The R-4 District is intended to provide for medium and high-density multi-family residential development, with gross densities generally above eighteen (18) units per acre. These developments may be in single or multiple structure configurations. The District's regulations are designed to provide for good quality living environments that provide adequate light and open space for high-density settings. The District is appropriate for high-rise apartment development or for adaptive reuse of existing buildings outside of the Kearney Center area.

(Ord. No. 6864, 3-12-2002)

Note 1: Townhouse Development

1.

No more than eight (8) units may be attached in a single townhouse structure within an R-4 District. A single townhouse structure may be subdivided if it meets the requirements of Note 5: Minor Subdivisions for Residential Development.

2.

The common wall setback between any two (2) townhouse units may be zero (0) provided such wall is built in accordance with the current edition of the International Residential Code.

3.

A minimum thirty (30) feet of separation shall be maintained between any two (2) adjacent structures containing townhouse units. Such open area may be considered and platted as common areas or common open spaces.

4.

Front yards and street side yards on a private drive or access easement, shall meet the minimum site development regulator for utilizing a masonry material, including brick, split-faced concrete masonry units, building stone, or simulated building stone. Rear yards and interior yards abutting private drives or access easements do not require the enhanced materials.

5.

No more than two (2) connected units may have the same front yard.

Note 2: Zero (0) Lot Line Development

Within a common development, one (1) interior side yard setback may be equal to zero (0) for single-family detached residential use if:

1.

The side yard opposite to the zero (0) yard setback must equal at least twice the normal required minimum side yard setback.

2.

The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero (0) lot line use.

3.

An easement for maintenance of the zero (0) lot line façade shall be recorded on the plat or filed by separate instrument prepared and recorded by the developer with the appropriate County Register of Deeds, with a copy of the recorded easement provided to the City Clerk, and the Building Official at the time of application for a building permit.

Note 3: Flexible Yard Setbacks in Planned Districts

1.

The Planning Commission and City Council may vary required site development regulations in Development Districts.

2.

The setback from the front facade of a garage to any public or private street right-of-way or access easement (including the boundary of sidewalks), must be a minimum of twenty (20) feet.

3.

Projects developed with a private drive or access easement require a Planned Development District Plan.

4.

Front yards and street side yards on a private drive or access easement, shall meet the minimum setback requirement.

Note 4: Common Areas or Common Open Spaces

1.

The City shall not be responsible for maintenance or management of any common areas or common open spaces unless approved by City Council.

2.

Common areas or common open spaces shall be managed or maintained by the developer or property owner or homeowner's association.

3.

Common areas or common open spaces shall be noted on the plat with associated responsible parties.

Note 5: Minor Subdivisions for Residential Development

A minor subdivision for residential lots (Duplexes or Townhouses) may be approved provided it meets the requirements of Chapter 53 and the resulting parcels meet the following requirements:

1.

The subdivided parcels shall have a minimum lot area and a minimum lot width that meets the R-4 Single-Family Attached site development regulations.

2.

The common wall setback between the two (2) units may be zero (0) provided such wall is built in accordance with the adopted edition of the International Residential Code.

3.

Off-street parking for each resulting unit shall be provided on the same resulting lot as the unit. Off-street parking shall meet the minimum requirements as stated in Chapter 49, Off-Street Parking.

4.

Public water and sewer shall be independent to each resulting unit. The separate unit sewers shall connect to the public sewer in the public right-of-way. A separate water tap shall be provided for each unit.

Note 6: Multi-Family Development

1.

Minimum lot area is calculated by number of housing units within the multi-family development.

2.

A minimum thirty (30) feet of separation shall be maintained between any two (2) adjacent structures containing multi-family units. Such open area may be considered and platted as common areas or common open spaces.

3.

Front yards and street side yards on a private drive or access easement shall meet the minimum site development regulator for utilizing a masonry material, including brick, split-faced concrete masonry units, building stone, or simulated building stone. Rear yards and interior yards abutting private drives or access easements do not require the enhanced materials.

(Ord. No. 6864, 3-12-2002; Ord. No. 6964, 6-10-2003; Ord. No. 7253, 4-11-2006; Ord. No. 7383, 10-9-2007; Ord. No. 8089, 7-12-2016; Ord. No. 8592, § 1, 8-9-2022)

A.

Group residential uses, including fraternity and sorority houses, must provide at least four hundred (400) square feet of site area per resident.

B.

See 47-105 B for additional accessory building requirements.

(Ord. No. 6864, 3-12-2002; Ord. No. 8232, § 2, 4-24-2018)