(a)

General requirements.

(1)

A permitted use is a use of land or buildings which is specifically allowed in the regulations applicable to a particular residence district. No land or building shall be devoted to any use other than one listed as a permitted use in the applicable zone with the exception of the following:

a.

Uses lawfully established on the effective date of the ordinance codified in this chapter; and

b.

Conditional uses allowed in accordance with the provisions of Section 42-272.

Uses lawfully established on the effective date of the ordinance codified in this chapter and rendered nonconforming by the provisions thereof, shall be subject to those regulations of Section 42-359 governing nonconforming uses.

(2)

Green area. Green area shall be permanently provided and properly maintained on each lot devoted to any permitted or conditional use as set forth in each residential zoning district. This area shall be unobstructed to the sky and shall not be devoted to service driveways, walks, off-street parking spaces, loading berths, or other similar uses, but shall be usable for greenery, recreational space, and other leisure activities normally carried on outdoors. At least 50 percent of the green area requirement shall be provided in the front or corner side yard between the principal building and the front or corner side property line. In no event shall this requirement necessitate the principal building be set back a distance greater than the minimum front setback of the zoning district in which the property is located.

(3)

Open space. Open space shall be provided on each lot devoted to any permitted or conditional use as set forth in each residential district. Open space may be devoted to service driveways, walks, off-street parking space, swimming pools, tennis courts, green area, or other similar uses, but no building or structure shall be permitted within the required open space. The open space requirement specified in the R1 and R2 Districts may include the required green area.

(4)

Parking of camping and recreational equipment on private residential property.

a.

Any owner of camping and recreational equipment may park or store such equipment on private residential property subject to the following conditions:

1.

At no time shall such parked or stored camping and recreational equipment be occupied or used for living or housekeeping purposes.

2.

If the lot is equipped with a garage of sufficient size, any such camping or recreational equipment shall be parked or stored inside the garage.

3.

If the camping and recreational equipment is parked or stored outside a garage it shall be parked or stored to the rear of the front building line of the building, providing that there is reasonable access to the rear of said line via an existing driveway to allow such parking or storing.

4.

If the lot is not equipped with a garage or reasonable access to the rear of the front line of the building via an existing driveway, then the camping and recreational equipment shall be parked or stored in the driveway of the lot, providing that such parking or storage does not interfere with normal use of any public sidewalk.

5.

No camping and recreational equipment shall be permitted to be parked or stored in the required side yard setback unless it is parked or stored in the driveway.

6.

Notwithstanding the provisions of Subsection (4)a.2 through (4)a.5 of this section, camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes for a period of time not to exceed 48 hours.

7.

No more than two camping and recreational equipment vehicles designed for human habitation shall be permitted on any one lot.

b.

For the purposes of this section, camping and recreational equipment includes, but is not limited to, boats, boat trailers, camping trailers, fifth wheel travel trailers, motor homes, private buses, snowmobiles, travel trailers, and truck campers. Motor-driven cycles and mopeds shall not be considered recreational equipment for purposes of this section.

(5)

Established setback line. Where at least 50 percent of the three adjacent lots improved with residences on either side of the building lot in question on one side of the street within the same block have a front/corner side setback less than required by this chapter, an average front/corner side setback shall be computed for the defined area. Any new residence and new alteration of any existing residence may conform to that average front/corner side setback. For the purpose of computing such an average front/corner side setback, vacant lots within the defined area shall be considered as having the minimum front/corner side setback required in that zone district.

(6)

Setbacks for L-shaped, two-family residences. Where a two-family residence is located on a corner lot, is L-shaped, and is addressed on two different streets, the minimum setback requirements shall be as follows:

a.

Any yard abutting a street: 25 feet;

b.

Side yard (unattached end of each unit): eight feet;

c.

Rear yard (area behind each unit): 25 feet.

(7)

Greater side and rear setbacks required for multiple-family 2½ stories or higher and nonresidential. Where a multiple-family building greater than 2½ stories in height or a nonresidential building is to be constructed on a lot adjoining a residential use in an R1 or R2 District, side and rear yard setback shall be 25 feet or equal in dimension to the height of such multiple-family or nonresidential building as it sits above grade, whichever is greater.

