§ 166.09 Residential District Medium-Density Two-Family (R-2)

and DESCRIPTION OF DISTRICT This district intends to establish and provide lower cost and higher density two-family, residential neighborhoods. R-2 intends to allow for attached single-family dwellings joined together on a common boundary line with a common wall between units. This district is protected from encroachment of incompatible uses. Commercial uses are limited to allowable home occupations.

USES AND STRUCTURES PERMITTED

A. Dwellings, Single-family and Two-family

B. Churches and temples

C. Public schools, elementary, junior high and high schools

D. Parochial or private schools having no rooms used regularly for housing or sleeping purposes

E. Public buildings, public and semi-public parks, playgrounds, community centers, libraries and museums

F. Family group care homes

USES AND STRUCTURES PERMITTED The following uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Section 9.05.

A. Private garages

B. Private swimming pools

C. Private greenhouses not operated for commercial purposes

D. Garden houses

E. Accessory uses or structures according to the provisions of Section 9.05

F. Temporary uses or structures used in conjunction with construction work; provided however, such buildings complies with the provisions of Section 9.21

EXCEPTION USES The following special exceptions are permitted in the R-2 District, subject to provisions of Section 11.07, which mandates the approval of all special exceptions by the Board of Adjustment.

A. Cemetery or mausoleum

B. Public utilities

C. Swimming pools, golf courses and country clubs, except miniature courses or driving ranges operated for a profit

D. Long-term care facilities

E. Day care facilities

F. Bed and breakfast houses

REQUIREMENTS The minimum lot areas and widths, density, setbacks, and height restrictions, are as prescribed in the following Table R2; provided however, the following requirements must apply when applicable:

A. Any lot adjacent to U.S. Highway 6, in any way, must be required to have a 20-foot setback in addition to the minimum yard requirements stated herein, except those properties that are located adjacent to Highway 6 beginning at the east line of Main Street to a point 233 feet, more or less, west of the intersection with Roberts Ferry Road and Highway Six, which must have a 32-foot setback, in addition to the minimum yard requirements stated herein.

B. Any lot adjacent to a railroad right-of-way, in any way must have a 50-foot setback in addition to the minimum yard requirement stated herein.

C. Day care facilities must provide a minimum of 150 square feet of outdoor play area for each child capable in its care.

REGULATIONS Signs are permitted according to the provisions of Section 6.

AND LOADING REGULATIONS Parking and loading must be provided according to the provisions of Section 7

REGULATIONS Exterior lighting is regulated according to the provisions of Section 8.

REGULATIONS At the time of application for a building permit, all applicants must supply a landscaping plan for review by the Planning and Zoning Commission or the city designee. The plan must be appropriate to the zone and must be submitted at the time of application for the building permit. The plan is subject to review and approval of the city.

Applicants in R-2 zones must provide in their landscaping plans for no less than one deciduous tree per residential unit. The P&Z may also request additional landscaping, such as shrubs and border vegetation if this appears to be beneficial to the building plan.

REGULATIONS Separate or divided ownership of each single-family unit of a two-family dwelling unit is permitted if the following requirements are met:

A. The lot or parcel of real estate is divided into two parcels, allowing separate ownership of each. Each unit must meet all of the requirements for uses permitted in the R2 District.

B. A two-family dwelling unit consists of two laterally-attached dwelling units with each unit having a separate access and separate utility services, including gas, water, sewer, and electricity.

C. The division of the lot into two parcels must allow a one single-family dwelling unit on either side of a common boundary line with the common wall between the two laterally joined single-family dwelling units.

