Zoneomics Logo
search icon

Arnold City Zoning Code

SECTION 405

110 Residential Districts.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A. 
"R-1" Residence District.
1. 
The "R-1" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-1" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.
a. 
Permitted Land Uses And Developments.
(1) 
Farming, including the cultivation and sale of any plant crops.
(2) 
Forests and wildlife reservations, and conservation projects.
(3) 
Single-family dwellings.
(4) 
Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.
(5) 
Churches.
(6) 
Public or private kindergarten, elementary, secondary, and collegiate schools.
(7) 
Deleted.
(8) 
Public and private not-for-profit parks, parkways, and playgrounds.
(9) 
Dormitories or group living facilities for religious, educational or charitable purposes.
(10) 
Golf courses, including practice driving tees on the same premises, not including miniature courses.
(11) 
Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.
(12) 
Home occupations.
(13) 
Deleted.
(14) 
Fire stations.
(15) 
Municipal buildings.
(16) 
Public or private not-for-profit libraries.
(17) 
Accessory buildings, land uses and activities customarily incident to any of the above uses.
b. 
Conditional land use and development permits issued by the Planning Commission, which may be permitted under the conditions and requirements in Section 405.080 of this Chapter.
(1) 
All public utilities.
(2) 
Salesrooms for commercial gardens, plant nurseries and greenhouses.
(3) 
Deleted.
(4) 
Nursing homes.
(5) 
Not-for-profit private clubs and recreational land uses, including community centers.
(6) 
Dairy farms.
(7) 
Riding stables and kennels.
(8) 
Retreats owned and operated by religious, educational, or other not-for-profit establishments.
(9) 
Cemeteries and mausoleums, including mortuaries, operated in conjunction therewith.
(10) 
Sewage treatment facilities.
(11) 
Hospitals.
(12) 
Foster homes for handicapped children.
(13) 
Specialized private schools.
(14) 
Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.
(15) 
Sheltered workshops.
(16) 
Dormitory or group living facilities for religious, educational or charitable purposes.
(17) 
In-home day care.
(18) 
Nursery schools and day nurseries.
(19) 
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c. 
Height Limitations For Structures.
(1) 
No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.
(2) 
No structure, other than a radio, television, public utility or communication tower, shall exceed fifty (50) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).
d. 
Lot Dimension, Lot Area, And Yard Requirements.
(1) 
Dwellings shall be situated on tracts of land providing at least one (1) acre of lot area for each dwelling unit.
(2) 
Riding stables shall be situated on tracts of land providing at least fifteen (15) acres of lot area for each such operation.
(3) 
Kennels shall be situated on tracts of land providing at least three (3) acres of lot area.
(4) 
Fire stations shall be situated on tracts of land of at least one (1) acre.
(5) 
Schools shall be situated on tracts of land providing areas not less than as set out in the following table:
Type of School
Minimum Acreage
Nursery or day nursery
1 acre
Kindergarten (separate)
3 acres
Primary
5 acres
Junior High
10 acres
Senior High
20 acres
Collegiate
10 acres
(6) 
Public or private not-for-profit libraries shall be situated on tracts of land providing at least three (3) acres.
(7) 
Cemeteries shall be situated on tracts of land providing at least fifteen (15) acres.
(8) 
All other land uses permitted in this district except local public utility facilities shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by context of these regulations.
(9) 
Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster home for handicapped children, not-for-profit private clubs and recreational land uses, and community centers on tracts of land less than five (5) acres where developments and uses contemplated are deemed consistent with good planning practice, can be operated in a manner that is not detrimental to the permitted developments and uses of the district, can be developed and operated in a manner that is visually compatible with the permitted uses of the surrounding area, are deemed essential or desirable to preserve and promote public health, safety, and general welfare of the City, and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.
(10) 
No structure other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within thirty (30) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
(11) 
No structure shall be erected within fifteen (15) feet of any property line; except this requirement shall not apply to any boundary wall or fence less than six (6) feet in height. Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back at least one (1) additional foot from all property lines for every foot of height above thirty (30) feet.
(12) 
Specialized private schools may be permitted in this district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line of this district.
(13) 
Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.
(14) 
Deleted.
e. 
Off-Street Parking And Loading Requirements.
(1) 
Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.
(2) 
Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for the purposes of calculating the number of secondary school pupils to whom this criteria refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.
(3) 
Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking available on park roads and private drives may be used to fulfill this requirement.
