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York City Zoning Code

ARTICLE IX

- "R-3" MULTIPLE-FAMILY DWELLING DISTRICT

Sec. 1. - Intent and purpose of district.

The "R-3" multiple-family dwelling district is intended for the purpose of allowing high residential density land use with the co-mingling of compatible single-family and two-family dwellings, apartments, home occupations, certain community facilities and certain special uses, yet retaining the basic residential qualities.

Sec. 2. - District regulations.

In District "R-3", no building shall be used, and no building or structure shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the uses in section 3 below.

Sec. 3. - Use regulations.

(1)

Single-family, including manufactured homes in accordance with Article XXV, section 8, and two-family dwellings, but not including trailer houses or mobile homes.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings, including apartment houses, apartment hotels, condominiums and town houses.

(4)

Boarding and lodging houses.

(5)

Child care.

(6)

Churches and similar places of worship and parish homes.

(7)

Day nurseries.

(8)

Garage, community: A garage used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the general public, and which is owned, leased or cooperatively operated by such residents.

(9)

Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

(10)

Home occupations.

(11)

Institutions of higher learning, including dormitory accommodation.

(12)

Public open spaces including parks, playgrounds and recreation areas owned and operated by a public agency.

(13)

Public or parochial elementary, junior high and high schools and private schools with equivalent curriculum.

(14)

Raising of crops, trees, shrubs and grasses not sold on the premises.

(15)

Hospitals (but not animal hospitals).

(16)

Nonprofit institutions of an educational, or philanthropic nature, except penal or mental institutions.

(17)

Nursing homes and homes for the aged.

(18)

Customary accessory uses and structures located on the same lot or group of lots with the principal use, including tennis courts, swimming pools, private garages, garden houses, barbecue ovens and fireplaces, but do not include use unrelated to the principal use or any activity commonly conducted for gain.

(19)

Preschool.

(20)

Temporary structures incidental to construction work but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is complete.

(21)

A building or premises may be used for the following purposes in the "R-3" residential district if a special permit for such use has been obtained in accordance with Article XXIX of this ordinance.

(a)

Any public building erected or land used by any department of the city, county, state or federal government.

(b)

Airport or heliport.

(c)

Cemetery or crematory.

(d)

Telephone exchange, electric substations and regulator stations, or other public utilities.

(e)

Public and private parking on lots adjacent, contiguous or across the alley from a district classified as "C-1" or "C-2."

(f)

Group care facility.

(g)

Group home.

(h)

Campgrounds.

(22)

Home-Based Businesses as authorized by this Code.

(Ord. No. 147, § 1, 12-8-1983; Ord. No. 1497, § 8, 2-14-1985; Ord. No. 1528, § 6, 9-11-1986; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996; Ord. No. 1803, § 2, 11-18-1999; Ord. No. 1978, § 1, 1-18-2007; Ord. No. 2251, § 1, 7-16-2020; Ord. No. 2338, § 1, 10-20-2022; Ord. No. 2394, § 1, 4-17-2025)

Sec. 4. - Intensity of use regulations.

Except as hereinafter provided, all dwellings hereafter erected, enlarged, relocated, or reconstructed shall be located upon lots containing the following areas:

(1)

A lot on which there is erected a single-family dwelling shall contain an area of not less than five thousand (5,000) square feet.

(2)

A lot on which there is erected a two-family dwelling shall contain an area of not less than two thousand five hundred (2,500) square feet per family.

(3)

A lot on which there is erected a multiple dwelling shall contain an area of not less than six thousand (6,000) square feet, or fifteen hundred (1,500) square feet per family.

(4)

Dormitories, lodging houses, nursing homes and boarding houses shall provide one thousand (1,000) square feet of lot area for each occupant.

(5)

Where a single lot of record as of the effective date of this ordinance, as defined in the definitions section of this ordinance, has less area than five thousand (5,000) square feet and its boundary lines, along their entire length, touched lands under other ownership on the effective date of this ordinance and have not since been changed, such lot may be used only for single-family dwelling purposes, or for any other nondwelling use permitted in this district, and providing the structure conforms with other yard and height requirements of this district.

