The regulations for residence districts are designed to conserve
existing residential areas and to regulate the efficient use and orderly
development of vacant land designated for residential uses. It is
essential that areas be designated and regulations imposed for the
various kinds of residential developments in order that the City and
other governing bodies can plan ahead for services, future schools,
parks, streets, and utilities.
Unless otherwise provided in the regulations of this chapter,
the following provisions shall apply to residence districts:
A. Home occupations. In all residence districts, any customary home
occupation shall be permitted, provided:
(1) It is conducted entirely within the dwelling and only by members
of the family residing in the dwelling, and when such home occupation
is incidental and secondary to the use of the dwelling for dwelling
purposes.
(2) There are no signs, display or activity that will indicate from the
exterior that the building is being used, in part, for any purpose
other than that of a dwelling, except one sign, not more than one
square foot in area.
(3) There are no commodities sold, or services rendered that require
receiving or delivery of merchandise, goods, or equipment on a regular
daily or semiweekly basis.
(4) There is no more than one additional person, other than a member
of the immediate family residing on the premises, employed or otherwise
engaged in the home occupation.
(5) All activity, including storage, is conducted completely within the
dwelling unit, attached garage or detached garage.
(6) There are no special structural alterations, or construction features,
to the dwelling, attached garage or detached garage.
(7) There is no perceptible noise, odor, smoke, electrical interference
or vibration emanating from the structure.
(8) There are no more than six customers or clients on the premises at
the same time.
(9) There is no activity between the hours of 11:00 p.m. and 7:00 a.m.
B. Exception to bulk regulations for subdivisions and planned developments.
(1) In order to perpetuate and encourage the reservation of substantial
open land for recreation and similar activities, a procedure is hereby
established to modify the bulk regulations of this chapter applicable
to subdivisions and planned developments which reserve areas for such
purposes. The exceptions to the bulk regulations of this chapter which
are permitted shall be applied to subdivisions and planned developments
in residence districts that provide permanent open space. To qualify
for exemptions to bulk regulations, the subdivision or planned development
must:
(a)
Have a permanent open space of not less than 10% of the subdivision
or planned development.
(b)
Be, with all legal instruments approved by the City Council,
dedicated or otherwise conveyed to and accepted by:
[1]
A public or quasi-public body approved by the City Council.
[2]
An incorporated not-for-profit organization, responsible for
the maintenance of the permanent open space and approved by the City
Council, in which each lot owner in the subdivision or planned development
automatically becomes a participating member; except in the case of
a planned development where all dwelling units are intended for rental,
such dedication or other conveyance shall not be required.
[3]
Any other grantee approved by the City Council.
(c)
Be perpetuated for its intended use by a recorded covenant approved
by the City Council containing stipulations that:
[1]
Building coverage shall never exceed 5% of the area of the permanent
open space.
[2]
The permanent open space will be maintained in good and satisfactory
condition for its designated use.
(2) The exception to the bulk regulations of this chapter which are permitted
to be applied to subdivisions or planned developments in residence
districts when permanent open space is provided are as follows:
(a)
Lot area. The required minimum lot area shall be reduced by
15%.
(b)
Gross density. In planned developments in the R-4 Residence
District, the gross density may be increased up to 20% and the permanent
open space for recreation use shall be used to satisfy all or part
of the usable open space requirement.
(c)
Lot width and yards. The required lot width and yard depths
may be reduced by 20%.
(d)
For additional permanent open space, provided in excess of that
required to qualify for bulk exceptions, the total number of dwelling
units within a subdivision or planned development shall not be decreased
from the number of dwelling units that would otherwise have been permitted,
provided that:
[1]
The lot area for any single-family detached dwelling shall not
be less than 6,000 square feet in area.
[2]
The lot area for dwelling units for any single-family attached
or semidetached dwelling, or multiple-family detached dwelling shall
not be reduced by more than 25%.
(e)
Permanent open space shall be considered to be a part of the
lot area in the application of floor area ratio requirements. The
maximum floor area for any portion of a subdivision or planned development
shall represent the same proportion of the total floor area allowed
in the subdivision or planned development as the lot area of such
portion represents to the total area of the subdivision or planned
development.
C. Required usable open space.
(1) In all residence districts, there shall be provided and perpetuated
on every lot, used in whole or in part for dwelling purposes, minimum
usable open space as follows:
(a)
For single-family detached, single-family attached, and single-family
semidetached dwellings, the area of the required yards, except that
when more than 30% of the required yards are occupied by paved off-street
parking spaces and access drives, there shall be within the buildable
area of the lot usable open space having areas equivalent to at least
the area by which such uses exceed yard coverage of 30%.
(b)
For multiple-family dwellings in buildings three stories or less in height, the same as set forth in Subsection
C(1)(a) above, provided the usable open space shall not be less than 250 square feet of area per dwelling unit, plus 100 square feet of additional area for each additional bedroom over two in a dwelling unit.
(c)
For multiple-family dwellings in buildings over three stories in height, the same as set forth in Subsection
C(1)(a) above, provided the usable open space shall not be less than 150 square feet per dwelling unit, plus 100 square feet of additional area for each additional bedroom over one in a dwelling unit.
(2) Where any required off-street parking spaces are located in a principal
building directly below the dwelling units; the square feet of floor
area occupied by such interior off-street parking spaces and access
aisles may be added to the square feet contained on the lot, the sum
of which would represent the lot area used for determining lot area
per dwelling and floor area ratio requirements.
