Seminole City Zoning Code

RESIDENTIAL DISTRICTS

§ 156.155 R1-Z SINGLE-FAMILY DISTRICT.

(A) Purpose. Within the R1-Z Single-Family Residential Zoning District, a zero lot line development is allowed. The intent of the R1-Z, Zero Lot Line Residential District is to permit and establish regulations for comprehensively planned single-family tracts with zero side yard building setbacks (in R1-Z Zoned Districts only). The principal purposes of the zero lot line concept are:

(1) The more efficient use of land, as compared with the typical single-family development, making available needed housing at an affordable cost;

(2) The design of dwellings to integrate and relate internal/external living areas resulting in more pleasant and enjoyable living facilities; and

(3) By placing the dwelling against one of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit.

(B) Uses permitted.

(1) Attached single-family dwellings (a maximum of two attached units).

(2) Detached, zero lot line, one-family dwellings.

(3) Infill housing with a minimum of two side by side lots; provided, that the zero lot line side is not facing the adjacent nonzero lot line property.

(1) Minimum lot size. The minimum lot size shall be 4,000 square feet. This shall not include any credit for streets, recreational arm, common open space or water bodies.

(2) Dwelling unit setback.

(a) Interior side yard. The dwelling unit may be placed on one interior side property line with a zero-foot setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet, excluding the connecting elements such as fences, walls and trellises. Covered porches, covered patios and storage spaces which are connected to the principal structure may not encroach into this ten-foot side yard.

(b) Front setback. All habitable parts of a dwelling must be set back a minimum of 20 feet from the front property line, while garages may be set back a minimum of ten feet based upon the approval by the Planning Commission and its approval of the site plan. Garage setbacks of less than 20 feet must have an entrance parallel to the street or be approved by the Planning Commission as part of the site plan review process. An adequate driveway turning radius shall be provided for the structure.

(c) Rear setback. The dwelling setback shall be a minimum of 15 feet from the rear property line. When a garage is located in the rear of the property, the rear setback shall be a minimum of 20 feet.

(d) Side street setback. When a zero lot line borders a city street on one side, the dwelling setback shall be a minimum of 15 feet from the property line on the street side.

(3) Minimum lot width. The minimum lot width shall be 40 feet.

(4) Minimum lot coverage permitted. The total lot coverage permitted for all buildings on the site shall not exceed 60% of the lot area (140 x 40 = 5,600 = 3,360 square foot house). Temporary storage structures are not included in this coverage percentage.

(5) Building height. No building shall exceed two stories or 35 feet in height. Upper story windows shall not face onto an adjacent property owner’s private space, or toward the zero lot line side.

(6) Street frontage. Each lot shall abut upon a clear, direct frontage of a dedicated city street. The zero lot line must abut upon the street line for a distance of not less than 30 feet.

(7) Platting requirements. Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities, in the form of a neighborhood association. The plat shall indicate the zero lot lines and easements appurtenant thereto.

(8) Openings prohibited on zero lot line side. The wall of the dwelling located on the zero lot line side must be constructed of maintenance free, solid decorative masonry and have no openings.

(9) Projections over property line. The structure shall be offset in such a manner that eaves, overhangs or any architectural features shall not encroach on the adjoining lot. All yard areas on the zero lot line side, part of which may result due to the placement of the foundation off the property line to accommodate roof overhangs and/or architectural elements, shall be used by the adjoining property owner. No yard area created due to this section forbidding dwelling or architectural features to project over any property line shall be fenced by the property owner but shall be reserved for use by the adjoining property owner. Any adjoining property owner may fence in an area up to the zero lot line of the adjacent lot in order to contain his or her side yard.

(10) Maintenance easement. A perpetual five-foot maintenance easement shall be provided on the lot adjacent to the zero lot property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. The roof shall be so designed that water runoff from the dwellings placed on the zero lot line drains onto the owner’s property.

(11) Utility easement. Due to the increased densities and compactness of zero lot line developments, the location of utilities constitutes special consideration. In order to ensure adequate access to maintain utilities, it is necessary to place utilities in the front yard easement, street or combination. However, a rear yard utility easement is allowed when a rear drive or rear open space easement is provided.

(12) Off-street parking. A minimum of two paved off-street parking spaces shall be provided on each platted zero lot line lot.

