[Ord. No. 5814 §1(20.1), 4-27-2004]
The "R-7" High Density Multiple-Family Dwelling District (hereinafter
known in this Article as the "R-7" District) is intended to allow
for the most dense level of residential land use while still maintaining
the health, safety, welfare and desirability of the City of Clayton.
This district also allows for non-residential land uses, which provide
services to the residential district on a conditional use permit basis.
[Ord. No. 5814 §1(20.2), 4-27-2004]
The uses permitted by right and by conditional use permit are
listed in the Table of Permitted Uses found at the end of this Article.
If a "P" (permitted by right) or a "C" (permitted by conditional use
permit) is not indicated for a use in this table or a use is not included
on the table, it is prohibited.
[Ord. No. 5814 §1(20.3), 4-27-2004]
None.
[Ord. No. 5814 §1(20.4), 4-27-2004]
Buildings in the "R-7" District which exceed three (3) stories
in height may only cover up to sixty percent (60%) of the buildable
area of the lot on which they are to be constructed.
[Ord. No. 5814 §1(20.5), 4-27-2004]
The maximum allowable floor area ratio (FAR) for the "R-7" District
is four (4.0). In the "R-7" District where a portion of the buildable
area is devoted to open space, additional floor area equal to eight
(8) times the open space contained within the buildable area shall
be permitted.
[Ord. No. 5814 §1(20.6), 4-27-2004; Ord. No. 6509, 11-28-2017]
[Ord. No. 5814 §1(20.7), 4-27-2004; Ord. No. 6509, 11-28-2017]
A.
The
minimum lot area in the "R-7" District shall be five thousand (5,000)
square feet and the following minimum lot areas shall be provided
for each dwelling unit:
[Ord. No. 5814 §1(20.8), 4-27-2004]
Where a lot of record established prior to April 14, 1959, has
less width or area than herein required in the district in which it
is located, such lot shall be considered a conforming lot.
[Ord. No. 5814 §1(20.9), 4-27-2004]
A.
No
more than forty-five percent (45%) of the required front yard setback
may be covered by impervious material. No more than fifty-five percent
(55%) of the total lot may be covered by impervious material. Properties
located within an urban design district must comply with the requirements
for the specific urban design district.
B.
In
instances where an applicant can demonstrate just cause, the Plan
Commission shall have the authority to approve a modification of up
to an additional five percent (5%) over the impervious coverage requirement;
that is up to fifty percent (50%) in the front yard and up to sixty
percent (60%) overall lot coverage; unless the property is located
within an urban design district, then the requirements found therein
shall apply.
[Ord. No. 5814 §1(20.10), 4-27-2004]
A.
The
following are setback requirements for a principal building located
in an "R-7" District and modifications to those requirements when
certain conditions exist.
1.
Front yard setbacks. The required setback in an
"R-7" District is measured by calculating twenty-five percent (25%)
of the depth of the lot measured from the front to the rear property
line. The calculated setback must be a minimum of thirty (30) feet
from the front building facade to the front property line. The front
yard setback is not required to exceed a maximum of sixty (60) feet,
although these regulations do not preclude a deeper than maximum setback
at the discretion of the property owner. Modifications to the required
front yard setback are permitted under the following conditions:
a.
Where fifty percent (50%) or more of the frontage along any block
face is improved with buildings that have observed a front yard line
with a variation in depth of not more than ten (10) feet, the average
of such front yard lines shall be the minimum setback observed in
such a block face in lieu of the required front yard setback requirements.
For example, when calculating the average setback for a block face
with ten (10) homes, where nine (9) homes have setbacks ranging from
twenty-five (25) feet to thirty-five (35) feet and the remaining home
has a forty (40) foot setback, the home with the forty (40) foot setback
is not included in the calculation for the average. No front yard
shall be required to exceed the maximum of one hundred (100) feet.
b.
Where lots have double frontages or are corner lots, the required
front yard setback provisions shall be provided on all streets.
c.
If at or below the first (1st) floor level of the principal structure,
an open, uncovered porch may project into a required front yard a
distance of up to ten (10) feet, or an open, covered porch or paved
terrace may project into a required front yard a distance of up to
five (5) feet and associated roof eaves may project up to an additional
three (3) feet.
d.
Balconies may project up to five (5) feet into the required front
yard setback.
e.
Front yard masonry garden walls, planting boxes, retaining walls,
plantings or ornamental or decorative fences may be erected as part
of new construction, up to four (4) feet above the grade level in
the front yard, provided such structure is an integral part of the
architectural feature of the principal structure, is in compliance
with sight distance standards and is approved by the Architectural
Review Board. Additionally, for properties located on a corner lot,
no such plantings, masonry garden walls, planting boxes, retaining
walls or ornamental or decorative fences shall be maintained higher
than three and one-half (3½) feet above the established street
grades within twenty (20) feet of any street intersection to comply
with sight distance standards.
f.
Roof eaves may project up to three (3) feet into the required front
yard setback.
g.