D. Parking of trucks. No truck or other type of commercial vehicular
equipment shall be parked or stored on a lot in a residence district,
except one panel or pickup truck shall be permitted when located on
a driveway.
The R-4 Multiple-Family Residence District is intended to provide
regulations which will maintain the character and stability of single-family
attached and semidetached (townhouses) and garden-type multiple-family
low-density neighborhoods in the City and which generally will have
a density of not more than 12 dwelling units per gross acre. Within
a framework of standards, it is designed to encourage the employment
of modern, efficient land-planning design techniques with minimum
networks of streets and utilities.
A. Permitted uses. The following uses are permitted in the R-4 District:
(2) Single-family attached and semidetached dwellings, located on a lot
with one or more principal detached buildings initially under unified
ownership or control, provided that there are not more than eight
dwelling units attached side by side, and provided further that there
are not more than 16 dwelling units contained in any structure.
(3) Multiple-family dwellings, located on a lot with one or more principal
detached buildings initially under unified ownership or control, and
containing no more than 24 dwelling units in any building.
(4) Municipal buildings. All activities shall be conducted within completely
enclosed buildings, except off-street parking and loading.
B. Conditional uses. The following conditional uses are permitted in
the R-4 District:
(2) Mobile home parks, on a lot not less than 10 acres in area. Each
mobile home park shall be processed as a planned development and shall
contain, as a minimum, municipal-type sanitary sewerage, storm sewers,
and water systems; paved service drives; off-street parking of no
less than 1 1/2 spaces for each mobile home; grading and landscaping;
buildings containing laundry and office facilities. All improvements
shall be constructed in accordance with development plans and specifications
approved by the Plan Commission.
(3) Radio station offices and other related, similar uses.
C. Single-family net lot area.
(1) Single-family detached dwellings: not less than 6,000 square feet.
(2) Single-family semidetached: not less than 3,000 square feet.
(3) Single-family attached: not less than 2,500 square feet.
D. Multiple-family gross land area: not less than as follows:
|
Type
|
Per Dwelling Unit
(square feet)
|
---|
|
Three bedrooms and over
|
4,000
|
|
Two bedrooms
|
3,500
|
|
One bedroom and efficiency
|
3,000
|
E. Lot width.
(1) Single-family detached dwellings: not less than 60 feet.
(2) Single-family semidetached dwellings: not less than 30 feet.
(3) Single-family attached dwellings: not less than 20 feet.
(4) Multiple-family dwellings: not less than 90 feet.
F. Building height.
(1) Single-family attached and semidetached dwellings: not more than
27 feet or two stories, whichever is lower.
(2) Multiple-family dwellings: not more than 32 feet or three stories,
whichever is lower.
(3) Nonresidential uses: not more than 40 feet.
G. Floor area ratio.
(1) Single-family dwellings: not applicable.
(2) Multiple-family dwellings and nonresidential uses: not more than
0.4.
H. Usable floor area for single-family dwellings.
(1) Three-bedroom (or more) dwellings: not less than 900 square feet.
(2) Two-bedroom (or less) dwellings: not less than 700 square feet.
I. Yards.
(1) Multiple-family dwellings.
(a)
Front yard: not less than 25 feet.
(b)
Side yards.
[1]
Interior: not less than 12 feet.
[2]
Adjoining a street: not less than 25 feet.
(c)
Rear yard: not less than 40 feet.
(2) Single-family detached dwellings.
(a)
Front yard: not less than 25 feet.
(b)
Side yards.
[1]
Interior: not less than seven feet.
[2]
Adjoining a street: not less than 25 feet.
(c)
Rear yard: not less than 40 feet.
(3) Single-family semidetached dwellings.
(a)
Front yard: not less than 25 feet.
(b)
Side yards.
[1]
Interior: not less than eight feet.
[2]
Adjoining a street: not less than 25 feet.
(c)
Rear yard: not less than 25 feet.
(4) Single-family attached dwellings.
(a)
Front yard: not less than 25 feet.
(b)
Rear yard: not less than 40 feet.
J. Spacing between buildings. When two or more buildings which contain
single-family attached dwellings or two or more multiple-family dwelling
buildings, or combinations thereof, are on a lot or on contiguous
lots comprising a unified development initially under the same ownership
or control, the distance between the building walls shall be as follows:
(1) When the front wall of a building faces the front wall or rear wall
of the nearest building, the distance between the two building walls
shall be not less than 60 feet.
(2) When the rear wall of a building faces the rear wall of the nearest
building, the distance between the two building walls shall be not
less than 50 feet.
(3) When the side wall of a building faces the front or rear wall of
the nearest building, the distance between the two building walls
shall be not less than 40 feet.
(4) When the side wall containing not more than two windows on a floor
that are not from bathrooms or storage rooms faces such side wall
of the nearest building, the distance between the two building walls
shall be not less than 20 feet. When the facing side walls of each
of such buildings contain more than two such window openings on a
floor that are not bathrooms or storage rooms, or when either side
wall contains a main entrance doorway, the distance between walls
shall be not less than 40 feet.
(5) A wall of a detached building forming the end of a court shall be
not less than 10 feet from the nearest wall of a building forming
the sides of the court, and a building forming the end of the court
may be attached to one or both of the buildings forming the sides
of the court, provided the distance between facing walls of the buildings
forming the sides of the court is not less than the applicable requirements
as set forth above.
(6) Where buildings are not parallel to each other, the required spacing
shall be measured at the midpoint of the distance along which they
face each other; however, the spacing between the buildings at the
narrowest point shall in no event be less than 1/2 the required distance.