(8)

Use of trucks, travel trailers or mobile homes.

a.

Trucks, travel trailers or mobile homes shall not be permitted in any residence district as principal or accessory buildings except as provided for in mobile home courts or travel trailer camp regulations in compliance with this chapter or for temporary offices for construction sites. The parking or storage of semitrailer cab units, truck trailers, or trucks over 12,000 pounds g.v.w. is prohibited in any residence district except as provided in Subsection (a)(8)b;

b.

The following vehicles are exempt from the maximum weight restriction in this section:

1.

Human service vehicles as defined in Wis. Stats. § 340.01(23g) as from time to time amended or renumbered.

2.

Registered vehicles bearing antique license plates issued by the State of Wisconsin.

3.

Registered vehicles bearing collector license plates issued by the State of Wisconsin.

4.

Registered vehicles bearing hobbyist license plates issued by the State of Wisconsin.

5.

Medium-duty wrecker tow trucks or flat beds that are currently on-call through the no-preference tow rotation and meet the following requirements:

(i)

Do not have a towed vehicle attached to or at the property.

(ii)

Parked in the driveway not encroaching onto the sidewalk or public right-of-way.

(iii)

The address of the on-call employee has been previously provided to the City of Janesville.

(iv)

A home occupation is not being conducted at a residential location.

(9)

Driveway openings. Driveway openings shall be located at least 40 feet from a block corner with the exception of single- and two-family driveway openings which shall be located at least 25 feet from a block corner. The maximum driveway opening shall be no greater than 24 feet at the sidewalk line and 30 feet at the curb. For single- or two-family residences which have garages that accommodate two or more cars and that have direct access to a public street, the Building Division Director may increase the maximum driveway width to 30 feet at the sidewalk line and 36 feet at the curb. The Building Division Director may increase the maximum driveway opening to a width not greater than 36 feet at the sidewalk line and 42 feet at the curb to accommodate access to two-car garages for side-by-side two-family dwellings. Where a drive is in joint use with adjoining properties, there shall be at least ten feet of drive on each parcel. The Site Plan Review Coordinator shall have the discretionary authority to increase described single- and two-family driveway opening standards as he or she deems necessary for the specific lot and under the particular facts and circumstances, but in no event ever more than 20 percent of the requirement.

(10)

Revocation of community living arrangements by City Council. A permit to operate a community living arrangement may be revoked by the City Council if it is determined that a community living arrangement poses a threat to the health, safety or welfare of the community following a public hearing in accordance with Wis. Stats. § 62.23(7)(i) 9 and 10.

(11)

Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:

a.

Installed on an enclosed permanent foundation;

b.

Minimum floor area excluding the garage, decks, porches, and basement: 800 square feet of heated living space;

c.

Minimum width of short side of dwelling: 24 feet;

d.

Minimum core area of heated living space: 24 feet by 24 feet;

e.

Pitched roof required with a minimum slope of three inches in height for each foot of width;

f.

Permitted roof surfacing materials (including accessory garages and carports): wood shakes, asphalt, fiberglass, composition or wood shingles, clay, concrete or metal tiles, slate, rubber membrane, built-up gravel materials;

g.

Exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground; and

h.

Permitted exterior siding materials (including accessory garages and carports): wood, masonry, concrete, stucco, masonite, vinyl, metal lap.

The Zoning Board of Appeals may waive one or more of the above minimum standards, except the standard in Subsection (a)(16) of this section, upon a finding that the proposed architectural style provides compensating design features and the dwelling will be compatible with other dwellings in the neighborhood.

(12)

Enclosure of refuse storage area. With the exception of properties which are provided curbside pickup from the City, trash or refuse storage areas are permitted outside the principal building, provided that:

a.

Such storage areas are adequately screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Coordinator;

b.

Such storage area enclosure shall be made of the same material as the immediate adjacent wall of the principal building or such material as would not detract from the immediate surrounding neighborhood as approved by the Site Plan Review Coordinator;

c.

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

This section shall not apply to refuse storage areas which were legally nonconforming prior to November 13, 2000.