(4) 
All other permitted and conditional uses must provide adequate parking for employees', customers', and visitors' motor vehicles as to assure no such vehicle need be parked on any street except as specifically provided for in this Subsection.
(5) 
Riding stables, kennels, nursing homes, public utility facilities, salesrooms for commercial gardens, nurseries, greenhouses, retreats, not-for-profit swimming pools, clubs, recreational and community centers shall provide sufficient parking spaces for employees' and visitors' motor vehicles as to assure that no such vehicle need be parked on any street.
(6) 
Hospitals shall have parking spaces provide on the basis of two and one-half (2.5) parking spaces for each bed in the hospital.
(7) 
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.
(8) 
Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place as accessory to a library.
(9) 
Parking areas, including driveways, shall, in this district, be paved.
(10) 
Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre plus two (2) parking spaces per greenhouse.
(11) 
Carports or other unenclosed covered structures typically used to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f. 
Deleted.
g. 
Deleted.
h. 
In-home day cares shall contain no more than four (4) unrelated children.
(1) 
"Related" is defined as any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.
(2) 
Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.
B. 
"R-2" Residence District.
1. 
The "R-2" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-2" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.
a. 
Permitted Land Uses And Developments.
(1) 
Farming, including the cultivation and sale of any plant crops.
(2) 
Forest and wildlife refuges, and conservation projects.
(3) 
Single-family dwellings.
(4) 
Churches.
(5) 
Public or private kindergarten, elementary, secondary, and collegiate schools.
(6) 
Deleted.
(7) 
Public and private not-for-profit parks, parkways, and playgrounds.
(8) 
Golf courses, including practice driving tees on the same premises, not including miniature courses.
(9) 
Home occupations.
(10) 
Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.
(11) 
Deleted.
(12) 
Fire stations.
(13) 
Public or private not-for-profit libraries.
(14) 
Municipal buildings.
(15) 
Accessory buildings, land uses and activities customarily incident to any of the above uses.
(16) 
Dormitories or group living facilities for religious, educational or charitable purposes.
(17) 
Commercial vegetable and flower gardening, plant nurseries and green houses, not including any structure used as a salesroom.
b. 
Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1) 
Nursing homes.
(2) 
All public utility facilities.
(3) 
Not-for-profit private clubs and recreational land uses, including community centers.
(4) 
Retreats owned and operated by religious, educational, or other not-for-profit establishments.
(5) 
Sewage treatment facilities.
(6) 
Hospitals.
(7) 
Foster homes for handicapped children.
(8) 
Specialized private schools.
(9) 
Sales rooms for commercial gardens, plant nurseries and greenhouses.
(10) 
Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.
(11) 
Sheltered workshops.
(12) 
Deleted.
(13) 
In-home day care.
(14) 
Nursery schools and day nurseries.
(15) 
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c. 
Height Limitations For Structures.
(1) 
No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.
(2) 
Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).
d. 
Lot Dimension, Lot Area, And Yard Requirements.
(1) 
Dwellings shall be situated on tracts of land providing at least twenty-one thousand seven hundred eighty (21,780) square feet of lot area for each dwelling unit.
(2) 
Deleted.
(3) 
Fire stations shall be situated on tracts of land of at least one (1) acre.
(4) 
Schools shall be situated on tracts of land providing areas not less than as set out in the following table:
Type of School
Minimum Acreage
Nursery or day nursery
1/2 acre
Kindergarten (separate)
1 acre
Primary
5 acres
Junior High
10 acres
Senior High
20 acres
Collegiate
10 acres
(5) 
Public or private not-for-profit libraries shall be situated on tracts of at least one (1) acre.
(6) 
All other land uses permitted in this district except local public utility facilities shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by the context of these regulations.
(7) 
Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than five (5) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.
(8) 
No structure other than a permitted directional or information sign, or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty-five (25) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
(9) 
No structure shall be erected within ten (10) feet of any side property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height; and except further that wherever a lot of record existing on the effective date of this Chapter has a width sixty (60) feet or less, the side yard on each side of any building erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
(10) 
No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.
(11) 
Any non-residential structure permitted in this district, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
(12) 
In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction, is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.
(13) 
Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.
(14) 
Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.
(15) 
Deleted.
e. 
Off-Street Parking And Loading Requirements.
(1) 
Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.
(2) 
Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) additional space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for the purposes of calculating the number of secondary school pupils to whom this criteria refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.
(3) 
Parks and golf courses shall provide parking area equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking area available on park roads or private drives may be used to fulfill this requirement.