(13) Accessory buildings and structures.

(a) Accessory buildings and structures shall be located within the front yard or street abutting side yard.

(b) No accessory building or structure shall be located within five feet of a dwelling or another accessory building nor within five feet of any property line.

(c) No accessory building or structure shall exceed ten feet in height without approval from the Zoning Board of Adjustment.

(14) Trees. There shall be a minimum requirement of one tree for each platted lot in order to enhance private space. In addition, street shade trees shall be provided along each side of the roadways at a minimum spacing of 40 feet in order to enhance the streetscape. This shall be in addition to the one tree required for each platted lot. Placement shall be determined by utility easement location.

(15) Fire protection. Walls on side yards shall have a minimum of one hour rated sheetrock installed and roofs shall be of flame resistant material and wooden, cedar shingle roofs are prohibited.

(D) Preliminary plat and review process. The city reserves the right to request additional information in the preliminary plat review process. The purpose of the additional information is to encourage logic, imagination, innovation and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The Community Services Director shall review the plans for compliance with zoning regulations and the plat review criteria. The recommendation of the Community Services Director shall be transmitted to the appropriate board for consideration.

(1) Required exhibits. The following exhibits shall be prepared by design professionals such as architects, landscape architects and submitted to the Planning Commission for consideration and approval along with the preliminary plat:

(a) Site plan. The site plan shall show clearly the following items and their relationship to the preliminary plat:

1. A site plan showing all structures, driveway approaches, sidewalks, rear yards, fencing, decorative treatments on each lot and/or within the subdivision, existing and proposed landscaping including tree requirements. The site plan shall be approved by the Planning Commission prior to approval of the preliminary plat;

2. Recreation facilities and common open space;

3. Stages of development, if any; and

4. Location of off-street parking and additional parking areas serving the subdivision.

(b) Floor plans/elevations. Floor plans and elevations of all typical units shall accompany the site plan; visual and physical access to outside patio/court areas shall be indicated; single-family attached dwellings shall be specified as well.

(2) Preliminary plat review process. The following criteria shall be utilized in the plat review process:

(a) Site plan. The Planning Commission shall review and approve each zero lot line site plan prior to or concurrent with consideration of the preliminary plat.

(b) Review materials and criteria. The Planning Commission shall utilize the following materials and criteria in reviewing the site plan, floor plans/elevations and the preliminary plat.

1. Planning studies approved by the Community Services Director that include development patterns or environmental and other criteria may be utilized in the review process.

2. The zero lot line unit shall be designed to integrate interior and exterior living areas. The configuration of the exterior wall of the unit shall define and enclose, or partially enclose, outdoor living areas in order to be the usable space of each resident adjacent to the zero lot line side.

3. Visual monotony created by excessive block lengths shall be avoided. The Planning Commission shall utilize current zoning and subdivision regulations in making this determination and may base judgment upon visual appearance of the development.

4. Staggered building lines, varying lot widths and arrangements of structures in a manner other than perpendicular to the street shall be encouraged. The Planning Commission may, upon approval of the site plan, approve nontraditional building lines in an effort to encourage visual clarity in the zero lot line development. But, in no case shall the front yard setback requirement be violated.

5. The existing landscape shall be preserved in its natural state insofar as is practical by minimizing removal of existing trees and vegetation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen incompatible uses and ameliorate the impact of noise. The site plan shall reflect existing and proposed landscaping.

6. Architectural and/or landscape elements that provide a logical screen from adjoining, existing or permitted uses shall be provided.

7. Design methods to reduce energy consumption is encouraged. Energy conservation methods may include, but not be limited to, natural ventilation of structures, siting of structures in relation to prevailing breezes and sun angles, insulation of structures and the use of landscape materials for shade.

8. Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be so situated and set back as to provide unobstructed visual clearance at street intersections.

9. Open space intended for the private use of each individual dwelling unit should be so located and designed as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units.

10. Trash containers shall be screened and so designed as to be conveniently accessible to their users and collectors.

11. Utility boxes, meters and the like, shall be screened as desired by the developer to provide a pleasing visual image within each zero lot line subdivision.

12. A sidewalk plan shall be required on the site plan with sufficient sidewalk area to facilitate movement within the subdivision to provide a place for walking or playing.