(13)

Temporary real estate sales offices. A temporary real estate sales office does not require prior Plan Commission or City Council review or approval, but shall be permitted by the Site Plan Review Coordinator, but only in strict conformity with the following provisions:

a.

A temporary use permit shall be required for every temporary real estate sales office in any new residential subdivision or residential planned unit development, but only in the event such new residential subdivision or residential planned unit development has been approved in accordance with this chapter and the other applicable City of Janesville Subdivision Regulations. One temporary real estate sales office may be allowed per builder or developer within a new residential subdivision or residential planned unit development. The temporary permit for a temporary real estate sales office shall be initially valid for not more than one year from the date of issuance, and may be renewable annually thereafter by the Site Plan Review Coordinator. The temporary real estate sales office use shall fully terminate and discontinue, and the office shall be removed, within 30 days after the sale of the last unit or lot in the development or subdivision. All sales and related activities conducted within the temporary sales office at all times shall be directly related to the sale of properties within the particular development or subdivision solely for the initial sale of the homes therein. The temporary sales office shall not be used for general office operation, retail sales of merchandise or building materials, storage, or other use by the permittee or by any other firm, business, associate or persons.

b.

A temporary real estate sales office may be established by a builder and/or developer of the subdivision who either owns or has the options to purchase at least ten lots or units within the subdivision or development for which the use is located.

c.

Parking noise, congestion, unwanted vehicular activities, and other complaints filed with the City regarding the operation of the temporary real estate sales office shall be immediately remedied by the permittee and all violations immediately terminated upon notice from the City. All City of Janesville ordinances, including, but not limited to, parking, lighting, noise, debris, littering, nuisance, signage, building and zoning codes shall be strictly adhered to by the permittee at all times.

d.

If off-street parking is requested by the permittee or required by the Site Plan Review Coordinator, a temporary parking lot may be installed as an addendum to the Temporary Real Estate Sales Office permit. The parking lot shall be paved, landscaped and appropriately graded and drained to dispose of all surface water by the permittee. The parking lot shall be removed and appropriately seeded and landscaped by the permittee when the temporary sales office use is discontinued. At the time of parking lot approval, the Site Plan Review Coordinator may require that a performance bond be filed by the permittee and held by the City in an amount determined by the Site Plan Review Coordinator to be sufficient to cover the removal cost of the parking lot and landscaping restoration of the parking lot area.

e.

A site plan, prepared in accordance with the Site Plan Review Ordinance Section 42-274, including exterior elevations (four sides), interior floor plans, and landscape plans shall be provided with the site plan permit application.

f.

The hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. each day or as otherwise determined by the Site Plan Review Coordinator, including more limited hours.

g.

Signage placed on the temporary real estate sales office lot shall be limited to one monument-style sign, 16 square feet in area, and comply with the standards of Chapter 28.

h.

The Site Plan Review Coordinator shall have the authority to suspend, revoke, or modify a temporary use permit immediately upon his or her determination that any of the conditions or requirements set forth in the permit or directions by the Site Plan Review Coordinator have been violated. Written notice of the Site Plan Review Coordinator's determination to suspend, revoke, or modify the permit shall be promptly provided to the permittee by any reasonable means including, but not limited to, personal service, mail or posting upon the temporary real estate sales office. The permittee shall have 48 hours (based on business days/work week calendar) to contact the Site Plan Review Coordinator and present the permittee's plan to cure. The Site Plan Review Coordinator will then give the permittee a timetable to cure, not to exceed 48 hours, except for noise, litter, traffic and parking matters which shall be corrected immediately upon notice. If the permittee fails to cure the violation, the temporary real estate sales office permit may be suspended or revoked by the Coordinator upon notice to the permittee and violations may be prosecuted. All City rights and remedies are cumulative and not exclusive. The reinstatement of the temporary real estate sales office permit may be granted by the Site Plan Review Coordinator or designee upon his or her determination of the adequacy of the cure.

i.

There shall be no more than five employees maximum on-site conducting sales activities or other work activities in such temporary real estate sales office at any one time.

(b)

District requirements.

