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Zoning Article V
ARTICLE V
Residential Districts
Section 5.01 RG-l, Residential, Open Space and Reserved Districts
Section 5.02 Cluster Provision
Section 5.03 R-1-A, R-1-B, and R-1-C Single Family Residential Districts
Section 5.04 R-2, Low Density Residential Districts
Section 5.05 R-3, Medium Residential District
Section 5.06 R-4, High Density Residential Districts
Section 5.07 One-Family Residential Districts, R-1-A/B
Section 5.08 Multiple-Family Residential Districts, R-4-A, R-4-B, and R-4-C
Sec. 5.01 RG‑1, Residential, Open Space and Reserved Districts
The following regulations shall apply in RG‑1 Districts.
(a) General Description:
The RG-1, Residential, Open Space and Reserved District is established to provide suitable areas for large lot, low-density residential development characterized by an open appearance. The residential development will consist of single-family detached dwellings and accessory structures. This district may also include community facilities, public utilities, and open uses which serve specifically the surrounding residents, or which are benefited by an open residential environment without creating objectionable or undesirable influences upon residential developments.
(b) Permitted Principal Uses:
1. Single family detached dwelling.
2. Operations that are accepted practice of agricultural and horticulture science, research and education, including general purpose farms, truck gardening, and plant nurseries.
3. Operations that are accepted practice of forestry and wildlife science, research and education, including general purpose forestry, forest silviculture and wildlife management, temporary portable sawmills for the sawing of timber harvested in the immediate vicinity, but not including permanent plants for finishing or fabricating lumber; and related research institutions operated as not-for-profit.
4. Fairs, festivals, exhibitions or recreational activities and ancillary structures at facilities or on lands owned by the City or other not-for-profit organizations.
5. Public, non-profit and community facilities; recreation areas and uses and ancillary structures such as, but not limited to, picnic grounds, playgrounds, stadiums, swimming pools, tennis courts and baseball fields including stands and fences; community centers; libraries and museums.
6. Local government, state or federal uses, public utility building, telephone exchange, transformer station and electric transmission towers; providing such use will promote the general welfare of the community and will have no material adverse effect upon the district in which it is located.
7. Greenhouse or nursery for propagation and culture, including incidental retail sales as a minor accessory use, providing such incidental retail sales of commercial products be limited to products directly associated with agricultural or horticultural activity.
(c) Permitted Accessory Uses:
1. Shop, maintenance, offices and other buildings and structures that are necessary to serve the use of forestry and commercial nurseries.
2. Home occupation as defined in Article II Definitions and meeting the requirements of Section 3.11.
3. Barn and private equine stables.
4. Any use customarily incidental to the above permitted principal uses, including but not limited to, detached garage, pool house, play house, accessory building, and greenhouse. In case a question arises as to the degree of incidentalness, the Board of Zoning Appeals shall rule.
(d) Special Exceptions Requiring Board of Zoning Appeals Approval:
1. Private and public educational institutions.
2. Mining and quarrying provided proper precautions to handle traffic and to absorb dust and noise are used, and to insure there is adequate distance from other uses.
3. Family day care home, group day care homes, and adult day care facility.
4. Telecommunication towers.
5. Commercial equine stables.
6. Stock, dairy, and poultry farms (animal husbandry).
7. Cemetery.
8. Golf courses.
9. Bed and breakfasts (Residences).
10. Commercial kennels.
11. Religious institutions.
(e) Area, Height, Bulk and Placement Regulations:
Maximum Usable Floor Area to Lot Area Ratio: 10%.
Minimum Lot Size: 200,000 square feet in area;
Minimum Lot Width: 300 feet.
Minimum Required Setback Dimensions in Feet: Front - 50 feet, Least One Side - 50 feet; Rear - 50 feet (Exception-All accessory buildings shall be a minimum of 100 feet from the front lot line.)
