R-3 MEDIUM TO HIGH DENSITY RESIDENTIAL DISTRICT13
Editor's note— Ord. No. 23-14, Exh. A, adopted July 8, 2014, amended art. XIII in its entirety to read as herein set out. Former art. XIII, §§ 13.01—13.04 pertained to R-3 IC, inner-city residential district, and derived from Ord. No. 12-83, adopted June 28, 1983; Ord. No. 58-88, § 1, adopted Nov. 22, 1988; Ord. No. 17-89, § 5, adopted Aug. 8, 1989; and Ord. No. 11-02, adopted May 13, 2002.
The R-3 residential district is established to provide development potential in older sections of Henderson where existing lots of record are inadequate in size to meet the requirements of other residential districts. Redevelopment of older neighborhoods is encouraged through the use of flexible lot and placement regulations.
(Ord. No. 23-14, Exh. A, 7-8-14)
In all R-3 districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for the following specified uses:
(a)
Any use permitted in the R-2, medium density residential district.
(b)
Accessory uses.
(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 23-20, 10-27-20)
(a)
Any use classified as a conditional use in the R-2, medium density residential district.
(b)
Reserved.
(c)
Reserved.
(d)
Bed and breakfast inns.
(e)
Class A manufactured homes, as defined in "Article II. Definitions, Section 2.01. Definitions," with the following limitations:
(1)
Manufactured home shall meet all acceptable installations standards of Class A manufactured housing as provided in Section 2.01 of this Code; and
(2)
Manufactured home shall meet all acceptable appearance standards of Class A manufactured housing as provided in Section 2.01 of this Code; and
(3)
In the granting of a variance. in no instance shall the front yard setback be less than the average front setback that exists on the nearest developed lots on the same block that front on the same side of the street as the subject lot, in accordance with the following rules:
a.
Lots that front on a different street than the subject lot or that are separated from the subject lot by a street may not be used in computing the average;
b.
When the subject lot is a corner lot, the average setback will be computed on the basis of the two (2) nearest developed lots that front on the same side of the street as the subject lot;
c.
When the subject lot abuts a corner lot fronting the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two (2) lots that front on the same street as the subject lot; and
(4)
In the granting of a variance, in no instance shall either side yard setback be less than five (5) feet; and
(5)
In the granting of a variance, in no instance shall the rear yard setback be less than ten (10) feet; and
(6)
In the granting of a variance, in no instance shall any permanent structure be permitted to be placed in a public utility or drainage easement.
(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 23-20, 10-27-20)
(See attached schedule of regulations, Article XXVII.)
(Ord. No. 23-14, Exh. A, 7-8-14)
R-3 MEDIUM TO HIGH DENSITY RESIDENTIAL DISTRICT13
Editor's note— Ord. No. 23-14, Exh. A, adopted July 8, 2014, amended art. XIII in its entirety to read as herein set out. Former art. XIII, §§ 13.01—13.04 pertained to R-3 IC, inner-city residential district, and derived from Ord. No. 12-83, adopted June 28, 1983; Ord. No. 58-88, § 1, adopted Nov. 22, 1988; Ord. No. 17-89, § 5, adopted Aug. 8, 1989; and Ord. No. 11-02, adopted May 13, 2002.
The R-3 residential district is established to provide development potential in older sections of Henderson where existing lots of record are inadequate in size to meet the requirements of other residential districts. Redevelopment of older neighborhoods is encouraged through the use of flexible lot and placement regulations.
(Ord. No. 23-14, Exh. A, 7-8-14)
In all R-3 districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for the following specified uses:
(a)
Any use permitted in the R-2, medium density residential district.
(b)
Accessory uses.
(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 23-20, 10-27-20)
(a)
Any use classified as a conditional use in the R-2, medium density residential district.
(b)
Reserved.
(c)
Reserved.
(d)
Bed and breakfast inns.
(e)
Class A manufactured homes, as defined in "Article II. Definitions, Section 2.01. Definitions," with the following limitations:
(1)
Manufactured home shall meet all acceptable installations standards of Class A manufactured housing as provided in Section 2.01 of this Code; and
(2)
Manufactured home shall meet all acceptable appearance standards of Class A manufactured housing as provided in Section 2.01 of this Code; and
(3)
In the granting of a variance. in no instance shall the front yard setback be less than the average front setback that exists on the nearest developed lots on the same block that front on the same side of the street as the subject lot, in accordance with the following rules:
a.
Lots that front on a different street than the subject lot or that are separated from the subject lot by a street may not be used in computing the average;
b.
When the subject lot is a corner lot, the average setback will be computed on the basis of the two (2) nearest developed lots that front on the same side of the street as the subject lot;
c.
When the subject lot abuts a corner lot fronting the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two (2) lots that front on the same street as the subject lot; and
(4)
In the granting of a variance, in no instance shall either side yard setback be less than five (5) feet; and
(5)
In the granting of a variance, in no instance shall the rear yard setback be less than ten (10) feet; and
(6)
In the granting of a variance, in no instance shall any permanent structure be permitted to be placed in a public utility or drainage easement.
(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 23-20, 10-27-20)
(See attached schedule of regulations, Article XXVII.)
(Ord. No. 23-14, Exh. A, 7-8-14)