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Westerville City Zoning Code

CHAPTER 1131

R-4 Multiple Family District

1131.01 PURPOSE.

   The purpose of the Multiple Family District is to provide for and encourage orderly medium density residential development in the form of multiple family housing or as a mixture of different housing types.
   Multiple Family District uses that create high traffic volumes shall be located with adequate access to community services and major thoroughfares, and shall lend themselves to effective integration into the neighborhood by location and function.
(Ord. 00-15. Passed 5-2-00.)

1131.02 PERMITTED AND CONDITIONAL USES.

   (a)   Permitted Uses in the R-4 Multiple Family District are:
      (1)   Multiple family units and accessory uses incidental to these uses, include the following:
         A.   An office to handle rentals and maintenance of dwelling units within the multiple family development in which the office is located, as an accessory use.
         B.   Private swimming pools for the exclusive use of residents of a multiple family development.
      (2)   Permitted uses in R-1 Single Family and R-3 Two-Family Districts.
   (b)   Conditional Uses in the R-4 Multiple Family District are:
      (1)   Conditional uses in the R-1, Single Family District.
      (2)   Conditional uses in the R-3, Two-Family District.
      (3)   Nursing Homes.
      (4)   Senior and Disabled Housing and Senior and Disabled Independent Housing.
(Ord. 00-15. Passed 5-2-00.)

1131.03 DEVELOPMENT STANDARDS.

   (a)   When the use is a permitted use or conditional use in the R-1 Single Family District, development standards are those required in the R-2 Single Family District.
   (b)   When the use is a permitted use or conditional use in the R-3 Two-Family District, development standards are those required in the R-3 Two-Family District.
   (c)   Lot Requirements for Multiple Family Use, Nursing Homes and Senior and Disabled Housing, Senior and Disabled Independent Housing (refer to Section 1131.04 for additional standards) in the R-4 Multiple Family District are:
      (1)   Minimum lot area: 10,800 square feet.
      (2)   Minimum lot area per unit: 5,445 net square feet and may be reduced to 3,600 net square feet with approval of the Planning Commission based upon subsection 1131.03(F).
      (3)   Minimum lot width: 100 feet on a publicly dedicated right-of-way at the front building line.
      (4)   Minimum front yard: 30 feet; 40 feet for structures on lots fronting on arterial streets.
      (5)   Minimum side yard: 20 feet for principal building walls with no doors or windows. For principal building walls with windows and doors facing the side yard, the minimum side yard shall be equal to the height of the building, or as minimum of 25 feet, whichever is greater. One-story accessory buildings and any pavement shall not be closer than ten feet to the side yard lot line.
      (6)   Minimum rear yard: 25 feet; 50 feet for lots backing onto an arterial street. Any pavement and one-story accessory buildings shall not be closer than ten feet to the rear lot line. For garages, an additional two feet of rear yard is required for each parking space in the garage in excess of two spaces.
      (7)   Minimum distance between buildings: If there are two or more buildings located on a single lot, the minimum distance between opposite walls shall be ten feet for facing walls with no windows or doors. If any one or both of the walls facing each other have windows or other wall openings, the minimum distance between walls shall be equal to the height of the higher building.
      (8)   Two-story accessory buildings shall be located at least 65 feet from any lot line.
      (9)   Maximum lot coverage: 50% for structures and pavement.
   (d)   Building Requirements in the R-4 Multiple Family District are: Maximum height: 35 feet.
   (e)   Site Development Requirements in the R-4 Multiple Family District are:
      (1)   All applicable subdivision regulations and parking, sign and landscaping regulations of this Zoning Ordinance must be satisfied.
      (2)   Parking: two spaces per unit, plus guest parking at a rate of one space per four units.
      (3)   A traffic and parking system plan must be approved that details ingress and egress, parking areas, number of parking spaces, access drives and pedestrian walkways. No parking shall be permitted in a front yard. The plan shall minimize conflict between pedestrian and vehicular movement.
      (4)   For curb cuts serving one lot, the minimum distance between curb cuts along publicly dedicated streets is 120 feet. The number of curb cuts within the lot frontage and joint curb cuts between adjacent use shall be minimized.
      (5)   A plan must be approved that indicates storm drainage runoff collection points and locates outdoor trash container systems. Approved screening shall be provided to enclose trash containers from view.
   (f)   Procedure for Approving Reduced Minimum Lot Area Per Unit (Density Bonus). In determining the acceptability of a density bonus not to exceed 3,600 net square feet per unit as the minimum lot size, the Planning Commission may base their approval on the following criteria:
      (1)   The development is directly adjacent to major thoroughfares, as delineated in the Thoroughfare Plan, and Community Services.
      (2)   Building design and site design is the high quality and includes the integration of buildings and structures with natural materials or well defined design.
      (3)   A well-designed open space system is utilized that provides pedestrian and bicycle access to neighborhood facilities, parks, play areas and scenic areas, and the system includes provision for landscaping and outdoor furniture.
      (4)   Land is provided for major community facilities and schools.
   (g)   Specifically, in order to qualify for a density bonus, the applicant shall demonstrate the following in addition to any other consideration required by the Planning Commission:
      (1)   To qualify for requesting a density bonus, the subject site shall be a maximum of 20 acres in size.
      (2)   A minimum of 20% of the total site shall be designated as open space to be conveyed to the City or to a homeowners association for perpetual use as a recreational area.
      (3)   Sensitivity shall be expressed in the layout of the development relative to natural characteristics, such as topography and flood plains, and to unique natural features, such as wetlands and woodlands.
      (4)   Traffic mitigation measures must be included to accommodate any increase in traffic generation and an additional one off-street parking space for every four units shall be provided.
(Ord. 00-15. Passed 5-2-00.)

