No land, body of water and/or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, reconstructed, or moved or structurally altered or maintained for any purpose in an RU-3 District, unless otherwise provided herein, excepting for one or more of the following uses:

(1)

Every use permitted in RU-1, RU-1M(a), RU-1M(b) and RU-2 Districts.

(1.1)

Workforce housing units in compliance with the provisions of Article XIIA of this Code.

(2)

Rooming houses only in accordance with the following:

(i)

Administrative site plan review is required.

(ii)

Where the only residential building on a lot is a rooming house, the maximum number of residents allowed shall be 14, provided that the building contains no more than one cooking area.

(iii)

Where an individual dwelling unit of a residential lot with two or more dwelling units is used as a rooming house, the maximum number of residents allowed in the rooming house unit shall be 3; provided that, where multiple units on a single lot are used as rooming houses, a rooming house unit may have up to 5 residents so long as the average number of residents living in rooming house units is 3 or less.

(3)

Day nurseries serving the adjacent neighborhood.

(4)

Garage apartments.

(5)

Churches, schools, colleges and universities, including dormitories.

(6)

Not more than four (4) families shall occupy a building in an RU-3 District.

(6.1)

Multiple family housing developments. Multiple family housing developments on sites zoned RU-3 prior to November 13, 2005 shall be permitted only after staff review of the site plan to ensure compliance with (i) the following, and (ii) with the site plan review criteria contained within Section 33-203.7, except that interior side setbacks and spacing requirements shall not apply.

(a)

Housing types and building facades. The development shall contain either a minimum of 3 housing types, or where a single housing type is proposed, the model plans shall include a minimum of 4 different building facades.

(b)

Minimum lot area. The minimum size of the site to be developed shall be 2 net acres.

(c)

Lot coverage. The maximum area covered by all buildings on the site shall be 30% of the site, including accessory buildings.

(d)

Setback requirements. The setbacks shall be as follows:

(1)

Minimum setback from front property line shall be 25 feet.

(2)

Minimum setback from interior side property line shall be 20 feet.

(3)

Minimum setback from side street property line shall be 25 feet.

(4)

Minimum setback from rear property line shall be 25 feet.

(5)

Minimum spacing between buildings shall be 20 feet, except where doors, windows or other openings in the building wall of a living unit face a wall of the same building or a wall of another building on the same site, then there shall be provided a minimum clear distance of not less than 30 feet. Said distance shall be measured on a line projected at right angles at the opening to the opposite wall. Cantilevers and open porches may project from the building wall into the required open space of the courtyard only not more than 4 feet and that stairways may project from the building wall in to the required open space of the courtyard only not more than 7½ feet. When located in the required open space of the courtyard, stairways shall be supported by the necessary columns only; support by a wall is strictly prohibited.

(6)

Minimum setbacks for accessory buildings shall conform to the same requirements as provided for accessory buildings in the RU-1 District.

(e)

Height. No building or structure, or part thereof shall be erected or altered to a height exceeding 3 stories, and shall not exceed 40 feet.

(f)

Floor area ration (FAR). The floor area ratio shall not exceed the following:

(g)

Maximum number of dwelling units. The maximum number of dwelling units shall be 23 dwelling units per net acre.

(h)

Open space. On each site there shall be provided an open space equal to at least 25 percent of the net lot area; said space shall be unencumbered with any structure or off-street parking and shall be landscaped and well maintained with grass, trees and shrubbery. Areas used as (i) pedestrian walks and (ii) the throat of ingress and egress drives consisting of the first 25 feet of said ingress and egress drives shall be accredited towards open space requirements.

(i)

Parking. Parking shall be provided in accord with Article VII of this Code. Attached individual garages shall not be credited towards parking requirements. Accessory structures shown on the plan as covered parking areas shall not be enclosed for nonparking purposes. This requirement shall be acknowledged in the form of a recordable declaration of restrictive covenant which shall be provided for each multiple family housing development constructed in accordance with the provisions of the subsection.

(j)

Trees. Landscaping and trees shall meet or exceed the minimum requirements provided in Chapter 18A of this Code.

(k)

Enclosed community prohibited. The walling off of the community from arterial roadways shall be prohibited. Entrance features which control ingress and egress shall be prohibited. Relief from this requirement may only be permitted pursuant to the standards and requirements of Section 33-311(A)(4)(a) of this Code.

(7)

Community residential home. A community residential facility as defined in Section 33-1 shall be permitted in a dwelling unit upon establishing the following:

(a)

That the operation of the community residential home be licensed by the State of Florida and that the facility operate in accordance with applicable state statutes, rules, and regulations, including, but not limited to, those pertaining to emergency and pandemic preparedness and response so as to ensure the health and safety of facility residents and staff;

(b)

That the community residential home not be located within a radius of 1,200 feet of another existing, unabandoned legally established community residential home or group home in a multi-family zone. The applicable distance shall be measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use;

(c)

That the community residential home conform to existing zoning regulations applicable to other multiple family uses permitted by this section;

(d)

That the sponsoring agency of the community residential home notify the Director in writing of its intention to establish and facility. Such notice shall contain the address and legal description of the site, the number of resident clients, as well as a statement from the state agency indicating the need for and licensing status of the proposed facility. Absence of this notification and statement shall prohibit the use and occupancy of any structure for use as a community residential home; and

(e)

Nothing in this section shall permit persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in the substantial physical damage to the property of others.

All uses listed above shall conform to all the requirements listed in the applicable sections that apply to the four-unit apartment building, except that RU-1 and RU-2 standards shall apply to RU-1 and RU-2 uses, and except that schools, churches, colleges and universities, including dormitories shall conform to the setback requirements of the section on buildings for public assemblage, and further provided that day nurseries, private schools, private colleges and universities shall comply with the requirements of sections 33-151.11 through 33-151.22 of this Code.

(Ord. No. 57-19, § 10, 10-22-57; Ord. No. 91-51, § 4, 5-7-91; Ord. No. 91-81, § 1, 7-23-91; Ord. No. 95-135, § 11, 7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 02-46, § 4, 4-9-02; Ord. No. 05-189, § 1, 11-3-05(3); Ord. No. 07-05, § 6, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 19-50, § 6, 6-4-19; Ord. No. 20-110, § 4, 10-6-20)

All development shall be reviewed in accordance with Section 33-310.4.

(Ord. No. 19-51, § 9, 6-4-19)

Editor's note— Ord. No. 19-51, § 9, adopted June 4, 2019, repealed the former § 33-203.1, and enacted a new § 33-203.1 as set out herein. The former § 33-203.1 pertained to site plan review and derived from Ord. No. 05-189, § 3, adopted Nov. 3, 2005 and Ord. No. 18-134, § 5, adopted Nov. 8, 2018.

Editor's note— Ord. No. 19-51, § 10, adopted June 4, 2019, repealed § 33-203.2, which pertained to site plan review criteria and derived from Ord. No. 05-189, § 3, adopted Nov. 3, 2005.