To protect the value and charm of the existing residential areas, and to promote health, safety, comfort, convenience, and the general welfare, the following single-family residential districts are established by this chapter:

R-E Residential Estate

R-1-10, R-1-8, R-1-6, and R-1-5.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

A.

One single-family dwelling per lot.

B.

Supportive housing as defined in Section 17.06.613.

C.

Transitional housing as defined in Section 17.06.627.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1014, § 3, 9-23-2019; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

Accessory buildings and uses customarily appurtenant to a single-family residence, such as:

A.

Garages, carports, off-street parking areas;

B.

Private swimming pools;

C.

Sheds for tools and garden equipment (see Section 17.16.080);

D.

Parabolic antennas;

E.

Living quarters for relatives, friends, or persons regularly employed on the premises, but not rented or otherwise conducted as a business, provided that no kitchen facilities are installed;

F.

Community care facilities;

G.

Occupations conducted away from home, when the residence is used only as business address. (See definitions: Home Occupation.)

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

A.

Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses;

B.

Home occupations;

C.

A second unit with kitchen and bath facilities, if in compliance with Chapter 17.28.

D.

Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

The maintenance of kennels, and storage for any commercial purpose shall be prohibited.

(Ord. CS 559, 1984; Ord. CS 529, 1983; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

Setback requirements along major arterials shall supersede the requirements of this chapter.

A.

To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard by the same number of feet.

If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number feet.

B.

Side yard for boat and RV parking. If the property owner adds an extra five feet to a five foot side yard requirement, in order to park vehicles behind the front yard setback, he may encroach by five feet into the rear yard setback.

C.

Single family residential setbacks for lots that front on a cul-de-sac bulb and have an average lot depth of less than 100 feet may encroach by up to five feet into the required front yard setback provided the garage be no closer than 20 feet to the property line.

D.

Attached unenclosed patio covers may encroach by ten feet into the required rear yard setback.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1056, § 1, 1-23-2023; Ord. CS 1069, § 1(Exh. A), 11-12-2024)

Fences constructed from wood may not exceed seven feet in height on the interior property lines, but may not exceed three feet in height in exterior setbacks or within the clear-zone. A chainlink fence without slats or similar type, which does not block the view, may be four feet high within exterior setbacks. On all corner lots, exterior side yard fence constructed from wood may be seven feet in height, set back ten feet from the property line.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

An exterior yard or setback shall be identified as follows: All yards adjacent to a public right-of- way shall be exterior yards.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 3(Exh. A), 11-12-2024)

A.

Off-street parking as required elsewhere in this title.

B.

Clear zone: On corner lots, the maximum height within 25 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.

C.

Landscaping shall not obscure ingress or egress of neighboring properties so as to endanger health and safety.

D.

Distance between main buildings shall be a minimum of ten feet, unless fire or building code require a larger distance.

E.

Zero lot line may be established in Planned Development zones and in new development in compliance with Article 16, Subdivision Ordinance of the Atwater Municipal Code.

F.

Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback, and may not be placed within five feet of the interior rear or side property line.

G.

Accessory buildings on through lots shall have not less than 20 feet to the rear property line.

H.

An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.

I.

Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (for accessory structures exceeding 500 square feet in size see Section 17.16.040).

J.

Reserved.

K.

Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.16.090, which pertained to site plan and design review.