Cedar Hills City Zoning Code
CHAPTER 4
REGULATIONS WITHIN ZONES
10-4-1: DECLARATION:
Regulations and restrictions governing the use of land, buildings and structures, the size of yards, courts and other open spaces, density of population, location, size and height of buildings and structures, and the maintenance of premises, shall apply within the several zones as hereinafter set forth. (Ord. 6-20-78A, 6-20-1978)
10-4A-1: LEGISLATIVE INTENT:
A. The R-1-11,000 residential zone covers the portion of the city that is primarily intended for single-family residential development on moderate sized lots of approximately one-fourth (1/4) acre. Uses in the zone include a commingling of single-family dwellings and parks, playgrounds, schools, churches and other community facilities typically located within a residential neighborhood and intended to serve the residents thereof. The zone is characterized by spacious lots, uncrowded buildings, and quiet residential conditions favorable to the rearing of children. Owners and developers of property within this zone should bear in mind that primacy is given to residential development and maintain their properties in recognition thereof.
B. The provisions of this zone are intended to implement the objectives of the high density residential areas identified in the city general plan and are hereby declared to be consistent therewith.
C. The specific regulations necessary for the accomplishment of the intent of the zone are hereinafter set forth. (Ord. 2-17-98A, 2-17-1998)
10-4A-2: PERMITTED USES:
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title:
Churches.
Customary household pets, but not including kennels.
Customary residential accessory structures.
Foster care homes containing not more than four (4) foster care occupants.
Gardens, orchards and field crops.
Public agency parks and playgrounds.
Single-family dwellings. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code; Ord. 04-15-2014A, 4-15-2014)
10-4A-3: CONDITIONAL USES:
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title and after approval has been given by the designated review agency:
Accessory apartment.
Assisted living facility for elderly persons.
Conventional subdivision projects, subject to compliance with the applicable provisions of this zone and the city subdivision ordinance.
Fences, walls and hedges subject to the requirements of section 10-5-18 of this title.
Flexible design subdivision projects having a density of not greater than four (4) dwelling units per net acre, subject to the applicable provisions of chapter 6, article C of this title.
Home occupations, subject to the provisions of title 3, chapter 1 of this code.
Small animal units. See section 10-5-33, "Small Animals Or Fowl", of this title.
Water, sewer and utility transmission lines and facilities required as an incidental part of a conventional subdivision, flexible design subdivision or other approved development project in the zone and subject to approval by the city council. (Ord. 2-17-98A, 2-17-1998; amd. Ord. 4-21-98B, 4-21-1998; 2004 Code; Ord. 9-18-2007A, 9-18-2007; Ord. 1-19-2010A, 1-19-2010; Ord. 11-9-2010B, 11-9-2010; Ord. 9-20-2011B, 9-20-2011; Ord. 1-3-2012B, 1-3-2012, eff. 2-21-2012)
10-4A-4: AREA AND WIDTH REQUIREMENTS:
The minimum area, width and depth requirements for a zoning lot shall be as follows:
Use | Minimum Area | Minimum Width1 | Minimum Depth1 | |
Single-family dwellings2 | 11,000 sq. ft. | 110 ft. | ||
Interior lots | 90 ft. | |||
Corner lots | 100 ft. | |||
Churches | 2.5 acres | 200 ft. | ||
Schools | 5 acres | 200 ft. | ||
1Standards for determining compliance with lot width and depth requirements are set forth under section 10-5-19 of this title. 2These minimum area, width and depth requirements shall be applicable to individual parcels and lots in conventional subdivision projects. Minimum zone lot requirements for flexible design subdivisions shall be established in accordance with the specific requirements for such projects. | ||||
(Ord. 2-17-98A, 2-17-1998)
10-4A-5: ACCESS REQUIREMENTS:
Each lot shall abut upon and have direct access to a city street. The distance of said abutting side shall be not less than the minimum width requirement of the zone, except that the length of the abutting side may be reduced to not less than sixty feet (60') when the lot fronts upon a cul-de-sac or curve in a designated city street and the lot lines radiate in such a manner that the width of the lot will meet or exceed the minimum lot width requirements as determined in accordance with the provisions of section 10-5-19 of this title. (Ord. 2-17-98A, 2-17-1998)
10-4A-6: LOCATION REQUIREMENTS:
A. Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:
1. Front Setback: All dwellings and other main buildings shall be set back not less than thirty feet (30') from the front lot line that abuts on any existing or proposed public street.
