There is established the R-3 multifamily residential zoning district and the standards and regulations by which certain land uses may be permitted therein.

(Ord. 876 §59, 1999: Ord. 285 §18, 1960).

The essential function of the R-3 multifamily residential zone is to provide for multifamily dwelling units with a maximum of 18.3 units per acre. The minimum lot size is eleven thousand square feet for two units and an additional two thousand square feet for every additional unit. It is intended that this zone be used to add to the variety of housing types and densities, and as an implementation tool for the comprehensive plan R-3, multifamily residential category.

(Ord. 876 §60, 1999: Ord. 650 §18, 1985: Ord. 285 §19, 1960).

The land uses permitted in the R-3 multifamily residential zoning district are as follows:

(1)

Multifamily residential structures containing two or more units;

(2)

Animals in accordance with MLMC Title 7, Animals;

(3)

Noncommercial gardening and fruit raising;

(4)

Signs in accordance with Chapter 17.39, Signs;

(5)

Fences and hedges in accordance to Chapter 17.40, Fences and Hedges;

(6)

Planned unit developments a minimum of two acres in size, in accordance with Chapter 17.34, Planned Unit Development;

(7)

Wireless communication service facilities in accordance to Chapter 17.52, Wireless Communications Facilities.

(Ord. 876 §61, 1999: Ord. 428 §1, 1974: Ord. 414 §1, 1974: Ord. 285 §20, 1960).

Permitted accessory uses shall be subject to the development standards and performance standards, outlined in this chapter unless otherwise in this chapter, or otherwise approved as part of a planned unit development. The following uses are permitted as an accessory use only in combination with a primary structure as permitted in above Section 17.24.030 and Section 17.24.050 when approved by the hearing examiner:

(1)

Indoor and outdoor recreational amenities located onsite and structures housing recreational amenities, only for the use of people onsite. Above or below ground outdoor private swimming pools shall be enclosed by a fence at least forty-eight inches high with a locking entry gate or otherwise in accordance with the International Building Code.

(2)

Outdoor patios and decks (covered and uncovered).

(3)

Home occupations in accordance with Chapter 17.45, Home Occupation Permit.

(4)

Per duplex residential unit: not more than one of the following accessory buildings provided in subsection (4)(A) of this section and one of the accessory buildings provided in subsection (4)(B) of this section and any combination of two of the accessory buildings provided in subsection (4)(C) of this section.

(A)

Attached garage or carport or structure that combines these two uses.

(B)

Detached garage or carport or work shop or structures that combine one or more of these uses.

(C)

Detached minor structure such as a storage building, gazebo, hot-tub enclosure, greenhouse or playhouse.

(5)

For multifamily structure containing three or more units: Attached and detached garages, carports, and onsite storage and/or maintenance type structure.

(Ord. 876 §62, 1999: Ord. 650 §19, 1985: Ord. 559 §6, 1981: Ord. 285 §21, 1960).

(Ord. No. 1027, § 18, 4-16-2013)

The following conditional uses may be permitted in the R-3 zoning district through a conditional use Permit as described in MLMC Chapter 17.48, Variances, Conditional Use Permits and Appeals.

(1)

Churches, schools, hospitals, and government;

(2)

Dependent care and special need housing;

(3)

Essential public facilities other than secure community transition facilities;

(4)

Community center.

(Ord. 929 §8, 2002: Ord. 876 §63, 1999).

(Ord. No. 1130, § 42, 11-19-2024)

Unless otherwise in this chapter, or otherwise approved as part of a planned unit development, all property uses permitted in the R-3 multifamily zoning district including primary, accessory and conditional at a minimum, shall conform to the following development standards:

(1)

Lot Size and Coverage.

(A)

The minimum lot size is eleven thousand square feet for two units and an additional two thousand square feet for every additional unit.

(B)

Minimum lot width is eighty feet at the building line, and having not less than sixty feet of street frontage.

(C)

Maximum lot coverage is forty-five percent.

(2)

Minimum Setback Requirements.

(A)

Front Yard. Minimum front yard setback is fifteen feet.

(B)

Interior Side Yard. Minimum interior side yard setback is five feet for structures thirty feet or less in height and ten feet for structures that exceed thirty feet in height.

(C)

Corner Side Yard. Minimum corner side yard setback is ten feet.

(D)

Rear Yard. Minimum rear yard setback is five feet, unless the rear yard is directly adjacent to a major arterial in which case fifteen feet is the required rear yard setback.

(E)

[Accessory Structures.] That portion of any structure (i.e. garage, carport, or dwelling) that is located adjacent to a driveway and/or other portion of property used for parking that is situated between said structure and a city street shall be set back a minimum distance of twenty feet.

