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Shelby City Zoning Code

CHAPTER 1272

R-3 RESIDENTIAL DISTRICT

§ 1272.01 ESTABLISHMENT; LOCATIONS.

   The R-3 Residential District is established in recognition of the fact that sections of the city include moderate-density residential developments that are urban in character and that contain a substantial proportion of one-, two- and multiple-family dwellings. Among these sections of the city is land served by centralized sewer and water or where these utilities are readily available with adequate capacity; land where the established use, character and density of development would be best maintained by these regulations; and land where the general welfare is best served by the provisions of this District in providing essential services and facilities at an adequate level and in an efficient and economic manner, without overcrowding the land.
(Ord. 1-91, passed 3-4-1991)

§ 1272.02 PERMITTED USES.

   The following uses shall be permitted in the R-3 Residential District:
   (a)   One-family dwellings;
   (b)   Two-family dwellings;
   (c)   Townhouse dwellings, provided that there will be no more than 12 townhouse dwellings in any contiguous group;
   (d)   Multiple-family dwellings, two stories or less, subject to review and approval of a site plan by the City Planning Commission and subject to the following:
      (1)   The proposed development shall have one property line abutting an arterial or collector thoroughfare or the boundary line of a B-Business or I-Industrial District.
      (2)   A 15-foot wide greenbelt, measured from the lot line, shall be provided on those side or rear yards abutting a one-family or two-family residential development.
      (3)   A six-foot high obscuring fence, measured from the surface of the ground, shall be provided wherever a parking lot abuts onto lot lines on a one- or two-family residential development. The fence or screening device shall not have any opening, except such openings as may be required by the Fire Chief for vehicular or emergency access to the proposed development.
   (e)   Public schools, parks and recreational facilities;
   (f)   Accessory buildings and uses as regulated in § 1296.01; and
   (g)   Automobile parking spaces as regulated in Chapter 1294.
(Ord. 1-91, passed 3-4-1991)

§ 1272.03 CONDITIONALLY PERMITTED USES.

   The following uses shall be permitted, subject to the conditions hereinafter imposed for each use, the provisions of § 1262.05 and the review and approval of the City Planning Commission:
   (a)   Cemeteries;
   (b)   Churches and other buildings for the purpose of religious worship, subject to the restrictions that apply in R-1 Residential Districts;
   (c)   Parochial and other private elementary or intermediate schools offering courses in general education;
   (d)   Private recreational areas, swimming pools, golf courses, tennis clubs and institutional or community recreation centers, subject to the restrictions that apply in R-1 Residential Districts;
   (e)   Utility and public service buildings and uses (excluding storage yards), when operating requirements necessitate the location of the buildings and uses within the immediate vicinity;
   (f)   Home occupations, subject to the conditions set forth in § 1260.09(b)(35);
   (g)   Hospitals, nursing homes and institutional uses;
   (h)   Funeral establishments, subject to the following conditions:
      (1)   The proposed site shall provide for an adequate assembly area, furnished off the street and outside the public right-of-way, for vehicles to be used in the funeral processions.
      (2)   Buildings of greater than the maximum height allowed in § 1266.13 may be allowed, provided that front, side and rear yards are increased above the minimum required yard setback by one foot for each one foot the building exceeds the maximum height allowed.
      (3)   Wherever the off-street parking area is adjacent to land developed for one-family and two-family residential purposes, a continuous and obscuring year-round greenbelt six feet in height shall be provided along the sides of the parking area adjacent to the residential development. The greenbelt shall be further subject to the provisions of Chapter 1296.
      (4)   The proposed site shall have at least one property line abutting a major or minor arterial thoroughfare. Access to and from the site shall be provided by a major or minor arterial thoroughfare or service access road.
   (i)   A manufactured home, but with the following restrictions:
      (1)   The manufactured home shall be affixed to a permanent foundation and connected to appropriate facilities.
      (2)   The manufactured home shall at no point be less than 22 feet wide, shall at no point be less than 22 feet in length and shall have a total living area of at least 800 square feet. These requirements are excluding garages, porches, additions, basements or any other structures.
      (3)   The manufactured home shall have a minimum 3:12 residential roof pitch, conventional residential siding and a six-inch minimum eave overhang, excluding appropriate guttering.
      (4)   The manufactured home must be manufactured after January 1, 1997.
(Ord. 32-98, passed 7-6-1998)

§ 1272.04 AREA AND BULK REQUIREMENTS.

   See § 1266.13 for provisions limiting the height and bulk of buildings, the minimum lot size and the maximum density permitted, and establishing minimum yard setback requirements.
(Ord. 1-91, passed 3-4-1991)