(4) 
Nursing homes, public utility facilities, swimming pools, clubs, recreational and community center, and retreats shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.
(5) 
Hospitals shall have parking spaces provided on the basis of two and one-half (2.5) parking spaces for each bed in the hospital.
(6) 
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.
(7) 
Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.
(8) 
Parking areas, including driveways, shall, in this district, be paved.
(9) 
Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre plus two (2) parking spaces per greenhouse.
(10) 
Carports or other unenclosed covered structures typically used to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f. 
Deleted.
g. 
Deleted.
h. 
In-home day cares shall contain no more than four (4) unrelated children.
(1) 
"Related" is defined as any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.
(2) 
Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.
C. 
"R-3" Residence District.
1. 
The "R-3" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-3" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.
a. 
Permitted Land Uses And Developments.
(1) 
Farming.
(2) 
Forests.
(3) 
Single-family dwellings.
(4) 
Churches.
(5) 
Public or private kindergarten, elementary, secondary, and collegiate schools.
(6) 
Deleted.
(7) 
Public and private not-for-profit parks, parkways, and playgrounds.
(8) 
Golf courses, including practice driving tees on the same premises, not including miniature courses.
(9) 
Home occupations.
(10) 
Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.
(11) 
Deleted.
(12) 
Fire stations.
(13) 
Public or private not-for-profit libraries.
(14) 
Municipal buildings.
(15) 
Accessory buildings.
(16) 
Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.
b. 
Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1) 
Two-family dwellings containing fifteen hundred (1,500) square feet minimum in each dwelling unit.
(2) 
Nursing homes.
(3) 
All public utility facilities.
(4) 
Not-for-profit private clubs and recreational land uses, including community centers.
(5) 
Retreats owned and operated by religious, educational, or other not-for-profit establishments.
(6) 
Sewage treatment facilities.
(7) 
Hospitals.
(8) 
Foster homes for handicapped children.
(9) 
Specialized private schools.
(10) 
Dormitories or group living facilities for religious, educational or charitable purposes.
(11) 
Salesrooms for commercial gardens, plant nurseries and greenhouses.
(12) 
Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.
(13) 
Sheltered workshops.
(14) 
Deleted.
(15) 
In-home day care.
(16) 
Nursery schools and day nurseries.
(17) 
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c. 
Height Limitations For Structures.
(1) 
No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.
(2) 
Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of such structures; except that the height of structures may be further restricted as provided in Section 405.050(B).
d. 
Lot Dimension, Lot Area, And Yard Requirements.
(1) 
Dwellings shall be situated on tracts of land providing at least fifteen thousand (15,000) square feet of lot area for each dwelling unit.
(2) 
Two-family dwellings shall be situated on tracts of land providing at least fifteen thousand (15,000) square feet of lot area.
(3) 
Schools shall be situated on tracts of land providing areas not less than as set out in the following table:
Type of School
Minimum Acreage
Nursery or day nursery
21,780 square feet
Kindergarten (separate)
1 acre
Primary
5 acres
Junior High
10 acres
Senior High
20 acres
Collegiate
10 acres
(4) 
Deleted.
(5) 
Fire stations shall be situated on tracts of land at least one (1) acre in area.
(6) 
Public or private not-for-profit libraries shall be situated on tracts of at least one (1) acre.
(7) 
All other land uses permitted in this district, except local public utility facilities, shall be situated or conducted on tracts of land at least five (5) acres in area; except as may be clearly indicated otherwise by the context of these regulations.
(8) 
Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than five (5) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote public health, safety, and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for the said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.
(9) 
No structure or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty-five (25) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
(10) 
No structure shall be erected within eight (8) feet of any side property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height; and except further that wherever a lot of record existing on the effective date of this Chapter has a width sixty (60) feet or less, the side yard on each side of any building erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
(11) 
No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.
(12) 
Any non-residential structure permitted in this district, other than a public utility tower authorized by a conditional use permit, which exceed thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
(13) 
In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction, is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.
(14) 
Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for every fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.
(15) 
Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.
(16) 
Deleted.
e. 
Off-Street Parking And Loading Requirements.
(1) 
Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.
(2) 
Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for purposes of calculating the number of secondary school pupils to whom this criteria refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.
(3) 
Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking area available on park roads or private drives may be used to fulfill this requirement.
(4) 
Nursing homes, public utility facilities, swimming pools, clubs, recreational and community centers, and retreats shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicle need be parked on any street.