(E) Final plat. The final plat on zero lot line subdivisions shall follow the review and processing as required on final plats within the subdivision regulations.

(F) Commencement of development. If development is not commenced within 24 months from the date of approval of the final plat, in accordance with subdivision regulations, the approval hereof shall become null and void and the same may not be developed in accordance with said plan; provided, that if development is permitted in stages, subsequent stages may be commenced within 18 months after the completion of the previous stage; otherwise, such subsequent stage may not be developed in accordance with the previously approved plan and such approval shall be null and void. Commencement of construction shall include, where necessary, substantial site improvement which shall include, but is not limited to, active and continuous road improvements, excavation, grading, leveling, installation of utilities and the like. After a 24-month period has expired and the development has not begun, the applicant must have the plat reviewed by the Planning Commission at no charge to the applicant. After five years has elapsed and the development has not been commenced, the plat shall not be approved and a new plat consistent with development standards at that time must be submitted to the Planning Commission for approval.

(Prior Code, § 12-3A-1) (Ord. 1075, passed 3-11-2008)

§ 156.156 R-1 ONE-FAMILY DWELLING DISTRICT.

(A) Characteristics. The characteristics of the R-1 One-family Dwelling District are a quiet, low density area for single-family living, with related recreational, religious and educational facilities, protected from all commercial and industrial activity.

(B) General uses. The general uses in the R-1 District are:

(1) Bulletin board or sign, not exceeding 20 square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold;

(2) Childcare centers;

(3) Nurseries, greenhouses, truck gardens; provided, that no products are sold retail and delivered on the premises;

(4) Parks, playgrounds and open spaces;

(5) Public and parochial schools and colleges, not including industrial trade schools;

(6) Public libraries; and

(7) Single-family homes.

(1) Accessory. The accessory uses in the R-1 District are other accessory uses that are incidental to the permitted uses, and not detrimental to the adjacent property or the character of the zone:

(a) Barns;

(b) Guesthouses and employees’ quarters;

(d) Sheds.

(2) Conditional. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in § 156.009 and after the Planning Commission has approved the site plan:

(a) Cemetery;

(b) Churches;

(d) Golf courses, except miniature and commercial driving range;

(e) Public buildings and uses of nonindustrial nature;

(f) Public open off-street parking lot, when necessary, for services of surrounding area;

(g) Radio, television and microwave communication towers; and

(h) Utility substations.

(D) Area regulations. Area regulations in the R-1 District are:

(1) Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

(a) Minimum depth of front yard, 25 feet;

(b) When a yard has double frontage, the front yard requirements shall be provided on both streets; and

(c) If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of no greater than 25 feet, and building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

(2) Side yard.

(a) Minimum for one-story dwellings, five feet;

(b) Minimum for more than one-story dwellings, ten feet;

(d) Minimum side yard on street side of corner lots, 25 feet. A side yard setback of 15 feet on a corner lot may be allowed at the discretion of the Community Services Director; and

(e) Minimum setback from all exterior and interior side lot lines for churches and main and accessory buildings other than dwellings and buildings accessory to dwellings, 35 feet.

(3) Rear yard. Minimum rear yard, except where an alley is platted, ten feet.

(4) Lot width. Minimum lot width at building line, 60 feet.

(5) Intensity of use.

(a) Minimum lot area is 7,000 square feet.

(b) Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date hereof, that lot may be used for any of the uses, except churches, permitted by this section.

(c) For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street areas required in § 156.065 through 156.072.

(d) Minimum space between unconnected buildings on the same lot is 15 feet. Exceptions may be granted for placement of open metal carports upon approval by the Building Inspector.

(6) Coverage. Main and accessory buildings shall not cover more than 30% of the lot area on interior and corner lots; accessory buildings shall not cover more than 20% of the rear yard.

(7) Off-street parking. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in § 156.065 through 156.072 .

(E) Height regulations. No building shall exceed two and one-half stories or 35 feet in height except as provided in § 156.047.

(Prior Code, § 12-3A-2) (Ord. 933, passed 12-14-2000; Ord. 1075, passed 3-11-2008)

§ 156.157 R-1A AFFORDABLE DWELLING DISTRICT.

