The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the district regulations in the “R-3” Multiple Dwelling District. This district is composed of certain medium-density residential areas representing a compatible commingling of two-family and multi-family dwellings, including certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of medium-density dwellings plus certain additional uses such as schools, parks, churches, and facilities which serve the residents living in the district. Large apartments with corresponding proportions of open space may be developed under prescribed standards of density and open space. In addition to large areas allocated for this district, it has a useful application as a buffer or transition zone along major streets and bordering shopping centers.

1.   Uses Permitted. No land shall be used or occupied and no building or structure shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

   A.   Multi-family dwelling or multiple unit condominiums.

   B.   Two-family dwelling.

   C.   Boarding or lodging houses.

   D.   Accessory uses or buildings which are customarily incidental to above uses.

2.   Special Uses Permitted. The following uses may be permitted if specifically authorized by the Zoning Board of Adjustment in accordance with provisions contained herein and elsewhere in this Code of Ordinances and may require a site plan review as outlined in Section 167.29:

   A.   Public utility service and equipment.

   B.   Elder family home which complies with all applicable federal, State, and City codes as adopted.

   C.   Group child care center.

   D.   Group home for the disabled.

   E.   Home occupations.

   F.   Recreational, religious, and educational facilities normally provided.

   G.   Nursing homes - minimum lot size 10,000 square feet.

   H.   Retirement homes - minimum lot size 10,000 square feet.

   I.   Accessory uses or buildings which are customarily incidental to any of the above stated uses within the district. Accessory buildings and garages may house one commercial vehicle per dwelling unit. Said commercial vehicle shall not be directly used on the premises.

3.   Uses Prohibited. Uses prohibited are those uses not authorized in Subsections 1 and 2 of this section.

4.   Area Regulations.

   A.   Minimum Lot Area.

      (1)   A lot on which there is erected a two-family dwelling shall contain an area of not less than 5,500 square feet per dwelling unit.

      (2)   A lot on which there is erected a multiple-family dwelling shall contain an area of not less than 3,500 square feet per dwelling unit. Dormitories, fraternities, nursing homes, retirement homes, and like uses shall contain an area of not less than 2,500 square feet per unit.

      (3)   Where a lot has less area than herein required, and was of record at the time of the passage of the zoning ordinance, that lot may be used for any of the other non-dwelling uses permitted in this section.

   B.   Minimum Lot Width.

      (1)   A lot on which there is erected a two-family dwelling shall contain a width of not less than 85 feet.

      (2)   A lot on which there is erected a multiple-dwelling shall have a width of not less than 90 feet.

      (3)   Where a lot has less width than herein required but adequate area and was of record at the time of the passage of the zoning ordinance, that lot may be used for any of the other non-dwelling uses permitted in this section, unless only the width is in nonconformance, in which case the lot may be used for two-family dwelling purposes.

   C.   Front Yard.

      (1)   There shall be a front yard having a depth of not less than 25 feet, unless 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or lesser depth of front yard, in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street right-of-way line of the residence upon either side of the proposed structure, or if there is a residence only on one side, then beyond the straight line projected from the front of the two nearest residences, but this regulation shall not be interpreted to require a front yard of more than 75 feet. Where the street is curved, the line shall follow the street rather than a straight line.

      (2)   Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot.

      (3)   No accessory building shall project beyond the setback line on either side.

   D.   Side Yard. There shall be a side yard on each side of a building, having a width of not less than five feet. For all lots approved and developed after July 1, 1992, a minimum of six feet on one side shall be maintained with the total of the two side yards added together equaling not less than 15 feet. Whenever a lot of record existing at the time of the passage of the zoning ordinance has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than 10 percent of the width of the lot, but in no instance shall it be less than five feet.

   E.   Rear Yard. There shall be a rear yard having a depth of not less than 30 feet or 20 percent of the depth of the lot, whichever amount is greater, but need not exceed 50 feet.

 

 

5.   Decks. Decks are considered structures and must meet setback requirements.

6.   Height Regulations. No building shall exceed six stories in height, nor shall it exceed 75 feet in height, but provided further that any building exceeding three stories in height shall be set back a distance of one foot for every three feet that the building exceeds a height of 45 feet, and no accessory structure shall exceed one story or 15 feet in height.

7.   Parking Regulations. See Section 167.03(8) for parking requirements, which also includes lighting requirements.

8.   Trash Receptacles. Each multiple dwelling unit shall have installed, for the benefit and for exclusive use by the occupants of said dwelling unit, a trash receptacle adequate in size and function to properly contain all trash, garbage and debris. Such trash receptacle or receptacles shall be placed upon a concrete pad adequate in construction to support the said receptacles. The area selected for location of the trash receptacles shall be both readily accessible for collection, and if deemed necessary by the type of receptacles, with adequate paved drive to and from the trash receptacle, and shall not be hazardous to or interfere with children playing in and around the area. The proposed location of the trash receptacle area shall be shown on the site plan as approved by the Commission.

9.   Fire Ladder or Fire Escapes. All multiple dwelling units with two stories or more shall provide adequate fire egress, smoke detectors and fire extinguishers in compliance with the Uniform Building Code, Uniform Fire Code, and State of Iowa regulations.