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Amador City City Zoning Code

CHAPTER 17

12 - R-1 ONE-FAMILY DWELLING ZONE

17.12.010 - Generally.

The following regulations shall apply in the R-1 one-family dwelling zone unless otherwise provided in this title.

(Ord. 55 § 4.00, 1980)

17.12.020 - Uses permitted.

A.

A one-family dwelling;

B.

The accessory buildings necessary to such use located on the same lot or parcel of land including a private garage;

C.

Maintaining mail address for commercial, professional, and business license purposes only, provided no stock in trade, supplies, professional equipment, apparatus, or business equipment are kept on the premises, and provided that no employees or assistants are engaged for such services on the premises;

D.

Private greenhouses and horticultural collections, flower and vegetable gardens, fruit trees.

(Ord. 55 § 4.01, 1980)

17.12.021 - Second dwelling units.

A.

Second Dwelling Units Exclusively for Senior Citizens. Upon approval of a conditional use permit, the city council may approve a second attached or detached dwelling unit to be used exclusively for senior citizens, for construction on any lot in the R-1 zoning district, provided that the required use permit findings are made, and that the following standards are met:

1.

That the second dwelling unit shall not exceed six hundred (600) square feet in size. The unit may be constructed as an integral, attached part of the main dwelling unit in such a manner that the entire structure maintains the general appearance of a single-family dwelling or it may be a separate detached dwelling unit.

2.

That the lot area on which the second dwelling unit is constructed is not less than twelve thousand (12,000) square feet and that street access and off-street parking is sufficient to accommodate the use.

3.

That the unit will only be occupied by a person or persons sixty-two (62) years or age or older. The city may require the property owner to present evidence at any time regarding the age of the occupant.

4.

The city may attach any conditions deemed necessary to provide for the use and neighborhood compatibility. Prior to the issuance of a building permit, all fees applicable to new dwelling units shall be paid to the city.

5.

One additional off-street parking space shall be required in addition to the one space required for the main dwelling unit.

B.

Second Dwelling Units—Splitable Lots. A detached second unit on a splitable lot shall not be permitted unless the following criteria are met.

1.

That the lot has sufficient size and frontage to allow the property to be divided in the future through the parcel map or final map process into two lots meeting the minimum development and minimum access standards of the zoning district. The new proposed dwelling unit shall be sited in a way to allow for a future land division honoring the setbacks of the base district.

2.

Conditions shall be attached to any such 2nd unit permit approval to provide for separation of utilities and access, so that the second dwelling unit may be separated in the future for purposes of sale, lease or finance. Separate 3/4″ water meter (or current Water Agency Requirements) with adequate pressure, a separate sewer connection and a separate building access shall be required prior to construction.

3.

Prior to the issuance of a building permit, all fees applicable to single-family dwelling construction, including connection, park, impact and recreation fees shall be paid to the city.

4.

One off street parking space shall be provided for the second dwelling unit.

5.

One of the units on the property must be occupied by the property owner at all times. Upon approval of the 2nd unit permit, there is no age limit on the occupants of either unit. The city shall require the property owner, prior to the issuance of a building permit for the new construction, to file an advisory deed restriction outlining the owner occupancy requirement. The purpose of the deed restriction is to create a perpetual notice to the new purchases of the land of the owner occupancy requirement (and prohibit creation of a duplex).

6.

A second detached unit including any garage shall not be less than three hundred (300) square feet and not exceed eight hundred (800) square feet in size.

7.

All other standards of this chapter shall apply. This section may not be required to come under ministerial permits since we provide for second units on standard lots in Chapter 17.16.

8.

A detached second unit must also obtain an architectural or design review permit.

C.

Second Dwelling Units—Pre 2003 homes (Attached Units Only). A second unit within a single family home in an R-1 or R-2 zone built prior to 2003 and new construction on lots existing prior to 2003 shall not be permitted unless the following criteria are met.

1.

The lot contains at least the minimum lot size currently required by the base-zoning district.

2.

Prior to the issuance of a building permit, all fees applicable to duplex dwelling construction, including impact, connection, park and recreation fees, shall be paid to the city.

3.

One off street parking space shall be available for the existing unit and one off street parking space shall be provided for the second dwelling unit. The city shall require that the parking area be surfaced with paving of pervious materials (not gravel) and that no street parking or sidewalk access will be lost or obstructed. Front yard landscaping shall not be converted to parking. Landscaping shall screen views from the street and neighboring homes to newly surfaced areas.

4.

The second dwelling unit shall be not less than three hundred (300) square feet or more than six hundred (600) square feet in size. The unit shall be constructed within the existing footprint of the dwelling unit. Conversion of garages and accessory buildings is not permitted. Second unit entrances shall be hidden from view from the street and shall be screened from neighboring properties.

5.

