Zoneomics Logo
search icon

Kirtland City Zoning Code

CHAPTER 1270

R-5 MULTIFAMILY DWELLING DISTRICTS

§ 1270.01 PURPOSE.

   Multifamily Dwelling Districts are established in order to achieve among others the following purposes:
   (a)   To provide for residential development at higher densities than for one and two family dwellings;
   (b)   To locate the development of multifamily dwellings close to community facilities and services;
   (c)   To protect the desirable characteristics of existing and planned residential development;
   (d)   To be accessible to existing and planned public water supply and sanitary sewers;
   (e)   To regulate density and distribution of population in accordance with a plan to avoid congestion;
   (f)   To provide protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic and other objectionable influences;
   (g)   To regulate multifamily development that will restrict overcrowding of the land and provide for proper light, air, privacy and usable open space; and
   (h)   To promote the most desirable and beneficial use of the land based upon the Comprehensive Plan.
(Ord. 10-O-35, passed 7-12-2010)

§ 1270.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in residential districts only for the uses set forth in the schedules and use regulations of this Zoning Code.
   (a)   The main buildings and uses set forth in the schedule, § 1270.03, shall be permitted by right as the principal building or use of a zoning lot only in a district in which it is specifically permitted.
   (b)   Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council according to procedures and standards set forth in Chapter 1285. Only those uses so enumerated in the schedule, § 1270.03, may be approved in the specific districts.
   (c)   The accessory buildings and uses set forth in the schedule, § 1270.03, shall be permitted as a subordinate building or use, which is clearly incident to and located on the same zoning lot as the main building or use, and shall be located only in a district in which it is specifically permitted.
(Ord. 10-O-35, passed 7-12-2010)

§ 1270.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.

 
Main Buildings or Uses
Conditional Uses
Accessory Uses
(a)   Main uses permitted in R-l Districts
(a)   Conditional uses permitted in R-l Districts
(a)   Home occupations
(b)   Multifamily dwellings
(b)   Nursing home
(b)   Accessory buildings
(c)   Assisted living facility
(c)   Swimming pools
(d)   Independent living facility
(d)   Off-street parking
(e)   Public utility
(e)   Signs
(f)   Private garden structures, fences, walls and hedges.
 
(Ord. 10-O-35, passed 7-12-2010)

§ 1270.04 ACCESSORY USES.

   Accessory uses shall be limited to the following:
   (a)   Home occupations as regulated in § 1268.04(a).
   (b)   Accessory buildings for townhouse or apartment developments for the storage of recreational equipment, garden tools and other maintenance equipment.
   (c)   Swimming pools for the use of residents in the multifamily development. Pools shall be located and maintained as provided in § 1268.04(c).
   (d)   Off-street parking as permitted and as regulated in Chapter 1288.
   (e)   Signs as permitted and as regulated in Chapter 1285.
   (f)   Private gardens, structures, fences, walls and hedges as permitted and as regulated in Chapter 1290.
(Ord. 10-O-35, passed 7-12-2010)

§ 1270.05 AREA, YARD AND HEIGHT REGULATIONS.

   Land and buildings shall be used in accordance with the lot area regulations and buildings shall be designed, erected, altered or maintained in accordance with the yard and building height regulations set forth in the following section.
(Ord. 10-O-35, passed 7-12-2010)

§ 1270.06 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS.

 
Minimum
Minimum Lot Width
Maximum Percent
Minimum Yard Requirement
Dwelling Type
Lot Area/ Unit (s.f.)
Development Area
At Building Line (feet)
At Street (feet)
Lot Coverage Main & Accessory
Front (a) (feet)
Side (feet)
Rear (feet)
Height (stories)
Min.
Total
One Family and Two Family
As permitted and as regulated in R-1 Districts
One Family Detached (cluster)
8,000
1 acre
100
80
30
25
5
15
40
2
Townhouse
One Family Attached
6,000
2 acres
150
100
30
25
5
15
40
2
Apartment
4,000
2 acres
150
100
30
20
10
30
40
2
 
(a)   Corner lots shall have a setback from the second street not less than required for the front yard.
(Ord. 10-O-35, passed 7-12-2010; Am. Ord. 12-O-44, passed 9-17-2012)

§ 1270.07 YARDS FOR ACCESSORY BUILDINGS AND USES.

Building or Use
Minimum Required Yard (feet
Front
Side
Rear
Adjacent to
Adjacent to
R-3, R-2, R-1 Districts
Other Districts
R-3, R-2, R-1 Districts
Other Districts
Building or Use
Minimum Required Yard (feet
Front
Side
Rear
Adjacent to
Adjacent to
R-3, R-2, R-1 Districts
Other Districts
R-3, R-2, R-1 Districts
Other Districts
(a)   Accessory building
Not permitted
20
10
20
10
(b)   Swimming pool
Not permitted
30
15
30
15
(c)   Off-street parking
   (1)   parking garage*
Not permitted
20
10
20
10
   (2)   parking space**
10
20
10
20
10
   (3)   aisle, drive**
10
20
10
20
10
 
*   Parking garage may be attached to building or shall be not less than 25 feet from a residential building.
**   Parking spaces, aisles and drives shall be not less than 20 feet from a building wall.
(Ord. 10-O-35, passed 7-12-2010)

§ 1270.08 DWELLING UNIT AREA REQUIREMENTS.

   Multifamily dwelling units shall contain minimum gross floor area of living space per dwelling unit, exclusive of porches, balconies, basements, utility and general storage rooms, common halls, stairways and garages, measured from the interior face of exterior walls and partition walls between units, as follows:
 
Type of Dwelling Unit
Area (sq. ft.)
Efficiency apartment (no separate bedroom)
500
One bedroom
700
Two bedroom
850
Each additional bedroom
200
 
   The following percentage of dwelling units shall not be exceeded:
 
Type of Dwelling Unit
Percentage of Total Dwelling Units
Efficiency apartment (no bedroom)
50
One bedroom
75
Two bedroom
50
Three or more bedroom
25
 
(Ord. 10-O-35, passed 7-12-2010)

§ 1270.09 SITE DESIGN STANDARDS.

   Each site shall be developed according to the design standards provided in Chapter 1284, Site Design Standards.
(Ord. 10-O-35, passed 7-12-2010)

§ 1270.10 DEVELOPMENT PLANS REQUIRED.

   Each zoning application for a new multifamily dwelling shall include a development plan as provided in Chapter 1262, Administration, Enforcement and Penalty.
(Ord. 10-O-35, passed 7-12-2010)