Lewiston City Zoning Code
R-2 MULTI-FAMILY
RESIDENTIAL DISTRICT
§ 152.115 PERMITTED USES.
The following are permitted uses in the R-2 Multi-Family Residential District:
(A) Duplexes;
(B) Townhouses;
(C) Apartments;
(D) Condominiums;
(E) Public recreation including parks and playgrounds; and
(F) Essential services, including telephone, telegraph and power lines and necessary appurtenant equipment and structures.
(Prior Code, § 908.01)
§ 152.116 ACCESSORY USES FOR ONE- AND TWO-FAMILY HOMES.
Accessory uses are necessary to conduct above-described permitted uses, including garages, swimming pools, yards, playground equipment, storage buildings and facilities for housing pets outside of the principal residence. (All accessory use improvements must be compatible with adjacent residential development and must be rodent-proof.) All garages must be of a frame structure, have a cement floor with a permanent foundation and must be compatible with the existing adjacent residential development. Pole-type buildings shall be sided in a manner consistent with the primary structure. Pole-type structures must be constructed of new material (no recycled, old or previous building materials) consisting of vinyl or steel siding and shingles or steel roofing in a manner consistent with the primary structure with a height no taller than the primary structure.
(Prior Code, § 908.02)
§ 152.117 CONDITIONAL USES.
The following are conditional uses in the R-2 Multi-Family Residential District:
(A) Single-family residential units;
(B) Cemeteries, memorial gardens and funeral homes;
(C) Boarding or rental of rooms with a maximum of one roomer per unit;
(D) Group homes (as defined in the state statutes); provided sufficient supervision and other safeguards are provided to prevent danger to neighboring persons and property and occupants themselves from traffic hazards and the like;
(E) Funeral homes;
(F) Planned unit developments;
(G) Nursing homes, hospitals and sanitarium;
(H) Manufactured/mobile home parks (subject to all of the criteria specifically addressed in the mobile home section of this chapter);
(I) Zero lot line homes with either detached or common walls;
(J) Churches;
(K) Public and parochial schools;
(L) Day care facilities;
(M) Home occupations;
(N) Bed and breakfasts;
(O) Earth-sheltered homes (as defined in the state statutes); and
(P) Accessory uses for multiple-family buildings, including, but not limited to, private garages, swimming pools and storage buildings for use of the occupants of the multi-family structure.
(Prior Code, § 908.03)
§ 152.118 PERFORMANCE STANDARDS FOR CONDITIONAL USES IN GENERAL.
(A) All conditional uses shall meet specific performance standards found by the City Council to be necessary to adequately protect adjacent residential areas from noise, odor, glare of exterior lighting, vibration, smoke, dust, fumes and gases without odor.
(B) All uses shall make adequate provision for increased storm water diversion using natural drainage areas pursuant to ten-year flood capacity.
(C) Conditions of each permit shall address traffic burdens and access points on adjacent streets.
(D) No conditional use shall unduly contribute to additional litter or garbage which may blow or wash on to adjacent residential areas.
(E) All pets must conform to other ordinance regulations for cats, dogs and the like. No sheep, cattle, hogs, goats, poultry or llamas shall be considered household pets. No exotic animals such as tigers, lions and the like, regardless of age shall be considered as pets. Poultry, reptiles and foul in general must be housed indoors only to be considered household pets.
(Prior Code, § 908.04)
§ 152.119 GENERAL PERFORMANCE STANDARDS FOR CONDITIONAL USES.
All conditional uses may be subject to specific time periods which are renewable annually or at the end of the specific period stated in the permit to ensure compliance with the performance standards.
(Prior Code, § 908.05)
§ 152.120 PERFORMANCE STANDARDS FOR SPECIFIC CONDITIONAL USES.
(A) Home occupations. All home occupants shall avoid the general nuisance problems prohibited in § 152.119 by the general performance standards. In addition, all home occupations shall be undetectable outside of the home from adjacent residential areas, and in addition shall not create any electrical interference with radio, television or other transmissions ordinarily enjoyed in a single-family home. The home occupation may provide for a separate outside entrance; provided it is compatible with entrances for a single-family home in the area. No trucks delivering or parked on the premises shall be greater than a five-ton capacity unless such parked vehicles are stored completely within a garage compatible with the adjacent residential development.
(B) Bed and breakfast. There shall be no lighted signs visible after 10:00 p.m. from areas off of the sidewall immediately in front of the residence and no lighted signs in general outside of the principal residence itself. There shall be no parking lot greater than usual off-street parking requirements for residential areas. The design of the structure and any improvements thereto to accommodate the bed and breakfast use shall be compatible with existing adjacent residential buildings. Any general advertising sign to be placed on the front lawn or side of the residence itself shall be a conditional use permit in and of itself and shall be determined under the circumstances in character of the area at the time of application for the conditional use permit.
