—1. Scope of provisions. This section contains the district regulations of the "R-3" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

2.

Permitted land uses and developments. The following land uses and developments are permitted in this district:

(1)

Churches.

(2)

Community gardens when all chemicals and fuels are stored in an enclosed, locked structure.

(3)

Day care homes.

(4)

Dwellings, single-family.

(5)

Golf courses, including practice driving tees on the same premises. Miniature golf courses and independent practice driving tees are excluded.

(6)

Group homes for the handicapped occupied by not more than eight (8) individuals (excluding supervisory personnel) who need not be related by blood or marriage to the operator or operators of the facility.

(7)

Home occupations.

(8)

Libraries, public or private not-for-profit.

(9)

Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be:

(a)

Adequately screened with landscaping, fencing or walls, or any combination thereof, or

(b)

Placed underground, or

(c)

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening these facilities shall be submitted to the department of planning for review. No building permit or installation permit shall be issued until these plans have been approved by the department of planning.

(10)

Parks, parkways, and playgrounds, public or private not-for-profit.

(11)

Police stations and fire stations, and facilities for local government use.

(12)

Schools, public or private kindergarten, secondary, and collegiate.

(13)

Schools, public or private elementary, on a tract of land of at least five (5) acres.

(14)

Telecommunication towers of forty (40) feet or less in height.

3.

Conditional land use and development permits issued by the commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 1003.181 "Conditional Use Permit Procedure":

(1)

Adult day care centers.

(2)

Child care centers, nursery schools, and day nurseries.

(3)

Private, not-for-profit clubs, private, not-for-profit recreational land uses and community centers.

(4)

Foster homes for handicapped children.

(5)

Golf courses which are illuminated and practice driving tees. Miniature golf courses are excluded.

(6)

Group homes for the handicapped to be occupied by nine (9) or more individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility.

(7)

Group homes for the elderly.

(8)

Group living facilities providing a permanent residence for not more than nine (9) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.

(9)

Hospitals and hospices.

(10)

Local public utility facilities over sixty (60) feet in height or over one hundred thousand (100,000) cubic feet in volume.

(11)

Nursing homes.

(12)

Produce stands for community gardens less than one thousand (1,000) square feet in gross floor area.

(12)

Public utility facilities.

(13)

Retreats owned and operated by religious, educational, or other not-for-profit establishments.

(14)

Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres.

(15)

Sewage treatment facilities, other than facilities permitted as an accessory use.

(16)

Specialized private schools.

(17)

Telecommunication towers up to two hundred (200) feet in height.

4.

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than a total of seven (7) percent of the lot area.

A.

Accessory uses include the following;

(1)

Devices for the generation of energy, such as solar panels, solar arrays, ground source heat pump systems, wind energy systems, and similar devices.

(2)

Community gardens, when located on the same premises as one of the permitted or conditional uses of this section and all chemicals and fuels shall be stored in an enclosed, locked structure.

(3)

Home gardens

(4)

Individual sewage treatment facilities serving an individual dwelling, farm, or nonresidential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

(5)

Signs (directional and information).

B.

Detached above-ground accessory structures shall be subject to the following design criteria:

(1)

Detached above-ground accessory structures shall not cover more than a total of seven (7) percent of the lot area.

(2)

Any detached accessory structure, including detached garages, detached storage/utility sheds, gazebos, pool houses, greenhouses, and other similar accessory buildings, may be up to four hundred (400) square feet in area, or fifty (50) percent of the building footprint of the primary structure, whichever is greater.

(3)

No structure or aggregate of all accessory structures shall be larger than one thousand (1,000) square feet in area, regardless of the size of the primary structure or the size of the lot on which it is located.

(4)

Accessory structures are subject to the setback requirements of the underlying zoning district.

(5)

A maximum of one (1) detached garage may be permitted accessory to a single-family residence.

(6)

A maximum of two (2) detached accessory structures may be permitted accessory to a single-family residence, not to exceed three (3) detached accessory structures when including a detached garage.

(7)

A community garden may have a maximum of one (1) storage shed.

(8)

No accessory building shall be permitted in the front yard.

5.

Performance standards. All uses in the "R-3" Residence District shall operate in conformity with the appropriate performance standards contained in Section 1003.163 "Zoning Performance Standard Regulations."

