Article 10 — Multiple-Family Residential Zones (R-3)

Only the uses identified in Article 21 of this chapter as being permitted in the Multiple-Family Residential (R-3) Zone shall be established or maintained on property located therein, subject to the limitations, general provisions, and exceptions set forth in said Article 21.

(§ 8127, T.O.O.C., as amended by § 5, Ord. 86, §§ 11 and 12, Ord. 95, § III, Ord. 203-NS, eff. April 22, 1971, § XIV, Ord. 220-NS, eff. August 19, 1971, § VIII, Ord. 834-NS, eff. June 21, 1983, § 7, Ord. 1379-NS, eff. August 9, 2001, § 20, Ord. 1392-NS, eff. June 7, 2002, § 1, Ord. 1401-NS, eff. February 6, 2003, § 11, Ord. 1412-NS, eff. August 14, 2003; § 12, Ord. 1614-NS, eff. April 22, 2016, and § 16, Ord. 1620-NS, eff. August 12, 2016)

(§ 8127.1, T.O.O.C.; as amended by § 7, Ord. 1614-NS, eff. April 22, 2016, and repealed by § 17, Ord. 1620-NS, eff. August 12, 2016)

(§ 8127.2 T.O.O.C., as amended by § II, Ord. 163-NS, eff. August 27, 1970, § XV, Ord. 220-NS, eff. August 19, 1971, § VII, Ord. 321-NS, eff. November 2, 1972, § IV, Ord. 779-NS, eff. June 11, 1981, § VII, Ord. 815-NS, eff. September 7, 1982, § 7, Ord. 858-NS, eff. April 24, 1984, Ord. 1102-NS, eff. May 16, 1991, § 16, Ord. 1178-NS, eff. April 27, 1993, § 10, Ord. 1189-NS, eff. November 2, 1993, § 8, Ord. 1273-NS, eff. January 8, 1997, § 7, Ord. 1306-NS, eff. November 20, 1997, § 9, Ord. 1555-NS, eff. May 13, 2011, and repealed by § 17, Ord. 1620-NS, eff. August 12, 2016)

In order to provide a method whereby land in the R-3 Zone may be designed and developed as a unit for residential uses by taking advantage of modern site planning techniques, and in order to produce an environment of stable, desirable character which will be in harmony with the existing or potential development of the surrounding neighborhood, and in order to produce development which meet standards of open space, light, air, pedestrian and vehicular circulation, and maximum density of dwelling units, the Commission may grant a residential planned development permit for land in the R-3 Zone which the Commission finds meets the requirements of this section. The residential planned development permit may modify the requirements of Articles 22 and 24 of this chapter, which would otherwise be applicable to land in R-3 Zones, in the manner and to the extent set forth in this section. The Commission may impose such additional conditions and requirements upon a residential planned development permit as the Commission finds are reasonable and necessary to carry out the purposes and requirements of this section.

(a) The applicant may submit to the Commission an application for a residential planned development permit pursuant to the provisions of this section in the manner set forth in Article 27 of this chapter.

(b) The applicant shall submit to the Commission complete development plans showing the proposed uses for the property, including dimensions and locations of all proposed structures, parking spaces, streets, parks, playgrounds, school sites, and open spaces, and such additional information as may be requested by the Commission or may be pertinent to a determination that contemplated uses shall be allowed pursuant to the provisions of this section rather than the provisions otherwise applicable to R-3 property.

(c) The applicant shall submit evidence showing that the proposed development is designed to produce an environment of stable and desirable character and that areas of open space and parking and recreational facilities are consistent with the anticipated population of the development.

(d) The Commission may allow, within an area covered by the permit referred to in this section, minor specified commercial uses when the Commission finds:

(1) The commercial uses are designed for the sole use of residents within the permit area; and

(2) The proposed commercial uses are incidental to, and compatible with, the nature and type of development proposed for the permit area and shall be confined within the units of the development.

(e) Each residential planned development permit shall contain the following conditions and such other conditions deemed by the Commission to be reasonably necessary to accomplish the purposes of this section:

(1) The land shall be developed with a maximum average density of not more than thirty (30) units per acre of land covered by the permit.

(2) The applicant shall submit a construction sequence for the land covered by the permit showing the order in which particular structures will be constructed, and, upon approval of the sequence, the applicant shall not deviate from such sequence without written approval by the Community Development Director. At no time shall there be more than an average of thirty (30) units per acre constructed, or under construction, on the portion of the land covered by the permit, which land has been developed or is under development.

(3) Unless otherwise authorized by the Commission, no part of any structure shall be constructed less than twenty (20’) feet from any property line which is adjacent to a perimeter street. If part of any structure exceeds a height of twenty-five (25’) feet, such part shall be set back from the property line an additional five (5’) feet for each ten (10’) feet in height, or portion thereof, by which such part of any structure exceeds twenty-five (25’) feet.

(4) Parking shall be provided in accordance with Article 24 of this chapter.

(5) Landscape trees shall be selected and planted in such a manner as to minimize root damage to parking lot hardscape. All trees planted shall be from the planting pallets contained within the Forestry Master Plan unless another species is approved by the Community Development Director. Trees known to have shallow or evasive roots shall not be planted within parking lot areas. Tree species should be chosen to maximize canopy coverage of parking lot areas. Trees shall be provided with a minimum four (4’) foot by six (6’) foot planting hole (six (6’) feet by six (6’) feet preferred) or the largest planting area possible within any landscape design. In addition, deep root watering methods shall be designed and incorporated to supply water for parking lot trees and root guards shall be placed behind any curb in the vicinity of the planted tree(s).

(6) No approved landscaping shall be removed or pruned of live tissue in any parking lot area without the written authorization of the Community Development Department upon the submittal of a tree pruning proposal by a certified arborist or landscape architect. Topping of trees or pruning to reduce canopy coverage within parking lots is prohibited.

(7) Plant material of a drought-tolerant nature shall be used to the greatest extent possible in any parking area landscape design and planting.

(8) Approved landscaping shall be permanently maintained in accordance with Section 1-6.01(e) of this Code. Any redesign or alteration of an existing project landscaping shall be subject to approval of the Community Development Department and shall be accomplished through the filing of a Landscape Plan Check application, provided such alteration is consistent with all City codes, policies, and project entitlement conditions.

(f) The provisions of Articles 24 and 25 of this chapter shall not be applicable to land for which a residential planned development permit has been granted so long as such land is developed and maintained in accordance with the provisions of this section and all the conditions of the permit.

(g) The provisions of Article 26 of this chapter relating to the dedication of land, payment of fees, or both for park and recreational purposes shall be applicable to land for which R-P-D permits are required.

(h) Refer to Section 9-4.904(h) of this article for regulations regarding building modifications and expansions within existing multi-family apartment projects.

(§ 8127.3, T.O.O.C., as amended by § 6, Ord. 86, and § V, Ord. 376-NS, eff. May 31, 1973, §§ 16 and 18, Ord. 1217NS, eff. September 27, 1994, § 2, Ord. 1314-NS, eff. March 5, 1998, and § 2, Ord. 1368-NS, eff. November 23, 2000, § 5, Ord. 1493-NS, eff. December 6, 2007)

(§ VIII, Ord. 834-NS, eff. June 21, 1983; repealed by § 16, Ord. 1178-NS, eff. April 27, 1993)