§ 1405-05. Land Use Regulations.

Schedule 1405-05 below prescribes the land use regulations for RM Districts. Use classifications are defined in Chapter 1401, Definitions. Use classifications not listed in Schedule 1405-05 below are prohibited.

The regulations for each subdistrict are established by letter designations as follows:

(a)

"P" designates permitted uses. These uses may be subject to additional regulations as indicated.

(b)

"L" designates uses that are permitted, subject to certain limitations. Numeric suffixes refer to limitations listed at the bottom of Schedule 1405-05. Except as otherwise indicated, modifications of a numerical, locational or dimensional limitation requires a variance under Chapter 1445 - Variances, Special Exceptions and Conditional Uses.

(c)

"C" designates uses permitted only after review and approval of the conditional use by the Zoning Hearing Examiner. These uses may be subject to additional regulations as indicated.

Schedule 1405-05: Use Regulations - Residential Multi-family Districts

Use Classifications	RMX	RM-2.0	RM-1.2	RM-0.7	Additional Regulations
Residential Uses
Bed and breakfast home	P	P	P	P	See § 1419-09
Day care home - Adult	C	C	P	P
Day care home - Type A	C	C	L4	L4
Day care home - Type B	L4	L4	L4	L4
Group residential
Congregate housing	—	—	P	P
Convents and monasteries	P	P	P	P
Fraternities, sororities, dormitories	—	—	C	P
Patient family homes	—	—	P	P
Rooming houses	—	—	—	L2
Shared housing for the elderly	L1	L1	L1	L1
Permanent residential
Single-family dwelling	P	P	P	P	See § 1403-11
Attached single-family dwelling	L15	P	P	P	See § 1403-11
Rowhouse, single-family dwelling	L15	P	P	P
Two-family dwelling	P	P	P	P
Three-family dwelling	P	P	P	P
Multi-family dwelling	L3	P	P	P
Residential care facilities
Assisted living	C	C	P	P
Developmental disability dwelling	P	P	P	P
Nursing home	C	C	P	P
Special assistance shelter	—	—	—	C
Transitional housing
Programs 1—4	—	P	P	P
Programs 5—6	—	—	—	—
Public and Semipublic Uses
Clubs and lodges	C	C	C	C
Community service facilities	C	C	C	P
Cultural institutions	C	C	C	P
Parks and recreation facilities	P	P	P	P
Public safety facilities	C	C	P	P
Religious assembly	P	P	P	P
Schools, public or private	P	P	P	P
Commercial Uses
Bed and breakfast inns	C	C	C	P	See § 1419-09
Business services	—	—	—	L6,7
Convenience markets	—	L16	L16	L7
Food markets	—	L16	L16	L7
Funeral and interment services	—	—	—	L6
Loft dwelling units	—	L14	L14	L14	See § 1419-23
Medical services and clinics	—	—	—	L6,7
Offices	—	—	—	L6,7
Parking facilities	—	C	C	C	See Chapter 1425
Personal instructional services	—	—	—	L6,7
Personal services	—	—	—	L6,7
Recreation and entertainment
Indoor or small-scale	—	—	—	L6,7
Transportation, Communication and Utilities
Public utility distribution system	C	C	C	C
Transportation facilities
Railroad right-of-way	P	P	P	P
Wireless communication antenna	L9	L9	L9	L9	See § 1419-33
Wireless communication tower	C	C	C	C	See § 1419-33
Agriculture and Extractive Uses
Community gardens	P	P	P	P	See § 1419-41
Accessory Uses
Any accessory use not listed below	L8	L8	L8	L8
Home occupations	P	P	P	P	See § 1419-17
Commercial vehicle parking	L11	L11	L11	L11
Day care center	L4, L17	L4, L17	L4, L17	L4, L17
Rooming unit	L10	L10	L10	L10
Transitional housing	L13	L13	L13	L13
Commercial services	—	P	P	P	See § 1419-35, 1419-37
Refuse storage areas	P	P	P	P	See § 1421-35
Drive box	L12	L12	L12	L12
Fences and walls	P	P	P	P	See § 1421-33
Exterior lighting	P	P	P	P	See § 1421-39
Portable storage containers	P	P	P	P	See § 1419-24
Nonconforming Uses					See Chapter 1447

 

Specific Limitations

L1

The minimum lot area for every resident is 500 square feet and the minimum living area for every resident is 250 square feet.

L2

Only rooming houses licensed pursuant to Chapter 855. Rooming Houses of the Municipal Code; the maximum number of rooming units is five, and a separate entrance for access to rooming units must be provided. The minimum rental is seven days. See § 1421-43.

L3

Multi-family dwellings of four or more units must be legally established prior to the effective date of this Zoning Code. The use has the rights of Chapter 1447, Nonconforming Uses and Structures except for the provisions of §1447-09 Expansion of Nonconforming Use and §1447-11 Substitution of a Nonconforming Use.

L4

Fencing, a minimum of four feet in height must be provided for purposes of securing outdoor play areas which must be located in the rear yard only.

L5

Not to exceed 3,000 square feet in gross floor area.

L6

Permitted only on arterial streets.

L7

Permitted on the ground floor occupying less than 2,500 sq. ft.; more space requires a conditional use approval.

L8

Accessory uses determined by the Zoning Administrator to be customarily incidental to a use of the district are permitted. All others require conditional use approval.

L9

Antenna height may not exceed 20 feet; greater height requires a conditional use approval. The antenna may be attached to a multi-family, public and semi-public or public utility building or structure.

L10

No more than two rooming units may be rented or leased in any dwelling.

L11

One commercial vehicle completely enclosed in a garage may be parked or stored on the lot with the following exceptions:

a.

An unlimited number of commercial vehicles conveying the necessary tools, materials and equipment to a premises where labor using such tools, materials and equipment is to be performed during actual time of parking.

b.

One commercial vehicle with current license owned by a resident of the residential property on which it is stored or parked not to exceed two tons in capacity.

c.

Recreational vehicles, watercraft and personal trailers may be parked on the lot beyond the front yard.

L12

Accessory to a public or semi-public use, provided the drive box is at least 100 feet from any property used for residential purposes.

L13

Limited to transitional housing conforming to Paragraph 1401-03-T(c)(5) as an accessory use to public and semi-public uses. The use requires conditional use approval.

L14

Limited to City Council designated Live/Work Districts.

L15

Attached single-family dwellings and Rowhouse single-family dwellings of four or more units require conditional use approval.

L16

Permitted on the ground floor in multi-family buildings with a minimum of 50 dwelling units, occupying 1,200 square feet or less of gross floor area and having a separate exterior entrance: structures with less than 50 dwelling units require conditional use approval; food markets occupying more than 1,200 square feet of gross floor area require conditional use approval.

L17

Permitted only if accessory to a public or semi-public use.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 260-2005, eff. July 21, 2005; a. Ord. No. 0346-2007, § 4, eff. Oct. 13, 2007; a. Ord. No. 156-2008, § 1, eff. June 7, 2008; a. Ord. No. 414-2008, § 6, eff. Jan. 4, 2009; Ord. No. 409-2008, § 1, eff. Jan. 4, 2009; a. Ord. No. 302-2009, § 1, eff. Dec. 12, 2009; a. Ord. No. 038-2010, § 1, eff. March 18, 2010; Emer. Ord. No. 141-2015, § 9, eff. July 1, 2015; a. Ord. No. 112-2016, § 1, eff. June 4, 2016; a. Ord. No. 0281-2017, § 6, eff. Nov. 4, 2017)