(5) 
Hospital shall provide not less than two and one-half (2.5) parking spaces for each bed in the hospital.
(6) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (C)(1)(e)(6) was repealed 7-21-2022 by Ord. No. 7.49 (Bill No. 2830).
(7) 
Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.
(8) 
Parking areas, including driveways, shall, in this district, be paved.
(9) 
Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre plus two (2) parking spaces per greenhouse.
(10) 
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.
(11) 
Two-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit, plus one (1) guest space for every two (2) dwelling units.
(12) 
Carports or other unenclosed covered structures typically used to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f. 
Deleted.
g. 
Deleted.
h. 
In-home day cares shall contain no more than four (4) unrelated children.
(1) 
"Related" is defined as any of the following relationships, by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.
(2) 
Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.
D. 
"R-4" Residence District.
1. 
The "R-4" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, existing developments, hydrology, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains district regulations of the "R-4" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.
a. 
Permitted Land Uses And Developments.
(1) 
Farming.
(2) 
Forests.
(3) 
Single-family dwellings.
(4) 
Churches.
(5) 
Public or private kindergarten, elementary, secondary and collegiate schools.
(6) 
Deleted.
(7) 
Public and private not-for-profit parks, parkways, and playgrounds.
(8) 
Home occupations.
(9) 
Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.
(10) 
Fire stations.
(11) 
Public or private not-for-profit libraries.
(12) 
Municipal buildings.
(13) 
Accessory buildings.
(14) 
Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.
b. 
Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1) 
Two-family dwellings.
(2) 
Three-family dwellings.
(3) 
Four-family dwellings.
(4) 
Nursing homes.
(5) 
All public utility facilities.
(6) 
Not-for-profit private clubs and recreational land uses, including community centers.
(7) 
Golf courses, including practice driving tees on the same premises, not including miniature courses.
(8) 
Retreats owned and operated by religious, educational, or other not-for-profit establishments.
(9) 
Sewage treatment facilities.
(10) 
Hospitals.
(11) 
Foster homes for handicapped children.
(12) 
Specialized private schools.
(13) 
Dormitory or group living facilities for religious, educational or charitable purposes.
(14) 
Salesrooms for commercial gardens, plant nurseries and greenhouses.
(15) 
Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.
(16) 
Sheltered workshops.
(17) 
In-home day care.
(18) 
Nursery schools and day nurseries.
(19) 
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c. 
Height Limitations For Structures.
(1) 
No dwelling structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.
(2) 
Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).
d. 
Lot Dimension, Lot Area, And Yard Requirements.
(1) 
Dwellings shall be situated on tracts of land providing at least ten thousand (10,000) square feet of lot area for each dwelling unit.
(2) 
Two-family dwellings shall be situated on tracts of land providing at least ten thousand (10,000) square feet of lot area.
(3) 
Three-family dwellings shall be situated on tracts of land providing at least twelve thousand (12,000) square feet of lot area.
(4) 
Four-family dwellings shall be situated on tracts of land providing at least sixteen thousand (16,000) square feet of lot area.
(5) 
Schools shall be situated on tracts of land providing areas not less than as set out in the following table:
Type of School
Minimum Acreage
Nursery or day nursery
21,780 square feet
Kindergarten (separate)
1 acre
Primary
5 acres
Junior High
10 acres
Senior High
20 acres
Collegiate
10 acres
(6) 
Deleted.
(7) 
Fire stations shall be situated on tracts of land at least one (1) acre in area.
(8) 
Nursing homes shall be situated on tracts of land at least three (3) acres in area.
(9) 
Public or private not-for-profit libraries shall be situated on tracts of at least one (1) acre.
(10) 
All other land uses permitted in this district, except local public utility facilities, shall be situated or conducted on tracts of land at least five (5) acres in area; except as may be clearly indicated otherwise by the context of these regulations.
(11) 
Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than five (5) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional uses shall not be less than the minimum tract area for dwelling units permitted in this district.
(12) 
No structure or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty-five (25) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
(13) 
No structure shall be erected within eight (8) feet of any side property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height; and except further that wherever a lot of record existing on the effective date of this Chapter has a width sixty (60) feet or less, the side yard on each side of any building erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
(14) 
No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.
(15) 
Any non-residential structure permitted in this district, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
(16) 
In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction, is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.
(17) 
Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.
(18) 
Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.