2. Side Setback:
a. Interior Lots: All dwellings and other main buildings shall be set back not less than eight feet (8') from any side lot line and the combined total setback distance of opposite side setbacks shall be not less than twenty feet (20'). (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
b. Corner Lots; Side Abutting A Street: All dwellings and other main buildings shall be set back not less than thirty feet (30') from the side lot line that abuts on an existing or proposed street, except that in the instance of corner lots in subdivisions approved prior to June 1, 1998, and having a lot width of ninety five feet (95') or less, the side setback requirement adjacent to a street shall be reduced to twenty five feet (25'). (Ord. 7-7-98A, 7-7-1998)
3. Rear Setback:
a. Interior Lots: All dwellings or other main buildings shall be set back not less than twenty five feet (25') from the rear lot line.
b. Corner Lots: All dwellings and other main buildings shall be set back not less than twenty five feet (25') from the rear lot line, except that where a garage is attached to the rear of the dwelling, the required rear setback for said garage may be reduced to not less than twelve feet (12') as measured from the rear lot line to the closest part of the building. (Ord. 2-17-98A, 2-17-1998)
4. Measurement Of Setbacks: Compliance with minimum setback requirements shall be determined in accordance with the provisions of section 10-5-5 of this title. (Ord. 7-7-98A, 7-7-1998)
B. Accessory Buildings: All accessory buildings shall be located in accordance with the following:
1. Setback From Main Building; Front Setback: Accessory buildings shall be set back not less than twelve feet (12') to the rear of the closest rear wall of the main building, and not less than twelve feet (12') from the closest side wall of the main building. Accessory buildings that are located twelve feet (12') or closer to a main building shall be considered as part of the main building. Where no main building exists on a lot, a detached accessory building shall be set back not less than seventy five feet (75') from the front lot line.
2. Side Setback; Corner Lot, Side Abutting A Street: Accessory buildings shall be set back not less than thirty feet (30') from the side lot line that abuts on a street.
3. Side And Rear Setback; Interior Lot Line: Accessory buildings shall be set back not less than five feet (5') from any interior side or rear lot line. (Ord. 2-17-98A, 2-17-1998)
10-4A-7: UTILITY REQUIREMENTS:
All dwellings and other structures used for human occupancy shall be served with adequate utilities, as follows:
A. The city culinary water system.
B. The city sanitary sewer system.
C. Electric, natural gas and telephone systems.
D. The city pressurized irrigation system.
E. The city stormwater system. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
10-4A-8: DWELLING REQUIREMENTS:
A. Area Of Dwellings: Each dwelling shall conform to one of the following:
1. The dwelling shall contain a main floor living area of not less than one thousand two hundred (1,200) square feet; or
2. The dwelling shall meet or exceed all of the following:
a. The dwelling shall have a total "building footprint area" of not less than one thousand four hundred (1,400) square feet as measured from the outside of the foundation wall;
b. Not less than one thousand (1,000) square feet of the "building footprint area" shall be devoted exclusively to living space (portions of the footprint area occupied by garages, porches, breezeways and similar areas shall be excluded); and
c. The dwelling shall contain a total living area of not less than one thousand eight hundred (1,800) square feet located on building floors or levels, located entirely above the finished grade of the ground surface adjacent to the foundation of the structure. (Ord. 2-17-98A, 2-17-1998)
B. Minimum Dimension: The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than twenty four feet (24'). Nonliving spaces such as garages, porches, breezeways and similar areas shall not be included in determining compliance with this requirement. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
C. Height Of Building:
1. The maximum height of any dwelling shall be thirty five feet (35') in height as measured to the ridgeline of the roof. The maximum height of any accessory building shall be twenty feet (20') to the ridgeline of the roof. Both the dwelling and the accessory building height shall be measured from the highest finished grade of the ground surface adjacent to the foundation of the structure from the front elevation to the ridgeline. (Ord. 10-20-98A, 10-20-1998; amd. 2004 Code)
2. Chimneys, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of ten feet (10') above the building. (Ord. 3-20-2012B, 3-20-2012)
3. The minimum height of a building used as a dwelling shall be not less than eight feet (8'). (Ord. 2-17-98A, 2-17-1998)
