Section 29-9 District R-4, high density multiple-family dwelling district.


    (a) 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.

    (b) 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 Adjustment):

All permitted uses in district R-3.

Bed and breakfast establishment subject to the same criteria as stated in section 29-8(c).

Counseling centers operated by charitable or not-for-profit organizations; excluding any use connected with penal or correctional institutions.

High density apartment dwellings.

Philanthropic or eleemosynary uses primarily of a residential nature.

    (c) 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, whose buildings 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 or not-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 uses, shall 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 this section.

(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. daily.

    (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 that the 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 lakes.

Private outdoor swim and tennis clubs.

Private stables.

Reservoirs, wells, water towers, filter beds, water supply plants or water pumping stations.

Reuse of places of public assembly with the same conditions and restrictions as set forth in 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 include 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 temporary shelter.

(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 division of the community development department, stating maximum monthly occupancy level and support services provided by the shelter.

    (d) 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):

    (1)     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.

    (2)     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.

    (3)     Yards:

        a.    Front--Not less than twenty-five (25) feet in depth, except as provided in section 29-26.

        b.    Rear--Twenty-five (25) per cent of lot depth, or twenty-five (25) feet, whichever is less.

        c.    Side--Not less than ten (10) feet in width each, provided there be at least fifteen (15) feet on the street side of a corner lot.

    (4)     Building height. Not over forty-five (45) feet unless it contains a passenger elevator, except as provided in section 29-26.

    (5)     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.

    (6)     Floor area:

        a.    One-family--Not less than six hundred fifty (650) square feet excluding basements, porches and garages.

        b.    Two-family--Not less than five hundred (500) square feet per dwelling unit excluding basements, porches and garages.

        c.    Multiple-family--Not less than four hundred (400) square feet per dwelling unit excluding basements, porches and garages.

    (7)     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. 16816, § 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)