Maximum Height in Feet: 40.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
Sec. 5.02 Cluster Provision
(a) Purpose
The purpose of this section is to provide a permissive voluntary alternative procedure to be utilized in coordination with Section IV, Sub-section K of the Oak Ridge Subdivision Regulations, which address hillside standards and slope conditions. These provisions are intended to provide for variations in lot size and open space requirements within the RG-1, Residential, Open Space and Reserved Districts; and R-1-A, Single-Family Residential Districts. The density standards established for these districts are to be maintained on an overall basis and thereby provide desirable open space, tree cover, recreational areas and scenic vistas, all with the intent of preserving the natural beauty of the area, while at the same time maintaining the allowable population density limitations of the district in which this procedure may be permitted.
(b) General Provisions
The provisions contained within this section are intended to provide a flexible procedure for locating dwellings upon sites. As such, the provisions do not constitute a use but an alternative procedure for the spacing of buildings and the use of open areas surrounding those buildings. It is necessary, however, that the purposes and intent of this ordinance be assured and that proper light, air and privacy be made available for each dwelling unit.
(c) Site Development Plan Required
A site development plan shall be prepared and submitted to the Planning Commission for review and approval concurrently with a Sketch Plat as required by the Subdivision Regulations. Upon receipt of a Site Development Plan and Sketch Plat, the Planning Commission shall concurrently review the site development plan and sketch plat and jointly approve, approve with modifications, or disapprove these documents. Upon approval of a site development plan, only minimal adjustments as determined by City staff involving the placement of any structure or the reduction or relocation of any open space will be permitted. Any other change shall require submission of a proposed amendment to the approved Site Development plan.
Requirements For Site Development Plan:
1. Density calculations which meet the provision of Section 5.02 (e).
2. The actual shape, location, and dimensions of the lot.
3. The shape, size, and location of all buildings or other structures to be erected, altered or moved and of buildings or other structures already on the lot.
4. Location of all areas proposed to be dedicated as Open Space including dimensions and any physical improvements.
5. Proposed ownership of Open Space and method of continued maintenance.
(d) Development Standards
The following standards and requirements shall apply. In the interest of promoting the most appropriate and economical use of the land while assuring that the character of the residential district is maintained, the Planning Commission in its review of a proposed development shall consider the following:
1. Protection of the character, property values, privacy and other characteristics of the surrounding neighborhood; and
2. The preservation and protection of existing trees, ground cover, top soil, streams, rock outcroppings and scenic or historic sites from dangers and damage caused by excessive and poorly planned grading for streets and building sites.
(e) Permitted Density
The density permitted is intended to be within the range of that permitted within more typical developments offering no common open space. The maximum number of dwelling units permitted shall be computed as follows:
The following shall be subtracted from the gross acreage available within the development:
1. Any portion of the site which is within the street right-of-way and/or easement for major utilities such as gas or electric transmission lines where the full use of the land is not available to the landowner because of restrictions; and
2. Any portion of the site which lies within a floodway district.
The area remaining after the above adjustments shall be divided by the minimum development area per dwelling unit for the district in which the dwelling unit is located. For developments located in more than one (1) zoning district, the density shall be computed separately for that portion of the development lying within each district. No developmental density may be transferred across zoning district boundaries.
(f) Minimum Lot Area and Lot Width
No lot may be created within the district indicated which has less area than required for the type dwelling indicated. The minimum lot size shall not be less than one-half than required by the designated zone district. The minimum lot width at the building line shall be as approved by the Planning Commission. In no instance can the house size be more than fifty percent (50%) of the lot size.
(g) Yard Requirements
Within any development approved under the provisions of this section, the following yard requirements shall apply:
1. For lots located along the periphery of the site, the basic yard provisions established for the district within which the development is located shall apply along all portions of lots which abut the periphery.
