Article 15.3 — RESIDENTIAL PARKING ZONE (R-4-P)

There is hereby created a residential parking zone (R-4-P). (Ord. 91-O-2127, eff. 11-8-1991)

For the purposes of article 18.4 of this chapter regarding planned development, the objectives of the R-4-P zone shall be as follows:

• A. To ensure that there is an appropriate transition and buffer zone between commercial uses and residential uses.

• B. To protect the health, safety and welfare of residents in the R-4X2 zone.

• C. To ensure that the scale of development in the R-4-P zone provides a transition that balances the scale of development in adjacent commercial and residential zones. (Ord. 91-O-2127, eff. 11-8-1991)

Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the R-4-P zone shall be used for any purpose except the following:

• A. Multiple-family dwelling units.

• B. Retail ancillary uses that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

• C. Ancillary parking facilities that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

• D. A small or large residential community care facility operating in compliance with section 10-3-2778 of this

chapter; or transitional or supportive housing structure as a single-family residence or as a multiple-family dwelling. (Ord. 91-O-2127, eff. 11-8-1991; amd. Ord. 24-O-2904, eff. 1-3-2025)

Those residential uses conditionally permitted in the R-4 zone shall also be permitted in the R-4-P zone if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter. (Ord. 91-O-2127, eff. 11-81991)

Unless the context otherwise requires, the following definitions shall govern the construction of this article. ANCILLARY PARKING FACILITIES: Parking facilities that are accessory to, and service, a "retail department store", as defined in article 18.2 of this chapter, or other commercial office or retail uses.

RETAIL ANCILLARY USES: Loading uses, storage uses, mechanical equipment operations, transformers, and similar uses which are accessory to, and service, a "retail department store", as defined in article 18.2 of this chapter, or other retail use located in a C-R-PD zone. "Retail ancillary uses" shall not include parking uses or any use that includes floor area accessible to customers of a retail department store. (Ord. 91-O-2127, eff. 11-8-1991)

Except as otherwise provided in this article, those regulations governing the development of multiple-family dwellings in the R-4 zone shall also govern the development of multiple-family dwellings in the R-4-P zone. (Ord. 91-O-2127, eff. 11-8-1991)

Notwithstanding any other transition requirements between residential and nonresidential zones, the following buffers shall be provided between residential uses of the R-4-P or R-4X2 zones and nonresidential uses of either the C-R-PD or R-4-P zones. The buffers shall be provided in the R-4-P zone, and if residential development is constructed in the R-4-P zone, then the buffer shall be provided on a site area that contains a residential use.

A. Surface And Below Grade Parking: If on any one block, only surface and below grade parking is provided within ninety feet (90') of R-4X2 zoned property, then a minimum eighteen foot (18') wide alley and a minimum nine foot (9') wide area of landscaping shall be provided between residential and nonresidential uses. At least two feet (2') of this nine foot (9') area of landscaping shall be provided between the alley and the nonresidential use.

B. Above Grade Parking: If above grade parking, other than surface parking, is provided on the same block and within ninety feet (90') of R-4X2 zoned property, then a minimum twenty foot (20') wide alley and a minimum ten foot (10') wide area of landscaping shall be provided between residential and nonresidential uses. At least three feet (3') of this ten foot (10') area of landscaping shall be provided between the alley and the nonresidential use.

C. Maximum Height Of Structures: The maximum height of structures that are appurtenant to the parking facility, such as lighting standards, vents and elevator shafts, shall be established by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

D. Buffer: Within the R-4-P zone, a minimum thirty foot (30') buffer shall be provided between residential and nonresidential uses. The buffer shall include a minimum twenty foot (20') alley and a minimum of ten feet (10') of landscaping. Each side of the alley shall have not less than three feet (3') of landscaping. The buffer shall be provided by the developer of the new use when such use is different in kind from the existing contiguous use. For the purposes of this section, a vacant lot shall not be treated as a different use.

In lieu of an alley required under subsection A, B, or D of this section, the planning commission may require a landscaped area of equivalent width as part of a planned development pursuant to article 18.4 of this chapter.