(1)

R1 Single-Family and Two-Family Residence District. The R1 District is created to allow for low density residential areas with limited concentrations of two-family dwellings allowed by conditional use permit. The R1 district is generally mapped in outlying urban parts of the City.

a.

Permitted uses.

1.

Single-family dwellings;

2.

Parks, playgrounds and open spaces;

3.

Schools: elementary, junior high and senior high;

4.

Church facilities but not including related convention or assembly facilities or the storage of buses or other motor vehicles on the premises;

5.

Home occupations in accord with Section 42-275;

6.

Community living arrangements for eight or fewer individuals and adult family homes subject to the following provisions:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21 as from time to time amended, shall not be subject to a minimum spacing requirement from another community living arrangement or adult family home;

(ii)

Those which do not provide housing and supportive services for residents with a disability or handicap, including, but not limited to, housing for parolees or juveniles who are not disabled, shall be located no closer than 2,500 feet from another community living arrangement or adult family home;

7.

Raising grain or hay crops for cash sale or for use as feed, provided such feed use is conducted on-premises located outside the City. Such use shall be permitted only on unplatted land of five or more contiguous acres;

8.

Family day care homes;

9.

Bed and breakfast establishments for one to four boarders.

b.

Conditional uses. The following may be allowed in R1 District subject to the provisions of Section 42-272, conditional uses:

1.

Public utility and public service facilities, such as, electric substations, water reservoirs, fire stations, telephone transmission equipment buildings, telephone exchanges. Sewage lift stations and water pumping stations located above ground;

2.

Pre-schools, day care centers and nursery schools;

3.

Community living arrangements for nine to 15 residents, provided the following conditions are met:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21, as from time to time amended, shall not be subject to a minimum spacing requirement from another community living arrangement or adult family home;

(ii)

Those which do not provide housing and supportive services for residents with a disability or handicap, including, but not limited to, housing for parolees or juveniles who are not disabled, shall be located no closer than 2,500 feet from another community living arrangement or adult family home;

(iii)

The facility shall be designed and maintained to appear as a one-family or two-family residence and landscaped to be in keeping with the surrounding neighborhood;

(iv)

Such facility shall be located on a lot of no less than 12,000 square feet in area;

4.

Planned unit developments, as provided for in Section 42-274, for uses permitted in the R1 district;

5.

Raising grain or hay crops for cash sale or for use as feed on unplatted parcels less than five acres in size or on platted land provided such feed use is conducted on premises located outside the City;

6.

Community facilities, such as, public community centers, public recreation facilities;

7.

Bed and breakfast establishments for five to eight boarders, provided that the following conditions are met:

(i)

The establishment has a valid permit from the County Health Department;

(ii)

The establishment is located in an owner-occupied, single-family dwelling;

(iii)

No outside employees are permitted;

(iv)

The maximum designed occupancy is limited to eight boarders plus the residents of the home. A building floor plan shall be placed on file with the Building Division indicating the number of rooms available for rental lodging and the maximum occupancy of each room indicated, the total of which may not exceed eight occupants;

(v)

One parking stall shall be provided for each boarding room in addition to the two required for the principal residence;

(vi)

Any site signage shall be limited to four square feet in size, shall have no illumination and shall be less than five feet in height;

(vii)

Length of stay shall not exceed 14 consecutive days for each registered boarder;

8.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing;

9.

Two-family dwellings on any lot containing 10,000 square feet or more upon approval of a conditional use permit by the Plan Commission following the procedures outlined in Section 42-272 and subject to the exceptions outlined in Subsection (b)(1)b.9.(viii) of this section which follows. In reviewing the appropriateness of lots for two-family dwelling construction, the Plan Commission may consider the following location criteria:

(i)

Corner lots;

(ii)

Lots fronting on through arterial streets as those are identified by Chapter 38 of the Janesville Code of General Ordinance or on those streets identified by the City Engineer as future through arterial streets;

(iii)

Lots that are contiguous to land zoned for more intensive residential, commercial, or industrial development or other property not used for single-family residences, such as schools and churches;

(iv)

Lots identified as appropriate for two-family dwellings shall generally not exceed 20 percent of all the lots in the final plat;

