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Butte City Zoning Code

CHAPTER 17

10 - R-1 ONE-FAMILY RESIDENCE ZONE

Sections:


17.10.010 - Primary intended use.

The R-1 zone is intended primarily for the use and protection of one-family residences. To achieve this intent, the regulations in this chapter and the supplementary regulations in Chapter 17.38 shall apply in the R-1 zone.

(Ord. 53 § 40, 1978)

17.10.020 - Permitted uses.

Hereinafter in the R-1 zone, no building or structure shall be erected, altered, enlarged or relocated therein which is designed or intended to be used for any other than the following unless otherwise provided in this title:

A.

Dwellings:

1.

Single-family;

2.

Manufactured homes:

a.

Class A,

b.

Modular.

B.

Rooms or room and board for not more than two adult persons may be provided by a resident proprietor;

C.

Gardening, fruitgrowing, greenhouses of not more than one hundred and twenty square feet, not more than ten feet in height, and nurseries, excluding: the sale of products raised on the premises, retail stands, signs, and other commercial structures. Domestic pets, excluding livestock and bees, may be kept for noncommercial purposes; provided, that the maintenance of kennels and the keeping of rabbits or other similar small animals in excess of three of the same genus or sort shall be prohibited;

D.

Accessory uses ordinarily appurtenant to permitted uses, including home occupations as defined herein, private swimming pools, and one detached private garage for each dwelling unit. Detached accessory structures, including private garages, shall not be located in the front yard not less than ten feet from any adjoining side street, except detached accessory structures located in the rear yard may extend to within three feet of the rear property line when abutting an alleyway or within five feet of the rear property line when an alley does not exist. Attached garages, carports, covered patios, and similar attached accessory buildings may occupy the rear yard to within ten feet of the rear property line and to within five feet of the inside property lines. In all cases there shall be a minimum off-street parking apron of twenty feet in length directly in front of all garage door entrances when accessing a street either to the front or side of a residence. Where garage doors access an alley, the off-street parking apron shall be at least ten feet; accessory structures shall not contain any habitable space or room;

E.

Day care homes, family or group;

F.

Other uses permitted under the supplementary use regulations in Chapter 17.30.

(Ord. 00-9 § 1 (part), 2000; Ord. 437 § 9, 1992: Ord. 358 § 1 (part), 1989; Ord. 296 § 1 (part), 1987; Ord. 295 § 1 (part), 1987; Ord. 201 § 1(b), 1983; Ord. 155 § 1(a), (b), 1982; Ord. 122 § 1(3), 1980; Ord. 99 § 1 (part), 1980; Ord. 53 § 40-2, 1978)

(Ord. No. 15-18, § 1, 1-15-2016)

17.10.030 - Conditional uses.

Conditional uses shall be as follows:

A.

Manufactured Homes Class B as to the provisions of Chapter 17.37.

B.

Temporary uses, including business offices and signs, incidental to the development of the surrounding residential area may be allowed by a conditional use permit from the board of adjustment after examination of the location and upon due proof to the satisfaction of the board that such use will not be unduly detrimental to surrounding properties. Such uses shall comply with the front and side yard regulations. No sign shall exceed one hundred fifty square feet in area. Permits for such uses shall be temporary, conditional, and revocable, and shall be issued for a period not exceeding two years. Continuation of such uses beyond the two-year limit shall require a new permit to be issued on its own merit and in the same manner as required in the case of a new application;

C.

Home occupations;

D.

Keeping of fowl and similar animals.

(Ord. 00-9 § 1 (part), 2000; Ord. 534 § 1, 1996; Ord. 437 § 10, 1992: Ord. 135 § 1(a), 1981; Ord. 99 § 1 (part), 1980; Ord. 53 § 40-3, 1978)

17.10.040 - Building height limits.

Building height limits shall be two and one-half stories, but not exceeding thirty-five feet in height, and no accessory structure shall exceed one story or the following height limits:

Hip or gable roof 16 feet maximum

Gambrel roof 14 feet maximum

Flat roof 13 feet maximum

(Ord. 122 § 1(4), 1980; Ord. 53 § 40-4, 1978)

17.10.050 - Minimum lot area.

Minimum lot area for single-family dwellings shall be six thousand square feet, and as applicable under Chapter 17.38.

(Ord. 296 § 1 (part), 1987: Ord. 295 § 1 (part), 1987: Ord. 53 § 40-5, 1978)

17.10.060 - Minimum lot width.

Minimum lot width for single-family dwellings shall be sixty feet.

(Ord. 296 § 1 (part), 1987: Ord. 295 § 1 (part), 1987: Ord. 53 § 40-6, 1978)

17.10.070 - Minimum front yard depth.

Minimum front yard depth shall be twenty feet. When fronting on the right-of-way of a major thoroughfare shown on the official major street system and committed improvements plan, the front yard shall be measured from the proposed right-of-way line.

(Ord. 296 § 1 (part), 1987: Ord. 295 § 1 (part), 1987: Ord. 53 § 40-7, 1978)

17.10.080 - Minimum side yard width.

One-story dwellings shall have a minimum of a five-foot side yard; a two-story dwelling shall have a minimum of an eight-foot side yard; and each additional story over two shall have an additional four feet, for each story, added to the required side yard.

However, any side yard abutting a street shall have a minimum setback of ten feet including accessory structures.

(Ord. 296 § 1 (part), 1987: Ord. 295 § 1 (part), 1987: Ord. 53 § 40-8, 1978)

17.10.090 - Minimum rear yard depth.

Minimum rear yard depth for single-family dwellings shall be ten feet, and thirty-five feet for other principal buildings. There shall be a minimum fifteen-foot rear yard setback for two or more stories on dwellings.

(Ord. 296 § 1 (part), 1987: Ord. 295 § 1 (part), 1987: Ord. 53 § 40-9, 1978)

17.10.100 - Maximum lot coverage.

The maximum structure coverage of the lot shall not exceed thirty-five percent.

(Ord. 53 § 40-10, 1978)