A.

The R-3 district is designed to permit residential use of land with various types of multiple dwellings and related uses. This district should be located near major arterial and collector roads for good accessibility, and near utility infrastructure to reduce costs of development. Developments in this district are intended to complement single-family developments. Various types and sizes of residential accommodations, for ownership or rental, would thereby be provided to meet the needs of the different age and family groups in the community without overtaxing existing community facilities, utilities or services.

B.

It is also the intention of this article to provide areas of sufficient size and allowing reasonable flexibility in design and orientation for the establishment of a structure or group of structures which include multiple dwellings designed in a planned unit development of more than one building on a given site. The requirements of area, height, bulk, and placement regulations, as they are usually applicable to individual buildings and individual lots of record, would in certain cases of large scale development have results affording less protection to the public health, safety and welfare than if a measure of flexibility were permitted. The permitting of planned unit developments as special and particular land uses can, in certain cases, increase the desirability and convenience to the residents or occupants of the planned unit development without causing adverse effects on adjoining properties. This type of development will permit a creative approach to residential development. A planned unit development will provide for an efficient use of land potentially resulting in more economical networks of streets and utilities thereby lowering housing and other land development costs as well as enhancing the appearance of neighborhoods through the preservation of natural features and the provision of recreation areas and open space.

C.

In creating this district the county intends to increase the variety of dwelling types in the housing market, and allow for innovative uses of real property which may not be suitable for development for other kinds of residential uses.

The following uses are permitted in the R-3 district:

A.

Accessory building or use customarily incidental to any permitted use, when located on the same lot and not involving any business, profession, trade or occupation, provided all accessory buildings shall conform and be located as required in section 4.10 of this chapter [appendix].

B.

Apartment (multifamily dwellings).

C.

Church.

D.

Community club located on state highway.

E.

Condominiums.

F.

Duplex.

G.

Garden.

H.

Guest home.

I.

High density residential development.

J.

Home occupation.

K.

Patio house.

L.

Recreational facility located on state highway.

M.

Residential planned unit development.

N.

Single-family detached dwelling, except manufactured or mobile homes.

O.

Temporary emergency construction and repair residences.

P.

Townhouses.

Q.

Zero-lot-line residences.

R.

The following commercial establishments may be permitted as customary accessory use in a planned residential development in this district provided such uses; (1) do not occupy a total of more than ten percent of the area of the development, (2) are located a minimum distance of 100 feet from any adjoining property line, street, or highway right-of-way, and (3) are intended for the convenience of, and for service to the occupants of the development:

1.

Coin-operated vending machines provided such are located within a building and are not visible from the street or adjoining property lines.

2.

Laundry and dry cleaning establishments or pick up stations for dry cleaning and laundry concerns; beauty shops; barber shops; and similar personal service businesses.

3.

Retail store intended for the convenience of, and for service to, occupants of the development.

4.

The planning commission may allow other uses when in its judgment the proposed use will not conflict with the intent of this chapter [appendix] or other county ordinances, and is appropriate to a residential development.

The following are conditional uses in the R-3 district:

A.

Nursery school, kindergarten or day care facility provided all state licensing requirements are met and the proposed facility is located on a state highway.

B.

Public cemetery of at least five acres with adequate buffer and located on a state highway.

The following table shows the single-family and duplex development requirements in the R-3 district:

R-3 MULTIFAMILY, RESIDENTIAL DISTRICT (EXCLUDES TOWNHOUSE, CONDOMINIUM, APARTMENT AND RESIDENTIAL PUD DEVELOPMENTS)

A.

The following table shows the townhouse, condominium and apartment development requirements in the R-3 district.

B.

An accessory building may abut another accessory building located on an adjacent lot along interior lot lines in developments in this district.

C.

Each individual dwelling unit in this district shall contain at least 900 square feet of floor area within outside walls exclusive of basements, unfinished attics, garages, porches or other such areas not normally used for human habitation.

R-3 Multifamily, RESIDENTIAL DISTRICT
TOWNHOUSE, CONDOMINIUM, AND APARTMENT DEVELOPMENT REQUIREMENTS

D.

No more than four individual dwelling units shall be built in a row having the same building line. In setting forth this requirement, the county intends to discourage the creation of long, unbroken lines of dwelling units. In complexes having more than four dwelling units, the required minimum offset in the building line shall be three feet. A row or grouping of dwelling units shall not exceed 250 feet in length.

E.

Any dwelling unit in this district on a subdivided lot shall have the required minimum frontage on a public street.

F.

Parking:

1.

A minimum of two, paved, off-street parking spaces shall be provided for each individual dwelling unit.

2.

Each dwelling unit in this district on a subdivided lot shall have its own parking spaces with direct access to a county road. Parking spaces and driveways are permitted in the front yard of a lot if a setback of 50 feet from the right-of-way is maintained and the front yard is properly landscaped.

G.

All buildings shall be constructed in accordance with the building codes adopted by the board of county commissioners.

A.

Requirements: The following table shows the residential planned unit development requirements for the R-3 district.

R-3 MULTIFAMILY, RESIDENTIAL DISTRICT
RESIDENTIAL PLANNED UNIT DEVELOPMENT REQUIREMENTS

B.

Location: The planned unit development shall have access to either an arterial or major collector road as defined in section 2.02.

C.

Utilities: The planned unit development shall be served by water and sewer.

D.