D. Off Street Parking:
1. Not less than two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space.
2. Not less than two (2) off street parking spaces appurtenant to a dwelling shall be enclosed within a garage.
3. Parking of recreational vehicles, boats, trailers, etc., is permitted within the optional enclosure area, in a private driveway or directly adjacent to the garage/driveway on an approved surface. (Ord. 10-20-2009C, 10-20-2009)
E. Special Provisions: All dwellings shall conform to the special provisions relating to dwellings set forth under section 10-5-5 of this title. (Ord. 2-17-98A, 2-17-1998)
10-4B-1: LEGISLATIVE INTENT:
A. The R-1-15,000 residential zone covers the portion of the city that is primarily intended for single-family residential development on moderate sized lots of approximately one-third (1/3) acre. Uses in the zone include a commingling of single- family dwellings and parks, playgrounds, schools, churches and other community facilities typically located within a residential neighborhood and intended to serve the residents thereof. The zone is characterized by spacious lots, uncrowded buildings and quiet residential conditions favorable to the rearing of children. Owners and developers of property within this zone should bear in mind that primacy is given to residential development and maintain their properties in recognition thereof.
B. The provisions of this zone are intended to implement the objectives of the medium density residential areas identified in the city general plan and are hereby declared to be consistent therewith.
C. The specific regulations necessary for the accomplishment of the intent of the zone are hereinafter set forth. (Ord. 2-17-98A, 2-17-1998)
10-4B-2: PERMITTED USES:
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title:
Churches.
Customary household pets, but not including kennels.
Customary residential accessory structures.
Foster care homes containing not more than four (4) foster care occupants.
Gardens, orchards and field crops.
Public agency parks and playgrounds.
Single-family dwellings. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code; Ord. 04-15-2014A, 4-15-2014)
10-4B-3: CONDITIONAL USES:
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title and after approval has been given by the designated review agency:
Accessory apartment.
Assisted living facility for elderly persons.
Conventional subdivision projects, subject to compliance with the applicable provisions of this zone and the city subdivision ordinance.
Fences, walls and hedges, subject to the requirements of section 10-5-18 of this title.
Flexible design subdivision projects, having a density of not greater than two and nine-tenths (2.9) dwelling units per net acre and subject to the provisions of chapter 6, article C of this title.
Home occupations, subject to the provisions of title 3, chapter 1 of this code.
Large animal units. All barns, sheds, coops, pens, hutches, paddocks, stables, corrals or similar structures used for the enclosure, housing, or confinement of animals in a large animal unit shall be located not less than one hundred feet (100') to an existing dwelling on an adjacent lot.
Planned residential development projects, having a density not greater than two and nine-tenths (2.9) dwelling units per net acre and subject to the provisions of chapter 6, article B of this title.
Small animal units. See section 10-5-33, "Small Animals Or Fowl", of this title.
Water, sewer and utility transmission lines and facilities required as an incidental part of a conventional subdivision, flexible design subdivision, planned residential development or other approved development project in the zone, and approval by the City Council. (Ord. 08-25-2015A, 8-25-2015)
10-4B-4: AREA AND WIDTH REQUIREMENTS:
The minimum area, width and depth requirements for a zoning lot shall be as follows:
Use | Minimum Area | Minimum Width1 | Minimum Depth1 |
Single-family dwellings2 | 15,000 sq. ft. | 100 ft. | 120 ft. |
Churches | 2.5 acres | 200 ft. | |
Schools | 5 acres | 200 ft. |
Notes:
1. Standards for determining compliance with lot width and depth requirements are set forth under section 10-5-19 of this title.
2. These minimum area, width and depth requirements shall be applicable to individual parcels and lots in conventional subdivision projects. Minimum zone lot requirements for flexible design subdivisions and planned residential developments shall be established in accordance with the specific requirements for such projects.
(Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
10-4B-5: ACCESS REQUIREMENTS:
Each lot shall abut upon and have direct access to a City street. The distance of said abutting side shall be not less than the minimum width requirement of the zone, except for the following instances:
A. The length of the abutting side may be reduced to not less than sixty feet (60') when the lot fronts upon a cul-de-sac or curve in a designated City street and the lot lines radiate in such a manner that the width of the lot will meet or exceed the minimum lot width requirements as determined in accordance with the provisions of section 10-5-19 of this title.
10-4B-6: LOCATION REQUIREMENTS:
A. Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:
1. Front Setback: All dwellings and other main buildings shall be set back not less than thirty feet (30') from the front lot line that abuts on any existing or proposed public street.
