Note: Prior ordinance history: Ord. Nos. 9060, 9135, 9224,
9336, 9455, 9513, 9638, 9674, 9785, 9800, 9804, NS-243, NS-274, NS-283,
NS-355, NS-409, NS-662, NS-663, and NS-675.
A.
The
intent and purpose of the R-3 multiple-family residential zone is
to:
1.
Implement
the R-15 (Residential 8-15 du/ac) and R-23 (Residential 15-23 du/ac)
land use designations of the Carlsbad general plan; and
2.
Provide
regulations and standards for the development of residential dwellings
and other permitted or conditionally permitted uses as specified in
this chapter.
(Ord. NS-718 § 9, 2004; Ord. CS-432, 9/27/2022
A.
In the R-3 zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.
B.
The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.
C.
A use
similar to those listed in Table A may be permitted if the City Planner
determines such similar use falls within the intent and purposes of
this zone, and is substantially similar to the specified permitted
uses.
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Table A
Permitted Uses
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In the table, below, subject to all applicable permitting and
development requirements of the municipal code:
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"P" indicates the use is permitted. (See note 7 below)
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"CUP" indicates that the use is permitted with approval of a
conditional use permit. (See note 7 below)
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1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
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2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
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3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
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"Acc" indicates use is permitted as an accessory use.
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Use
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P
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CUP
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Acc
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Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers, decks, etc.) (see notes 1 and 2, below) (defined: Section 21.04.020)
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X
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X
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Agricultural crops
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X
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Animal keeping (household pets) (subject to Section 21.53.084)
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X
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Animal keeping (wild animals) (subject to Section 21.53.085)
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X
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Aquaculture (defined: Section 21.04.036)
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2
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Bed and breakfasts (subject to Section 21.42.140(B)(5); defined: Section 21.04.046)
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1
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Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048)
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2
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Campsites (overnight) (subject to Section 21.42.140(B)(40))
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2
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Cemeteries
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3
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1
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Churches, synagogues, temples, convents, monasteries, and other
places of worship
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2
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Dwelling, one-family (see note 3, below) (defined: Section 21.04.125)
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X
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Dwelling, two-family (defined: Section 21.04.130)
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X
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X
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Educational institutions or schools, public/private (defined: Section 21.04.140)
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2
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Employee housing (serving six or fewer persons)
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X
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X
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X
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Farmworker housing complex, small (subject to Section 21.10.125; defined: Section 21.04.148.4)
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X
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Greenhouses (2,000 square feet maximum)
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X
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Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70))
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1
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Golf courses (see note 4, below)
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3
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Home occupation (subject to Section 21.10.040)
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X
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Housing for senior citizens (subject to Chapter 21.84)
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X
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X
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Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265)
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2
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Mobile home (see notes 3 and 5, below) (defined: Section 21.04.266)
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X
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Packing/sorting sheds (600 square feet maximum)
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X
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Packing/sorting sheds > 600 square feet (subject to Section
21.42.140(B)(70))
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1
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Professional care facilities (defined: Section 21.04.295)
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2
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Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297)
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2
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Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300)
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X
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Residential care facilities (serving more than six persons) (subject to Section 21.42.140(B)(125); defined: Section 21.04.300)
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2
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X
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X
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Supportive housing (defined: Section 21.04.355.1)
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X
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X
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Time-share projects (subject to Section 21.42.140(B)(155); defined: Section 21.04.357)
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3
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Transitional housing (defined: Section 21.04.362)
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X
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Wireless communication facilities (subject to Section 21.42.140(B)(165); defined: Section 21.04.379)
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1 / 2
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Zoos (private) (subject to Section 21.42.140(B)(170); defined: Section 21.04.400)
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2
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Notes:
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1.
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Private garages (defined: Section 21.04.150) shall accommodate not more than two cars per dwelling unit.
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2.
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When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Section 21.04.165).
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3.
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One-family dwellings are permitted when developed as two or
more detached units on one lot. Also, a single one-family dwelling
shall be permitted on any legal lot that existed as of October 28,
2004, and which is designated and zoned for residential use. Any proposal
to subdivide land or construct more than one dwelling shall be subject
to the density provisions of the general plan and intent of the underlying
residential land use designation.
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4.
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A conditional use permit is not required for a golf course if
it is approved as part of a master plan for a planned community development.
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5.
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Mobile homes must be certified under the National Mobilehome
Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401
et seq.) on a foundation system pursuant to Section 18551 of the State
Health and Safety Code.
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6.
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A parking lot/structure (commercial) is permitted with approval
of a CUP when the lot on which it is located in the R-3 zone abuts
upon a lot zoned for commercial or industrial purposes.
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7.
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(Ord. NS-718 § 9, 2004; Ord. NS-746 § 8, 2005; Ord. NS-791 § 13, 2006; Ord. CS-102 §§ XXV—XXVII,
2010; Ord. CS-164 § 10,
2011; Ord. CS-178 § XII,
2012; Ord. CS-189 § XV,
2012; Ord. CS-191 § IX,
2012; Ord. CS-224 §§ XI,
XII, 2013; Ord. CS-249 § VII,
2014; Ord. CS-324 § 2,
2017; Ord. CS-384 §§ 10,
15, 2020; Ord. CS-432, 9/27/2022)
In the R-3 zone no building shall exceed a height of thirty-five
feet.
