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Beaver City Zoning Code

11.5C Article

C. Multiple Residential District MR-1, MR-2, MR-3

11.5C.1 Purpose

The purpose of this district is to provide appropriate locations where medium to high density residential neighborhoods on lots not less than nine thousand eight hundred (9,800) square feet may be established, maintained and protected. The regulations also permit the establishment of, with proper controls, the public and semipublic uses such as churches, schools, libraries, parks and playgrounds, etc., which serve the requirements of families. The regulations are intended to prohibit those uses that would be harmful to a medium to high density residential neighborhood. 

HISTORY:

Ord. 41, 6-16-1998; amd. 2000 Code

11.5C.2 Permitted Uses

Accessory uses and buildings customarily incidental to permitted uses.

Agriculture, tilling of the soil, the raising of crops, horticulture and gardening.

Household pets.

Residential facility for disabled persons, providing it meets the following criteria:

  1.   Meets all city building, safety and health ordinances applicable to similar dwellings;
  2.  Provides assurance through the operator that the residents of the facility will be properly supervised on a twenty four (24) hour basis;
  3.  Is capable of use as a residential facility for disabled persons without structural or landscaping alterations that would change the structure's residential character;
  4.  Is not occupied by any person being treated for alcoholism or drug abuse;
  5.   Is not occupied by any person who is violent;
  6. Is on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

Residential facility for the elderly, providing it meets the following criteria:

  1. Conforms to all applicable building, safety, zoning and health ordinances applicable to similar dwellings;
  2. Is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
  3. Is not being occupied by any person being treated for alcoholism or drug abuse;
  4. Placement is on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

Single-family dwelling.

Two-family dwelling (duplex, not townhouses, see conditional uses for townhouses).

HISTORY:

Ord. 41, 6-16-1998

amd. 2000 Code

Ord. 12-4-2001-A, 12-4-2001

11.5C.3 Conditional Uses

Accessory uses and buildings customarily incidental to conditional uses.

Apartments or multiplex units containing three (3) or more units.

Child daycare or nursery.

Church.

Condominiums.

Home occupation.

Park or playground.

Private recreation grounds.

Public utilities, essential services.

School.

Townhouse (2 single-family dwellings attached together and sharing a common wall, and owned by 1 or more persons).

Other uses approved by the planning commission as being in harmony with the intent of the zone and similar in nature to the above listed uses.

Parking shall be as required by the planning commission. All other requirements of the zone must be complied with. 

HISTORY:

Ord. 41, 6-16-1998

amd. Ord. 12-4-2001-A, 12-4-2001

11.5C.4 Height Regulations

No main building shall exceed a height greater than two and one- half stories or thirty five feet (35'). No dwelling structure shall be less than one story. No accessory building shall exceed a height of twenty feet (20').

HISTORY:

Ord. 41, 6-16-1998

11.5C.5 Density Regulations

The lot size minimums for any single-family dwelling, or the first unit of a multiple family development and for each additional unit (in square feet) shall be established from the zoning district density assignment from the following density chart:

Units

MR-1

MR-2

1st unit*

6,000

6,000

2nd unit*

3,800

3,800

Additional units*

4,000

2,500

Estimated units per acre

6

8.5

*Except that there shall be 9,800 square feet for each detached single-family dwelling. Each townhouse (2 unit complex) shall be on a minimum 9,800 square foot lot with individual lots equaling 4,900 square feet or more.

Density may be further limited by off street parking requirements and by open space requirements as set by city ordinances and codes. Final densities will be established after review of all requirements for green and open areas, park and roads, and all other improvements as required.

HISTORY:

Ord. 41, 6-16-1998

amd. Ord. 12-4-2001-A, 12-4-2001

11.5C.6 Area, Width And Yard Requirements

Zone

Area Minimum

Width

Yards In Feet






Front

Side

Rear

All

9,800

80

20

8

5

HISTORY:

Ord. 41, 6-16-1998

11.5C.7 Signs

All signs shall conform with the city sign ordinance, title 10 of this code, and/or the Utah department of transportation regulations, whichever is greater. 

HISTORY:

Ord. 41, 6-16-1998

11.5C.8 Modifying Regulations

  1. Area: The minimum lot area shall be nine thousand eight hundred (9,800) square feet for each one-family dwelling or townhouse.
  2. Side Yards: Side yard setback on a street side yard of a corner lot shall be the same as the front yard setback required for this district.
  3. Private Garages, Accessory Buildings:
  4. Side Yard: Private garages and accessory buildings located at least eight feet (8') behind or to the side of the main building may have a side yard of eight feet (8'); provided, that all corner lots maintain a setback of twenty feet (20') on the street side.
  5. Rear Yard: Private garages and accessory buildings located at least eight feet (8') behind the main building may have a rear yard of five feet (5'); provided, that on corner lots rearing the side of another district, the minimum rear yard for all buildings shall be the same as the minimum side yard requirements of the zoning district.
  6. Townhouse: The side yard setback for a townhouse unit, where the common wall exists, shall be zero feet (0'). All other setback requirements for this district shall remain.

Building Size

Setbacks

0 to 750 square feet

Drip line shall remain on owner's property. No conditional use permit required.

751 to 1,500 square feet

Setbacks in this section shall be in force as they pertain to the zone in which the building is to be built.

  1. Square Footage: Maximum square footage of an accessory building in the multiple residential district shall not exceed one thousand five hundred (1,500) square feet without a conditional use permit. It is not the intent of the city to limit the number of buildings to one accessory building per lot, but the accessory buildings must not exceed twenty five percent (25%) of the rear yard (see also section 11-10-9 of this title, area of accessory buildings). All requests for accessory buildings over one thousand five hundred (1,500) square feet shall require a conditional use permit. The permit request shall be submitted to the planning commission for review to ascertain if the building will interfere with the aesthetic values of the neighborhood. All properties within three hundred feet (300') of the proposal shall be informed of the public hearing per conditional use permit regulations. The planning commission shall recommend to the city council as to approval or denial of the permit. The city council shall make a final decision as to issuance or denial of the permit.
  2.  Density; MR-2 Zone: (Rep. by Ord. 12-4-2001-A, 12-4-2001)
  3. Open Space; Landscaping: In the MR-1, MR-2 and MR-3 zones, a minimum of thirty percent (30%) of the lot area shall be maintained in open green space or landscaped area, and at least seventy percent (70%) of the front setback area shall be maintained as landscaped area.
  4. Recreation, Playground Areas: In developments with two (2) or more units, there shall be provided useable recreation or playground areas outside of the front yard setback, with a total minimum area of one thousand (1,000) square feet for two (2) to five (5) units, and an additional two hundred (200) square feet for each unit over five (5) units. The average width and length of each useable recreation or playground area shall not be less than twenty feet (20') or as approved by the planning commission. At least fifty percent (50%) of the useable area shall be in the form of open playground or green space. This requirement may be reduced by fifty percent (50%) for development strictly for housing the elderly or disabled.
  5. Group Dwellings; Distance: In group dwellings, no two (2) buildings may be located closer together than ten feet (10') for one-story buildings, fifteen feet (15') for two-story buildings and twenty feet (20') for two and one-half story buildings.

HISTORY:

Ord. 41, 6-16-1998

amd. 2000 Code

Rep. by Ord. 12-4-2001-A, 12-4-2001

11.5C.9 Other Provisions

Exceptions to these regulations are provided in chapter 10 of this title.

HISTORY:

Ord. 41, 6-16-1998