(19) 
Notwithstanding any other provision of this Code, two-family, three-family and four-family dwellings shall not be permitted within a development approved as a development for single-family dwellings.
e. 
Off-Street Parking And Loading Requirements.
(1) 
Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.
(2) 
Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for purposes of calculating the number of secondary school pupils to whom this criterion refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.
(3) 
Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking area available on park roads or private drives may be used to fulfill this requirement.
(4) 
Nursing homes, public utility facilities, swimming pools, clubs, recreational and community centers, and retreats shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.
(5) 
Hospitals shall provide not less than two and one-half (2.5) parking spaces for each bed in the hospital.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection (D)(1)(e)(6) was repealed 7-21-2022 by Ord. No. 7.49 (Bill No. 2830).
(7) 
Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.
(8) 
Parking areas, including driveways, shall, in this district, be paved.
(9) 
Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre plus two (2) parking spaces per greenhouse.
(10) 
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.
(11) 
Two-Family, Three-Family, And Four-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit, plus one (1) guest space for every two (2) dwelling units.
(12) 
Carports or other unenclosed covered structures typically used to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f. 
In-home day cares shall contain no more than four (4) unrelated children.
(1) 
"Related" is defined as any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.
(2) 
Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.
E. 
"R-5" Residence District.
1. 
The "R-5" Residence District is designed to encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-5" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Subsection by reference.
a. 
Permitted Land Uses And Developments.
(1) 
Farming.
(2) 
Forests.
(3) 
Single-family dwellings.
(4) 
Churches.
(5) 
Public or private not-for-profit libraries.
(6) 
Public or private kindergarten, elementary, secondary and collegiate schools.
(7) 
Deleted.
(8) 
Public and private not-for-profit parks, parkways, and playgrounds.
(9) 
Home occupations.
(10) 
Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building or installation permit shall be issued until said plans have been approved by the Planning Commission.
(11) 
Fire stations.
(12) 
Municipal buildings.
(13) 
Accessory buildings.
(14) 
Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.
b. 
Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1) 
Two-family dwellings.
(2) 
Three-family dwellings.
(3) 
Four-family dwellings.
(4) 
All public utility facilities.
(5) 
Not-for-profit private clubs and recreational land uses, including community centers.
(6) 
Nursing homes.
(7) 
Retreats owned and operated by religious, educational, or other not-for-profit establishments.
(8) 
Hospitals.
(9) 
Golf courses, but not including miniature courses.
(10) 
Dormitory or group living facilities for religious, educational or charitable purposes.
(11) 
Sewage treatment facilities.
(12) 
Foster homes for handicapped children.
(13) 
Specialized private schools.
(14) 
Salesrooms for commercial gardens, plant nurseries and greenhouses.
(15) 
Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.
(16) 
Sheltered workshops.
(17) 
In-home day care.
(18) 
Nursery schools and day nurseries.
(19) 
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c. 
Height Limitations For Structures.
(1) 
No dwelling structure shall exceed two and one-half (2 1/2) stories in height, including any basement dwelling space, or thirty-five (35) feet in height.
(2) 
Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of the such structure; except that the height of the structure may be further restricted as provided in Section 405.050(B).
d. 
Lot Dimension, Lot Area, And Yard Requirements.
(1) 
Detached single-family dwellings shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area.
(2) 
Two-family dwellings shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area.
(3) 
Three-family dwellings shall be situated on tracts of land at least twelve thousand (12,000) square feet of lot area.
(4) 
Four-family dwellings shall be situated on tracts of land providing at least sixteen thousand (16,000) square feet of lot area.
(5) 
Schools shall be situated on tracts of land providing areas not less than as set out in the following table:
Type of School
Minimum Acreage
Nursery or day nursery
21,780 square feet
Kindergarten (separate)
1 acres
Primary
5 acres
Junior High
10 acres
Senior High
20 acres
Collegiate
10 acres
(6) 
Deleted.
(7) 
Nursing homes shall be situated on tracts of land at least two (2) acres in area.
(8) 
Fire stations shall be situated on tracts of land at least one (1) acre in area.
(9) 
Hospitals shall be situated on tracts of land at least five (5) acres in area.
(10) 
Libraries shall be situated on tracts of land at least one (1) acre in area.
(11) 
All other land uses permitted in this district, except local public utility facilities, shall be situated or conducted on tracts of land at least three (3) acres in area unless the context of these regulations clearly indicates otherwise.
(12) 
Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least three (3) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than three (3) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to promote and preserve the public health, safety and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.