(v)

Lots located adjacent or opposite areas in which two-family dwellings have been expressly prohibited by public or private restrictions should be discouraged as locations for two-family dwellings;

(vi)

Generally, no more than two two-family dwellings should be located adjacent each other. Adequate spacing should occur between clusters of two-family dwellings to avoid concentration of such type of dwelling;

(vii)

For any conversion of an existing single-family home to a two-family dwelling, the razing of an existing single-family home for the purpose of redeveloping a site or sites with a two-family dwelling, or the redivision of an existing residential lot for the purpose of creating new development sites for the construction of two-family dwellings, the architectural compatibility of the proposed structure or structures with existing buildings in the surrounding area may also be considered;

(viii)

Exceptions.

A.

Two-family dwellings shall be permitted in locations identified on land divisions occurring after September 13, 1999, through the procedures outlined in Chapter 36 after approval of the proposed two-family lot locations by the Plan Commission following a public hearing on the designation of said two-family lots. The public hearing and approval shall occur during review of preliminary land divisions. The public hearing shall be noticed in accord with the procedures outlined in Section 42-272(e). The Plan Commission may consider the criteria in Subsections (b)(1)9(i)—(b(1)9(vi) of this section during such reviews. Lots approved as appropriate for two-family dwelling construction shall be clearly identified on the face of the final land division through the affixation of a large, bold letter "D" and the following note shall be placed on the final land division: "Lots labeled "D" may be developed with either a single-family or two-family dwelling or any other use permitted within the zone district." Any lot so identified shall remain appropriate for construction of a two-family dwelling until such time as this chapter's zoning regulations in effect at that time are repealed in their entirety and subsequently rewritten or recreated and such new regulations are adopted by the City Council;

B.

Prior to September 13, 2000, any person presenting the Planning Director with copy of a recorded plat, survey, deed, covenant, restriction or other document, with said instrument having been recorded prior to September 13, 1999, that indicates that a residential lot in existence before September 13, 1999 was identified as appropriate for construction of a two-family dwelling shall be issued a conditional use permit for said lot by the Planning Director. A fee shall not be charged for the conditional use permit. There shall be no review or hearing by the Plan Commission. Any permit issued under this provision shall be valid until such time as the Chapter 42 zoning regulations in effect at that time are repealed in their entirety and subsequently rewritten or recreated and such new regulations are adopted by the City Council;

C.

Prior to September 13, 2000, any person may request approval of a conditional use permit for construction of a two-family dwelling for any lot in existence before September 13, 1999. The Plan Commission shall conduct their review following the procedures of Section 42-272. A fee shall not be charged for the conditional use permit or the review. There shall be a presumption of conditional use permit approval for such lots unless there is compelling evidence presented to the Plan Commission that said approval is inappropriate. The Plan Commission may consider criteria in Subsections (b)(1)9(i)—(b)(1)9(vi) of this section during such review. Any permit issued under this provision shall be valid until such time as the Chapter 42 zoning regulations in effect at that time are repealed in their entirety and subsequently rewritten or recreated and such new regulations are adopted by the City Council.

c.

Lot area.

1.

Single-family detached: not less than 7,700 square feet;

2.

Two-family detached: not less than 10,000 square feet.

d.

Lot width. Not less than 70 feet as measured at the setback line.

e.

Minimum setback requirements for principal use.

1.

Front yard: 25 feet;

2.

Side yard: Eight feet;

3.

Rear yard: 25 feet (except corner lots);

4.

Corner side yard: 25 feet from all street lines;

5.

Corner interior, side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet.

f.

Minimum setback requirements for accessory structures.

1.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

2.

Side yard: two feet plus the eave (except as provided in Section 42-363);

3.

Corner side yard: 25 feet from all street lines;

4.

Rear yard: two feet, plus the eave.

g.

Green area. 25 percent of the gross lot area shall be devoted to green area;

h.

Open space. 40 percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement;

i.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater;

j.

Off-street parking shall be provided as regulated in Section 42-360.