(A) Characteristics. The characteristics of the R-1A Affordable Dwelling District are a quiet, medium density area for single-family living, located within a plot of ground in which two or more efficiency homes are located. R-1A Districts shall be located and defined as deemed appropriate by the Planning Commission upon application for the zone.

(B) General uses. The general uses in the R-1A District are:

(2) Efficiency home village, where homes do not exceed 750 square feet of living space, occupied for dwelling or sleeping purposes, whether or not a charge is made for such accommodations; and

(3) Parks, playgrounds and open spaces.

(1) Accessory. The accessory uses in the R-1A District are other accessory uses that are incidental to the permitted uses, and not detrimental to the adjacent property or the character of the zone:

(a) Private garages; and

(b) Sheds.

(2) Conditional. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in § 156.009 and after the Planning Commission has approved the site plan:

(a) Public open off-street parking lot, when necessary, for services of surrounding area;

(b) Radio, television and microwave communication towers; and

(D) Area regulations. Area regulations in the R-1A District are:

(1) Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements.

(a) All habitable parts of a dwelling must be set back a minimum of 20 feet from the front property line.

(b) When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2) Side yard.

(a) Minimum for one-story dwellings, five feet.

(b) Minimum for more than one-story dwellings, ten feet.

(d) Minimum side yard on street side of corner lots, 25 feet. A side yard setback of 15 feet on a corner lot may be allowed at the discretion of the Community Services Director.

(e) Minimum setback from all exterior and interior side lot lines for main and accessory buildings other than dwellings and buildings accessory to dwellings, 35 feet.

(3) Rear yard. Minimum rear yard, ten feet.

(4) Minimum lot width. Minimum lot width shall allow at least 15 feet either side of the main building.

(5) Intensity of use.

(a) Minimum lot area is at the discretion of the Planning Commission, as it pertains to the plat of the efficiency village.

(b) Minimum space between unconnected buildings on the same lot is 15 feet. Exceptions may be granted for placement of open metal carports upon approval by the Building Inspector.

(6) Coverage. Main and accessory buildings shall not cover more than 60% of the project area on interior and corner lots.

(7) Off-street parking. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in § 156.065 through 156.072 .

(8) Utility easement. Due to the increase densities and compactness of these developments, the location of utilities constitutes special consideration. In order to ensure adequate access to maintain utilities, it is necessary to place utilities in the front yard easement, street or combination. However, a rear yard utility easement is allowed when a rear drive or rear open space easement is provided.

(E) Height regulations.

(1) No dwelling shall exceed two and one-half stories or 35 feet in height except as provided in § 156.047.

(2) No accessory building or structure shall exceed ten feet in height.

(Prior Code, § 12-3A-2-1) (Ord. 1225, passed 8-14-2018)

§ 156.158 R-2 TWO-FAMILY DWELLING DISTRICT.

(A) Characteristics. The characteristics of the R-2 Two-Family Dwelling District are quiet, slightly higher population density area for family living, with basic restrictions similar to the R-1 District, protected from all commercial and industrial activity.

(B) General uses. Property and buildings in an R-2 Two-Family Dwelling District shall be used only for the following purposes:

(1) Any uses permitted in R-1 One-Family Dwelling District;

(2) Home occupations as limited in this chapter (see the definition in § 156.003); and

(3) Two-family homes.

(C) Accessory uses. Accessory uses in the R-2 District are other accessory uses that are incidental to the permitted uses and not detrimental to the adjacent property or the character of the zone:

(1) Guesthouses and employees’ quarters;

(2) Private garages; and

(3) Radio, television and microwave communications towers.

(D) Conditional uses. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in § 156.009 and after the Planning Commission has approved the site plan:

(1) All uses so limited for R-1 Districts in this subchapter;

(2) Convalescent home, rest home and nursing home, limited to housing of not more than five persons in addition to the owner or manager and his or her family;

(3) Home for the ambulatory aged; and

(4) Mortuary.

(E) Area regulations. Area regulations in the R-2 District are as follows.

(1) Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements.

(a) Minimum depth of front yard is 25 feet.

(b) When a yard has double frontage, the front yard requirements shall be provided on both streets.

(c) If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

(2) Side yard.

(a) Minimum for one-story dwellings located on interior lots is five feet.