1131.04 SUPPLEMENTARY STANDARDS FOR CONDITIONAL USES.

   All conditional uses shall meet the minimum requirements established by Section 1131.03 unless modified by this section.
   (a)   Purpose and Intent. The purpose of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Section 1131.03 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Multiple Family District.
   (b)   Development Standards for Nursing Homes, Senior and Disabled Housing and Senior and Disabled Independent Housing.
      (1)   Lot requirements.
         A.   Minimum lot area: None, except that lot size shall be adequate to meet all yard and parking requirements.
         B.   Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet the parking and yard space requirements.
         C.   Minimum front yard: Thirty feet; 40 feet for structures on lots fronting on major, minor arterial and major collectors as designated by the Official Thoroughfare Plan. Pavement areas shall be at least ten feet from the right-of-way.
         D.   Minimum side yard: For structures, 15 feet. For pavement areas, ten feet.
         E.   Minimum rear yard: For structures, 15 feet. When abutting single or two family districts the rear yard shall equal the rear yard requirement of the abutting district. For pavement areas, ten feet.
         F.   Maximum lot coverage: Main and accessory structures and parking pavement areas shall occupy no more than 50% of the lot.
         G.   Parking areas shall be no closer to main structures than ten feet.
         H.   Minimum lot area per dwelling unit shall be calculated on the basis of 1,450 square feet for nursing homes and senior and disabled housing. For senior and disabled independent housing, minimum lot area per dwelling unit shall be calculated on the basis of 5,445 square feet and may be reduced to 1,450 square feet with approval of the Planning Commission if the proposed development fully complies with the requirements of Section 1131.04. For nursing homes and senior disabled housing, minimum lot area per unit may be varied by the Planning Commission based upon the merits of the site development plan submitted. The Commission shall consider the factors established by the site development plan, the dwelling unit size and mix, the site configuration and the development incentives set forth in Section 1135.03(c)(3)A., B. and C.
      (2)   Building requirements.
         A.   Maximum height: Thirty-five feet. The maximum height may be increased to 50 feet by Planning Commission if the lot is not adjacent to any single or two family dwellings. If the building is adjacent to a single family or two family dwelling, the building height may be increased to a maximum height of 50 feet by Planning Commission if one foot of additional setback is provided for each additional foot of height along the affected property line.
         B.   Accessory buildings have the same yard requirements as main buildings.
         C.   Minimum dwelling unit area: A minimum of 300 square feet of living space for efficiency apartments, with private bathrooms, 220 square feet for efficiency apartments without private bathrooms, 500 square feet for one-bedroom units and 700 square feet for two-bedroom units. A minimum of 100 square feet of living space per person for nursing homes.
         D.   Housing shall be specifically designed for senior and disabled citizens and include facilities generally associated with the needs and interests of aged persons. Access to these facilities and common and public use areas shall be provided in accordance with the “Fair Housing Accessibility Guidelines (FHAG)” as prescribed in R.C. § 378.1.111.
         E.   Any facility containing two or more stories shall contain elevator access to all dwelling units above the first floor.
      (3)   Site development requirements.
         A.   All applicable subdivision regulations and sign regulations, as well as parking and landscaping regulations of this Zoning Ordinance must be satisfied. The location, size, design, and operating characteristics of the facility will be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to harmful effect, if any, upon desirable neighborhood character.
         B.   Parking accommodations and loading areas shall be provided pursuant to a layout plan designed by the owner of the land to be developed, conforming to Chapter 1171 and showing traffic movement, ingress and egress, traffic control points, the number and size of parking spaces and service areas. In addition, the expected peak hour traffic volume for employees, members of the public and deliveries shall be described by text. The facility shall not adversely affect the generation of traffic and the capacity of surrounding streets.
         C.   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land.
         D.   Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.
         E.   Provision shall be made for an emergency medical service drive or zone.
         F.   Units are to be within reasonable walking distance, generally within two blocks, of major traffic arteries, shopping, community facilities, and other daily activities. If this requirement cannot be met, daily service by shuttle bus for residents to these activities must be available.
         G.   The owner shall file with the Franklin or Delaware County Recorder a covenant, approved as to form by the City Attorney, in which said owner shall covenant on behalf of themselves, their heirs, executors, and assigns not to use the property for any other use than nursing homes, senior and disabled housing or senior and disabled independent housing, unless the use complies with all requirements of the Planning and Zoning Code. Required compliance includes, but is not limited to, density, unit sizes, parking, and setbacks.
         H.   In addition to the requirements of Section 1111.02(c), a Site Development Plan for any site plan shall be submitted to the Planning Commission. The plan for nursing homes, senior and disabled housing or senior and disabled independent housing shall set forth:
            1.   Natural scenic characteristics preserved.
            2.   Recreational, educational and social facilities of the development.
            3.   Pedestrian and bicycle access to neighborhood facilities, parks and scenic areas.
            4.   Building architectural design and construction materials.
         I.   A minimum of 20% of the total site shall be designated as common open space for active and/or passive recreational uses. Common open space shall not include required setback and buffer yard areas. Up to 40% of the required common open space area may be provided in the form of a common leisure/recreation room.
(Ord. 00-15. Passed 5-2-00; Ord. 2024-11. Passed 7-2-24.)