Chapter 29 ZONING*
Section 29-9 District R-4, high density multiple-family dwelling district.
Purpose. This district is intended to provide for high density multiple-family residential
development. It is primarily for highrise apartments, but allows for all types of residential usage.
Permitted Uses. In district R-4, no building or land shall be used and no building shall be
hereafter erected, constructed, reconstructed or altered, except for one or more of the following
uses (For exceptions, see section 29-28, Non-Conforming Uses, and section 29-31, Board of
All permitted uses in district R-3.
Bed and breakfast establishment subject to the same criteria as stated in section
Counseling centers operated by charitable or not-for-profit organizations; excluding
connected with penal or correctional institutions.
High density apartment dwellings.
Philanthropic or eleemosynary uses primarily of a residential nature.
Conditional Uses. The following uses shall be permitted in district R-4 only after the
issuance of a conditional use permit pursuant to the provisions of section 29-23:
Buildings and premises for public utility services or public service corporations,
or uses the board deems reasonably necessary for public convenience or welfare.
Cemeteries, which may include mausoleums thereon, for humans.
Commercial uses, ancillary. Ancillary commercial uses, whether for-profit
which are accessory and subordinate in floor area to a
permitted use, and are primarily an amenity or service to the occupants and users of the permitted
use, subject to the following:
(1) The commercial use, alone or in combination with other small-scale commercial
not exceed the lesser of twenty-five percent (25%) of the total floor area of the building or five
hundred (500) square feet. Where the proposed location of the conditional use is within a unified
development of multiple buildings under single ownership and control, or a single building
totaling greater than fifty thousand (50,000) square feet, the Board of Adjustment may consider a
larger space for the ancillary commercial use provided it complies with the other standards of
(2) There shall be no outdoor advertising pertaining to the ancillary commercial
use other than
a single wall-mounted nameplate not to exceed four (4) square feet of area.
(3) The commercial use shall not involve the sale of age-restricted products
such as alcohol,
tobacco and firearms.
(4) The commercial use shall not generate noise or traffic in excess of the levels
expected if the
entire premises were used for permitted uses.
(5) Hours of operation shall be limited to not earlier than 6:00 a.m. nor later
than 10:00 p.m.
(6) There shall be no additional parking required for
the ancillary commercial use.
Halfway houses for not more than eight (8) occupants, provided that the board finds
proposed use would not be detrimental to the public interest considering the size and character of
the proposed facility and its proximity to schools, churches, mosques, synagogues, residences,
other halfway houses and halfway houses for young offenders.
Private outdoor swim and tennis clubs.
Reservoirs, wells, water towers, filter beds, water supply plants or water pumping
Reuse of places of public assembly with the same conditions and restrictions as set
section 29-6(c), Conditional Uses.
Temporary Shelter, subject to the following:
(1) An application for a conditional use permit for a temporary shelter shall
information about the size and design of the structure, population groups served, length of stay
permitted, maximum design capacity and support services provided. These items shall be used to
determine if the facility is in conformance with the character of the adjacent area.
(2) A temporary shelter shall not be located within one thousand (1,000) feet of another
(3) The minimum lot area for a temporary shelter shall be 7,500 square feet. If a proposed
temporary shelter structure is larger than 2,500 square feet of gross floor area there shall be
provided an additional 1,500 square feet of lot area for each additional 500 square feet of gross
floor area within the structure.
(4) The shelter shall submit a semi-annual report to the
building and site development
department, stating maximum monthly occupancy level and
support services provided by the shelter.
Height and Area Regulations. In district R-4 any building, portion of a building, or
dwelling hereafter erected, constructed, reconstructed or altered shall be subject to the following
regulations (for exceptions see section 29-26, Height and Area Exceptions):
Lot size. Not less than seven thousand (7,000) square feet and at least one thousand five
hundred (1,500) 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 at the time of
passage of Ordinance No. 9958, this regulation shall not prohibit the erection of a one-family
dwelling, and provided that apartment houses hereafter erected to exceed forty-five (45) feet in
height and containing a passenger elevator shall provide not less than three hundred fifty (350)
square feet per family unit, provided the minimum lot area requirement is met, and provided that
dormitories hereafter erected to exceed forty-five (45) feet in height and containing a passenger
elevator shall provide not less than one hundred seventy-five (175) square feet per family unit,
provided the minimum lot area requirement is met.
Lot width. Not less than sixty (60) feet at the building line, provided that where a lot has
less width than herein required, in separate ownership at the time of the passage of Ordinance
No. 9958, this regulation will not prohibit the erection of a one-family dwelling.
less than twenty-five (25) feet in depth, except as provided in section 29-26.
(25) per cent of lot depth, or twenty-five (25) feet, whichever is less.
less than ten (10) feet in width each, provided there be at least fifteen (15)
feet on the street side of a corner lot.
Building height. Not over forty-five (45) feet unless it contains a passenger elevator,
except as provided in section 29-26.
Vision clearance. On any corner lot on which a front or side yard is required, no wall,
fence, sign, or other structure or no plant growth of a type which would interfere with traffic
visibility across the corner shall be permitted or maintained
higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the
street right-of-way lines.
less than six hundred fifty (650) square feet excluding basements,
porches and garages.
less than five hundred (500) square feet per dwelling unit excluding
basements, porches and garages.
less than four hundred (400) square feet per dwelling unit
excluding basements, porches and garages.
Parking. (See section 29-30, Off-Street Parking and Loading.)
(Code 1964, § 19.153; Ord. No. 9958, § 1, 10-3-83; Ord. No. 11702, §
1, 12-7-87; Ord. No.
13526, § 1, 12-7-92; Ord. No. 14777, § 1, 3-4-96; Ord. No. 15134, § 1, 2-3-97; Ord. No.
1, 3-5-01; Ord. No. 19438, § 1, 3-5-07
; Ord. No. 21095, § 13, 9-19-11)
(Ord. 21095, Amended, 09/19/2011, Prior Text; Ord. 19438, Amended, 03/05/2007, Prior Text; 16816, Amended, 03/05/2001, Prior Text; 15134, Amended, 02/03/1997, Prior Text)