(C) Earth-sheltered homes. All earth-sheltered homes shall be reasonably compatible in design and structure to existing adjacent residential development.
(Prior Code, § 908.06)
§ 152.121 HEIGHT, YARD AND AREA REGULATIONS.
(A) Height regulations. Structures shall not exceed four stories or 45 feet in height, except that church spires, belfries, domes which do not contain useable space, water towers, chimneys or smoke stacks, cooling towers and elevated penthouses may be erected with no height limitations except airport requirements.
(B) Front yard regulations.
(1) There shall be a front yard having a depth of not less than 25 feet, except that for any building exceeding three stories in height, there shall be an additional front yard setback one foot for each foot the building exceeds the height of 30 feet.
(2) There shall be a front yard on each street side of a corner lot.
(C) Side yard regulations.
(1) For one- and two-family dwellings and their accessory buildings, each lot shall have two side yards, each such yard having a width of not less than 15 feet or 10% of lot width, whichever is less.
(2) For other buildings not exceeding three stories in height, there shall be two side yards, each such yard having a width of not less than 15 feet.
(3) For buildings exceeding three stories in height, there shall be two side yards and a back yard, each having a width of 15 feet, plus one foot for each one foot of building height over 30 feet.
(D) Rear yard regulations. Each lot shall have an unoccupied rear yard having a depth of not less than 40 feet, except that accessory buildings and uses as stipulated are allowed but shall be set back at least five feet from rear lot lines:
(1) Private garages and carports; and
(2) Private swimming pools when completely enclosed within a chain-link or similar fence five feet high, measured from the level of deck or top of pool sides, and equipped with locking gates.
(E) General yard regulations.
(1) Cornices, canopies and eaves cannot extend more than two feet, six inches into a required yard.
(2) Fire escapes may extend into a required front or rear yard a distance of not exceeding four feet, six inches.
(3) A landing place or uncovered porch may extend into a required front yard a distance not exceeding six feet if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three, feet six inches may be placed around such structure.
(4) No fences are allowed in front yards. No fences over six feet tall are allowed in back and side yards.
(5) On double frontage lots, the required front yard shall be provided on both streets.
(F) Lot size regulations.
(1) The minimum lot area per dwelling unit shall not be less than 2,000 square feet, except the public housing for the elderly projects and privately-sponsored private housing for the elderly projects built and occupied to the same standards, require only 1,000 square feet per dwelling unit.
(2) The minimum total lot area for a multiple dwelling structure shall not be less than 10,000 square feet.
(3) A lot for a multiple dwelling structure shall have a width of not less than 80 feet and a depth of not less than 125 feet. All corner lots shall have a minimum width of 100 feet.
(4) Not more than 35% of a lot or plot shall be occupied by buildings.
(Prior Code, § 908.07)
§ 152.122 PARKING REGULATIONS.
Off-street parking shall be provided on the premises, exclusive of required yards, for uses as follows:
(A) Apartments: one and one-half parking spaces for each apartment, except housing for the elderly projects, which shall provide three-tenths parking space for each dwelling unit; and
(B) Off-street parking shall be provided on the premises, exclusive of required yards, for uses as follows:
(1) Churches: one parking space for each four seated occupants, based on the design capacity of the main seating area; existing churches excluded;
(2) Elementary school: two parking spaces for each classroom;
(3) Junior and senior high school: one parking space for each classroom plus one parking space for each ten students, based on design capacity;
(4) Offices of professional persons: one parking space for each professional person;
(5) Hospitals: one parking space for each three beds; convalescent or nursing home: one parking space for each four beds; and
(6) Mobile home: two parking spaces for each mobile home unit.
(Prior Code, § 908.08)
§ 152.123 SIGN REGULATIONS.
(A) No sign shall be allowed except homeowner family name identification signs, real estate sale or lease signs, rummage sale signs, temporary signs which are removed within seven days of original placement, political signs, traffic regulatory or safety signs, emergency signs, signs denoting government or municipal facilities or establishments, or multiple-family or religious facility signs as regulated in this section.
(B) Multiple-family dwellings may have one wall sign per building not to exceed ten square feet in area, or one freestanding sign, not to exceed 20 square feet in area or ten feet in height from the landscaped ground level.
(C) Churches, synagogues and temples may have one freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than ten feet above ground level. Each facility may also have wall lettering identifying the denomination or type of public facility over an area not to exceed 25% of the surface area of the wall on which the lettering is placed. Crosses or other religious symbols shall not be included in calculating the maximum area of the lettering.
(Prior Code, § 908.09) Penalty, see § 10.99
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