Pursuant to the purposes of this chapter, the intent of the R-3 High Density Residential District is to provide appropriate areas for relatively high density residential development with a variety of housing types of a nontransient nature within a suitable residential environment. The district is designed to accommodate single-family, two-family and multiple-family dwellings, group homes and limited residential care facilities in addition to specific nonresidential uses which are necessary to provide for the recreational, educational, cultural and public service needs of a residential community. It is the intent of the district to exclude land uses of a primarily commercial nature which are potentially incompatible with residential uses. The district includes lot size, open space, yard and other requirements designed to avoid overcrowding of land, to ensure a suitable living environment, to promote compatible relationships among the various permitted housing types, and to avoid undue burden on utilities and public services which serve the area.

(Ord. of 3-27-89, § 15-44; Ord. No. 05-2022, 7-25-22)

The following uses and structures shall be permitted in the R-3 High Density Residential District:

(1)

Single-family detached dwellings.

(2)

Single-family attached dwellings, provided that appropriate agreements and covenants approved as to form by the town attorney provide for the perpetuation and maintenance of all areas and facilities within a development site to be held in common ownership by property owners within such development site, and provided further that a plan of development shall be required as set forth in article IV of this chapter.

(3)

Two-family dwellings.

(4)

Reserved.

(5)

Nursing homes, provided that a plan of development shall be required as set forth in article IV of this chapter.

(6)

Group homes of eight or fewer and group homes of more than eight, provided that a plan of development shall be required as set forth in article IV of this chapter.

(7)

Churches, provided that a plan of development shall be required as set forth in article IV of this chapter.

(8)

Public schools and private schools having substantially the same curriculum as public schools, provided that a special use permit shall be required as set forth in article XXII of this chapter.

(9)

Parks, recreational facilities, libraries and museums owned or operated by a governmental agency, and other uses required for the performance of governmental functions and intended primarily to provide services to adjoining neighborhoods, provided that a special use permit shall be required as set forth in article XXII of this chapter for all uses and structures permitted by this paragraph.

(10)

Propagation and cultivation of crops, flowers, trees and shrubs which are not offered for sale on the premises.

(11)

Rights-of-way, easements and appurtenances for public utilities and public transportation, but not including railroad yards, freight or passenger depots, generating plants, transformer stations, sewage treatment plants or similar facilities.

(12)

Private wells, provided that a special use permit as set forth in article XXII of this chapter shall be required for any well which does not exclusively serve the property on which it is located.

(13)

Home occupations, as defined in article II of this chapter.

(14)

Signs as regulated by the provisions of article XXI of this chapter.

(15)

Accessory uses and structures, excluding the use of truck bodies, vans, trailers tanks and other vessels, as an accessory structures.

(16)

Child care centers, licensed by the state, provided that outdoor play areas shall not be located within any yard between the main building and a street or within any required side yard, and shall be enclosed with continuous fencing not less than four feet in height, and provided further that a special use permit is obtained in accordance with the procedures set forth in article XXII of this chapter.

(17)

Homestay provided that a special use permit shall be required as set forth in article XXII of this chapter.

(Ord. of 3-27-89, § 15-45; Ord. of 5-23-94; Ord. of 12-29-97; Ord. of 10-30-00(2); Ord. No. 04-05, 8-29-05; Ord. No. 03-2019, 2-25-20; Ord. No. 05-2022, 7-25-22)

In the R-3 District, all permitted uses shall be served by public sewer and water systems except single-family detached dwellings located on lots meeting the requirements of section 70-139 and other permitted uses for which no sewage disposal or water supply is required by applicable health or building code requirements. Individual connections for sewer and water shall be provided for each single-family attached dwelling unit.

(Ord. of 3-27-89, § 15-46)

(a)

In the R-3 District, single-family detached dwellings served by public sewer and water systems and all other permitted uses for which specific lot area requirements are not set forth by the provisions of paragraphs (c), (d) and (e) of this section shall be located on lots of not less than 5,750 square feet in area.

(b)

Single-family detached dwellings which are not served by public sewer and water systems shall be located on lots of not less than 15,000 square feet in area, provided that a greater minimum lot area may be required by the health official when deemed necessary for the safe and healthful provision of on-site sewage disposal and water supply.

(c)

Single-family attached dwellings shall be located on lots of not less than 2,000 square feet in area, provided that the total area of the development site shall be not less than an area equal to 5,750 square feet for the first dwelling unit within the development site plus 3,000 square feet for each additional dwelling unit within the development site. For the purposes of this requirement, a development site shall be as defined in article II of this chapter.

(d)

Two-family dwellings shall be located on lots of not less than 8,750 square feet in area.

(Ord. of 3-27-89, § 15-47; Ord. No. 04-05, 8-29-05)

(a)

In the R-3 District, permitted uses other than single-family attached dwellings shall be located on lots of not less than 50 feet in width.

(b)

Single-family attached dwellings in the R-3 District shall be located on lots of not less than 18 feet in width, provided that the end lots of each row of attached units shall be not less than 28 feet in width.

(Ord. of 3-27-89, § 15-48)

There shall be a living area of not less than 1,200 square feet provided within each dwelling unit in the R-3 District, except that each two-bedroom dwelling unit in a two-family or multiple-family dwelling shall contain not less than 832 square feet of living area and each one-bedroom or efficiency dwelling unit in a two-family or multiple-family dwelling shall contain not less than 720 square feet of living area.

(Ord. of 3-27-89, § 15-49; Ord. No. 08-04, 9-27-04)

In the R-3 District, usable open space in the amount of not less than two square feet for each one square foot of floor area contained in all buildings shall be provided on each lot devoted to nursing homes and group homes. For the purposes of this requirement, usable open space and floor area shall be as defined in article II of this chapter.

(Ord. of 3-27-89, § 15-50; Ord. No. 04-05, 8-29-05; Ord. No. 05-2022, 7-25-22)

(a)

In the R-3 District, there shall be a front yard of not less than 25 feet.

(b)

In the R-3 District, side yards of not less than 7½ feet shall be provided on lots devoted to single-family detached dwelling uses.

(c)

In the R-3 District, a side yard of not less than ten feet shall be provided at each end of a row of single-family attached dwellings.

(d)

In the R-3 District, side yards of not less than ten feet shall be provided on lots devoted to all permitted uses other than single-family detached and single-family attached dwellings.

(e)

In the R-3 District, there shall be a rear yard of not less than 25 feet.

(f)

When two or more buildings devoted to permitted principal uses are situated on the same lot in the R-3 District, yards of not less than 50 feet shall be provided between such buildings, except that where neither of the opposing walls of two buildings contain windows, the yard between the buildings shall be not less than 20 feet.

(Ord. of 3-27-89, § 15-51)

(a)

Not more than six single-family attached dwellings shall be attached in a series or continuous row in the R-3 District.

(b)

Variations in front yards or in the architectural detail treatment of the fronts of dwelling units shall be provided within each series or continuous row of attached units in the R-3 District.

(Ord. of 3-27-89, § 15-52)

No building or structure in the R-3 District shall exceed a height of 35 feet.

(Ord. of 3-27-89, § 15-53)