2. For units located entirely within the interior of a site, the Planning Commission shall approve yards during review of the Site Development Plan. However, each dwelling unit shall, on its own lot, have one (1) yard containing not less than six hundred (600) square feet. This yard shall be reasonably secluded from view from streets and from neighboring property and shall not be used for off-street parking or for any accessory building.
(h) Open Space Requirements
Any common open space provided within a development of this type shall:
1. Meet the requirements for quality and improvement established in Section 9.05(v) 6 and as may be required as a condition of approval by the Planning Commission; and
2. Be protected by covenants or restrictions as outlined in Section 9.05(s), which will insure the improvement and continued maintenance of all such properties; and
3. Serve as recreational and open space only.
Sec. 5.03 R‑1-A, R‑1-B and R‑1-C, Single Family Residential Districts,
The following regulations shall apply in R-1-A, R-1-B and R-1-C, single-family districts:
(a) Permitted Principal Uses:
1. Single family detached dwelling.
2. Local government, state or federal uses, public utility building, telephone exchange, transformer station, and electrical transmission towers; providing such use will promote the general welfare of the community and will have no material adverse effect upon the district in which it is located.
(b) Permitted Accessory Uses:
1. A home occupation as defined in Article II and meets the requirements of Section 3.11.
2. Any use customarily incidental to the above permitted principal use such as but not limited to garages, greenhouses, swimming pools and appurtenances, play houses and accessory buildings. In case a question arises as to the degree of incidentalness, the Board of Zoning Appeals shall rule.
(c) Special Exceptions Requiring Board of Zoning Appeals Approval:
1. Religious institutions.
2. Family day care home, group day care homes, and adult day care facility.
3. Private and public educational institutions.
4. Public, non-profit and community facilities; recreation areas and uses and ancillary structures such as, but not limited to, picnic grounds, playgrounds, stadiums, swimming pools, tennis courts and baseball fields including stands and fences; community centers; libraries and museums.
5. Non-profit recreational and community swimming pools.
(d) Area, Height, Bulk and Placement Regulations:
1. District: R-1-A.
Maximum Usable Floor Area to Lot Area Ratio: 20%.
Minimum Lot Size: 20,000 square feet in area.
Minimum Lot Width: 120 feet.
Minimum Required Setback Dimensions in Feet: Front - 30 feet, Side - 20 feet; Rear - 40 feet.
Maximum Height in Feet: 40.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
2. District: R‑1-B.
Maximum Usable Floor Area to Lot Area Ratio: 25%.
Minimum Lot Size: 14,000 square feet in area.
Minimum Lot Width: 100 feet.
Minimum Required Setback Dimensions in Feet: Front - 30 feet, Side - Total of Two Sides-30 feet (12’/18’ minimums); Rear - 35 feet.
Maximum Height in Feet: 40.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
3. District: R-1-C.
Maximum Usable Floor Area to Lot Area Ratio: 30%.
Minimum Lot Size: 8,000 square feet in area.
Minimum Lot Width: 70 feet.
Minimum Required Setback Dimensions in Feet: Front - 25 feet, Total of two sides of 20 feet (8’/12’ minimums); Rear - 30 feet.
Maximum Height in Feet: 40.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
Sec. 5.04 R‑2, Low Density Residential District
The following regulations shall apply in R‑2 Low Density Residential District.
(a) Permitted Principal Uses:
1. Single family detached dwelling.
2. Duplex.
3. Single family attached dwellings with no more than four (4) contiguous units.
4. Local government, state or federal uses, public utility building, telephone exchange, transformer station, and electrical transmission towers; providing such use will promote the general welfare of the community and will have no material adverse effect upon the district in which it is located.
(b) Permitted Accessory Uses:
1. Home occupation, as defined in Article II and meets the requirements of Section 3.11.
2. Any use customarily incidental to the above permitted principal use such as but not limited to garages, greenhouses, swimming pools and appurtenances, play houses and accessory buildings. In case a question arises as to the degree of incidentalness, the Board of Zoning Appeals shall rule.