Windowsills, bay windows, belt courses and similar architectural
features, as well as rain leaders and chimneys, may project up to
two (2) feet into the required front yard setback.
h.
Any accessory building that is not a part of the principal structure
shall be located not less than sixty (60) feet from the front lot
line.
i.
Lots in excess of fifteen thousand (15,000) square feet and having
one hundred (100) lineal feet of frontage or more may install two
(2) drive approaches to accommodate a turnaround with the written
approval from the Director of Public Works and subject to Architectural
Review Board approval (all other lots shall be limited to one (1)
drive approach).
j.
Basements and parking facilities that are completely underground
may encroach into the front yard setback but may not transverse the
property line.
2.
Rear yard setbacks. The required setback in an "R-7"
District is measured by calculating twenty-five percent (25%) of the
depth of the lot measured from the front to the rear property line.
The calculated setback must be a minimum of thirty (30) feet from
the rear property line to the closest rear wall of the principal structure.
The rear yard setback is not required to exceed a maximum of fifty
(50) feet, although these regulations do not preclude a deeper than
maximum setback at the discretion of the property owner. Modifications
to the required rear yard setback are permitted under the following
conditions:
a.
Open, uncovered porches, patios and above ground decks may project
no more than twelve (12) feet into a required rear yard, provided
the floor level of any such structure is at or below the level of
the first (1st) floor of the building. Balconies may project into
the required rear yard a maximum distance of five (5) feet.
b.
Where a corner lot exists and thereby two (2) front yards, the property
line opposite to the front yard line with the greater street frontage
shall be considered the side yard and the property line opposite to
the front yard line with the lesser street frontage shall be considered
the rear yard.
 |
c.
One (1) or more accessory buildings may be located in the rear yard.
However, the combined footprint may not occupy more than thirty-five
percent (35%) of the required rear yard area and no accessory building
shall be closer than ten (10) feet to the principal building nor closer
than five (5) feet to any rear property line. Additionally, accessory
buildings may not exceed twenty (20) feet in height.
d.
Outside stairways, deck stairs, tower balconies and fire escapes
may project up to four (4) feet into the required rear yard setback.
e.
Roof eaves may project up to three (3) feet into the required rear
yard setback.
f.
Windowsills, bay windows, belt courses and similar architectural
features, as well as rain leaders and chimneys, may project up to
two (2) feet into the required rear yard setback.
g.
Basements and parking facilities that are completely underground
may encroach into the rear yard setback but may not transverse the
property line.
3.
Side yard setbacks. The required setback in an "R-7"
District is measured by calculating ten percent (10%) of the width
of the total lot. The calculated setback must be a minimum of twelve
(12) feet up to a maximum of twenty (20) feet, although these regulations
do not preclude a wider than maximum setback at the discretion of
the property owner. Modifications to the required side yard setback
are permitted under the following conditions:
[Ord. No. 6509, 11-28-2017]
a.
For the purposes of side yard regulations, a multi-family dwelling
shall be considered as one (1) building occupying one (1) lot.
b.
Townhouse dwellings may be constructed on multiple lots (fee simple)
or on one (1) lot (condominium) with a party wall connecting the units
and, in such cases, each individual lot shall meet the minimum lot
width and lot area requirements provided in this Article, but the
side yard requirement at the common wall between units shall not apply.
c.
Where a lot of record at the time of the effective date of this Chapter
is less than the minimum required width, the required side yard may
be reduced to less than the required ten percent (10%) of the width
of the lot, provided, however, that no side yard shall be less than
five (5) feet from the structure to the side property line.
d.
On a corner lot, the side yard facing the street shall be set back
in conformance with the required front yard on that street; provided,
however, that the buildable width of such lot shall not be reduced
to less than thirty-five (35) feet.
e.
No accessory building shall be closer than ten (10) feet to the principal
building nor closer than five (5) feet to any side property line.
f.
An unenclosed porte-cochere or canopy may project into a required
side yard but may not encroach further than five (5) feet from the
side property line.
g.
Outside stairways, tower balconies or fire escapes may project up
to four (4) feet into the required side yard setback.
h.
Roof eaves may project up to three (3) feet into the required side
yard setback.
i.
Windowsills, bay windows, balconies, belt courses and similar architectural
features, as well as rain leaders and chimneys, may project up to
two (2) feet into the required side yard setback.
j.
Basements and parking facilities that are completely underground
may encroach into the side yard setback but may not transverse the
property line.
[Ord. No. 5814 §1(20.11), 4-27-2004]
Those parts of existing building that violate yard regulations
may be repaired and remodeled but not reconstructed or structurally
altered.
[Ord. No. 5814 §1(20.12), 4-27-2004; Ord. No. 6333 §1, 8-26-2014]
No off-street parking facilities will be allowed within required front and side yard areas except as provided by a conditional use permit. For other applicable regulations regarding off-street parking, see Article XXV, Off-Street Parking and Loading Regulations, of this Chapter.