(b) Minimum side yard for more than one-story dwellings and garage apartments, except as provided in § 156.046, is ten feet.

(d) Minimum side yard on street side of corner lots is 25 feet. A side yard setback of 15 feet on a corner lot may be allowed at the discretion of the Community Services Director.

(e) Minimum setback from all exterior and interior side lot lines for churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, is 35 feet.

(3) Rear yard. Minimum rear yard, except where an alley is platted, is ten feet.

(4) Lot width. Minimum lot width at building line for one-family dwellings, two-family dwellings and garage apartments is 60 feet.

(5) Intensity of use.

(a) Minimum lot area for each one-family dwelling and accessory building is 7,000 square feet.

(b) Minimum lot area for each two-family dwelling and accessory building is 8,500 square feet.

(c) A garage apartment located on the same lot with a one-family dwelling shall have the same area requirements as two-family dwellings. In all other cases, a garage apartment shall be provided with the same lot area required by a one-family dwelling.

(d) Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date hereof, that lot may be used for any of the uses, except churches, permitted in the R-1 One-Family District.

(e) For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in § 156.065 through 156.072.

(f) Minimum space between unconnected buildings on the same lot is 15 feet. Exceptions may be granted for placement of open metal carports upon approval by the Building Inspector.

(6) Coverage.

(a) Main and accessory buildings shall not cover more than 30% of the lot area.

(b) Accessory buildings shall not cover more than 20% of the rear yard.

(F) Height regulations. No building shall exceed two and one-half stories or 35 feet in height, except as provided in § 156.047.

(Prior Code, § 12-3A-3) (Ord. 1075, passed 3-11-2008)

§ 156.159 R-3 MULTIPLE-FAMILY DWELLING DISTRICT.

(A) Characteristics. The characteristics of the R-3 Multiple-Family Dwelling District are a medium and high population density residential zone area consisting of single, duplex and multi-family dwellings along with limited home occupations and limited private and public community uses where lots are large enough for family living, but small enough to afford low development costs, economy of streets and utilities, and proximity to schools, churches and shopping.

(B) General uses. The following and all essentially similar uses are permitted in this zone:

(1) Any use permitted in an R-2 Two-Family Dwelling District;

(2) Boarding and rooming houses;

(3) Clubs and lodges;

(4) Community centers;

(5) Dormitories; and

(6) Multiple-family dwellings and apartment houses.

(C) Accessory uses. Accessory uses in the R-3 District are other accessory uses that are incidental to the permitted uses and not detrimental to the adjacent property or character of the zone:

(1) Parking lots for nonresidential uses; and

(2) Private garages.

(D) Conditional uses. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in § 156.009 and if the Planning Commission has approved the site plan:

(1) All uses so limited for R-2 Districts in this subchapter;

(2) Institutions for children or the aged;

(3) Medical facilities;

(4) Radio, television and microwave communication towers; and

(5) Trailer courts.

(E) Area regulations. The area regulations in the R-3 District are as follows.

(1) Front yard. All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements.

(a) Minimum depth of front yard is 25 feet.

(b) When a yard has double frontage, the front yard requirements shall be provided on both streets.

(c) If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

(2) Side yard.

(a) Minimum for one-story dwelling located on interior lot is five feet.

(b) Minimum for more than one-story dwelling located on interior lot is ten feet.

(d) Minimum side yard on street side of corner lots is 25 feet. A side yard setback of 15 feet on a corner lot may be allowed at the discretion of the Community Services Director.

(e) Minimum setback from all exterior and interior side lot lines for churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, is 35 feet.

(f) Trailer courts shall be planned in such a manner that no trailer or related building shall be located closer than 15 feet to any side lot line.

(3) Rear yard. Minimum rear yard, except where an alley is platted, is ten feet.

(4) Lot width. Minimum lot width at building line for one-family dwellings and two-family dwellings and garage apartments is 60 feet.

(5) Intensity of use.

(a) Minimum lot area for a one-family dwelling is 6,500 square feet.

(b) Minimum lot area for a two-family dwelling is 7,500 square feet.

(c) Minimum lot area for a multiple-family dwelling is 7,500 square feet; plus for each family of more than two occupying a dwelling, 2,000 square feet; plus for each family of two or less occupying a single bedroom dwelling, 1,250 square feet.