Ownership: There shall be unified control of the entire site. Prior to final approval of the development plan, evidence of unified control of the entire site shall be submitted to the planning commission. In addition, an agreement shall be submitted to the planning commission by all owners of the planned unit development, which includes their commitment to:

1.

Proceed with the proposed development in accordance with the planned unit development plans as submitted, and such conditions and safeguards as may be set by the board of commissioners granting the rezoning; and

2.

Provide agreements and deed restrictions acceptable to the board of commissioners for completion of such development according to plans approved and for the maintenance of such areas, functions, and facilities as are not to be provided, operated or maintained by the county, pursuant to written agreement; and

3.

Notify and bind their successors in title to any commitments made in their petitions of PUD approval.

E.

Review of plans: All plans approved shall be reviewed as a form of commitment on the part of the developer to execute the development precisely and only as submitted to, and ultimately accepted and approved by, the board of commissioners. No variations, changes, departures or exceptions to the approved plans shall be permitted except through the formal amendment process.

F.

Only approved uses allowed: After rezoning for a PUD in this district has been given formal approval, no use shall be made of a PUD site except that which had been approved as a result of the application, or the continuation of uses that existed at the time of the application.

A.

As a prerequisite for rezoning approval in the R-3 district, a minimum of 20 percent of the gross residential acreage, excluding rights-of-way, easements or paved areas plus one acre for each 100 residential units, shall be allocated as common space for the use of residents of the development. Land inundated with water can be substituted for only one-half of the required open space or common areas.

B.

Common open space shall be designed and developed for recreation or other amenity and must be suitably improved for its intended use. Open space shall not include rights-of-way, easements, paved areas or service areas.

C.

The common open space shall be situated such that it will best serve residents and be totally integrated within the various uses of the development.

D.

The development schedule must coordinate the development of common open spaces, construction therein, and the construction of residential dwellings in the development.

E.

The pedestrian circulation system and its related walkways shall be separated as completely as possible from the street or vehicular circulation system. All walks shall be of permanent nature and material.

Private vehicular access drives in the R-3 district not maintained by the county throughout the development shall meet all county road and street requirements.

All parking and loading in developments in the R-3 district shall comply with applicable off-street parking and loading requirements of the county.

A.

A petition for rezoning land in the R-3 district shall be submitted to the zoning administrator the same as with any zoning request.

B.

A written statement to accompany the zoning application must contain the following:

1.

An explanation of the character of the development.

2.

A statement of present ownership of all land included within the development.

3.

A general indication of the expected schedule of development.

C.

Following official rezoning of the property, the applicant shall submit a preliminary development site plan. The preliminary development plan shall include all of the following information:

1.

A preliminary site plan at a scale not less than one inch equals 100 feet, depicting all existing masses of trees and other natural features, including the topography of the land. A preliminary solution of all storm drainage needs shall be included.

2.

The location and grouping of all proposed uses and the amount of area planned for each, plus preliminary utility service plans.

3.

The tentative location of each residential density district, the number of residential units proposed for each density district, their general location, proposed lot designs and district lines. Tentative floor plans and exterior elevations, which need not be the result of final architectural decisions but which shall adequately describe the development, shall also be included.

4.

A preliminary vehicular and pedestrian circulation system, including driveways, walkways, loading areas, and parking areas, including the number of parking spaces and streets to be dedicated.

5.

A system of open space and recreational uses in residential projects with estimates of acreage to be dedicated for public use, and acreage to be retained in common ownership.

6.

A draft of the declaration by which the use, maintenance and continued protection of the development and any of its common open space areas shall be submitted.

7.

A development schedule indicating the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin, the anticipated rate of development, the approximate dates when the stages in the development will be completed, and the area and location of common space that will be provided at each stage.

D.

The planning commission shall review the preliminary development plan for compliance with the requirements of this section. In reviewing a development site plan in this district the planning commission shall consider the following criteria, to the extent relevant in each case, in evaluating the merits and purpose of a multifamily development. Individual lots, buildings, streets and parking areas should be designed and situated to:

1.

Minimize alteration of the natural features and topography.

2.

Minimize the adverse effects of noise and traffic on off-site residents.

3.

Allow for proper and adequate access for firefighting purposes and access to service areas to provide garbage and waste collection and for other emergency and accessory services.

4.

Achieve a compatible relationship between development and the land as well as with adjacent developments and land.

E.

The proposed development should not adversely affect the orderly development of the county.

F.

The proposed development shall accomplish the objectives and shall meet the standards and performance criteria as outlined in this chapter [appendix].

G.

Following approval of the preliminary development plan, the applicant shall, within six months, submit to the planning commission a final development plan containing in final form the information required in the preliminary development plan. The planning commission shall review and approve the final development plan to see that it is in compliance with the preliminary development plan. The planning commission may approve changes in the final development plan which comply with the following criteria:

1.

The revised plan contains the same or a fewer number of dwelling units or structures and/or floor area; or

2.

The open space is in the same general location and in the same general amount, or a greater amount; or

3.

Buildings have the same or fewer number of stories and/or floor area; or

4.

Roads and drives follow approximately the same course as in the preliminary development plan.

H.

No building permits shall be issued until the approval process is complete and all necessary plans, drawings, specifications and other required data have been submitted and approved. No construction may commence until the entire approval process is completed and appropriate permits issued.

The procedure for preliminary approval and final approval of any subdivision in the R-3 zoning district shall follow the requirements set forth in Chapter 58 of the Code of Ordinances of Sumter County.