(2)

R1D Two-Family Residence District. The Two-Family Residence District is designed to allow for low-density residential development where single- and two-family dwellings are permitted. The R1D District is generally mapped in the outlining urban parts of the City.

a.

Permitted uses.

1.

Any use permitted in the R1 District.

2.

Two-family dwellings, provided that no more than 50 percent of the lots in a land division of record or a proposed land division are developed with said two-family dwellings. If more than 50 percent of the lots within a land division of record or a proposed land division are proposed to be developed with two-family dwellings, then the development must be reviewed as a Planned Unit Development under the procedure outlined in Section 42-274.

b.

Conditional uses. The following may be allowed in R1D District subject to the provisions of Section 42-272:

1.

Public utility and public service facilities, such as, electric substations, water reservoirs, fire stations, telephone transmission equipment buildings, telephone exchanges, sewage lift stations and water pumping stations located above ground;

2.

Pre-school, day care centers and nursery schools;

3.

Community living arrangements for nine to 15 residents, provided the following conditions are met:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21 as from time to time amended, shall not be subject to a minimum spacing requirement from another community living arrangements or adult family home;

(ii)

Those which do not provide housing and supportive services for residents with a disability or handicap, including, but not limited to, housing for parolees or juveniles who are not disabled or handicapped, shall be located no closer than 2,000 feet from another community living arrangement or adult family home;

(iii)

The facility shall be designed and maintained to appear as a one- or two-family residence and landscaped to be in keeping with the surrounding neighborhood;

(iv)

Such facility shall be located on a lot of no less than 12,000 square feet in area.

4.

Planned unit developments as provided for in Section 42-274, for uses permitted in the R1 District;

5.

Raising grain or hay crops for cash sale or for use as feed on unplatted parcels less than five acres in size or on platted land provided such feed use is conducted on premises located outside the City;

6.

Community facilities, such as: public community centers, public recreation facilities;

7.

Bed and breakfast establishments;

8.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing.

c.

Lot area.

1.

Single-family dwelling: not less than 7,700 square feet;

2.

Two-family dwelling: not less than 10,000 square feet.

d.

Lot width. Not less than 70 feet as measured at the setback line.

e.

Minimum setback requirements for principal use.

1.

Front yard: 25 feet;

2.

Side yard: Eight feet;

3.

Rear yard: 25 feet (except corner lots);

4.

Corner side yard: 25 feet from all street lines;

5.

Corner interior side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

f.

Minimum setback requirements for accessory structures.

1.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

2.

Side yard: two feet plus the eave (except as provided in Subsection (b) of Section 42-363);

3.

Corner side yard: 25 feet from all street lines;

4.

Rear yard: two feet plus the eave.

g.

Green area. 25 percent of the gross lot area shall be devoted to green area.

h.

Open space. 40 percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

i.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater.

j.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(3)

R2 Limited General Residence District. The R2 Limited General Residence District is designed to provide areas which are to be occupied substantially by single-family and two-family dwellings. This district is intended to accommodate existing platted lots with areas of 5,000 through 7,700 square feet to prevent numerous dwellings from becoming nonconforming and to accommodate new higher-density development.

a.

Permitted uses. Any use permitted in the R1 District.

b.

Conditional uses. The following may be allowed in R2 District subject to the provisions of Section 42-272:

1.

Conditional uses permitted in the R1 District;

2.

Planned unit developments as provided for in Section 42-274, for uses permitted in the R2 District.

c.

Lot area.

1.

Single-family detached: not less than 5,000 square feet;

2.

Two-family detached: not less than 8,000 feet.

d.

Lot width. Not less than 50 feet, as measured at the setback line.

e.

Minimum setback requirements for principal use.

1.

Front yard: 25 feet;

2.

Side yard: Eight feet;

3.

Rear yard: 25 feet (except corner lots);

4.

Corner side yard: 25 feet from all street lines;

5.

Corner interior side yard: side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

f.

Minimum setback requirements for accessory structures.

1.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

2.

Side yard: Two feet plus the eave (except as provided in Section 42-363);

3.

Corner side yard: 25 feet from all street lines;

4.

Rear yard: Two feet, plus the eave.

g.

