§ 130. "R-3" Residence District Regulations.

1.

Scope of provisions. This section contains the district regulations of the "R-3" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Zoning Ordinance which are incorporated as part of this section by reference.

2.

Permitted land uses and developments. The following land uses and developments are permitted in this district:

(1)

Churches.

(2)

Day care homes licensed by the appropriate governmental authority.

(3)

Dwellings, single-family.

(4)

Home occupations.

(5)

Libraries, public or private not-for-profit.

(6)

Local public utility facilities sixty (60) feet or less in height or one hundred thousand (100,000) cubic feet in volume or less, provided that any installation, other than poles and equipment attached to the poles, shall be:

(a)

adequately screened with landscaping, fencing or walls, or any combination thereof, or

(b)

placed underground, or

(c)

enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening these facilities shall be submitted to the Director of Public Works for review. No building permit shall be issued until these plans have been approved by the Planning and Zoning Commission.

(7)

Parks, parkways, and playgrounds, public or private not-for-profit.

(8)

Police stations and fire stations.

(9)

Schools, public or private kindergarten, secondary, and collegiate.

(10)

Schools, public or private elementary, on a tract of land of at least five (5) acres.

3.

Conditional land use and development permits issued by the Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 290, "Conditional Use Permits," of this Zoning Ordinance.

(1)

Child care centers, nursery schools, and day nurseries.

(2)

Private, not-for-profit clubs, and private, not-for-profit recreational land uses and community centers.

(3)

Foster homes for handicapped children.

(4)

Golf courses or practice driving tees, which are non-illuminated. Miniature golf courses are excluded.

(5)

Group homes for the developmentally disabled to be occupied by no more than five (5) individuals (excluding supervisory personnel) not related by blood or marriage to the operator or operators of the facility.

(6)

Group homes for the elderly.

(7)

Group living facilities providing a permanent residence for not more than five (5) individuals, all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.

(8)

Hospitals and hospices.

(9)

Local public utility facilities over forty-five (45) feet in height.

(10)

Nursing homes.

(11)

Public utility facilities.

(12)

Retreats owned and operated by religious, educational, or other not-for-profit establishments.

(13)

Schools, public or private elementary, on a tract of land of at least three (3) acres but less than five (5) acres.

(14)

Sewage treatment facilities, other than individual sewage treatment facilities permitted as an accessory use.

(15)

Specialized private schools.

4.

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Detached above-ground accessory structures shall not cover more than seven (7) percent of the lot area. Accessory uses include the following:

(1)

Devices for the generation of energy, such as solar panels and similar devices.

(2)

Individual sewage treatment facilities serving an individual dwelling or nonresidential use, as approved by the appropriate regulatory agency. The sewage treatment facilities shall not exceed five thousand (5,000) gallons per day flow.

5.

Performance standards. All uses in the "R-3" Residence District shall operate in conformity with the appropriate performance standards contained in Section 210, "Zoning Performance Standard Regulations," of this Zoning Ordinance.

6.

Height limitations for structures. The maximum height of structures in the "R-3" Residence District shall be as set out below:

(1)

No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or forty-five (45) feet in height, whichever is less.

(2)

All other structures, other than a public utility tower or a local public utility facility authorized by a conditional use permit, shall not exceed a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure.

7.

Lot area, yard, and density requirements. The minimum lot area and yard requirements for land uses and developments in the "R-3" Residence District as well as the maximum density of nursing home self care units shall be as set out below:

(1)

Minimum lot area requirements:

(a)

The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:

Use	Minimum Area
Child care center	30,000 sq. ft.
Church	3 acres
Dwelling, single-family	10,000 sq. ft.
Group homes for the developmentally disabled	10,000 sq. ft.
Group living facilities for religious purposes	10,000 sq. ft.
Library	1 acre
Local public utility facilities	10,000 sq. ft.
Mechanical sewage treatment facility	10,000 sq. ft.
Schools:
Nursery or day nursery	15,000 sq. ft.
Kindergarten (separate)	1 acre
Elementary (permitted use)	5 acres
Elementary (conditional use)	3 acres
Junior High	10 acres
Senior High	20 acres
Collegiate	20 acres

 

(b)

Any lot or tract of record on the effective date of this ordinance, which contains less than ten thousand (10,000) square feet, may be used as a site for one single-family dwelling together with accessory structures and uses.

(c)

Foster homes for handicapped children, group homes for the elderly and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning and Zoning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and ones are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than ten thousand (10,000) square feet.

(d)

Specialized private schools shall be located on a tract of land containing one acre for each fifteen (15) pupils, but in no case less than five (5) acres.

(e)

All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area.

(2)

Minimum yard requirements; general:

(a)

Front yard: No structure shall be allowed within twenty (20) feet of any roadway right-of-way line.

(b)

Side yard: No structure shall be allowed within eight (8) feet of any side property line.

(c)

Rear yard: No structure shall be allowed within fifteen (15) feet of any rear property line.

(d)

No rear yard line will be permitted coincidental with a roadway right-of-way line.

(3)

Specific yard regulations and exceptions:

(a)

Notwithstanding any other provision of this ordinance, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

(b)

Boundary walls or fences, six (6) feet or less in height, are allowed within the minimum yard requirements.

(c)

Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Planning and Zoning Commission. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban, "PS" Park and Scenic, or any "R" Residence District.

(d)

In the event that greater than fifty (50) percent of the existing dwelling structures on the same side of a street and in both directions from a lot, for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.

(e)

If a lot of record existing on the effective date of this ordinance has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.

(f)

Any nonresidential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one additional foot for every foot of height above thirty (30) feet.

(4)

Maximum density, maximum height and minimum yard requirements for nursing homes:

(a)

Densities of self care units shall not exceed fifteen (15) units per acre.

(b)

No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.

(c)

No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.

8.

Off-street parking and loading requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 220, "Off-Street Parking and Loading Requirements," of this Zoning Ordinance.

9.

Sign regulations. Sign regulations are set forth in Chapter 17.5, "Signs," of this Code.