(13) 
No structure or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty-five (25) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
(14) 
No structure shall be erected within eight (8) feet of any side property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height; and except further that wherever a lot of record existing on the effective date of this Chapter, has a width sixty (60) feet or less, the side yard on each side of any building erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall such yard be less than five (5) feet in width.
(15) 
No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary walls or fence less than six (6) feet in height.
(16) 
Any non-residential structure permitted in this district, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
(17) 
In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.
(18) 
No wall of any separate (detached) structure shall be located closer to any wall of another separate structure than as set out in the following table:
Walls
Front
Side
Rear
Walls of Detached Accessory Buildings
Front
50' plus additional 10' for each building over 2 stories
30' except 20' if side wall has no windows
100'
30'
Side
30' except 20' if side wall has no windows
20'
30'
10'
Rear
100'
30'
30'
20'
Except that any dimension given in the preceding table shall include the side yard required for a single-family dwelling, stated in Subsection (E)(1)(d)(14) preceding, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.
(19) 
Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property lines in each given residential district.
(20) 
Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.
(21) 
Any part of a lot area not used for buildings or other structures or for parking, loading or accessways shall be landscaped with grass, ground cover, trees, shrubs and pedestrian walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees:
2 inches
Minimum height for coniferous trees:
6 feet
Tree mix:
Maximum of 40% of one species
Distribution:
1 tree per 10 parking spaces with 75% of those trees within the parking area
1 foundation plant (shrub or bush) per 20 feet of street exposed wall area
(22) 
Notwithstanding any other provision of this Code, two-family, three-family and four-family dwellings shall not be permitted within a development approved as a development for single-family dwellings.
e. 
Off-Street Parking And Loading Requirements.
(1) 
Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.
(2) 
Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for purposes of calculating the number of secondary school pupils to whom the criterion refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.
(3) 
Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course; except that parking area available on park roads or private drives may be used to fulfill this requirement.
(4) 
Hospitals shall have parking area provided on a basis of two and one-half (2.5) parking spaces for each bed in the hospital.
(5) 
Nursing homes, public utility facilities, pools, clubs, recreational and community centers library, mortuaries, floor dormitories, and group living arrangements, fire stations and retreats shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.
(6) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection (E)(1)(e)(6) was repealed 7-21-2022 by Ord. No. 7.49 (Bill No. 2830).
(7) 
Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.
(8) 
Parking areas, including driveways, shall, in this district, be paved.
(9) 
Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre and two (2) parking spaces per greenhouse.
(10) 
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.
(11) 
Two-Family, Three-Family, And Four-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit, plus one (1) guest space for every two (2) dwelling units.
(12) 
Carports or other unenclosed covered structures typically used to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f. 
In-home day cares shall contain no more than four (4) unrelated children.
(1) 
"Related" is defined as any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.
(2) 
Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.
F. 
"R-6" Residence District.
1. 
The "R-6" Residence District is designed to blend and encourage the creation and maintenance of stable and enduring residential neighborhoods by establishing limitations on the use and character of development of land so as to take advantage of, and avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community. This Subsection contains the district regulations of the "R-6" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, which are incorporated as part of this Subsection by reference.
a. 
Permitted Land Uses And Developments.
(1) 
Farming.
(2) 
Forests.
(3) 
Single-family dwellings.
(4) 
Two-family dwellings.
(5) 
Churches.
(6) 
Public or private kindergarten, elementary, secondary, and collegiate schools.
(7) 
Deleted.
(8) 
Public and private not-for-profit parks, parkways and playgrounds.
(9) 
Private not-for-profit libraries.
(10) 
Home occupations.
(11) 
Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing or walls, or any combination thereof, or shall be placed underground, or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening said facilities shall be submitted to the Planning Commission for review. No building permit or installation permit shall be issued until said plans have been approved by the Planning Commission.
(12) 
Fire stations.
(13) 
Municipal and governmental agency buildings.
(14) 
Accessory buildings.
(15) 
The following commercial uses when located within a multiple-family structure; provided these occupy no more than five percent (5%) of the gross floor area of the structure, or if provided in a single structure of a multi-public structure development under single ownership, no more than five percent (5%) of the total gross floor area of the multiple-family structures within the development; and no displays are visible from the outside of the structure:
(a) 
Food or drug store.
(b) 
Barber or beauty shop.
(c) 
Laundry or dry cleaning pickup station or self-service laundry or dry cleaning facility.