(d) A garage apartment located on the same lot with a one-family dwelling shall have a lot area of not less than 7,500 square feet. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than 2,000 square feet more than is required for the two-family dwelling or multiple-family dwelling.

(e) Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the initial effective date hereof, that lot may be used for any of the uses, except churches, permitted in the R-1 One-Family Dwelling District.

(f) For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in § 156.065 through 156.072.

(g) Minimum space between unconnected buildings on the same lot is 15 feet. Exceptions may be granted for placement of open metal carports upon approval by the Building Inspector.

(6) Coverage. Main and accessory buildings shall not cover more than 35% of the lot area. Accessory buildings shall not cover more than 30% of the rear yard.

(7) Off-street parking. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements as set forth in § 156.065 through 156.072 .

(F) Height regulations. No building shall exceed three and one-half stories or 45 feet in height, except as provided in § 156.047.

(Prior Code, § 12-3A-4) (Ord. 1075, passed 3-11-2008)

§ 156.160 R-4 TOWNHOUSE DWELLING DISTRICT.

(A) Characteristics. The R-4 Townhouse Dwelling District is designed to provide areas for single-family attached units on individually platted lots at a medium population density in addition to traditional single, duplex and multi-family dwellings.

(B) General uses. The following uses are permitted in the R-4 District:

(1) Any use permitted in the R-3 District; and

(2) Townhouse development.

(D) Conditional uses. The following uses may be permitted only if authorized by obtaining a conditional use permit as provided in § 156.009 and if the Planning Commission has approved the site plan: All uses so permitted for the R-3 District.

(E) Area regulations. The area regulations in the R-4 District for single, duplex and multi-family dwellings shall be the same as those in the R-3 District. Area regulations for townhouse development are as follows.

(1) Front yard. Minimum depth of front yard is 25 feet.

(2) Side yard.

(a) No side yard is required for interior lots.

(b) No side yard is required for interior sides of end lots.

(c) Minimum side yard on street side of corner lots is 25 feet. A side yard setback of 15 feet on a corner lot may be allowed at the discretion of the Community Services Director.

(d) Minimum side yard for side of end lots abutting other property not contained in townhouse development is ten feet.

(3) Rear yard.

(a) Minimum rear yard backing on a street is 25 feet.

(b) Minimum rear yard not backing on a street is 15 feet.

(4) Lot width.

(a) Minimum lot width at building line for interior lots is 25 feet.

(b) Minimum lot width at building line for corner lots is 40 feet.

(5) Intensity of use.

(a) Minimum land area for townhouse development is 25,000 square feet.

(b) Minimum lot area for an individual townhouse lot is 2,500 square feet.

(d) The floor area for an individual lot shall not exceed 60% of the lot area.

(6) Coverage. Main and accessory buildings shall not cover more than 50% of the lot area. Accessory buildings shall not cover more than 20% of the rear yard.

(7) Open space. In each townhouse development, there shall be commonly owned and maintained open space in the amount of at least 350 square feet per dwelling unit. Each common open space which is provided to meet this requirement shall be at least 3,500 square feet in area and shall have a least dimension of not less than 60 feet.

(F) Height regulations. No building shall exceed three and one-half stories or 45 feet in height, except as provided in § 156.047.

(G) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FLOOR AREA. For a townhouse development, the total area, in square feet, of floor space within the outside dimensions of a building, including each floor level, halls, stairways, basement and covered exterior balconies, except as provided in this chapter.

TOWNHOUSE. One of a series of two or more attached dwelling units, separated from one another by continuous, vertical party walls without openings from basement floor to the roof deck and tight against same or through the roof and which are intended to have ownership transferred in conjunction with a platted lot, except as provided in this chapter.

(H) Exception to subdivision code; lot sizes.

(1) Except for townhouse lots, every residential lot served by a public sewage system shall not be less than 60 feet wide at the building line or less than 7,500 square feet in area or as provided by the zoning regulations or other requirements of this code.

(2) Except for townhouse lots, corner lots shall be at least 70 feet wide at the building line to allow for side street building lines. Building lines may be less than 25 feet when the average slope of the first 50 feet of the lot is greater than 20%.

(Prior Code, § 12-3A-5) (Ord. 1075, passed 3-11-2008)