602.09

The purpose of this district is to provide for high density residential uses and structures and certain commercial uses generally compatible with high density residential development. It is the intent of this Ordinance that these districts be carefully located only in areas where the infrastructure of the City (i.e., the street/highway system, storm drainage and water and sanitary sewer systems) is adequate to serve such higher density housing. 602.09.1 Uses Permitted: The following uses are permitted provided they are established in accordance with the procedures and provisions of this Ordinance: 1. Any and all uses permitted in the R-2 and R-3 Residential District except for PODs. 2. Multi-family buildings seventy-five (75) feet or less in height. 3. Boarding house, transitional housing, hospice, emergency shelter/mission, SRO, and rooming house, but no boarding house, transitional housing hospice, shelter, SRO, or rooming house shall not exceed twelve (12) persons. 4. Bed and Breakfast Inn Class A and B. 5. Personal care facilities which do not exceed twelve (12) residents, excluding staff. 6. Assisted Living Facilities on sites not less than three (3) acres. 609.09.2 Uses Which May Be Permitted as Special Exceptions: Special Exceptions, such as the following non-retail uses, provided they are established in accordance with the procedures and provisions of this Ordinance: Special exceptions as listed in the R-4 Residential District. 602.09.3Uses Which May Be Permitted as Use Permits: 1. Apartment buildings of more than seventy-five (75) feet in height except for lots which abut R-1, R-1 E, R-1A, R-2, or R-3 districts or existing lower density residential uses. 2. Apartment buildings forty-five (45) feet or more in height, the ground floor may be used for any permitted use in the C-2 district. 602.09.4 Regulations: 1. Minimum lot area – Fifteen thousand (15,000) square feet for multi-family dwellings. 2. Minimum lot width - eighty (80) feet measured at front building setback line, except that corner lots shall be a minimum of one hundred (100) feet wide. 3. Minimum front yard depth - fifteen (15) feet, measured from any vehicular use area, except where the building fronts on a dedicated street, the front yard requirement shall be increased to twenty-five (25) feet. 4. Minimum side yard depth - fifteen (15) feet, plus two (2) feet for every fifteen (15) feet in height over forty-five (45) feet. On corner lots, the minimum side yard depth on the street side shall be twenty (20) feet plus two (2) feet for every fifteen (15) feet in height over forty-five (45) feet. However, no multifamily dwelling shall be built closer than twenty-five (25) feet to the side lot line of a lot which is zoned R- 1E, R-1A, or R-1, R-2, or R-3 Residential, or which presently has a detached single- family dwelling located on it. 5. Minimum rear yard depth – twenty-five (25) feet. 6. Maximum height – one-hundred fifty (150) feet. 7. Maximum lot coverage - not regulated. 8. Accessory structures - accessory structures of a type compatible with the surroundings shall be permitted, and when detached from the main building shall be set back a minimum of fifty (50) feet from the front lot line, ten (10) feet from the side lot line, and ten (10) feet from the rear lot line. On corner lots, the accessory structure must be erected on the opposite corner of the lot from the street line. No accessory structure may be used as living quarters. 9. When more than one principal building is located on a parcel, an open space or court between buildings shall be provided as follows: Building Orientation Distance Face to face (A) 25' Face to end (B) 20' Corner to corner 15' End to end 15' 10. Single-Family and Two-Family dwelling regulations shall be the same as the R-2 Residential District. 11. Regulations for Row or Townhouses dwellings shall be the same as set forth in the R-3 Residential District. 12. Regulations for Bed and Breakfast Inns shall be the same as set forth in 602.02.3(3) of the R-1 Residential District 13. All structures and off-street parking and service areas will be separated by a Class C buffer (as stipulated in the Landscape Ordinance) along the side or rear yard of a lot which is zoned R-1, R-1A, R-1E, R-2, or R-3 Residential, or which presently has a detached single-family dwelling located on it. 14. All multi-family dwellings must have direct access to a collector or arterial street as defined by the City of Jackson Traffic Engineering Department. 602.09.4(a) Existing Uses and Structures: On January 5, 2005, any land or structures being used as multi-family within an R-5 District will be a legal conforming use for all purposes of this Ordinance. Further, this provision applies to all plans, construction or designated use any of any building or land which, before January 5, 2005, either (1) the Zoning Administrator has issued a zoning verification letter stating that multifamily are a permitted use; (2) the Owner or other entity with a legal interest in the property has filed for Site Plan Review to construct or has filed for a building permit to improve apartments in an R-5 District; or (3) the owner or an entity with a legal interest in the property has lawfully begun construction of multifamily units.