(d) 
Restaurant.
(e) 
Cigar or newspaper stand.
(f) 
Financial institution.
(g) 
Pharmacy.
(16) 
Commercial vegetable and flower gardening, plant nurseries and greenhouses, not including any structure used as a salesroom.
b. 
Conditional land uses and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1) 
Three-family dwellings.
(2) 
Four-family dwellings.
(3) 
Multi-family dwellings.
(4) 
All public utility facilities.
(5) 
Not-for-profit private clubs and recreation land uses, including community centers.
(6) 
Nursing homes.
(7) 
Lodging Establishments, including customary services for guests.
(8) 
Hospitals.
(9) 
Golf courses, but not including miniature courses.
(10) 
Retreats.
(11) 
Dormitory or group living facilities for religious, educational, or charitable purposes.
(12) 
Sewage treatment facilities.
(13) 
Foster homes for handicapped children.
(14) 
Specialized private schools.
(15) 
Salesrooms for commercial gardens, plant nurseries and greenhouses.
(16) 
Temporary commercial activities of community-oriented, not-for-profit, and fraternal organizations.
(17) 
Sheltered workshops.
(18) 
In-home day care.
(19) 
Nursery schools and day nurseries.
(20) 
Clinic (max. 5% of the gross floor area of the structure).
(21) 
Outdoor activities.
(22) 
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c. 
Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure, other than a public utility tower authorized by a conditional use permit, shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of the such structure.
d. 
Lot Dimension, Lot Area, And Yard Requirements.
(1) 
Detached single-family dwellings shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area.
(2) 
Two-family dwellings shall be situated on tracts of land providing at least eight thousand (8,000) square feet of lot area.
(3) 
Three-family dwellings shall be situated on tracts of land providing at least twelve thousand (12,000) square feet of lot area.
(4) 
Four-family dwellings shall be situated on tracts of land providing at least sixteen thousand (16,000) square feet of lot area.
(5) 
Multiple-family dwellings shall be situated on tracts of land providing at least two thousand (2,000) square feet of lot area for each dwelling unit.
(6) 
Schools shall be situated on tracts of land providing areas not less than as set out in the following table:
Type of School
Minimum Acreage
Nursery or day nursery
21,780 square feet
Kindergarten (separate)
1 acre
Primary
5 acres
Junior High
10 acres
Senior High
20 acres
Collegiate
10 acres
(7) 
Deleted.
(8) 
Hospitals shall be situated on tracts of land at least five (5) acres in area.
(9) 
Fire stations shall be situated on tracts of land at least one (1) acre in area.
(10) 
Libraries shall be situated on tracts of land at least one (1) acre in area.
(11) 
Nursing homes shall be situated on tracts of land at least two (2) acres in area.
(12) 
All other land uses permitted in this district, except local public utility facilities, shall be situated or conducted on tracts of land at least three (3) acres in area unless the context of these regulations clearly indicates otherwise.
(13) 
Except as otherwise provided in this Subsection, all conditional land uses in this district shall be situated or conducted on tracts of land at least three (3) acres in area, provided, however, that the Planning Commission, when approving a conditional use permit for foster homes for handicapped children, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, not-for-profit clubs and recreational land uses, including community centers, on tracts of land less than three (3) acres where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of Arnold; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. Provided, however, that the minimum tract area for said conditional developments and uses shall not be less than the minimum tract area for dwelling units permitted in this district.
(14) 
No structure or boundary walls or fences, higher than six (6) feet in height, shall be erected within twenty-five (25) feet of any roadway right-of-way line or road easement. In the case of corner lots, no structure exceeding thirty-six (36) inches in height may be erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. Likewise, in the case of corner lots, no plant material exceeding a height of thirty-six (36) inches above the elevation of the street pavement may be planted or maintained within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
(15) 
In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets, or for a distance of at least five hundred (500) feet in either direction is developed with buildings set back from such street with a variation in setback of no more than ten (10) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than fifteen (15) feet from the roadway right-of-way line.
(16) 
No structure shall be erected within eight (8) feet of any side property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height; and except further that wherever a lot of record existing on the effective date of this Chapter has a width sixty (60) feet or less, the side yard on each side of any building erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yards be less than five (5) feet in width.
(17) 
No structure shall be erected within fifteen (15) feet of a rear property line; except that this requirement shall not apply to any boundary wall or fence less than six (6) feet in height.
