The RM-10 zoning district is established for low-medium-density residential dwelling units. The regulations in this article shall apply in all RM-10 districts.

(Ord. No. 83-2-497, art. 11, § 1, 2-24-83)

No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in the RM-10 district in whole or in part, for other than one or more of the following specified uses:

(1)

All uses permitted in the RS-5 district subject to the requirements of that district.

(2)

Two-family dwelling.

(3)

A two-family dwelling which is designed, arranged and constructed for the ownership of each dwelling unit by a separate and different group.

(4)

Quadruplexes.

(5)

Townhouses or rowhouses. The maximum number of dwelling units in any one group shall not exceed six.

(6)

All uses permitted in an OS district.

(7)

Uses accessory to any of the above uses not involving the conduct of any business, trade, occupation or profession.

(8)

The following uses if first approved as a special exception use (see article IV of this chapter):

a.

All uses permitted in a CR district.

b.

Educational and vocational institutions.

c.

Churches or synagogues and other houses of worship.

d.

Police and fire protection facilities, public safety facilities.

e.

Government administration, services, and maintenance facilities.

f.

Nursing homes and residential care facilities, government sponsored or subsidized.

g.

Utilities, municipal facilities serving the immediate neighborhood.

(Ord. No. 83-2-497, art. 10, § 2, 2-24-83; Ord. No. 03-07-1089, § 6, 7-22-03)

(a)

Two-family dwelling. Every plot in the RM-10 district upon which a two-family dwelling is erected shall be not less than 80 feet in width and 8,000 square feet in area, provided that a two-family dwelling designed for ownership of each dwelling unit by a separate owner may have each unit located on a lot not less than 40 feet in width and 4,000 square feet in area, except that a portion of a common party wall separating two such units may be located on the adjoining lot.

(b)

Townhouses, rowhouses and quadruplexes. Every plot upon which townhouses, rowhouses and quadruplexes are hereafter erected shall not be less than 160 feet in width and 16,000 square feet in plot area, provided that where townhouse dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than 20 feet in width and 80 feet in depth and where quadruplex dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the adjacent yard by separate and different owners, each dwelling unit shall be located on a lot of minimum of 1,600 square feet.

(c)

Nonresidential uses. Every plot upon which a permitted nonresidential structure or use, other than an accessory structure or use, is erected or placed shall not be less than 100 feet in width and 20,000 square feet in area.

(Ord. No. 83-2-497, art. 10, § 3, 2-24-83)

The combined area occupied by all principal and accessory buildings in the RM-10 district shall not exceed 45 percent of the area of the plot for two-story buildings or 50 percent of the area of the plot for one-story buildings.

(Ord. No. 83-2-497, art. 10, § 4, 2-24-83)

No building or structure, or part thereof, shall be erected or altered in a RM-10 district to a height exceeding either two stories or 25 feet, except that a steeple or tower on a church may extend to a height of not more than 50 feet.

(Ord. No. 83-2-497, art. 10, § 5, 2-24-83)

Except as may be otherwise provided in this article with respect to the allowance for reserve units, the density in the RM-10 district shall not exceed ten dwelling units per gross acre, or the maximum density allowed by the city land use plan, whichever is less.

(Ord. No. 83-2-497, art. 10, § 6, 2-24-83)

(a)

The minimum floor area of a one-family dwelling shall be 1,300 square feet for a two-bedroom house, plus 200 square feet for each additional bedroom.

(b)

The minimum floor area in a two-family, multifamily or townhouse dwelling shall be 750 square feet for a one-bedroom unit and 1,100 square feet for two-bedroom unit plus 200 square feet for each additional bedroom.

(c)

In all multifamily and townhouse dwellings, measurement of floor area for the purposes of this section shall include one-fourth of the floor area of any screened terrace or patio.

(Ord. No. 83-2-497, art. 10, § 7, 2-24-83)

The plot area requirements in the RM-10 district are as follows:

(Ord. No. 83-2-497, art. 10, § 8, 2-24-83)

(a)

Generally. Notwithstanding anything to the contrary contained in this article, a setback of a depth of 50 feet from the right-of-way of any trafficway with a right-of-way of 100 feet or greater as depicted on the county trafficways plan, as amended from time to time, shall be required.

(b)

Front yard. The front yard setbacks in the RM-10 districts are as follows:

(1)

Residential and accessory uses. Every plot used for dwelling purposes shall have a front yard not less than 25 feet in depth.

(2)

Nonresidential uses. Every plot whose principal use is nonresidential shall have a front yard not less than 40 feet in depth.

(c)

Side yard. The side yard setbacks in the RM-10 district are as follows:

(1)

Residential and accessory uses. Every plot used for dwelling purposes shall have a side yard on each side, each of which shall be at least ten feet in width, provided that where a two-family or townhouse dwelling is erected on two platted lots with a dividing party wall centered on the common lot line between the two platted lots, a side yard shall not be required adjacent to and on either side of said common lot line, except where such side yard borders upon a canal or waterway maintenance right-of-way, in which case the water control district may require additional setback areas. There shall be, however, a minimum distance of 15 feet between buildings.

(2)

Nonresidential uses. Every plot whose principal use is nonresidential shall have a side yard on each side, each of which shall be not less than 20 feet in width, with an increase of one foot in width of each side yard for each two feet in height of the structure in excess of 20 feet, except where such side yard borders upon a canal or waterway maintenance right-of-way, in which case the water control district may require additional setback areas.

(d)

Corner plots. Upon corner plots there shall be a front yard as hereinbefore specified and also a side yard at least 20 feet in width on the side of the plot abutting on the side street, provided in every event that there shall be a setback of a depth of 50 feet from the right-of-way of any trafficway as depicted on the county trafficways plan, as the same may exist from time to time, with respect to the front and side yards of a corner plot.

(e)

Rear yards. The rear yard setbacks in the RM-10 districts are as follows:

(1)

Residential and accessory uses. Every plot whose principal use is residential shall have a rear yard not less than 20 feet in depth, except where such rear yard borders upon a canal or waterway maintenance right-of-way, in which case the water control district may require additional setback areas.

(2)

Nonresidential uses. Every plot whose principal use is nonresidential shall have a rear yard not less than 25 feet in depth, except where such rear yard borders upon a canal or waterway maintenance right-of-way in which case the water control district may require additional setback areas.

(Ord. No. 83-2-497, art. 10, § 9, 2-24-83)