned and developed only on a lot or tract under single ownership or unified control. All drying yards and similar service areas shall be screened from abutting property, and ample access to all parts of the premises for four-wheeled emergency vehicles shall be provided.
A.
All buildings shall be so arranged or grouped as to have a reasonably wide-spaced distribution over the entire premises. In addition, the buildings shall be so arranged that maximum light, air, and open space shall be available to each dwelling unit. Playground and parking space shall be located as to best serve the entire project.
B.
Upon determination that the project as planned conforms to all regulations contained herein, and all other city ordinances and, upon approval by the board of aldermen, the applicant may apply to the proper authorities for a building permit.
4.
Special conditions.
If in any district zoned R-3A (garden apartment district) the area is not developed in accordance with the requirements as set forth for this district, then that area shall automatically revert to district R-1 (first house dwelling district) with such use regulations imposed on it as are outlined in Section VII, district R-1 (first dwelling house district).
(Ordinance 2002-518 adopted 3/5/02)