D. Prior to division of the lot or parcel into two parcels, an applicant must submit to the City Clerk seven copies of proposed restrictive and protective covenants. The covenants must provide that the owners of each parcel divided are jointly and severally liable and responsible for the maintenance and repair of the common wall, as well as of all other common aspects. This requirement includes, but not limited to, utilities, water, sanitary sewer, storm sewer, easements, and driveways, all to the point of division. The Planning and Zoning Commission must determine within 60 days whether the proposed covenants meet the requirements of this paragraph. If approved, the P&Z must return one copy of the covenants to the owners. At that time, the owners must record the covenants at the Office of the Johnson County Recorder. If the Planning and Zoning Commission determines that the proposed Covenants are not satisfactory, the owner must be notified. The applicant may submit a new set of proposed covenants, which must embody the corrections or clarifications deemed necessary by the Planning and Zoning Commission.

E. The two-family dwelling unit is, other than its divided ownership, considered as any other residential dwelling and must meet all requirements pertaining to residential dwellings.

F. Zero lot-line dwellings may be created by filing an application at the time of submitting an application for a building permit. The application must state that the applicant intends to build a residential structure on two adjoining lots as a zero lot-line or multi-family structure that otherwise conforms with Sections R-2.09.A through R-2.09.E. All covenants and restrictions on the land and structures must be consistent with those restrictions and conditions found in Sections R-2.09A through R2.09.E. The zero lot-line dwelling structure must meet all of the minimum lot sizes and setback requirements applicable as described in Table R-2 as follows.

TABLE R-2 TWO-FAMILY RESIDENTIAL Minimum Lot Requirements Minimum Lot Size Requirements Minimum Yard Requirements Side Side Street Front Yard Yard Side, Rear R-2 Frontage Width Depth Area Yard One Two Corner Yard Maximum Depth Story Story Lot Depth Height

(ft) (ft) (sq ft) (ft) (ft) (ft) (ft) (ft) Permitted Principal Uses 2 1/2 and stories or Structures 80 100 12,000 20 10 10 20 30 38 ft Permitted Accessory 2 1/2 Uses and stories or Structures 80 100 18,000 30 10 10 20 40 38 ft

R-4, R-6, R-8, R-12 RESIDENTIAL DISTRICT MULTI-FAMILY

1. Description of District. The R-2 District intends to establish and provide lower cost and higher density two-family residential neighborhoods. The R-2 District intends to allow for attached single-family dwellings joined together on a common boundary line with a common wall between units. This district is protected from encroachment of incompatible uses. Commercial uses are limited to allowable home occupations.

2. Principal Uses and Structures Permitted.

A. Dwellings, single-family and two-family.

B. Churches and temples.

C. Public schools, elementary, junior high and high schools.

D. Parochial or private schools having no rooms used regularly for housing or sleeping purposes.

E. Public buildings, public and semi-public parks, playgrounds, community centers, libraries, and museums.

F. Family group care homes.

G. Day Care Facilities.

3. Accessory Uses and Structures Permitted. The following uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Section 165.11.

A. Private garages.

B. Private swimming pools.

C. Private greenhouses not operated for commercial purposes.

D. Garden houses.

E. Accessory uses or structures according to the provisions of Section 165.11.

F. Temporary uses or structures used in conjunction with construction work; provided however, such buildings comply with the provisions of Section 165.25.

4. Special Exception Uses. The following special exceptions are permitted in the R-2 District, subject to provisions of Section 165.27(7), which mandates the approval of all special exceptions by the Board of Adjustment.

A. Cemetery or mausoleum.

B. Public utilities.

C. Swimming pools, golf courses and country clubs, except miniature courses or driving ranges operated for a profit.

D. Long-term care facilities.

E. Bed and breakfast houses.

5. Area Requirements. The minimum lot areas and widths, density, setbacks, and height restrictions, are as prescribed in the Table R-2; provided however, the following requirements must apply when applicable:

A. Any lot adjacent to U.S. Highway 6, in any way, must be required to have a 20-foot setback in addition to the minimum yard requirements stated herein, except those properties that are located adjacent to U.S. Highway 6 beginning at the east line of Main Street to a point 233 feet, more or less, west of the intersection with Roberts Ferry Road and U.S. Highway 6, which must have a 32-foot setback, in addition to the minimum yard requirements stated herein.