One of the units on the property must be occupied by the property owner at all times. Upon approval of the 2nd unit permit, there is no age limit on the occupants of either unit. The city shall require the property owner prior to the issuance of a building permit for the new construction, to file an advisory deed restriction outlining the owner occupancy requirement. The purpose of the deed restriction is to create a perpetual notice to new purchasers of the land of the owner occupancy requirement.

6.

The materials, colors and architecture shall match those of the main home. Any lighting shall not spill over on to neighboring lots.

7.

The second unit must meet all building and fire codes.

8.

The lot coverage shall not exceed thirty-five (35) percent of the lot area.

9.

All other R-1 Single family requirements shall apply. When numerical limits exist, the same limits remain for both primary and second units combined and are not increased.

10.

Administrative second unit permits shall be reviewed by a committee consisting of the city planner, city engineer and city clerk at a publicly noticed administrative review meeting. The city shall notify property owners of record within three hundred (300) feet of the meeting date and place. Appeal shall be to the city council. The appeal must be in writing and filed with the city clerk within ten (10) days after the committee's decision.

11.

Severability clause: If any portion of this chapter is determined to legally unenforceable, all other portions shall remain in effect.

D.

Post—2002 Constructed Single family Homes in R-1 and R-2 Zones. (Home constructed after January 1, 2003). All conditions of subsection 17.20.021(C) shall apply except that subsection 17.20.021(C)(4) shall be replaced by:

The 2nd dwelling unit shall not be less than three hundred (300) square feet or more than six hundred (600) square feet. The unit may be within the primary home, detached or above a garage. However, conversion of garages and accessory buildings is not permitted. Second unit entrances shall be hidden from view from the street and shall be screened from neighboring properties.

In adopting subsections 17.20.021(B), (C), and (D), the city recognizes that the approval of second dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan as allowed under State Planning and Zoning law applicable to second dwelling units, and that the amendment furthers the goals, objectives and policies of the general plan housing element.

E.

Guest Houses. "Guest Houses" means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guest of the occupants of the premises; such quarters may have a bath and toilet facilities, but no kitchen facilities and not be rented or otherwise used as a separate dwelling. Guest houses must be less than three hundred (300) square feet in area. All other detached building with toilet facilities on a lot with an approved guest house are considered 2nd units and must meet the requirements of this chapter.

(Ord. 155 § 1, 2003: Ord. 153 § 1, 2003)

17.12.030 - Agricultural uses.

Subject to the applicable provisions of any other law or ordinance, general agricultural and horticultural uses, including the raising of poultry or small animals on a commercial basis, general animal husbandry, dairying and uses customarily incident thereto, but excluding the raising of hogs, shall be permitted on parcels in the R-1 zone, which exceed one acre in area, provided that on parcels of less than three acres in area the raising and keeping of animals for commercial purposes shall be subject to a use permit in each case.

(Ord. 55 § 5, 1980)

17.12.040 - Building height.

Two and one-half stories and not to exceed thirty (30) feet.

(Ord. 55 § 4.02, 1980)

17.12.050 - Front yard.

There shall be front yard of not less than twenty (20) feet except where lots comprising forty (40) percent or more of the frontage of on its side of the street between intersecting streets and developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front yardline so established.

In determining such front yard depth, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be counted, nor shall buildings built before 1945.

(Ord. 78, 1987: Ord. 55 § 4.03, 1980)

17.12.060 - Side yard.

There shall be a side yard on each side of a main building of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than twelve (12) feet.

(Ord. 55 § 4.04, 1980)

17.12.070 - Rear yard.

There shall be a rear yard behind every main building of not less than ten (10) feet.

(Ord. 55 § 4.05, 1980)

17.12.080 - Area requirements.

The length of a lot shall not exceed four times the width. The minimum lot area shall be not less than seven thousand (7,000) square feet per dwelling unit, provided, however, that when a lot has less than five thousand (5,000) square feet and was recorded at the time of the passage of the ordinance codified in this title, the lot may be occupied by not more than one dwelling unit.

For residential buildings the minimum floor area exclusive of open porches and garages, shall be not less than seven hundred fifty (750) square feet.

Maximum lot coverage shall be thirty-five (35) percent.

No flagpole or panhandle lots shall be created.

(Ord. 158 (part), 2004; Ord. 99 § 5, 1991; Ord. 77 § 1, 1987; Ord. 55 § 4.06, 1980)

17.12.081 - Street frontage required.

Except as permitted by other provisions of this title, no lot shall contain any building used in whole or in part for residential purposes, unless such lot abuts for a least seventy-five (75) feet on a street except that where cul-de-sacs are approved, the minimum of any lot abutting on such cul-de-sac shall be fifty-five (55) feet. Existing lots of record which abut on a street for less than seventy-five (75) feet are exempt from the forgoing requirement.

(Ord. 158 (part), 2004)

17.12.090 - Distance between buildings on the same lot.

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building.

There shall be a minimum distance of six feet between accessory buildings.

(Ord. 55 § 4.07, 1980)