(6)

Home occupations must comply with all of the following conditions and standards:

(a)

Occupation or activity must be carried on in the principal building.

(b)

The occupation is carried on by a member or members of the immediate family residing on the premises.

(c)

The occupation is customarily incidental to the use of the premises as a dwelling place.

(d)

Not more than one nonilluminated nameplate is used. The nameplate shall be attached to the building and shall not exceed two (2) square feet in area.

(e)

The occupation does not occupy more than twenty-five (25) per cent of the floor area of one floor of the principal building.

(f)

No display will indicate from the exterior of the building that the premises are being used in part for any purpose other than a dwelling.

(g)

There is no commodity displayed or stored on the premises except that which is prepared on the premises.

(h)

No mechanical equipment is used except of a type that is normally used for purely domestic or household purposes.

(i)

The use or occupation is one of the following:

(1)

Office for the emergency consultation and treatment but not the general practice of a physician, surgeon, dentist, lawyer, clergyman and other recognized professions.

(2)

Dressmaking, sewing, cosmetology, hairdressing, millinery and similar occupations.

(3)

The giving of voice, piano or other musical instrument lessons limited to one pupil at a time.

(j)

A consent agreement is filed with the building official which has been signed by seventy-five (75) per cent of all the owners of land located within two hundred (200) feet of the boundaries of the property on which the home occupation is located. The consent by the building official to use a premises for a home occupation shall be personal to the applicant thereof and shall not be assignable.

(Ord. No. 1414, 4-9-1981; Ord. No. 1497, § 8, 2-14-1985; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996)

Sec. 5. - Height regulations.

No buildings shall exceed forty-five (45) feet in height, except as provided in the additional height, area and use regulations of this ordinance.

Sec. 6. - Yard regulations.

Yard regulations shall be in conformance with the following provisions and in accordance with Article XXV of this ordinance.

(1)

Front yard:

(a)

There shall be a front yard having a depth of not less than twenty-five (25) feet.

(b)

Where a lot or lots have double frontage, the required front yard shall be provided on both streets.

(c)

Where a lot is located at the intersection of two (2) or more streets, there shall be an adjacent street side yard of not less than fifteen (15) feet. No accessory building shall project beyond the respective front yard lines on either street.

(d)

Adjustment of front yard requirements. The front yards heretofore established shall be adjusted in the following cases:

1.

Where forty (40) per cent or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.

2.

Where forty (40) per cent or more of the frontage is on one side of a street between two (2) intersecting streets and is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:

a.

Where a building is to be erected on a parcel of land, other than a corner lot, that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on each side; or

b.

Where a building is to be erected on a parcel of land, other than a corner lot, that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

c.

No reduction of front yard requirements will be made for buildings to be erected on a corner lot except as set out in paragraph (c) above.

(2)

Side yard: Except as hereinafter provided in the following paragraph and the additional height, area and use regulations of this ordinance, there shall be a side yard having a width of not less than five (5) feet on each side of a building thirty-five (35) feet or less in height, and there shall be a side yard having a width of not less than eight (8) feet on each side of a building in excess of thirty-five (35) feet.

There shall be no side yard requirement for individual dwelling units developed within a condominium or townhouse arrangement. The principal structure housing such dwelling units shall be subject to the side yard requirements outlined above.

(3)

Rear yard. Except as otherwise provided in the additional height, area and use regulations, there shall be a rear yard having a depth of the smaller of twenty-five (25) feet or twenty (20) per cent of the lot depth.

(Ord. No. 1414, 4-9-1981; Ord. No. 1497, § 8, 2-14-1985; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996; Ord. No. 1978, § 1, 1-18-2007)

Sec. 7. - Parking regulations.

See Article XX.

(Ord. No. 1414, 4-9-1981; Ord. No. 1497, § 8, 2-14-1985; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996; Ord. No. 1978, § 1, 1-18-2007)

Sec. 8. - Sign regulations.

See Article XXIX [XIX].

(Ord. No. 1414, 4-9-1981; Ord. No. 1497, § 8, 2-14-1985; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996; Ord. No. 1978, § 1, 1-18-2007)