B. Any lot adjacent to a railroad right-of-way, in any way, must have a 50-foot setback in addition to the minimum yard requirement stated herein.

C. Day care facilities. All new day care facilities shall comply with State administrative requirements in I.A.C. 441-11(237A).

6. Table R-2 Two-Family Residential Minimum Lot Requirements Minimum Lot Size Minimum Yard Requirements Requirements Side Side R-2 Front Street Rear Frontage Yard Yard Depth Area Yard Side, Yard Maximum Width One Two

(ft) (sq.ft) Depth Corner Depth Height

(ft) Story Story

(ft) Lot (ft) (ft)

(ft) (ft) Permitted 2½ Principal 80 100 12,000 20 10 10 15 30 stories or Uses and 38 ft Structures Permitted 2½ Accessory 80 100 18,000 30 10 10 20 40 stories or Uses and 38 ft Structures

7. Signs Regulations. Signs are permitted according to the provisions of Chapter

8. Parking and Loading Regulations. Parking and loading must be provided according to the provisions of Section 165.06 and the following:

A. Day Care Facilities. One space per employee based on the maximum number of employees at eh site at any one time, plus one parking space for every six children served, based on the maximum number of children present on the site at any one time.

9. Lighting Regulations. Exterior lighting is regulated according to the provisions of Section 165.07.

10. Landscaping Regulations. At the time of application for a Building Permit, all applicants must supply a landscaping plan for review by the Planning and Zoning Commission or the City designee. The plan must be appropriate to the zone. The plan is subject to review and approval of the City. Applicants in R-2 Districts must provide in their landscaping plans for no less than one deciduous tree per residential unit. The Planning and Zoning Commission may also request additional landscaping, such as shrubs and border vegetation if this appears to be beneficial to the building plan.

11. Special Regulations.

A. Separate or divided ownership of each single-family unit of a two-family dwelling unit is permitted if the following requirements are met:

(1) The lot or parcel of real estate is divided into two parcels, allowing separate ownership of each. Each unit must meet all of the requirements for uses permitted in the R-2 District.

(2) A two-family dwelling unit consists of two laterally-attached dwelling units with each unit having a separate access and separate utility services, including gas, water, sewer, and electricity.

(3) The division of the lot into two parcels must allow a one single-family dwelling unit on either side of a common boundary line with the common wall between the two laterally joined single-family dwelling units.

(4) Prior to division of the lot or parcel into two parcels, an applicant must submit to the Clerk seven copies of proposed restrictive and protective covenants. The covenants must provide that the owners of each parcel divided are jointly and severally liable and responsible for the maintenance and repair of the common wall, as well as of all other common aspects. This requirement includes, but is not limited to, utilities, water, sanitary sewer, storm sewer, easements, and driveways, all to the point of division. The Planning and Zoning Commission must determine within 60 days whether the proposed covenants meet the requirements of this paragraph. If approved, the Planning and Zoning Commission must return one copy of the covenants to the owners. At that time, the owners must record the covenants with the County Recorder. If the Planning and Zoning Commission determines that the proposed covenants are not satisfactory, the owner must be notified. The applicant may submit a new set of proposed covenants, which must embody the corrections or clarifications deemed necessary by the Planning and Zoning Commission.

(5) The two-family dwelling unit is, other than its divided ownership, considered as any other residential dwelling and must meet all requirements pertaining to residential dwellings.

(6) Zero lot-line dwellings may be created by filing an application at the time of submitting an application for a Building Permit. The application shall state that the applicant intends to build a residential structure on two adjoining lots as a zero lot-line or multi-family structure that otherwise conforms with the previous paragraphs in this section. All covenants and restrictions on the land and structures must be consistent with those restrictions and conditions found in the previous paragraphs in this section. The zero lot-line dwelling structure must meet all of the minimum lot sizes and setback requirements applicable as described in Table R-2 in Section 166.09(6).

B. Child Care Facilities. Each child care facility shall provide bicycle storage for 10 percent of the vehicle parking spaces.