Green area. 25 percent of the gross lot area shall be devoted to green area.

h.

Open space. Forty percent of the gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

i.

Maximum building's height. Two and one-half stories or 30 feet, whichever is greater.

j.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(4)

R3M Medium Density Residence District. The R3M Medium Density Residence District is primarily intended to provide a low- to medium-density multiple-family area where townhouses, fourplex and garden apartments are the predominate land use. Such districts could be located along collector and arterial streets or between low density and more intensive land uses.

a.

Permitted uses.

1.

Any use permitted in the R2 District;

2.

Two-family dwellings;

3.

Multiple-family dwellings containing no more than five units per building.

b.

Conditional uses. The following may be allowed in the R3M District subject to the provisions of Section 42-272, conditional uses:

1.

Conditional uses permitted in the R2 District;

2.

Planned Unit Developments as provided for in Section 42-274 for uses permitted in the R3M District;

3.

Multiple-family dwellings containing six to eight units per building;

4.

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21, as from time to time amended, shall not be subject to a minimum spacing requirement from another community living arrangement or adult family home.

(ii)

Those which do not provide housing and supportive services for residents with a disability or handicap, including, but not limited to, housing for parolees or juveniles who are not disabled or handicapped, shall be located no closer than 2,500 feet from another community living arrangement or adult family home.

(iii)

The facility shall be adequately designed and landscaped to be in keeping with the neighborhood and to prevent an institutional setting.

(iv)

The facility shall be located on a lot no less than 18,000 square feet in area for the first 16 residents, plus an additional 3,000 square feet of land for each additional residents.

c.

Lot area.

1.

Single-family detached: not less than 5,000 square feet.

2.

Two-family: not less than 8,000 square feet.

3.

Three- to eight-family units: multiple-family dwelling units that contain more than two units shall have at least 3,000 square feet of land area for each unit.

d.

Lot width. Not less than 50 feet, as measured at the front setback line.

e.

Minimum setback requirements for principle uses.

1.

Front yard: 25 feet;

2.

Side yard: Eight feet for single-family and two-family units.

3.

Side yard, ten feet for three or more units and nonresidential uses;

4.

Rear yard: 25 feet (except corner lots);

5.

Corner side yard: 25 feet from all street lines;

6.

Corner interior side yard: Side yard shall be eight feet, provided rear yard is 15 feet, or 15 feet, provided rear yard is eight feet.

f.

Minimum setback requirements for accessory structures.

1.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

2.

Side yard: Two feet plus the eave width for single- and two-family dwellings (except as provided in Section 42-363) and ten feet for all other uses;

3.

Corner side yard: 25 feet from property lines;

4.

Rear yard: Two feet plus the eave width for single- and two-family dwellings and ten feet for all other purposes.

g.

Green area. 25 percent of the gross lot area shall be devoted to green area.

h.

Open space. 40 percent of gross lot area shall be left in open space. Green area may be included to satisfy this open space requirement.

i.

Maximum building height. Two and one-half stories or 30 feet, whichever is greater.

j.

Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.

(5)

R3 General Residence District. The R3 General Residence District is intended to protect and enhance the character and value of residential areas primarily occupied by varied dwelling types of moderate density and to accommodate areas planned for new residential development of moderate density.

a.

Permitted uses.

1.

Any use permitted in the R2 District;

2.

Two-family dwellings;

3.

Multiple-family dwellings, after a favorable recommendation by the Site Plan Review Committee;

4.

Community living arrangements for 15 or fewer residents and adult homes, subject to the following provisions:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21, as from time to time amended, shall not be subject to a minimum spacing requirement from another community living arrangement or adult family home.

(ii)

Those which do not provide housing and supportive services for residents with a disability or handicap, including, but not limited to, housing for parolees or juveniles who are not disabled, shall be located no closer than 2,500 feet from another community living arrangement or adult family home.

(iii)

Community living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet.

b.

Conditional uses. The following may be allowed in the R3 District subject to the provisions of Section 42-272:

1.

Conditional uses permitted in the R2 District.

2.

