§ 74-223. R-5 Multiple-Family Residential District (high-rise).

The R-5 Multiple-Family Residential District is designed to provide for multiple-family high-rise development.

(1)

Permitted uses.

a.

Single-family dwellings, R-1.

b.

Two-family dwellings, R-3.

c.

Multi-family dwellings.

d.

Parks and playgrounds.

e.

Accessory and temporary uses, as permitted in article VIII of this chapter.

f.

Signs, as permitted by chapter 53.

g.

Group homes, R-1.

(2)

Conditional uses.

a.

Swimming clubs, tennis clubs and clubhouses accessory to golf courses. Golf courses shall not include golf driving ranges, pitch and putt or miniature golf.

b.

Group day care home, as defined in section 74-159(b).

c.

Repealed.

d.

YMCA, YWCA and other similar uses, as defined in this chapter.

e.

Hospitals and other similar institutions provided that they shall be screened from adjacent residential property and shall be located on an arterial or collector street.

f.

Mortuaries.

g.

Repealed.

h.

Modular residential units.

i.

Churches, chapels, temples and synagogues.

j.

Parks and playgrounds.

k.

Schools: primary, intermediate and secondary.

l.

Church offices.

m.

Day care home, as defined in section 74-159(a).

(3)

Lot size requirements.

a.

Minimum lot area :

1.

Single-family dwellings and group homes, R-1: 10,000 square feet of land.

2.

Single-family attached or two-family dwellings, R-3: 6,250 square feet of land area per dwelling unit.

3.

Multiple-family (R-4): 15,000 square feet of land area for a three family unit and a minimum of 3,000 square feet of land for each unit except that one acre shall be required when a rezoning request considered that is not adjacent to an existing R-4 or R-5 zone, for the protection of adjacent property.

4.

Multiple family—high rise, R-5: 1,000 square feet of land per unit with a minimum of 22,500 square feet of land area, except that one acre shall be required when a rezoning request is considered that is not adjacent to an existing R-5 zone.

5.

Other permitted and conditional uses: one acre of land.

6.

Whenever one lot does not meet the required square footage to constitute one building lot to be developed by an individual landowner or developer, and part or all of another lot is combined to meet the minimum lot size, a replat will not be required. However, where more than two building lots or a subdivision is planned, a replat must be submitted for approval.

b.

Minimum lot width :

1.

Single-family dwellings and group homes, R-1: 75 feet.

2.

Two-family dwellings, R-3: 100 feet.

3.

Multi-family dwellings, R-4: 100 feet.

c.

Spacing of buildings. In addition to the requirement specified in subsection (3)b.3 of this section, the following building spacings shall apply:

1.

All apartment buildings shall be so arranged or grouped as to have a reasonably widely spaced distribution over the entire premises. In addition, the buildings shall be so located as to best serve the entire project. All apartment buildings shall be of new construction, and no existing dwellings may be moved or altered for use as apartments.

2.

No two buildings or opposite portions of the buildings shall have a closer relationship than the following:

(i)

Back of dwelling unit to back of dwelling unit, 40 feet.

(ii)

Front of dwelling unit to front of dwelling unit, 50 feet.

(iii)

End to end, 20 feet.

(iv)

Comer to corner, 15 feet.

(v)

End to back of dwelling unit, 25 feet.

(vi)

End to front of dwelling unit, 40 feet.

(vii)

No dwelling unit shall face directly upon the rear of another dwelling unit.

(viii)

Service areas, vestibules, porches, balconies, and canopies not extending more than ten feet from the building shall be excluded from the clearance requirements of subsections (3)(c)2(i) to (3)(c)2(vii) of this section, inclusive.

(ix)

Where the walls of two buildings face each other and the portions of the faces which overlap or are directly opposite each other do not exceed 15 feet in length and the overlapping portions do not contain windows, the distance between the walls may not be less than nine feet.

d.

Minimum lot depth :

1.

Single-family dwellings and group homes, R-1: 100 feet.

2.

Two-family dwellings, R-3: 125 feet.

3.

All other permitted and conditional uses: 150 feet.

(4)

Bulk regulations.

a.

Maximum structure height : 85 feet, not including chimneys or elevator penthouses with square footage not exceeding the elevator shaft.

b.

Yard requirements :

1.

Minimum front yard: 30 feet.

2.

Minimum side yard:

(i)

Residential buildings: 15 feet on each side of the zoning lot, except that residential buildings that have the entrance to two or more units facing the side yard shall have a minimum side yard of 20 feet on the side of the building on which such entrances are located.

(ii)

All other permitted and conditional uses shall have a side yard on each side of 20 feet, except accessory uses which shall be permitted and governed by article VIII of this chapter.

3.

Minimum rear yard: 25 feet.

c.

Off-street parking and loading. Off-street parking and loading as required in article XII of this chapter.

(5)

Environmental impact study. An environmental impact study, regarding traffic, lighting, noise, parking, stormwater or other aesthetic aspects may be required on a rezoning application as determined by the zoning administrator.

(6)

Two-family lot splits.

a.

A lot split request for a legally described lot containing a two-family dwelling unit may be granted so long as such lot split occurs along the interior common wall of the unit and extends along such line to the edge of the lot. A lot split may be granted no more than one time for any given lot containing a two-family dwelling unit and shall only be permissible for those structures originally constructed as a two-family dwelling unit. Additionally, no lot split request will be approved unless, at the time of the requested split, the two-family dwelling unit and underlying lot are in compliance with sections 74-221(1) (Permitted uses), 74-221(3) (Lot size requirements) and 7-221(4) (Bulk regulations).

b.

The standards for a two-family lot split are defined in section 62-17.

c.

All structures that are properly shown on the two-family lot split application at the time of the application submittal, provided that their use and location do not change from the time that the lot-split application is filed with the community development department, shall be considered to be conforming to these zoning regulations after the two-family lot split has been filed with the county. Any future expansion of the structure must comply with all applicable zoning regulations.

(Ord. No. 54, art. 4, § 4-105, 12-4-1958; Ord. No. 1662, 11-22-2010; Ord. No. 1779 , § 6, 3-12-2018)