[Ord. No. 738 § 8, 1-9-1961; Ord.
No. 946 § 1, 11-9-1970; Ord. No. 1423 § 2, 3-21-1988; Ord.
No. 1579 § 1, 10-15-1990; Ord. No. 1603 §§ 12
— 15, 3-18-1991; Ord. No. 2211 § 3, 9-16-2002; Ord.
No. 2382 §§ 2 — 3, 12-19-2005]
A.
Permitted Uses. In District "R-3", no building,
structure or land shall be used, and no building or structure shall
be hereafter erected, constructed, reconstructed or altered, except
for one or more of the following uses:
1.
Any use which is a permitted use in District "R-2", including the
regulations as established therein for garages, stables, servants'
quarters and accessory buildings and uses; except that in District
"R-3", no private garage shall provide space for storage for more
than one (1) vehicle for each one thousand (1,000) square feet of
lot area, and further provided that no business, occupation or service
connected with motor vehicles, except washing, shall be permitted.
2.
Apartment house.
3.
Bed-and-breakfast establishments.
4.
Boarding houses or lodging houses.
5.
Fraternity or sorority houses and dormitories.
6.
Nursing homes.
7.
Non-commercial parking lots for off-street parking of motor passenger
vehicles.
8.
Philanthropic or eleemosynary use, or institutions other than penal
or correctional institutions.
9.
Private clubs or fraternal orders; except, those whose chief activity
is a service customarily carried on as a business.
10.
Private schools.
11.
Hotels and apartment hotels, including only such facilities as are
customarily required for the operation of a hotel or apartment hotel
or for the use of or entertainment of guests or tenants; provided,
such facilities are conducted and entered from within the building
and provided, no window or other display or sign is used to advertise
the same.
12.
Any lawful use of land existing in District "R-3" on March
21, 1988 that is a conditional use under Subsection (B).
B.
Conditional Uses. The following uses shall be permitted in District "R-3" only after the issuance of a conditional use permit pursuant to the provisions of Section 31-65:
1.
Offices used for the practice, following and carrying on of one or
more of the following professions and businesses: Medical doctor,
osteopathic doctor, dentist, chiropractor, optometrist, podiatrist,
chiropodist, lawyer, engineer, certified public accountant, security
broker, financial planner or consultant, bookkeeping service, secretarial
service, insurance sales, real estate sales, computer programming
and software service and/or data processing service (excluding product
sales), or health and/or exercise center (excluding product sales).
2.
Family day care homes, day-care centers, child playcare centers,
child education centers, or child development institutions (sometimes
collectively referred to hereafter as "day care facilities") being any building or structure conducted or maintained by a person
who provides care for five (5) or more children under the age of eighteen
(18) away from their home, for compensation, excluding those children
who are related by blood, marriage or adoption to the child care provider
or residents of the house or building, and excluding those children
who are under guardianship with or in the legal custody of the child
care provider or residents of the house or building. No regularly
established public or parochial school, college, university, academy,
seminary, nursery school, or other school or institution organized
under Federal or State law shall be considered a day care facility.
Day care facilities, as defined above, shall be permitted provided
the following provisions are complied with:
a.
A day care facility shall keep no greater number of children at any
one (1) time than that number which may be set forth as a condition
within the conditional use permit. Such maximum number of children
may be included by the issuing authority in any conditional use permit
after consideration of site conditions and the oral and documentary
evidence receiving during the process required before a conditional
use permit may be issued;
b.
The rear yard of every day care facility is enclosed with fences
at least three (3) feet in height and has a depth of not less than
twenty-five percent (25%) of the depth of the lot, provided that the
depth of the rear yard need not be more than a total of twenty-five
(25) feet, and further provided that no part of any alley abutting
the rear yard of a day care facility shall be considered a portion
of the rear yard for the purposes of this subsection; and
c.
All applicable State and Federal laws and regulations concerning
day care facilities are met and required licenses are obtained and
maintained. If provisions of this Section are more restrictive than
State and Federal laws or regulations, the terms of this Section shall
govern.
3.
Hospitals, sanitariums or clinics.
4.
Commercial parking lots for off-street parking of motor passenger
vehicles; provided, any fee charged by the owner or operator for such
parking shall be only on a monthly or yearly basis and provided that
such parking lot is improved as herein otherwise required.
5.
Any use which is a conditional use in District "R-2".
[Ord. No. 738 § 8, 1-9-1961; Ord.
No. 1423 § 3, 3-21-1988]
In District "R-3", the height of buildings, the minimum dimensions
of lots and yards, the minimum lot area per family permitted upon
any lot, the floor area and sign restrictions shall be as follows:
A.
Height. No building hereafter erected or structurally
altered shall exceed three (3) stories or forty-five (45) feet in
height; except, as provided hereafter.
B.
Rear Yard. The depth of the rear yard shall be not
less than twenty-five (25) percent of the depth of the lot; provided,
such depth need not be more than a total of twenty-five (25) feet.
C.
Front Yard. Same as District "R-1".
D.
Side Yard. Same as District “R-1," including provision for corner lots adjacent to platted interior lots on a side street. Except, no side yard shall be required for a one-family dwelling attached to another one-family dwelling when it is in an approved Planned Dwelling District as set forth in Article XVIII of this Chapter.
[Ord. No. 3030, 10-21-2019]
E.
Vision Clearance. Same as District "R-1".
F.
Width of Lot. Same as District "R-1".
G.
Lot Area (permitted and conditional use). Every
building or portion of building hereafter erected or structurally
altered for residence purposes in District "R-3" shall provide a minimum
lot area of six thousand (6,000) square feet, and not less than two
thousand five hundred (2,500) square feet per family; provided, that,
where a lot has less area than herein required in single ownership,
but not less than five thousand (5,000) square feet as of January
9, 1961, this regulation shall not prohibit the erection of a one-family
dwelling. Where a public or community sewer is not available and in
use for the disposal of sanitary sewage, each lot shall provide not
less than fifteen thousand (15,000) square feet per family. In addition
to meeting the other requirements in this Section, the lot area for
each lot where a conditional use permit is applied or shall otherwise
be appropriate for the conditional uses to be made of the property,
as judged by the governmental body making the final decision on the
application, the Planning and Zoning Commission or the Board of Adjustment.
[Ord. No. 3046, 3-16-2020]
H.
Floor Area. Every single or two-family dwelling
hereafter erected, constructed, reconstructed or altered in District
"R-3" shall have a floor area as required in District "R-2". In addition
to meeting the other requirements in this Section, the floor area
for each lot where a conditional use permit is applied for shall otherwise
be appropriate for the conditional uses to be made of the property,
as judged by the governmental body making the final decision on the
application, the Planning and Zoning Commission or the Board of Adjustment.
I.
Signs. Buildings or structures on a lot where commercial
uses are permitted in District "R-3" may have one or more identification
signs not to exceed twelve (12) square feet each and not to exceed
a total cumulative square footage of twenty five (25) square feet
for all such signs on said buildings or structures on said lot. Advertising
signs shall not be permitted. All said identification signs shall
be non-illuminated and shall be flush-mounted against the side of
the buildings or structures.
