To provide for multiple-family high density residential with an opportunity for varied housing styles and character. (Ord. 07-30 § 2)

   A.   All uses and structures contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning Department.

   B.   The following uses are permitted in the R-M-25 Zone:

 

   C.   Accessory uses and structures which are customarily incidental to the above and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

      Accessory buildings such as garages, carports, bathhouses, private satellite antennas, private greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with the principal use or structure.

      Home occupations subject to the regulations of the business licensing procedures of the City.

      Household pets, provided there shall be no more than two (2) such pets over the age of four (4) months per dwelling unit. Nothing herein shall be construed as authorizing the keeping of any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property.

      Private swimming pools, tennis courts, sports courts, and other similar private recreational uses.

      Storage of materials used for construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto and provided further that such use shall be permitted only during the construction period and thirty (30) days thereafter.

      Vegetable/flower gardens and noncommercial orchards. (Ord. 25-31: Ord. 17-03: Ord. 07-30 § 2)

The following uses and structures are permitted in the R-M-25 Zone only after a conditional use permit has been approved by the Planning Commission and subject to the terms and conditions thereof:

 

Accessory uses and buildings customarily incidental to the above. (Ord. 16-41: Ord. 07-30 § 2)

   A.   The minimum lot area of any lot or parcel of land shall be eight thousand (8,000) square feet for each single-family dwelling. For each duplex, the minimum lot area of any lot or parcel shall not be less than ten thousand (10,000) square feet. Density for more than two (2) units shall be calculated according to the area of the lot or parcel at the rate of twenty two (22) units per acre. Where the calculation results in a fraction, the number of units will be rounded downward to the next whole number below 0.50 and rounded upward to the next whole number at 0.50 and above.

   B.   To achieve densities greater than twenty two (22) units per acre in increments up to a maximum of twenty five (25) units per acre requires compliance with the requirements found in chapter 17.132 of this title. (Ord. 07-30 § 2)

Lots or parcels of land which legally existed or were created by a final plat approval prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this chapter. (Ord. 07-30 § 2)

The following minimum yard requirements shall apply:

   A.   Front Yard: The minimum depth of the front yard shall be twenty five feet (25') for any structure in this zone. On a corner lot, the front of the main dwelling shall maintain the required minimum front yard setback. Using side yard setbacks in front yard areas will not be allowed on corner lots.

   B.   Side Yard: The minimum side yard for any dwelling shall be eight feet (8'), and the total width of the two (2) required side yards shall not be less than twenty feet (20').

   C.   Side Yard; Corner Lot: On corner lots, the side yard contiguous to the street shall not be less than twenty feet (20') and shall not be used for vehicle parking, except such portion as is devoted to driveway uses for access to a garage or carport.

   D.   Side Yard; Driveway: When used for access to a detached garage or carport to be used by one dwelling, a side yard shall be wide enough to provide an unobstructed twelve foot (12') paved driveway. When used for access to a parking area to be used by more than one dwelling, a side yard shall be wide enough to provide an unobstructed twenty five foot (25') wide driveway.

   E.   Rear Yard: The minimum depth of the rear yard shall be twenty five feet (25').

   F.   Rear Yard; Accessory Buildings: Accessory buildings located at least six feet (6') to the rear of the main building may have a minimum rear yard of one foot (1'), provided no accessory building shall be located closer than ten feet (10') to a dwelling on an adjacent lot and provided that the building may not encroach upon a public utility easement. Said accessory buildings must have adequate facilities for the discharge of all roof drainage onto the subject property and must meet all city fire and building codes.

   G.   Area Of Accessory Buildings: No accessory buildings nor group of accessory buildings in any residential district shall cover more than twenty five percent (25%) of the rear yard area.

   H.   Side Yard; Accessory Buildings: Accessory buildings and structures are permitted to occupy side yards. Such buildings and structures must comply with this chapter's setback requirements for dwellings and have adequate facilities for the discharge of all roof or other drainage onto the subject property and meet all city fire and building codes. Accessory buildings and structures shall be compatible with the exterior color and materials of the dwelling or shall utilize earthen tones.

   I.   Height: An accessory structure may consist only of a one-story building and may not exceed twenty feet (20') to the peak of the roof.

   J.   Determination: The community & economic development director shall determine what constitutes an accessory use, building, or a structure as those terms are used in this title, and a person aggrieved by that determination may appeal to the appeal authority as provided by law.

(Ord. 21-19: Ord. 19-38 § 2: Ord. 07-30 § 2)

   A.   The following structures may project into a minimum front or rear yard not more than four feet (4'), and into a minimum side yard not more than two and one-half feet (21/2'):

      1.   Cornices, eaves, sills, buttresses or other similar architectural features;

      2.   Fireplace structures and bays;

      3.   Stairways, balconies, door stoops, fire escapes, awnings, skylights and planting boxes or masonry planters not exceeding twenty four inches (24") in height.

