§ 440-15. Residential/Professional Office District (R-5).


Latest version.
  • A. 
    Purpose. The R-5 Residential/Professional Office District is a residential district which has as its primary purpose providing suitable locations and development standards for a mix of residential uses and professional offices, particularly in areas separating high-volume traffic corridors from residential neighborhoods. The preservation of the residential character of any neighborhood designated as R-5 is strongly emphasized. Other compatible or related uses may also be permitted in this district.
    B. 
    Permitted uses. The following principal and accessory uses, permitted and conditional uses, and uses by special exception shall be permitted in the R-5 Residential District.
    (1) 
    Principal uses. The following principal uses shall be permitted in the R-5 District:
    (a) 
    Buildings and uses of the type permitted and as regulated in the least-restrictive residential district which is contiguous to the specific lot in question.
    (b) 
    Professional offices, limited to accounting, architectural, bookkeeping, clerical services, dental, drafting, engineering, insurance, legal, medical, real estate, stenographic, veterinary medicine (excluding kennels), and writing and editing offices.
    (c) 
    Personal services, limited to barbershops, beauty shops, travel agencies, and watch repair.
    (d) 
    Photographer's studio.
    (e) 
    Temporary uses: Article VIII, § 440-49A(1), (2) and (3).
    (2) 
    Accessory uses. The following accessory uses shall be permitted in the R-5 District:
    (a) 
    All accessory uses listed and as regulated.
    (b) 
    Off-street parking and off-street loading facilities, as required and regulated under Article VIII of this chapter.
    (c) 
    Signs, as elsewhere herein regulated.
    (d) 
    Other comparable or customary architectural, design or landscaping features or uses consistent with the maintenance of the residential character of the neighborhood, subject to the approval of the Zoning Officer.
    (3) 
    Conditional uses. The following uses shall be permitted as conditional uses in the R-5 District, subject to the regulations and procedures outlined under Article IX of this chapter:
    (a) 
    Those conditional uses listed and as regulated in the least-restrictive contiguous residential district.
    (b) 
    Hospital.
    (c) 
    Telecommunications signal receiving, transmission or relay tower.
    (4) 
    Uses by special exception. The following uses shall be permitted as uses by special exception in the R-5 District, subject to the regulations and procedures outlined under Article X of this chapter:
    (a) 
    Those uses by special exception listed and as regulated in the least-restrictive contiguous residential district.
    (b) 
    Retail sales, limited to antiques, art, crafts, flowers, greeting cards and small gifts, jewelry and watches and over-the-counter and prescription drugs.
    C. 
    Bulk and area requirements. The bulk and area requirements for all permitted principal and accessory structures and uses in the R-5 District (including the minimum lot dimensions, setbacks and densities, the maximum lot coverage, and the maximum height) shall be the same as those established and as regulated in the least-restrictive residential district which is contiguous to the specific lot in question.
    D. 
    Additional standards, requirements and regulations.
    (1) 
    General. All operations, activities, sales, services and ancillary storage related to any business activity of any kind shall be conducted only within an enclosed and approved structure.
    (2) 
    Signs. In addition to the standards, requirements and regulations outlined under Article VII, § 440-25, of this chapter, the following additional standards shall apply to any nonresidential use in the R-5 District:
    (a) 
    The illumination of any sign shall be prohibited.
    (b) 
    Not more than one freestanding monument or flush-mounted (on the front wall only of the principal building only) sign shall be permitted, and then only if in compliance with either of the following standards:
    [1] 
    Any monument sign shall be not more than five feet in width, three feet in height, 15 square feet in area, 42 inches in height above finished grade (measured from the highest point on the sign), and shall have no more than two sides (one or both of which may have printing).
    [2] 
    Any flush-mounted sign shall be not more than five feet in width, three feet in height, 15 square feet in area, 42 inches in height above the first-floor elevation of the principal structure (measured from the highest point on the sign), and shall have no more than one side.
    [3] 
    The printing on any such sign shall be limited to:
    [a] 
    The occupant's name or the name of the business.
    [b] 
    The street number and name.
    [c] 
    The business's telephone number.
    [d] 
    The occupation, service or business type.
    [4] 
    The printing on any such sign shall exclude any and all advertising of product(s), whether or not said product is available on the premises.
    (3) 
    Design. Any business use may only be housed in a structure which is residential by design.
    (4) 
    Conversion. Any structure which is to be converted in whole or in part from a dwelling to a business use shall only be converted in such a way so as to preserve and enhance the residential character of the structure's original design.
    (5) 
    New construction. Any new structure which is proposed for a business-related use shall be subject to design review and approval by the Commission prior to the issuance of a building permit to assure that any such structure shall be residential in character and designed so as preserve and enhance the residential character of the neighborhood.
    (6) 
    Number of nonresidential uses per principal structure. Not more than one permitted nonresidential use shall be permitted within any principal structure within the R-5 District.
    (7) 
    Mixed uses. A permitted business use may be combined with a permitted residential use or uses within a principal structure in the R-5 District.
    (8) 
    Landscaping. Any business use shall include provisions for the complete landscaping of all required yards and the establishment of landscaped buffers where said use or its ancillary off-street parking area(s) is adjacent to any residential district or use.
    (9) 
    Number of principal structures per lot. Not more than one principal structure shall be permitted on any zoning lot.
    (10) 
    Supplemental off-street parking requirement. All off-street parking areas shall be situated in a side and/or rear yard only. Off-street parking in any front yard shall be prohibited in the R-5 District.
    (11) 
    Hours of operation. No business use in the R-5 District may be open:
    (a) 
    Earlier than 9:00 a.m. nor remain open later than 9:00 p.m., Monday through Friday.
    (b) 
    Earlier than 9:00 a.m. nor remain open later than 5:00 p.m., on any Saturday.
    (c) 
    At any time on any Sunday or national holiday.
Amended 3-19-1997 by Ord. No. 1409