(18) 
In addition to the front, side and rear yard requirements stated in Subsection (F)(1)(d)(13), (14), (16) and (17) preceding, every structure, other than a public utility tower authorized by a conditional use permit, shall satisfy the following setback requirement: Every structure exceeding forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure shall be set back from all property lines a distance of one (1) foot for every two (2) feet of height above forty-five (45) feet, in addition to the minimum yard requirements.
(19) 
No wall of any separate (detached) structure shall be located closer to any wall of another separate structure than as set out in the following table:
Walls
Front or Rear
Side or End
Walls of Detached Accessory Buildings
Front or Rear
50 ft. plus 1 ft. for each 2 ft. of height above each building
30 ft. except 20 ft. if side wall has no windows plus 1 ft. for each 3 ft. of height above 35 ft. for each building
30 ft. plus 1 ft. for each 2 ft. of height above 35 ft. for each building
Side or End
30 ft. except 20 ft. if side wall has no windows plus 1 ft. for each 3 ft. of height above 35 ft. for each building
20 ft. plus 1 ft. for each 3 ft. of height above 35 ft. for each building
10 ft. plus 1 ft. for each 2 ft. of height above 35 ft. for each building
Except that any dimension given above shall include the side yard required for a single-family dwelling, stated in Subsection (F)(1)(d)(16) proceeding, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.
(20) 
Specialized private schools may be permitted in any residential district under a conditional use permit providing that they be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres, nor more than that required by the public school system land area requirements. Further, no buildings or activity areas should be located closer than the allowable setback from the property line in each given residential district.
(21) 
Commercial gardens, plant nurseries and greenhouses shall be located on tracts of land providing at least three (3) acres.
(22) 
Any part of a lot area not used for buildings or other structures or for parking, loading or accessways shall be landscaped with grass, ground cover, trees, shrubs and pedestrian walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees:
2 inches
Minimum height for coniferous trees:
6 feet
Tree mix:
Maximum of 40% of one species
Distribution:
1 tree per 10 parking spaces with 75% of those trees within the parking area
1 foundation plant (shrub or bush) per 20 feet of street exposed wall area
e. 
Off-Street Parking And Loading Requirements.
(1) 
Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.
(2) 
Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate; for purposes of calculating the number of secondary school pupils to whom this criterion refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.
(3) 
Parks and golf courses shall provide parking areas equivalent to at least one percent (1%) of the total area of land in such park or golf course, except that parking area available on park roads or private drives may be used to fulfill this requirement.
(4) 
Hospitals shall have parking areas provided on the basis of two and one-half (2.5) parking spaces for each bed in the hospital.
(5) 
Nursing homes, public utility facilities, swimming pools, clubs, recreation and community centers, mortuaries, dormitories, and group living arrangements, and fire stations shall provide sufficient parking spaces for employees' or visitors' motor vehicles as to assure that no such vehicles need be parked on any street.
(6) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection (F)(1)(e)(6) was repealed 7-21-2022 by Ord. No. 7.49 (Bill No. 2830).
(7) 
Lodging Establishments shall provide one and one-half (1 1/2) off-street parking spaces for each guest room.
(8) 
Public and private not-for-profit libraries shall provide parking areas of three (3) times the gross floor area of the library exclusive of auditoriums, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.
(9) 
Parking areas, including driveways, shall, in this district, be paved.
(10) 
Commercial gardens, plant nurseries and greenhouses shall provide at least four (4) parking spaces per acre and two (2) parking spaces per greenhouse.
(11) 
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit.
(12) 
Two-Family, Three-Family, And Four-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
At least two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided for each dwelling unit, plus one (1) guest space for every two (2) dwelling units.
(13) 
Multi-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a) 
For one- and two-bedroom dwelling units, a minimum of two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided. For dwelling units containing more than two (2) bedrooms, a minimum of two (2) fully enclosed off-street parking spaces oriented parallel to one another shall be provided plus an additional parking space for each additional bedroom. Additionally, for every two (2) dwelling units within a multi-family development, an additional one (1) guest space shall be provided.
(b) 
At least one (1) covered bicycle space shall be provided for each three (3) dwelling units.
(14) 
Carports or other unenclosed covered structures typically used to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f. 
In-home day cares shall contain no more than four (4) unrelated children.
(1) 
"Related" is defined as any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew or first cousin.
(2) 
Only two (2) unrelated children are allowed in a multi-family dwelling unit as defined by the Zoning Code.