(c) Special Exceptions Requiring Board of Zoning Appeals Approval:
1. Religious institutions.
2. Family day care home, group day care homes, and adult day care facility.
3. Private and public educational institutions.
4. Public, non-profit and community facilities; recreation areas and uses and ancillary structures such as, but not limited to, picnic grounds, playgrounds, stadiums, swimming pools, tennis courts and baseball fields including stands and fences; community centers; libraries and museums.
5. Permanent and transient group care facilities.
(d) Area, Height, Bulk, and Placement Regulations:
Maximum Usable Floor Area (Footprint of the building) to Lot Area Ratio: 30% for permitted uses and 60% for Special Exceptions.
Minimum Size of Lot: 8,000 square feet for single family detached and duplexes and 4,000 square feet for each additional unit.
Minimum Lot Width-45 feet
Minimum Required Setback Dimensions in Feet: Front – 20 feet; Each Side - 8 feet; Rear – 25 feet.
Maximum Height in Feet: 40.
NOTE: See Articles XIII and XVI of this Ordinance for applicable site plan review regulations.
Sec. 5.05 R-3, Medium Residential District
The following regulations shall apply in R-3 Medium Residential Districts.
(a) Permitted Principal Uses:
1. Duplex.
2. Single family attached dwellings with no more than 8 contiguous units.
3. Public, non-profit and community facilities; recreation areas and uses and ancillary structures such as, but not limited to, picnic grounds, playgrounds, stadiums, swimming pools, tennis courts and baseball fields including stands and fences; community centers; libraries and museums.
4. Business and professional offices.
5. Hospital, clinic, mental health clinic, and related medical office uses.
6. Animal hospitals/clinics.
7. Buildings and meeting rooms which are associated with charitable, philanthropic, civic, or professional clubs.
8. Assisted living facilities, independent living facilities, nursing homes and retirement centers.
9. Local government, state or federal uses, public utility building, telephone exchange, transformer station, and electrical transmission towers; providing such use will promote the general welfare of the community and will have no material adverse effect upon the district in which it is located.
10. Religious institutions.
11. Private and public educational institutions.
12. Bed and Breakfast (Inn).
(b) Permitted Accessory Uses:
1. Any use customarily incidental to the permitted principal uses, including office uses having to do with the management and administration of any permitted principal use.
2. Home occupations as defined in Article II and meets the requirements of Section 3.11.
(c) Special Exceptions Requiring Board of Zoning Appeals Approval:
1. Public, non-profit and community facilities; recreation areas and uses and ancillary structures such as, but not limited to, picnic grounds, playgrounds, stadiums, swimming pools, tennis courts and baseball fields including stands and fences; community centers; libraries and museums.
2. Cemetery.
3. Family day care home, group day care homes, and adult day care facility.
4. Permanent and transient group care facilities.
(d) Area, Height, Bulk, and Placement Regulations:
Maximum Usable Floor Area (footprint of the building) to Lot Area 30% for permitted uses and 60% for Special Exceptions.
Minimum Size of Lot per Principal Building: 3,600 square feet per dwelling unit and not to exceed 12 units per acre.
Minimum Required Setback Dimensions in Feet: Front - 25 feet; Side - 10 feet for <3 stories, +10 feet for each additional story but not to exceed 50 feet; Rear - 30 feet.
Maximum Height in Feet: 55.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
Sec. 5.06 R-4, High Density Residential Districts
The High Density Residential zone classification is a residential district established to provide areas for apartments developments up to 24 units per acre where it is determined high densities of populations can be accommodated. Quality of building materials and design, and efficiency of land is encouraged by providing for adequate light, air, and open space for apartments and condominiums found within this district.
The following regulations shall apply in R-4 High Density Districts.
