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Belvedere City Zoning Code

19.24 R-1

Zones

19.24.010 Permitted uses.

The following uses are permitted in the R-1 zones:

A. Single-family dwellings, including small employee housing, which shall be subject to the same standards as a single-family dwelling;

B. Accessory dwelling units and junior accessory dwelling units;

C. Accessory uses to single-family dwellings, including private garages, private greenhouses, guest houses and servants’ quarters; provided that no person shall use or maintain a single-family dwelling primarily to provide meeting or entertainment facilities;

D. The office of any profession in any dwelling when used solely by a resident in such dwelling; provided, that such office is not regularly or customarily used for treatment of patients or interviews with clients or customers, and no person who is not a resident of such dwelling shall be employed in such office;

E. Structures, facilities and uses relating to or convenient or necessary for any function of municipal government;

F. Transitional and supportive housing facilities;

G. Small residential or community care facilities serving six or fewer individuals;

H. Manufactured housing;

I. Congregate housing;

J. Small family day care. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2014-3 § 6, 2014; Ord. 2011-4 § 13, 2011; Ord. 2003-4 § 6, 2003; Ord. 90-4 § 3, 1990; Ord. 89-1 § 1, 1989.)

19.24.020 Uses permitted under permit.

The following uses are permitted in the R-1 zones with a conditional use permit from the Planning Commission:

A. Public buildings (except public buildings far schools, parks and playgrounds);

B. Occupancy of a single-family dwelling other than by a family, provided it is found that special circumstances or conditions affect the property, that deprivation of such use will cause unusual and extreme hardship, and that the granting of such use will not be detrimental to public welfare or injurious to other property in the neighborhood in which such property is situated;

C. Electric substations and other public utility facilities;

D. Instruction of students;

E. Large residential or community care facilities serving seven or more individuals;

F. Large family day care. (Ord. 2017-1 § 16, 2017; Ord. 2016-5 § 5, 2016; Ord. 2011-4 § 14, 2011; Ord. 2003-4 § 7, 2003; Ord. 90-4 § 4, 1990; Ord. 89-1 § 1, 1989.)

19.24.030 Prohibited uses.

The following uses are prohibited in the R-1 zone: All uses not specified in Sections 19.24.010 and 19.24.020. (Ord. 89-1 § 1, 1989.)

19.24.040 Summary of development standards—R-1C zone (Corinthian Island).

The following summarizes the standards that shall apply to development in the R-1C zone. For all regulations concerning the determination and measurement of slope, height, setbacks, floor area ratio and other development standards, see Chapters 19.44 through 19.68 of this Title.

Minimum

lot size

7,500 square feet

lot width

65 foot average

lot frontage

65 feet

Front yard setback

NOTE: Please see Section 19.48.010 for additional conditions

0 feet from the front property line, or 5 feet from the improved street line, whichever is more distant from the centerline of the paved street

Side yard setback

5 feet

Rear yard setback

Abutting another lot

20 feet

Abutting a street or water

10 feet

Setback for conditional use

10 feet, or minimum for that yard, whichever is greater

Maximum lot coverage

40 percent for structures

50 percent including uncovered decks

Maximum floor area

NOTE: See Section 19.52.120 for exception procedure.

For lots with areas less than or equal to 7,000 square feet

Ratio of .50 to lot area

For lots with areas greater than 7,000 square feet

3,500 square feet

Maximum height

NOTE: See Section 19.56.060 for requirements regarding 36- foot exception. Maximum heights are only permitted if there is no significant view blockage.

28 foot average

28 foot maximum, or 36 feet if slope at footprint is over 30 percent

Off-street parking

2 off-street spaces for each single-family dwelling

1 additional space for second unit

(Ord. 92-8 § 2, 1992; Ord. 89-1 § 1, 1989.)

19.24.050 Summary of development standards—R-1L zone (Lagoon area).

The following summarizes the standards that shall apply to development in the R-1L zone. The full text of the requirements summarized here is located in Chapter 19.44 through 19.68 of this Title. In addition, all applicable structures must receive Design Review approval pursuant to Chapter 20.04 of the Belvedere Municipal Code. In the event of a discrepancy between the following chart and the Code section, the Code section shall prevail.

Minimum

lot size

7,500 square feet

lot width

65 foot average

lot frontage

65 feet

Front yard setback

NOTE: For the full text of these requirements, see Sections 19.48.010, 19.48.060, and Chapter 19.56 (Height Limits). Maximum Height is only allowed if there is no significant view blockage. See Section 19.56.010.

