Union City Zoning Code
ARTICLE VI
"R-3" Multiple-Family Dwelling District
Section 405.185 General Purpose and Description.
[R.O. 2012 §405.185]
The purpose of this district is to provide for a mix of higher density residential options including single-family dwellings, two-family dwellings (duplexes), condominiums and garden apartments along with educational, recreational and religious facilities necessary to support a balanced residential community. In addition to increasing residential options, the variety of uses permitted within this district allows for greater flexibility in the establishment of smooth transitions from more to less intensive land uses. Ideally, a hierarchy of land use relationships may be created both within and without the district, effectively "stepping down" from intensively used commercial/industrial areas ("B-1"; "B-2"; "I-1") through apartment/condominium, duplex and higher density single-family uses within "R-3" Districts to lower density residential zones ("R-1", "R-2"). To reduce the potential of traffic congestion on the local street network, "R-3" Districts should include substantial frontage on collector roads and may include frontage on arterial streets. Given the relative density of development, care should be exercised to provide ready access to substantial common areas and/or public parks assuring adequate light, air, and open space for residential uses.
Section 405.190 Permitted Uses.
[R.O. 2012 §405.190]
The permitted uses in the "R-3" Multiple-Family Dwelling District shall be as set out in Appendix A of this Title.
Section 405.195 Conditional Land Use.
[R.O. 2012 §405.195]
The conditional uses in the "R-3" Multiple-Family Dwelling District shall be as set out in Appendix A of this Title.
Section 405.200 Accessory Land Uses.
[R.O. 2012 §405.200; Ord. No. 3887 §3, 8-11-2014; Ord. No. 4760, 4-14-2025]
A.
Regulations in this Subsection (A) apply to structures constructed on dwelling lots that are less than two (2) acres in area. 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. Accessory buildings, except inground swimming pools, which are not a part of the main building may only be built in a required rear yard, but such accessory building shall not be nearer than six (6) feet of the rear or side lot lines. No accessory building shall be built upon any easement. Accessory uses include the following:
1.
Temporary buildings and uses for construction purposes for a period not to exceed one (1) year.
2.
Garage, private, attached or detached building designed or used for storage of one (1) or more privately owned motor-driven vehicles owned and used by the occupants of the building to which it is accessory and including carports or other similar structures, not to exceed fifty percent (50%) of the square footage of the principal building in size.
3.
Private swimming pools shall be fenced so as to insure the safety of the citizens of Union. For the purposes of this Chapter, proper fencing shall be, at a minimum, four (4) feet in height and constructed so that any such pool is not readily accessible to passersby or small children. Any such swimming pool shall conform to the side and rear yard setback requirements of the applicable district in the same manner as the principal use. All such swimming pools shall be constructed so as to avoid drainage onto adjoining property and shall meet all regulations and Building Codes in effect.
B.
Regulations in this Subsection (B) apply to structures constructed on dwelling lots that are two (2) acres or more in size.
1.
Accessory structures constructed on lots of two (2) or more acres in area are permitted under the Code through the Building Department as long as the total area footprint of the structure is less than one percent (< 1%) of the total area of the lot. Structures planned which will cover more than one percent (> 1%) of the total area of the lot must be approved by the Planning and Zoning Commission and the Board of Aldermen.
2.
Accessory structures constructed on lots of three (3) or more acres in area are also exempt from the requirement to build in the rear yard of the main structure, and can be built anywhere on the lot.
Section 405.205 Height Requirements.
[R.O. 2012 §405.205]
A.
The maximum height of buildings shall be as follows:
1.
Single-family and two-family dwellings shall not exceed thirty-five (35) feet. Single-family and two-family dwellings may be increased in height by not more than ten (10) feet to a maximum height of three (3) stories when the side and rear yards are increased over the yard requirements of the district by not less than ten (10) feet each.
2.
Single-family attached dwellings and multiple-family dwellings — thirty-five (35) feet, and not over three (3) stories.
3.
Churches and similar places of worship — seventy-five (75) feet for towers or steeples and not more than forty-five (45) feet for the principal building.
4.
All other structures — forty-five (45) feet for the principal building, not including mechanical appurtenances.
Section 405.210 Lot Area, Yard and Density Requirements.
[R.O. 2012 §405.210; Ord. No. 3384 §1, 7-14-2008]
A.
Single-family and two-family dwellings, boarding houses, and private clubs shall be on a lot of not less than seven thousand five hundred (7,500) square feet and a width at the established building line of not less than sixty-five (65) feet.
B.
Single-family attached and multiple-family dwellings shall be on a lot having not less than one thousand five hundred (1,500) square feet for each dwelling unit and a width at the established building line of not less than seventy (70) feet.
C.
Where a lot of record on the date of the passage of the ordinance adopting these regulations has less area or width than required within this zoning classification, the lot may be utilized according to the provisions applicable to single-family detached dwellings together with accessory structures and uses, provided that the requirements concerning minimum depth of front yard, minimum width of side yard and minimum depth of rear yard are met.
More than one (1) single-family attached, one (1) single-family detached or multiple-family dwelling may be erected upon a single lot provided that the following minimum distances between all principal buildings are provided:
D.
Public school or private school having a curriculum similar to that ordinarily given in a public school, including religious instruction in parochial schools, shall conform to the following minimum area requirements:
1.
Elementary School — three (3) acres plus one (1) acre per one hundred (100) students or fraction thereof design capacity.
2.
Junior High School — eight (8) acres plus one (1) acre per one hundred (100) students or fraction thereof design capacity.
3.
Senior High School — fifteen (15) acres plus one (1) acre per one hundred (100) students or fraction thereof design capacity.
More than one (1) school building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use requirements. |
E.
All other permitted uses shall be on a lot having an area of not less than one-half (½) acre and a width at the established building line of not less than eighty-five (85) feet.
Section 405.215 Yard Requirements.
[R.O. 2012 §405.215]
A.
Front yard not less than twenty-five (25) feet. Where a lot is a corner lot, the required front yard shall be provided on both streets.
B.
Side Yard.
1.
Side yard not less than eight (8) feet each side. The combined total of side yards for corner lots shall not be less than thirty (30) feet. The side yard on each side of a building on a lot of record, which is less than sixty-five (65) feet in width, shall have a width of ten percent (10%) of the width of the lot, but shall not be less than eight (8) feet.
2.
On lots upon which a church or similar place of worship is constructed or extension made to an existing church or similar place of worship, there shall be a side yard of not less than fifteen (15) feet on each side of the main structure.
C.
Rear yard not less than twenty-five (25) feet.
Section 405.220 Supplemental Regulations.
[R.O. 2012 §405.220]
Supplemental regulations shall be as permitted in Article XVI of this Chapter.
Section 405.225 Sign Regulations.
[R.O. 2012 §405.225]
Signs shall be as permitted in Article XVIII of this Chapter.
Section 405.230 Off-Street Parking Requirements.
[R.O. 2012 §405.230]
Off-street parking facilities shall be provided as required in Article XIX of this Chapter.