(a) Permitted Principal Uses:
1. Multiple-family dwelling.
2. Assisted-care living facilities, independent living facilities, nursing homes and retirement centers.
3. Public, non-profit and community facilities; recreation areas and uses and ancillary structures such as, but not limited to, picnic grounds, playgrounds, stadiums, swimming pools, tennis courts and baseball fields including stands and fences; community centers; libraries and museums.
4. Hotel or motel.
5. Business and professional offices.
6. Hospital, clinic, mental health clinic, and related medical office uses.
7. Animal hospitals/clinics.
8. Buildings and meeting rooms which are associated with charitable, philanthropic, civic, or professional clubs.
9. Local government, state or federal uses, public utility building, telephone exchange, transformer station, and electrical transmission towers.
10. Religious institutions.
11. Private and public educational institutions.
12. Bed and Breakfast- Inn.
(b) Permitted Accessory Uses:
1. Any use customarily incidental to the above permitted principal use such as but not limited to garages, greenhouses, swimming pools and appurtenances, play houses and accessory buildings. In case a question arises as to the degree of incidentalness, the Board of Zoning Appeals shall rule.
2. Home occupations as defined in Article II and meets the requirements of Section 3.11.
(c) Special Exceptions Requiring Board of Zoning Appeals Approval:
1. Family day care home, group day care homes, and adult day care facility.
2. Permanent and transient group care facilities.
(d) Area, Height, Bulk, and Placement Regulations:
Maximum Usable Floor Area (footprint of the building) to Lot Area 50%.
Minimum Size of Lot per Principal Building: 1,850 square feet per dwelling unit and not to exceed 24 units per acre.
Minimum Required Setback Dimensions in Feet: Front - 25 feet; Side - 12 feet + 5 feet on each side per floor over 2 stories with a maximum of 50 feet; and Rear- 12 feet + 10 feet per floor over 2 stories with a maximum of 50 feet.
Maximum Height in Feet: No Limit.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
(e) Access to Major Streets:
Areas zoned R‑4 shall have direct access by road to a major thoroughfare or collector street shown on the official Major Thoroughfare Plan without traversing existing streets in areas zoned R‑1 or R‑2.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
Sec. 5.07 One-Family Residential Districts, R-1-A/B
The following regulations shall apply in R-1-A/B one-family districts:
(a) Permitted Principal Uses: One-family dwelling.
(b) Permitted Accessory Uses:
1. Private garage.
2. Garden house, tool house, swimming pool, playhouse, or greenhouse not used for commercial purposes.
3. A home occupation (see definition) appropriate to the character of the district in which it is located.
4. Rooms for the use of domestic employees of the owner, lessee, or occupant of the principal dwelling, but if such rooms meet the definition of a dwelling unit, the lot area requirements shall be met.
5. Not more than two rooms per dwelling unit may be used for boarders or roomers.
6. Signs (See Article XIV).
7. Automobile parking (See Section 11.02)
8. Any use customarily incidental to the permitted principal use. In case a question arises as to the degree of incidentalness or length of custom, the Board of Appeals shall rule.
(c) Uses requiring Board of Appeals Permit:
1. Church, subject to conditions as shall require adequate front, side, and rear yards; appropriate location of off-street automobile parking and adequate provisions for the location of noisy activities on such quarter of the lot as to protect the character of the district.
2. Family day care home, child care center, and private education institution.
3. Public or nonprofit community recreation uses such as parks, swimming pools, playgrounds, golf courses, ball fields, athletic fields, and stadiums; providing the proposed use will have adequate water supply, waste disposal, and other necessary facilities; and will not cause undue traffic congestion or create a traffic hazard.
4. Municipal uses, state or federal uses, public school, public library, public museum, public utility building, telephone exchange, transformer station, and electrical transmission towers; providing such use will promote the general welfare of the community and will have no material adverse effect upon the district in which it is located.
5. Hospital, provided that the lots shall have two thousand five hundred (2,500) square feet for each bed in such hospital, and precautions of building location and other precautions necessary to preserve the character of the district.