Building less than 15 feet high within first 40 feet of front property line

5 feet

Building less than 25 feet high within first 40 feet of front property line

10 feet

Building over 25 feet high within first 40 feet of front property line

15 feet

Side yard setback

5 feet

10 feet for second story

Rear yard setback

NOTE: See §19.48.170 for additional conditions

Abutting another lot

20 feet

Abutting a street or water

15 feet

Abutting an alley or private way

10 feet

Setback for conditional use

10 feet, or minimum for that yard, whichever is greater

Maximum lot coverage

NOTE: See Chapter 19.56 for maximum height limitations. Maximum heights are only permitted if there is no significant view blockage.

40 percent for structures greater than 15 feet in height

50 percent for structures up to 15 feet in height

Maximum floor area

NOTE: See §19.52.120 for exception procedure.

For lots with areas less than or equal to 8,000 square feet

Ratio of .50 to lot area

For lots with areas greater than 8,000 square feet

4,000 square feet

Maximum height

NOTE: See Chapter 19.56 for the full text of height limitations. Maximum heights are only permitted if there is no significant view blockage.

If a structure constitutes a “substantial improvement” under FEMA regulations, then the maximum Height is 22 feet as measured from the highest point of the structure (excluding chimneys) to Base Flood Elevation plus one foot of freeboard. If a structure does not constitute a “substantial improvement” under FEMA regulations, then the maximum Height is 22 feet from Existing Grade. (See Section §19.56.040)

A bonus of one foot of additional Height may be allowed when an additional foot is added to the average second story setbacks to a maximum Height of 26 feet. If a structure constitutes a “substantial improvement” under FEMA regulations, then Height is measured from the highest point of the structure (excluding chimneys) to Base Flood Elevation plus 1 foot of freeboard. (See §19.56.080)

If a structure does not constitute a “substantial improvement” under FEMA regulations, then Height is measured from Existing Grade.

In no event shall a structure be constructed to a Height above twenty-nine feet from Existing Grade as defined in Section 19.08.224.

Off-street parking

2 off-street spaces for each single-family dwelling

One additional space for second unit

(Ord. 2019-1 § 5, 2019; Ord. 2015-3 Exhibit A, 2015; Ord. 92-8 § 3, 1992; Ord. 89-1 § 1, 1989.)

19.24.060 Summary of development standards—R-1W zone (West Shore Road Area).

The following summarizes the standards that shall apply to development in the R-1W zone. For all regulations concerning the determination and measurement of slope, height, setbacks, floor area ratio and other development standards, see Chapters 19.44 through 19.68 of this Title

Minimum

lot size

7,500 square feet

lot width

65 foot average

lot frontage

65 feet

Front yard setback

NOTE: Please see Section 19.48.010 for additional conditions.

Building less than 15 feet high within first 40 feet of front property line

5 feet

Building less than 25 feet high within first 40 feet of front property line

10 feet

Building over 25 feet high within first 40 feet of front property line

15 feet

Side yard setback

5 feet for first story

10 feet for second story

Rear yard setback

Abutting another lot

20 feet

Abutting a street

15 feet

Abutting water, an alley or water way

10 feet

Setback for conditional use

10 feet, or minimum for that yard, whichever is greater

Maximum lot coverage

40 percent for structures greater than 15 feet in height

50 percent for structures up to 15 feet in height

50 percent total including uncovered, outdoor decks

Maximum floor area

NOTE: See Section 19.52.120 for exception procedure.

For lots with areas less than or equal to 10,600 square feet

Ratio of .40 to lot area

For lots with areas greater than 10,600 square feet

4,240 square feet

Maximum height

NOTE: Maximum heights are only permitted if there is no significant view blockage.

22 feet

Up to 26 feet may be allowed—one foot of average side yard setback must be added to the minimum for each one foot of additional height

Off-street parking

2 off-street spaces for each single-family dwelling

One additional space for second unit

(Ord. 92-8 § 4, 1992; Ord. 89-1 § 1, 1989.)

19.24.070 Design review required.

All new structures, and all exterior remodeling, alteration, addition or other construction, including retaining walls, swimming pools, fences and the like, shall be subject to the design review process as required in Title 20 of this Code. (Ord. 89-1 § 1, 1989.)