(3)

Maximum Building Height of Forty Feet. The following types of structures or structural parts are not subject to the maximum building height limitation: aerials, chimneys, church spires, cupolas, domes, fire and hose towers; flagpoles, monuments, radio or television antennas, communication towers and associated antenna, water towers and other similar projections.

(4)

Off-Street Parking. In accordance with Chapter 17.36, Off-Street Parking.

(5)

[Landscaping.] Landscaping in accordance with Chapter 17.40, Landscaping.

(Ord. 876 §64, 1999).

(Ord. No. 1027, § 19, 4-16-2013)

Unless otherwise approved as part of a planned unit development, all two-family duplex dwellings shall meet the following provisions as a minimum standard:

(1)

Minimum Floor. The minimum square feet of floor area, as measured around the perimeter of the structure, not to include an attached garage or other attached accessory use shall be as follows:

(A)

Single-story residential duplex structure: not less than one thousand square feet.

(B)

Two or more level residential duplex structures: not less than one thousand square feet.

(C)

Two-story and taller, residential duplex structure: not less than eight hundred square feet on each story; provided that if the main floor has not less than one thousand square feet, no minimum footage shall be required on the other story(ies).

(2)

Width. The minimum width of the main body of the duplex, as assembled on the site, shall not be less than twenty-four feet, as measured across the narrowest portion.

(3)

Foundation. A permanent, perimeter masonry, wood or concrete foundation shall be required.

(4)

Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl or other comparable materials. The exterior siding material shall extend to the top of the foundation.

(5)

Roof. The following minimum roof standards shall apply:

(A)

Roof construction shall be fused together with, and completely supported by the primary structure.

(B)

Roof materials shall be composed of tile, asphalt, metal or similar product conforming to the International Building Code.

(Ord. 876 §64, 1999).

(Ord. No. 1027, § 20, 4-16-2013)

Unless otherwise approved as part of a planned unit development, all multifamily structures containing three or more units as provided by this chapter shall meet the following provisions as a minimum standard:

(1)

Minimum Floor. The minimum square feet of floor area, as measured around the perimeter of the structure, not to include an attached garage or other attached accessory use shall be as follows:

(A)

Single-story structure: not less than one thousand three hundred square feet.

(B)

Two or more level structure: not less than one thousand three hundred square feet.

(C)

Two-story and taller, structure: not less than one thousand square feet on each story; provided, that if the main floor has not less than one thousand three hundred square feet, no minimum footage shall be required on the other story(ies).

(2)

Width. The minimum width of the main body of the structure shall not be less than twenty-four feet, as measured across the narrowest portion.

(3)

Foundation. A permanent, perimeter masonry, wood or concrete foundation shall be required.

(4)

Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl or other comparable materials. The exterior siding material shall extend to the top of the foundation.

(5)

Roof. The following minimum roof standards shall apply:

(A)

Roof construction shall be fused together with, a completely supported by the primary structure.

(B)

Roof materials shall be composed of title, asphalt, metal or similar product conforming to the International Building Code.

(C)

Roof pitch shall be not less than three feet of fall/rise for every twelve feet of run (3:12).

(D)

Roof overhang shall provide a minimum overhang of six inches.

(6)

[Cornices, Eaves, Gutters, Sunshades.] Cornices, eaves, gutters, sunshades and other similar architectural features may project not more than two feet into a required yard (setback). Chimneys and gas fireplace exhaust vents may project eighteen inches into a required yard.

(Ord. 876 §66, 1999).

(Ord. No. 1027, § 21, 4-16-2013)

Unless otherwise approved as part of a planned unit development. Those accessory uses and standards specifically outlined in this section shall apply;

(1)

An attached garage, or carport or structure that combines these two uses as permitted by this chapter shall meet the following provisions as minimum standards:

(A)

Minimum Floor. The structure shall not be less than two hundred fifty square feet in floor area per residential unit served.

(B)

Maximum Floor. The structure may be constructed up to a maximum of one thousand two hundred square feet in floor area provided that the total floor area of the attached garage, carport or combination structure does not exceed eighty percent of the total floor area of the residential unit served.

(C)

Width. The minimum width of the structure as assembled on the site shall not be less than twelve feet, as measured across the narrowest portion.

(D)

Foundation. A permanent, perimeter masonry or concrete foundation shall be required matching that of the primary residence.

(E)

Siding and Roofing. Siding and roofing materials shall be matching in color and composition to those of the primary dwelling. Additionally, subsections 17.24.070(5)(A) through (D) of this chapter shall apply.

(F)

[Cornices, Eaves, Gutters, Sunshades.] Subsection 17.24.070(6) of this chapter shall apply.

(G)

Height. The maximum height shall not exceed that of the residential structure served.

(2)

A detached garage, or carport or workshop or a structure combining one or more of these three uses as permitted by this chapter shall meet the following provisions as minimum standards:

(A)

Minimum Floor. Structures shall be not less than one hundred twenty-one square feet in floor area per residential unit served.