Community living arrangements for more than 15 residents, provided the following conditions are met:

(i)

Those which provide housing and supportive services for residents with a disability or handicap, defined in Section 18-21, as from time to time amended, shall not be subject to a minimum spacing requirement from another community living arrangement or adult family home.

(ii)

Those which do not provide housing and supportive services for residents with a disability or handicap, including, but not limited to, housing for parolees or juveniles who are not disabled, shall be located no closer than 2,500 feet from another community living arrangement or adult family home.

(iii)

The facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting.

(iv)

The facility shall be located on a lot of no less than 12,000 square feet for the first 16 residents, plus an additional 1,000 square feet of land for each five additional residents.

3.

Colleges, universities, and schools that provide residence halls for on-campus living.

4.

Cemeteries.

5.

Mausoleums provided the mausoleum located within a cemetery.

6.

Planned unit developments as provided for in Section 42-274 for uses permitted in the R3 District.

7.

Roominghouses, boardinghouses or lodginghouses.

8.

Nursing homes, rest homes for the elderly and convalescing.

9.

Mobile home courts as provided for in Section 42-276.

10.

City-owned museums or museums owned by nonprofit organizations, provided the museum is established in a building existing at the time of the adoption of this zoning title.

c.

Lot area.

1.

Single- and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

2.

Three- to eight-family units. Multiple-family dwelling units that contain more than two units but less than nine units shall have at least 8,000 feet of land area for the first two units, plus an additional 1,300 square feet of land for each unit greater than two units and less than nine units.

3.

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

d.

Lot width. Not less than 50 feet, as measured at the setback line.

e.

Minimum setback requirements for principal use.

1.

Front yard: 25 feet;

2.

Side yard: eight feet for single- and two-family units. Side yard: ten feet for three or more units and nonresidential uses;

3.

Rear yard: 25 feet (except corner lots);

4.

Corner side yard: 25 feet from all street lines;

5.

Corner interior side yard: Side yard shall be eight feet provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

f.

Minimum setback requirements for accessory structures.

1.

Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;

2.

Side yard: two feet plus the eave (except as provided in Section 42-363);

3.

Corner side yard: 25 feet from street lines; rear yard, two feet plus the eave.

g.

Green area. 25 percent of the gross lot area shall be devoted to green area.

h.

Maximum building height. None.

i.

Off-street parking shall be provided as regulated in Section 42-360.

(6)

R4 Central Residence District. The R4 Central Residence District is primarily designed to be mapped in areas immediately surrounding the Central Business District. This district accommodates the highest residential densities and is designated in locations with direct access to convenience services, including shopping, civic functions and public transportation.

a.

Permitted uses. Uses permitted in the R3 District.

b.

Conditional uses. Conditional uses permitted in R3 District except mobile home courts.

c.

Lot area.

1.

Single- and two-family units. Single- and two-family dwelling units shall have minimum lot areas in accordance with the following schedule:

2.

Three- to eight-family units. Multiple-family dwelling units that contain more than two units but less than nine units shall have at least 5,400 square feet of land area for the first two units, plus an additional 400 square feet of land for each unit greater than two units and less than nine units.

3.

Nine units and greater. Units containing more than eight units shall have a minimum lot area in accordance with the following schedule:

d.

Lot width. None.

e.

Minimum setback requirements for principal use.

1.

Front yard: 25 feet;

2.

Side yard: Eight feet for single- and two-family units. Side yard, ten feet for three or more units and nonresidential uses;

3.

Rear yard: 25 feet (except corner lots);

4.

Corner side yard: 25 feet from all street lines;

5.

Corner interior side yard: Side yard shall be eight feet provided rear yard is 15 feet, or 15 feet provided rear yard is eight feet.

f.

Minimum setback requirements for accessory structures.

1.

Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;

2.

Side yard: Two feet plus the eave (except as provided in Section 42-363);

3.

Corner side yard: 25 feet from street lines;

4.

Rear yard: Two feet plus the eave.

g.

Green area. Twenty-five percent of the gross lot area shall be devoted to green area.

h.

Maximum building height. None.

Off-street parking shall be provided as regulated in Section 42-360.

(Code 1976, § 18.36.020; Ord. No. 2021-814, 2-22-2021)