A. Area: Multi-Family Dwellings may have reduced Lot Regulations in the R-4 RM12. Site Plan Permit (see Chapter 1.26 of this Title) and subdivision approval required.
The minimum lot area shall be six thousand (6,000) square feet for each one-family dwelling, with seven hundred fifty (750) additional square feet for each additional dwelling unit in a dwelling structure having more than one dwelling unit; not less than five thousand (5,000) square feet for any other main building.
Maximum density: The maximum number of dwelling units is limited initially to 8 units per acre. Density limit may be increased as defined below in section L.
B. Width: The minimum width of any lot shall be seventy feet (70').
C. Side Yard: The minimum side yard setback for any dwelling regulated by this section shall be ten feet (10') except where a side yard is adjacent to an R1, R2, or R3 zone in which the minimum setback shall be thirty feet (30').
D. Front Yard: The minimum depth of the front yard for main buildings and for private garages shall be thirty feet (30').
E. Rear Yard: The minimum depth of the rear yard for main buildings and for private garages shall be twenty five feet (25') except when rear yard is adjacent to single family residential zone (R1, R2, R3) in which case the rear yard minimum depth shall be forty feet (40').
Rear yards shall be separated from adjoining properties with a decorative wall or decorative fence, sufficient to provide adequate aesthetics, screening, separation, and security.
F. Height: No building shall be erected to a height greater than thirty-six (36) feet, and no dwelling structure shall be erected to a height less than one story.
G. Maximum Number of Stories above ground is 2 ½. The minimum height of a dwelling in stories above grade: 1.
The maximum height of an accessory building in feet: 15.
Accessory buildings adjacent to the front, side, or rear yard of any residential zone, shall be shorter than 15 feet.
Accessory building larger than 800 sq ft shall follow the front, side, and rear yard setback requirements as defined above.
No accessory building shall contain greater square foot floor area than the principal building to which it is accessory. No accessory building or group of accessory buildings in any residential district shall cover more than thirty (30) percent of the rear yard.
I. Coverage: No building or group of buildings with their accessory buildings shall cover more than sixty percent (60%) of the area of the lot.
J. Any multi-family building or group of buildings shall be managed by a homeowner association (HOA), or similar, which manages common areas, including green space, parking lot, accessory buildings, landscaping areas. The HOA shall be responsible for the maintenance and appearance of the complex and shall be liable for code violations levied by the city
K. Open space shall be provided to any building or group of buildings that contains more than 2 dwelling units per building. A common open space shall be provided at a rate of 220 sq ft per dwelling unit (~0.5 acre per 100 units), with a minimum size of open space not less than 1000 sq ft.
1. Open space may be split into multiple areas, but no individual area less than 1000 sq ft will count towards the open space requirement defined above.
2. Open space shall be of semi-regular shape such that line of sight is maintained from any two points within the space.
3. 50% of retention/detention area may count toward the open space requirement providing that the remaining open space is adjacent to the retention/detention area.
4. Open space may include yard, playground, patio, sports court, botanical, or vegetable garden, maintained natural trail, or similar.
5. Open space must be separated from vehicle parking and roadway in a manner that prevent normal vehicle access.
6. Picnic/bowery/pergola structures which are open on at least 3 sides and are less than 15 feet in height are considered part of the open space.
7. In a phased development 33% of total open space requirements shall be contained in phase I land area and construction of open space shall be 50% completed by the completion of phase I and 100% completed prior to the commencement of the final phase of development.
8. Single building dwelling units do not need to be included in Open Space calculations.
Sidewalks adjacent to roadways or parking lots shall not count towards Open Space surface area requirements.
L. Density Increase Provision - The unit per acre density requirement within the development may be increased from 8 units per acre up to 12 units per acre if the following conditions are met:
1. A common open space shall be provided at a rate of 435 sq ft per dwelling unit (~1 acre per 100 dwelling units), with a minimum size of open space not less than 1500 sq ft.
2. Open space shall be made generally available for use by the public without a fee.
a. Managing association may restrict/enforce usage times (to daylight hours or similar) to prevent noise or other nuisance.
b. Managing association may also restrict and enforce prohibitions against activities that risk property damage, public safety, or create a nuisance (loud music performances, public protest, high risk sports activity, etc.).
c. Managing associate may require reservation and assess reasonable deposit or use fee for use of any individual amenities (bowery, fire pit, sports court, vegetable garden) but cannot restrict general usage of open space. (Ord., 9-3-1996; amd. Ord. O-21-16, 12-21-2021)