(Ord. NS-718 § 9, 2004)
Every lot in the R-3 zone shall have a front yard of not less
than twenty feet, except that on key lots and lots which side upon
commercially or industrially zoned property the depth of the required
front yard need not exceed fifteen feet.
(Ord. NS-718 § 9, 2004)
A.
In
the R-3 zone every lot shall have side yards as follows:
1.
Interior
lots shall have a side yard on each side of the lot which side yard
has a width not less than ten percent of the width of the lot; provided,
that such side yard shall be not less than five feet in width and
need not exceed ten feet; and
2.
Corner
lots and reversed corner lots shall have the following side yards:
(Ord. NS-718 § 9, 2004)
A.
Placement of buildings on any lot shall conform to the following, except as otherwise permitted for accessory dwelling units (or junior accessory dwelling units where permitted) pursuant to Section 21.10.030:
1.
Interior Lots.
a.
No building shall occupy any portion of a required yard;
b.
Any building, any portion of which is used for human habitation,
shall observe a distance from any side lot line the equivalent of
the required side yard on such lot and from the rear property line
the equivalent of twice the required side yard on such lot;
c.
All accessory structures shall comply with the following development
standards:
i.
The lot coverage shall include accessory structures in the lot
coverage calculations for the lot,
ii.
When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved
by the fire department,
iii.
Buildings shall not exceed one story,
iv.
Building height shall not exceed 14 feet if a minimum roof pitch
of 3:12 is provided or 10 feet if less than a 3:12 roof pitch is provided;
d.
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit
on a lot including setbacks;
e.
Detached accessory structures which are not dwelling units and
contain no habitable space, including, but not limited to, garages,
workshops, tool sheds, decks over 30 inches above grade and freestanding
patio covers shall comply with the following additional development
standards when located within a lot's required setback areas:
i.
The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet,
ii.
The following setbacks shall apply: a front yard setback of
20 feet, a rear yard setback of five feet, a side yard setback of
five feet and an alley setback of five feet,
iii.
The maximum plumbing drain size shall be one and
one-half inches in diameter so as to prohibit toilets, showers, bathtubs
and other similar fixtures,
iv.
The additional development standards listed above (subsections
(A)(1)(g)(i) through (iii) of this section) shall apply to the entire
subject accessory structure, not just the portion encroaching into
a lot's setback area; and
2.
Corner Lots and Reversed Corner Lots.
a.
No building shall occupy any portion of a required yard;
b.
Any building, any portion of which is used for human habitation,
shall observe a distance from the rear property line the equivalent
of twice the required interior side yard on such lot;
c.
All accessory structures shall comply with the following development
standards:
i.
The lot coverage shall include accessory structures in the lot
coverage calculations for the lot,
ii.
When proposed on a lot adjoining native vegetation, accessory
structures within a fire suppression zone must be reviewed and approved
by the fire department,
iii.
Buildings shall not exceed one story,
iv.
Building height shall not exceed 14 feet if a minimum roof pitch
of 3:12 is provided or 10 feet if less than a 3:12 roof pitch is provided;
d.
Habitable detached accessory structures shall comply with all
requirements of the zone applicable to placement of a dwelling unit
on a lot including setbacks;
e.
Detached accessory structures which are not dwelling units and
contain no habitable space, including, but not limited to, garages,
workshops, tool sheds, decks over 30 inches above grade and freestanding
patio covers shall comply with the following additional development
standards when located within a lot's required setback areas:
i.
The maximum allowable building area per structure shall not
exceed a building coverage of 440 square feet,
ii.
The following setbacks shall apply: a front yard setback of
20 feet, a rear yard setback of five feet, a side yard setback of
five feet, a street side yard setback of five feet and an alley setback
of five feet,
iii.
The maximum plumbing drain size shall be one and
one-half inches in diameter so as to prohibit toilets, showers, bathtubs
and other similar fixtures,
iv.
The additional development standards listed above (subsections
(A)(2)(g)(i) through (iii) of this section) shall apply to the entire
subject accessory structure, not just the portion encroaching into
a lot's setback area; and
(Ord. NS-718 § 9, 2004; Ord. CS-324 § 12, 2017; Ord. CS-384 § 11, 2020; Ord. CS-432, 9/27/2022)
The minimum required area of a lot in the R-3 zone shall be
not less than seven thousand five hundred square feet.
(Ord. NS-718 § 9, 2004; Ord. CS-102 § XXVIII, 2010)
Every lot created after the effective date of the ordinance
codified in this chapter shall maintain a width not less than sixty
feet at the rear line of the required front yard.
(Ord. NS-718 § 9, 2004; Ord. CS-102 § XXIX, 2010)
All buildings, including accessory buildings and structures,
shall not cover more than sixty percent of the area of a lot.
(Ord. NS-718 § 9, 2004)
