§ 117-65. R-4 multifamily district.

(a)

Description of district. The R-4 multifamily district is composed of multifamily or apartment residences, but includes single- and two-family structures plus certain open areas of the city where such residential development is likely to occur. The regulations for this district are designed to protect the residential character of the areas by prohibiting commercial uses, to promote a neighborhood environment suitable for family life, and to maintain openness to areas. Certain prescribed home occupations are permitted, plus certain uses which are adjunct to residential areas, such as schools, parks, churches and certain public and quasipublic facilities.

(b)

Limitation of external uses. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the limitation of external uses listed in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied by only one principal structure, which may be a multifamily, two-family or single-family dwelling structure or other permitted use structures and such accessory buildings as are clearly incidental and normal and are operated and maintained by the owner of the lot, provided, however, that it shall not be a residence.

(d)

Permitted uses.

(1)

In the R-4 district only those uses specified under R-4 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that the following home occupations will be permitted providing they comply with the limitations on home occupations as specified in the general regulations (section 118-191):

a.

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings.

b.

Laundering, pressing.

c.

Foster family home (not more than four children simultaneously).

d.

Office (any office in which chattels or goods, wares or merchandise are not created, exchanged or sold).

e.

Tutoring (not more than four students simultaneously).

f.

Fine arts studio in which are created only individual works of art.

(2)

Residential condominiums shall be constructed and operated pursuant to the Horizontal Property Act (A.C.A. § 18-13-101 et seq.). Architectural plans, including elevations, site plans and landscape plans shall be as approved by the planning commission. No major changes in the location of buildings, elevations, drainage, streets or setbacks as shown on the approved plans may be made without the approval of the planning commission.

(e)

Dimensional requirements. The lot for each structure shall comply with the following dimensional area requirements:

(1)

Lot width. Each lot shall be not less than 60 feet wide at the front building line.

(2)

Lot area. The lot area for a single-family structure shall be not less than 7,200 square feet, and for a two-family structure shall be not less than 3,500 square feet per family, and for a multifamily structure shall be not less than 3,600 square feet each for the first three dwellings in the multifamily structure plus 1,200 square feet for each additional dwelling unit below four stories. If the structure is four stories or more, for each dwelling unit in addition to the first three, 600 square feet per unit shall be added. In all cases, not less than 50 percent of the lot area shall be provided as unobstructed open space.

(3)

Minimum front yard. All primary structures shall be set back a distance of not less than 25 feet from the front property line or as required in other ordinances, whichever is the greater; provided, however, that where the height exceeds 45 feet the front yard setback distance shall be increased one foot for each increment of two feet in increased structure height above 45 feet up to the maximum height permitted.

(4)

Minimum side yards. For a single- and two-family structures there shall be two side yards to each lot; the minimum required side yard width shall not be less than ten percent of the lot width at the front building line but in no case shall it be less than six feet, except that any side yard abutting a street shall be at least 15 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons. For multifamily and other permitted use structures there shall be a side yard on each side of the structure of not less than ten feet. For buildings more than 45 feet or three stories in height the side yard, in addition to complying with the preceding requirements, shall add one foot for each additional five feet in height above 45 feet.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet, and for structures more than 45 feet or three stories in height, in addition to complying with the preceding requirements, one foot shall be added for each increment of two feet in increased structure height above 45 feet up to the maximum permitted height.

(6)

Maximum height. No building hereafter erected or structurally altered shall exceed three stories or 45 feet in height, provided, however, that where the provisions of the yard requirements and additions thereto are complied with, the building may be increased in height, provided that no building shall exceed a height of 90 feet.

(7)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard, or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(8)

Minimum size of single-unit dwelling. Each unit shall contain a gross floor area of not less than:

a.

Single-family, 600 square feet;

b.

Two-family, 600 square feet; and

c.

Apartments, efficiency, 240 square feet, other apartments, 350 square feet.

(f)

Off-street parking. Each dwelling unit shall provide at least one off-street parking space. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in this district.

(g)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(Ord. No. 3171, § 702.1-4, 3-26-62; Ord. No. 4056, § 1, 4-24-72; Ord. No. 5013, § 1, 10-8-79)