6. Cemetery, providing such use will have a minimum lot area of 200,000 square feet, will have a setback of fifty (50) feet from all property lines in which monuments and all other structures are prohibited and will not cause undue traffic congestion, or create a traffic hazard.
7. Permanent group care facilities.
8. Transitional Accessory Uses (see Section 4.08 for Criteria).
(d) Area, Height, Bulk and Placement Regulations:
District: R-1-A/B.
Maximum Usable Floor Area to Lot Area: 20%
Minimum Size of Lot per Principal Building: 14,000 sq. ft. in area: 90 ft. in width.
Minimum Required Setback Dimensions in feet: Front - 30 ft.; Least One Side - 15 ft., Total of Two Sides - 35 ft.; Rear - 45 ft.
Maximum Height in Feet: 35.
Maximum Height in Stories: 2 1/2.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
Sec 5.08 Multiple-Family Residential Districts, R-4-A, R-4-B, and R-4-C
The following regulations shall apply in R‑4-A, R‑4-B and R‑4-C Multiple-Family Districts.
(a) Permitted Principal Uses:
1. Multiple-family dwelling.
2. Townhouse.
3. Condominium.
(b) Permitted Accessory Uses:
1. Automobile parking (see Section 11.02).
2. Signs (see Article XIV).
3. Community garage containing spaces for occupants or guests of the principal use only.
4. Swimming pool for occupants or guests of the principal use only.
5. Any use customarily incidental to the permitted principal use. In case a question arises as to the degree of incidentalness or length of custom, the Board of Appeals shall rule.
(c) Uses Requiring Board of Appeals Permit:
1. Family day care home, child care center, and private education institution.
2. Transitional Accessory Uses (see Section 4.08 for Criteria)
3. Assisted-Care Living Facilities
(d) Dwelling Density, Height, Bulk, and Placement Regulations:
1. District: R‑4-A
Maximum Dwelling Density: 6 per acre.
Maximum Height in Feet: 35.
Maximum Height in Stories: 2.
Minimum Lot Size in Square Feet: 44,000.
Minimum Required Setback Dimensions in Feet: Front - 25 ft.; Side - 12 ft. or that of the adjacent zone, whichever is greater; Rear - 30.
2. District: R‑4-B
Maximum Usable Floor Area to Lot Area: 30%.
Maximum Height in Feet: 36.
Maximum Height in Stories: 3.
Minimum Lot Size in Square Feet: 44,000.
Minimum Size of District: 3 acres, except where contiguous to lands already zoned R‑3, R‑4-A, R‑4-B or R‑4-C.
Minimum Required Setback Dimensions in Feet: Front - 25 ft.; Least One Side - 12 ft. except 22 ft. for 3 story buildings or that of the adjacent zone, whichever is more; Rear - 30 ft.
3. District: R‑4-C
Maximum Usable Floor Area to Lot Area: 50%.
Maximum Height in Feet: 120.
Minimum Size of District: 3 acres except where contiguous to lands already zoned R‑3, R‑4-A, R‑4-B or R‑4-C.
Minimum Lot Size in Square Feet: 44,000.
Minimum Required Setback Dimensions in Feet: Front - 25 ft.; Least One Side - 12 ft. plus 10 ft. per story above two stories, or that of the adjacent zone, whichever is more; Rear - same as side setback but not less than 30 ft.
Usable Open Space: Usable, unobstructed open space, in area at least 40% of the usable floor area, sloping not more than 10% and not designed for vehicle use, shall be provided on the same lot with multiple-family dwellings, townhouses and condominiums.
(e) Access to Major Streets:
Areas zoned R‑4-C shall have direct access by road to a major thoroughfare or collector street shown on the official Major Thoroughfare Plan without traversing existing streets in areas zoned R‑1 or R‑2.
NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.
(Ord. No. 27-98 Revised Effective 10/02/08)