6.

Height limitations for structures. Other than telecommunication towers, the maximum height of structures in the "R-3" Residence District shall be as set out below:

(1)

No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.

(2)

No accessory building shall be taller than the primary structure.

(2)

All other structures, other than a public utility tower or a local public utility facility authorized by a conditional use permit, shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 1003.161 "Air Navigation Space Regulations."

7.

Lot area, structure setback, and density requirements. The minimum lot area and structure setback requirements for land uses and developments in the "R-3" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:

(1)

Minimum lot area requirements:

(a)

The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

(b)

Any lot or tract of record on the effective date of this chapter, which contains less than ten thousand (10,000) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.

(c)

Foster homes for handicapped children, group homes for the elderly, and not-for-profit private clubs and recreational land uses, including community centers, as approved by the planning commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.

(d)

Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the school land area requirements, as listed in paragraph 7.(1)(a).

(e)

All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

(f)

Community gardens developed on lots platted via planned environment unit procedure or density development procedure shall adhere to the minimum lot size of the governing ordinance or plat.

(2)

Minimum structure setback requirements: General.

(a)

Front structure setback. No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

(b)

Side structure setback. No structure shall be allowed within eight (8) feet of any side property line.

(c)

Rear structure setback. No structure shall be allowed within fifteen (15) feet of any rear property line.

(d)

Vehicle entrances on garages shall be a minimum of twenty (20) feet from the garage door to the back of any public sidewalk.

(3)

Specific structure setback requirements and exceptions.

(a)

Notwithstanding any other provision of this chapter, on corner lots, no structure or plant material exceeding three (3)feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

(b)

Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum structure setback requirements.

(c)

Permitted information signs, six (6) feet or less in height, are allowed within the minimum front structure setback.

(d)

Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front structure setback.

(e)

Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front structure setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in the "NU" non-urban, "PS" park and scenic, or any "R" residence district.

(f)

Solar arrays or above ground equipment associated with ground source heat pumps may not be located within the front structure setback.

(g)

Solar arrays shall be located a minimum of twenty (20) feet from all property lines and other structures.

(h)

A solar array shall not exceed one-half (½) the footprint of the principal structure or six hundred (600) feet, whichever is greater.

(i)

Above ground equipment associated with ground source heat pump stations shall meet the structure setbacks of the underlying zoning district and shall not encroach on any easement or right-of-way.

(j)

In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front structure setbacks of no more than ten (10) feet, the required front structure setback for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

(k)

If a lot of record existing on the effective date of this chapter has a width of sixty (60) feet or less, the side structure setback on each side of any structure erected on such lot may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instances shall such structure setback be less than five (5) feet in width.

(l)

Any nonresidential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.

(m)

Notwithstanding any other provisions of this chapter, no wind energy systems or telecommunication towers shall be closer to a property line of "PS" Park and Scenic District, "NU" Non-Urban District or "R" Residence District property than a distance equivalent to the height of the proposed telecommunication tower. A greater setback may be required by the conditions of a conditional use permit.

(n)

The turbine and tower of a wind energy system shall remain painted or finished in the color that was originally applied by the manufacturer. Bright, luminescent, or neon colors as determined by the Director of Planning shall be prohibited.

(o)

The blade tip or vane of any wind energy system shall have a minimum ground clearance of fifteen (15) feet as measured from the lowest point of the arc of the blades.

(p)

No illumination of or on the turbine or tower shall be allowed unless required by the FAA.

(q)

Any climbing foot pegs or rungs below twelve (12) feet of a freestanding tower shall be removed to prevent unauthorized climbing.

(r)

Row crops, including grain, fruit or vegetable plants grown in rows, which are more than twenty-four (24) inches in height shall not be permitted in the front yard of any residentially-occupied property.

(s)

Community garden beds, associated buildings, and structures shall not encroach on required structure setbacks.

(4)

Maximum density, maximum height and minimum structure setback requirements for nursing homes:

(a)

Densities of self-care units shall not exceed fifteen (15) units per acre.

(b)

No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

(c)

No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

8.

Off-street parking and loading requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 1003.165 "Off-Street Parking and Loading Requirements."

9.

Sign regulations. Sign regulations are set forth in Section 1003.168 "Sign Regulations."

(O. No. 29234, 1-21-25)