[Ord. No. 5814 §1(20.13), 4-27-2004]
No existing lot of record within the "R-7" District shall be
resubdivided unless the resubdivided lots conform to the area and
frontage requirements of the "R-7" Multiple-Family Dwelling District
and in addition be consistent with the lots located in the immediate
neighborhood with regard to size, frontage and arrangement so as to
provide an orderly pattern of development. No flag lot(s) shall be
created as a result of any resubdivision.
[Ord. No. 5814 §1(20.14), 4-27-2004]
Any development proposed within the "R-7" Zoning District shall
be reviewed for compliance with other plans and/or regulations of
the City of Clayton. Compliance with other plans and/or regulations
shall include, but not be limited to, the master plan, overlay district
regulations, urban design district regulations, any other land use
plan or relevant standards and guidelines to the specific site which
have been accepted or adopted by the Board of Aldermen.
[Ord. No. 5814 §1(20.15), 4-27-2004; Ord. No. 6010 §3, 1-22-2008; Ord.
No. 6067 §2, 4-14-2009; Ord. No. 6191 §3, 2-28-2012]
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PERMITTED USES FOR THE "R-7" ZONING DISTRICT
|
"R-7"
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|---|---|
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Accessory buildings and uses customarily incidental to permitted
uses not involving the conduct of business, including a private garage.
|
P
|
|
Amateur radio, home antennas and associated equipment (subject to Article XXVI).
|
P
|
|
Group homes for the physically and/or mentally handicap, provided
that 8 or fewer unrelated persons may reside therein and further provided
that no more than 2 additional persons acting as house parents or
guardians, who need not be related to one another or any of the residents,
may also reside therein, and provided further, however, that the maximum
occupancy limitations for the structure as established by the Property
Maintenance Code and Fire Code, if applicable, adopted by the City
and as amended and in force at the time of approval of occupancy,
may not be exceeded.
No group care home shall be permitted within 500 feet from any
existing group care home.
|
P
|
|
P
| |
|
Parks and playgrounds.
|
P
|
|
Places of religious worship, but no new or enlarged place of
religious worship shall be located upon a lot or tract containing
less than 1 acre. Places of religious worship may be erected to a
height not exceeding 75 feet if the building is set back from each
yard line at least 1 foot for each foot of additional building height
above the height limit otherwise permitted in the district in which
the building is built.
|
P
|
|
Residential — single-family dwelling unit 5,000 square
feet minimum lot area per dwelling unit.
|
P
|
|
Residential — Townhouse dwellings (condominium lots) 1,974 square feet minimum lot area per dwelling unit (subject to Section 405.280).
[Ord. No. 6509, 11-28-2017] |
P
|
|
Residential — Townhouse dwellings (fee simple lots) 1,974 square feet minimum lot area per dwelling unit (subject to Section 405.280).
[Ord. No. 6509, 11-28-2017] |
P
|
|
Residential — Two-family dwellings 2,500 square feet minimum
lot area per dwelling unit.
|
P
|
|
Residential — Multi-family dwellings 750 square feet minimum
lot area per dwelling unit.
|
P
|
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Church spires, belfries, monuments, ornamental towers and spires
and chimneys exceeding the maximum height in the zoning district may
be erected to such height authorized by the Board of Aldermen of the
City by conditional use permit or general ordinance.
|
C
|
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Colleges and universities, provided that buildings shall not
occupy more than 1/3 of the area site and the height, location and
use of such buildings will not have a serious and depreciating effect
on any adjacent residential property. Public buildings, hospitals,
institutions or schools, when permitted in a district, may be erected
to a height not exceeding 110 feet if the building is set back from
each yard line at least 1 foot for each foot of additional building
height above the height limit otherwise permitted in the district
in which the building is built.
|
C
|
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Community buildings, recreation facilities, recreation fields.
|
C
|
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Day care, nursery, pre-kindergarten, play and special schools
and kindergarten.
|
C
|
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Detached multi-unit housing/multiple structures on a single lot (subject to Section 405.290).
|
C
|
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Facilities (subject to Article XXVII)
|
P
|
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Lodge hall or club.
|
C
|
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Parking lots and multi-level parking structures on land not
more than 500 feet walking distance from the boundary of any "C-1"
or "C-2" Commercial District, "HDC" Commercial District or "S-1" Service
District, under such conditions as will properly protect the character
of surrounding property.
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C
|
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Public buildings erected or used by any department of the City,
County, State or Federal Government. Public buildings, hospitals,
institutions or schools, when permitted in a district, may be erected
to a height not exceeding 110 feet if the building is set back from
each yard line at least 1 foot for each foot of additional building
height above the height limit otherwise permitted in the district
in which the building is built.
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C
|
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Restaurants (including carry-out, self-seating and full-service)
and prepared food dispensing.
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C
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Solar energy systems, building-mounted (subject to the provisions of Article XXVIII)
|
P
|
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Solar energy systems, ground-mounted (subject to the provisions of Article XXVIII)
|
C
|
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Wind energy systems, building-mounted (subject to the provisions of Article XXVIII)
|
C
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P = Permitted by right
C = Permitted with conditional use permit
Note: Uses not appearing in this table are prohibited.
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