This R-3 multiple-family residential district is composed of higher density residential development in the form of apartments or condominiums in areas appropriately located for such uses. These areas are on major thoroughfares in close proximity to commercial areas and other centers of employment. Special regulations are needed to ensure the general compatibility of this development with other residential development in the county and to afford the residents of these multiple-type family dwellings a living environment consistent with that enjoyed by other residents of this rural community.

(Code 1999, § 9-116)

(a)

Any agricultural use in the R-3 district, nonconforming or otherwise, shall:

(1)

Utilize best management practices whenever possible.

(2)

Maintain a five-foot wide grass strip on-site along all rights-of-way and streams to slow down runoff waters and filter out sediment.

(b)

All forestal uses, in the R-3 district, whether nonconforming or otherwise, shall conform to the following: In order to maintain a rural environment in those areas of the county designated for residential and commercial development, no commercial timbering of lands zoned R-3 shall commence until a plan for development (subdivision or site or reforestation plan) has been approved by the planning commission or the zoning administrator as the case may be. Any plan for reforestation shall require a posting of a bond in an amount sufficient to reforest the area based on current per acre estimate of reforestation by the state department of forestry. No commercial timbering shall be allowed in any development once any lot in the development has been sold.

(c)

All churches, synagogues and other houses of worship within the R-3 zoning district shall only be located on rights-of-way classified as residential collectors.

(Code 1999, § 9-117)

In the multiple-family residential R-3 district, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Apartments with approved site plan.

(2)

Cluster homes.

(3)

Condominiums with an approved site plan.

(4)

Construction trailers and/or portable or temporary buildings for offices, storage facilities, public and semipublic uses, and such use shall be in conjunction with a bona fide construction project for which a building permit has been issued, the development of an approved subdivision, or highway or public works construction projects. In addition, the following conditions shall apply:

a.

The temporary structure shall be located in conformance with all applicable requirements of this chapter.

b.

The temporary structure shall not be used as temporary living quarters at any time.

c.

The use shall be allowed for a period of one year or 30 days beyond the date of the issuance of a certificate of occupancy for the permanent structure, whichever occurs first.

d.

Upon evidence that the completion of construction is imminent, the zoning administrator may grant one 30-day time extension.

e.

The zoning administrator retains the right to have the use removed if, at any time, the applicant violates the conditions set forth in this section.

f.

The zoning administrator retains the right to require a site plan.

(5)

Developments incorporating both apartments and condominiums with an approved site plan provided that no more than 65 percent of all dwelling units are either apartments or condominiums.

(6)

Libraries with an approved site plan.

(7)

Parks and playgrounds with an approved site plan.

(8)

Public schools with an approved site plan.

(9)

Public utilities other than those requiring a conditional use permit under section 98-374 with an approved site plan.

(10)

Radio, television or communication towers not exceeding 50 feet in height and satellite dishes, provided that any of these uses are located in the rear yard of a principal permitted use.

(Code 1999, § 9-118)

In the R-3 multiple-family residential district, structures to be erected or land to be used for one or more of the following uses shall be permitted only after the issuance of a conditional use permit by the board of supervisors or its agent:

(1)

Cemeteries with an approved site plan.

(2)

Churches, synagogues and other houses of worship shall only be located on rights-of-way classified as residential collectors.

(3)

Golf course/country clubs with an approved site plan.

(4)

Keeping or raising horses as an accessory use to a multifamily dwelling or condominium.

(5)

Planned unit developments.

(6)

Private schools with approved site plan.

(7)

Public or private electrical general facilities, electrical substations with a capacity of 5,000 kilovolt amperes or more, and electrical transmission lines capable of transmitting 69 kilovolts or more with an approved site plan.

(8)

Public or private transmission pipelines, including pumping stations and accessory storage for natural gas, propane gas, petroleum products, chemicals, slurry coal and any other gases, liquids or solids, with an approved site plan, except that private connections to existing pipelines, which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development, are permitted generally and without a conditional use permit.

(9)

Public or private water and sewer facilities including, but not limited to, treatment plants, pumping stations, storage facilities and transmission mains, with an approved site plan, except that private connections to existing mains which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development, are permitted generally and without a conditional use permit.

(10)

Railroad facilities including tracks, bridges, switching yards and stations, with an approved site plan, except that spur lines which are to serve and are accessory to existing or proposed development adjacent to existing railroad rights-of-way, and track and safety improvements in existing railroad rights-of-way, are permitted generally and without a conditional use permit.

(11)

Water impoundments for public or private use of 50 acres or more and a dam height of 25 feet or more with an approved site plan.

(Code 1999, § 9-119)

Maximum gross density in any apartment or condominium development in the R-3 district shall not exceed ten dwelling units per acre.

(Code 1999, § 9-120)

The minimum right-of-way for any street, road or thoroughfare within an apartment or condominium development in the R-3 district shall be 50 feet.

(Code 1999, § 9-121)

Special conditions related to apartment and condominium development in the R-3 district are as follows:

(1)

The developer shall receive the approval of the state department of health relative to the provision of a potable water supply and adequate sewage disposal facilities.

(2)

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. A laundry shall be provided within each apartment building or condominium unit with sufficient area and equipment for the laundering and artificial drying of laundry belonging to the occupants of each building.

(3)

Each building shall contain a single master television antenna system which shall serve all dwelling units within the building.

(4)

If trash and garbage collection is provided through the location of steel dumpster containers, they shall be located conveniently to the dwelling units; shall be screened from view by decorative masonry walls, shrubs or fences; and shall be located on concrete pads with a sufficient strength rating to withstand the weight of a garbage disposal truck.

(5)

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme, with variations in design to provide attractiveness to the development which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features, and individual dwelling unit design. Techniques to be considered are varying widths of units, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights, changing the types of windows and shutters, doors, porches, and the vertical or horizontal orientation of the facades, singularly or in combination.

(6)

In order to prevent the development of long and monotonous buildings and ridge lines which serve to increase the sense of density, lack of interest, and liken the development to a barracks, overall structures of attached townhouses shall consist of no more than eight townhouse dwelling units. There shall be at least three different ridge line heights in each overall structure of attached townhouses which shall vary by at least three feet. In any structure of attached townhouses no more than two adjacent dwelling units shall have the same setback. Setbacks shall vary by at least eight feet. Buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths or standards:

a.

Two hundred feet on any one plane.

b.

Three hundred and forty feet on any angle.

c.

Five hundred feet along the centerline of the building.

d.

No more than 16 dwelling units shall be contained in any one building and there shall be no more than four dwelling units in any unbroken line. A setback of not less than eight feet shall be deemed as a satisfactory offset in a building line.

e.

No townhouse dwelling unit shall be less than 16 feet in width.

Land area of at least 560 square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by residents of the development. Such areas shall be an integral part of the development and shall be at least one-half acre in size. Such area shall be at least 100 feet wide and have a grade of less than five percent. Recreational facilities shall include residential swimming pools, regulation doubles tennis courts, tot lots and playgrounds. The developer may be permitted to substitute other recreational facilities as an equivalent alternative if deemed appropriate by the zoning administrator.

(Code 1999, § 9-122)