The landscaped areas required by this section shall conform to a landscaping plan that is reviewed by the planning commission as part of a planned development pursuant to article 18.4 of this chapter. The landscaped areas shall provide a visual buffer between residential and nonresidential uses. (Ord. 91-O-2127, eff. 11-8-1991; amd. Ord. 92-O2150, eff. 9-11-1992)

A. Any retail ancillary use located in the R-4-P zone shall be set back at least ninety feet (90') from all R-4X2 zoned property that is not otherwise separated from such use by a public street.

B. Retail ancillary uses located in the R-4-P zone shall maintain a fifteen foot (15') setback along any public street unless a lesser setback is established by the planning commission as part of a planned development approval pursuant to article 18.4 of this chapter.

C. Structures containing retail ancillary uses located in the R-4-P zone shall not exceed twenty five feet (25') in height unless the planning commission establishes a different maximum height as part of a planned development approval pursuant to article 18.4 of this chapter. The planning commission shall not establish a maximum height that exceeds thirty five feet (35') or allows the height of the roof plate to exceed twenty five feet (25').

D. Loading facilities located in the R-4-P zone shall be fully enclosed. All loading and unloading operations shall take place within the enclosed loading facility and the facility shall have subsurface access to all retail stores served by the loading facility. (Ord. 91-O-2127, eff. 11-8-1991)

Ancillary parking facilities shall not have vehicular access to or from any alley that also provides access to residential uses.

In addition, all ancillary parking facilities located in the R-4-P zone shall be governed by the following restrictions: A. Between Peck Drive And Camden Drive: Parking facilities located between Peck Drive and Camden Drive shall not exceed a height of ten feet (10'). For the purposes of this section, height shall be measured pursuant to the definition of "height of building" in section 10-3-100 of this chapter, except that the exemptions from the height measurement contained in subsections A7 through A9 of said definition shall not apply. Furthermore, notwithstanding the height requirements of this section and of the definition of "height of building" in section 10-3-100 of this chapter, the planning commission may require the construction of a wall surrounding the roof level of parking for the purpose of mitigating light and noise impacts from the parking facilities.

B. Street Setback: A minimum setback of fifteen feet (15') shall be provided along all public streets unless a lesser setback is approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

The wall height requirements of section 10-3-2733 and subsection 10-3-3719H of this chapter shall not apply to parking provided on the roof of a parking facility. (Ord. 91-O-2127, eff. 11-8-1991)

No lot in the R-4-P zone shall be used for both residential and nonresidential purposes. (Ord. 91-O-2127, eff. 11-81991)

No portion of any ancillary parking facility shall be rented or leased for the purpose of providing parking for employees or patrons of uses not located in the C-R-PD zone, unless authorized by the city council for the purpose of improving traffic and parking circulation. (Ord. 91-O-2127, eff. 11-8-1991)

Except as otherwise provided by this section, walls shall be provided for ancillary parking facilities in accordance with section 10-3-2730.2 of this chapter and the following:

A. Walls located in the R-4-P zone shall not exceed a height of three feet (3') if such wall is located in any required setback along a public street.

B. Walls not governed by the provisions of subsection A of this section or by the provisions of section 10-3-2730.2 of this chapter shall not exceed a height of seven feet (7').

C. As part of a planned development pursuant to article 18.4 of this chapter, the planning commission may approve minimum wall heights that are lower than those set forth in subsection 10-3-2730.2B of this chapter, but not lower than four feet (4'). (Ord. 91-O-2127, eff. 11-8-1991; amd. Ord. 92-O-2150, eff. 9-11-1992)

A. Except as provided in article 43 of this chapter, no business shall be conducted or maintained in any building or upon any lot or premises, or upon any portion of either thereof, in zone R-4, except the business of an apartment house. All property and buildings in zone R-4 hereby are limited to residential uses, except as otherwise provided in this article. A multi-family transient use as defined in section 10-3-100 of this chapter is prohibited in a multi-family residence, or accessory dwelling unit(s), or other accessory structure(s) of a multi-family residence, including but not limited to pools, game courts, or yards.

B. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for at least one year), provided that the initial lease term shall be at least one year. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing. (Ord. 01-O-2383, eff. 11-2-2001; amd. Ord. 25-O-2918, eff. 9-5-2025)