   B.   Any permanent roof or canopy attached to the main building which covers a use customarily recognized as an open, outdoor use, such as a patio, patio deck, hot tub, etc., and any uncovered deck attached to the main dwelling may extend into the rear yard no further than one-half the required rear yard setback distances, and into a front yard not more than seven (7) feet, if the following criteria are met:

      1.   The roof or canopy is not more than one (1) story in height.

      2.   The roof or canopy is no longer than one-half (1/2) the width of the main dwelling on which it is located.

      3.   The roof or canopy is entirely open on three (3) sides except for supporting columns and customary architectural features.

      4.   The columns supporting the roof or canopy are constructed on individual pad footings or similar design, and not on a continuous footing wall that could be used for future expansion of living space.

      5.   In no instance may the additions encroach to within less than twenty (20) feet of a front or street side yard property line, or to within less than ten (10) feet of a rear property line. (Ord. 25-30 § 2: Ord. 07-30 § 2)

Building height will be determined by the planning commission for conditional uses, except no building shall be erected to a height greater than forty feet (40'), and no dwelling structure shall be erected to a height less than one story. Chimneys, flagpoles, church steeples and similar structures not used for human occupancy are excluded in determining height. Public and quasi- public buildings, when authorized, may be erected to a height greater than the height limit by conditional use permit. (Ord. 07-30 § 2)

Satellite antenna shall be set back from property lines as an accessory building. No antenna can exceed an overall diameter of twelve feet (12') or an overall height of fifteen feet (15') above existing grade. An antenna must be permanently ground mounted and no antenna may be installed on a portable or movable structure such as a trailer. (Ord. 07-30 § 2)

All buildings, including accessory buildings and structures, shall not cover more than forty percent (40%) of the area of the lot or parcel of land. (Ord. 07-30 § 2)

   A.   Except as otherwise provided in chapter 17.72 of this title, the number of paved off street parking spaces for multiple-family residential will be as follows:

Two and one-half (2.5) parking spaces for each dwelling unit. Two (2) parking spaces shall be designated parking stalls for each dwelling unit. The additional one-half (1/2) parking space requirement shall be combined for all units and used for visitor parking. Visitor parking shall be clearly marked.

   B.   At least one of the parking spaces required above shall be a designated covered parking stall for each dwelling unit.

   C.   The planning commission may require more off street parking to accommodate parking for recreational vehicles. This additional requirement must be based upon, but not limited to, the following criteria:

      1.   Size of development;

      2.   Size of individual units;

      3.   Number of individual units;

      4.   Market value of individual units;

      5.   Occupancy mix of individual units. (Ord. 07-30 § 2)

   A.   Apartment developments designated and intended for the exclusive occupancy of persons and couples sixty (60) years of age and older may be granted special allowances to the required density, parking provisions, and building height in the R-M-25 zone as follows:

      1.   Terms Defined: For purposes of this subsection A, "congregate care facility" means an elderly persons apartment development where private living quarters are combined with centralized dining services, shared living spaces and access to social and recreational activities. "Congregate care unit" means any unit within an elderly persons apartment development characterized by congregate care living arrangements.

      2.   Density: The maximum allowable density for elderly apartments is twenty five (25) units per acre based on the following unit equivalencies:

 

 

      3.   Parking: The number of paved off street parking spaces for elderly apartments shall be as follows:

 

 

At least one-half (1/2) of the parking spaces required above shall be covered parking and reserved for residents of the development. Total parking stalls required to be paved and covered may be reduced subject to the planning commission making the following findings:

         a.   All required parking has been provided for on the site, whether or not all spaces will be paved and covered;

         b.   The proposed tenant mix will not use the total required spaces due to reduced ownership and operation of personal vehicles. Such finding shall be based on the age, ambulatory ability, and living arrangements (i.e., required meals, on site care, etc.) of the proposed tenants;

         c.   The developers and/or operators certify that a private bus service for tenants will be provided as part of the tenant amenities of the project;

         d.   The developers and/or operators agree to pave any parking so reduced should the planning commission find, after further review and at any future time, that the findings made above have changed.

The planning commission may authorize up to a twenty five percent (25%) reduction in required paved and covered stalls. Notwithstanding, space for all required stalls not paved or covered shall be reserved in landscaped open space on site. A plan showing all paved and reserved spaces shall accompany final building plans.

      4.   Height: Building height may not exceed forty five feet (45') beyond one hundred foot (100') setback.

   B.   Elderly apartment developments shall be considered under the conditional use permit process in chapter 17.56 of this title. Such conditional use permits shall be granted for the explicit use for elderly apartments. If any such conditionally permitted development ceases to operate as an elderly apartment development or ownership changes, such conditional use permit must be reapplied for by any new developers and/or operators for continued use as elderly apartments or must be retrofitted to comply with density and parking requirements for standard multiple-family developments under this title. (Ord. 07-30 § 2)