(B)

Maximum Floor. Structure may be constructed up to a maximum of one thousand square feet in floor area provided that the total floor area of the structure does not exceed eighty percent of the total floor area of the residential unit served.

(C)

Siding. Siding materials shall be similar in color to those of the primary dwelling.

(D)

Roofing. Subsections 17.20.070(5)(A) through (C) of this chapter shall apply.

(E)

[Cornices, Eaves, Gutters, Sunshades.] Subsection 17.20.070(6) of this chapter shall apply.

(F)

Height. The maximum height shall not exceed that of the residential structure served.

(G)

Rear Yard. Minimum rear yard setback is five feet.

(3)

A detached minor structure such as a storage building, gazebo, hot-tub enclosure, greenhouse or playhouse as permitted by this chapter shall meet the following provisions as minimum standards:

(A)

Maximum Floor. Structure shall not exceed a maximum one hundred twenty square feet in floor area.

(B)

Height. The maximum height shall not exceed fifteen feet.

(C)

Location Prohibited. Structure shall not be located within a front yard.

(D)

Location Permitted. Structure may be located in rear and side yards provided that a minimum five-foot setback is maintained in both the side and rear yards. When located in a side yard the structure shall be enclosed behind a sight-obscuring fence and/or buffered behind sight-obscuring landscape materials, with screening to be situated between the structure and the front yard. All screening materials (fence and landscaping) shall be at least sixty inches in height. When located closer than six feet from a residential type structure a "fire wall" and/or "protected opening" standard of construction shall be required in accordance to the International Building Code.

(Ord. 876 §67, 1999).

(Ord. No. 1027, § 22, 4-16-2013)

Unless otherwise approved as part of a planned residential development, all multifamily structures containing three or more units and all multifamily structures that incorporate professional office space and professional office buildings as provided by this chapter shall meet the following provisions as a minimum standard:

(1)

Attached garage, carport, storage, maintenance, and/or structure that combines these uses as permitted by this chapter shall meet the following provisions as minimum standards:

(A)

Minimum Floor. The structure shall be not less than two hundred fifty square feet in floor area.

(B)

Maximum Floor. The structure may be up to a maximum floor area not to exceed eighty percent of the total floor area of the permitted primary structure or structures served.

(C)

Foundation. A permanent, perimeter masonry or concrete foundation shall be required matching that of the primary structure or structures.

(D)

Siding and Roofing. Siding and roofing materials shall be matching in color and composition to those of the primary structure(s). Additionally, subsections 17.24.070(5)(A) through (D) of this chapter shall apply.

(E)

Subsection 17.24.070(6) of this chapter shall apply.

(F)

Height. The maximum height shall not exceed that of the primary structure(s) served.

(2)

A detached garage, carport storage, maintenance, and/or structure combining one or more of these uses as permitted by this chapter shall meet the following provisions as minimum standards:

(A)

Minimum Floor. The structure shall be not less than two hundred fifty square feet in floor area.

(B)

Maximum Floor. The structure may be up to a maximum floor area not to exceed eighty percent of the total floor area of the permitted primary structure or structures served.

(C)

Siding. Siding materials shall be similar in color to those of the primary dwelling.

(D)

Roofing. Subsections 17.24.070(5)(A) through (C) of this chapter shall apply.

(E)

Subsection 17.24.070(F) of this chapter shall apply.

(F)

Height. The maximum height shall not exceed that of the residential structure served.

(G)

Rear Yard. Minimum rear yard setback is five feet.

(Ord. 876 §68, 1999).

Unless otherwise approved as part of a planned residential development or by the hearing examiner only when in conjunction with a special use permit for structures, housing, recreational amenities for the use of persons onsite, shall meet the following standards:

(1)

Attached.

(A)

Foundation. A permanent, perimeter masonry, wood, or concrete foundation shall be required matching that of the primary structure.

(B)

Siding and Roofing. Siding and roofing materials shall be matching in color and composition to those of the primary structure(s).

(C)

Subsection 17.24.070(6) of this chapter shall apply.

(D)

Height. The maximum height shall not exceed forty feet.

(2)

Detached.

(A)

Siding and Roofing. Siding and roofing materials shall be similar in color to those of the primary structure(s).

(B)

Subsection 17.24.070(6) of this chapter shall apply.

(C)

Height. The maximum height shall not exceed forty feet.

(Ord. 876 §69, 1999).

All outdoor trash or refuse containers serving multifamily projects shall be screened on all sides from public view by a minimum five and one-half foot high wall or solid fence.

(Ord. 876 §70, 1999).

(Ord. No. 1027, § 23, 4-16-2013)

All substandard lots created prior to January 1, 1984 shall be exempt from the minimum lot size, minimum street frontage, and minimum lot width requirements set forth in this chapter.

(Ord. 876 §71, 1999).