2. Side Setback:
a. Interior Lots: All dwellings and other main buildings, including any attached garage or similar structure, shall be set back not less than ten feet (10') from any side lot line and the combined total setback distance of the opposite side setbacks shall be not less than twenty four feet (24').
b. Corner Lots; Side Abutting A Street: All dwellings and other main dwellings shall be set back not less than thirty feet (30') from the side lot line that abuts on an existing or proposed street, except that in the instance of corner lots in subdivisions approved prior to June 1, 1998, and having a lot width of ninety five feet (95') or less, the side setback requirement adjacent to a street shall be reduced to twenty five feet (25').
3. Rear Setback:
a. Interior Lots: All dwellings or other main buildings shall be set back not less than twenty five feet (25') from the rear lot line.
b. Corner Lots: All dwellings and other main buildings shall be set back not less than twenty five feet (25') from the rear lot line, except that where a garage is attached to the rear of the dwelling, the required rear setback for said garage may be reduced to not less than twelve feet (12') as measured from the rear lot line to the closest part of the building.
4. Measurement Of Setbacks: Compliance with minimum setback requirements shall be determined in accordance with the provisions of section 10-5-5 of this title.
B. Accessory Buildings: All accessory buildings shall be located in accordance with the following:
1. Setback From Main Building; Front Setback: Accessory buildings shall be set back not less than twelve feet (12') to the rear of the closest rear wall of the main building, and not less than twelve feet (12') from the closest side wall of the main building. Accessory buildings that are located twelve feet (12') or closer to a main building shall be considered as part of the main building. Where no main building exists on a lot, a detached accessory building shall be set back not less than seventy five feet (75') from the front lot line.
2. Side Setback; Corner Lot, Side Abutting A Street: Accessory buildings shall be set back not less than thirty feet (30') from the side lot line that abuts on a street.
3. Side And Rear Setback; Interior Lot Line: Accessory buildings shall be set back not less than five feet (5') from any interior side or rear lot line. (Ord. 03-06-2018B, 3-6-2018)
10-4B-7: UTILITY REQUIREMENTS:
All dwellings and other structures used for human occupancy shall be served with adequate utilities, as follows:
A. The City culinary water system.
B. The City sanitary sewer system.
C. Electric, natural gas and telephone systems.
D. The City pressurized irrigation system.
E. The City stormwater system. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
10-4B-8: DWELLING REQUIREMENTS:
A. Area Of Dwellings: Each dwelling shall conform to one of the following:
1. The dwelling shall contain a main floor living area of not less than one thousand two hundred (1,200) square feet; or
2. The dwelling shall meet or exceed all of the following:
a. The dwelling shall have a total "building footprint area" of not less than one thousand four hundred (1,400) square feet as measured from the outside of the foundation wall;
b. Not less than one thousand (1,000) square feet of the "building footprint area" shall be devoted exclusively to living space (portions of the footprint area occupied by garages, porches, breezeways and similar areas shall be excluded); and
c. The dwelling shall contain a total living area of not less than one thousand eight hundred (1,800) square feet located on building floors or levels, located entirely above the finished grade of the ground surface adjacent to the foundation of the structure.
B. Minimum Dimension: The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than twenty four feet (24'). Nonliving spaces such as garages, porches, breezeways and similar areas shall not be included in determining compliance with this requirement.
C. Height Of Building:
1. The maximum height of any dwelling shall be thirty five feet (35') in height as measured to the ridgeline of the roof. The maximum height of any accessory building shall be twenty feet (20') to the ridgeline of the roof, an additional five feet (5') in building height may be granted by the Zoning Administrator for lots exceeding the minimum square footage requirement by a factor of two (2), should the proposed accessory building comply with the building setback requirements of a main dwelling in the underlying zone. At no time shall an accessory structure exceed twenty five feet (25') in height. Both the dwelling and the accessory building height shall be measured from the highest finished grade of the ground surface adjacent to the foundation of the structure from the front elevation to the ridgeline.
2. Chimneys, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of ten feet (10') above the building.
3. The minimum height of a building used as a dwelling shall be not less than eight feet (8'). (Ord. 03-06-2018B, 3-6-2018)
D. Off Street Parking:
1. Not less than two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space.
2. Not less than two (2) off street parking spaces appurtenant to a dwelling shall be enclosed within a garage.
3. Parking of recreational vehicles, boats, trailers, etc., is permitted within the optional enclosure area, in a private driveway or directly adjacent to the garage/driveway on an approved surface. (Ord. 10-20-2009C, 10-20-2009)
E. Special Provisions: All dwellings shall conform to the special provisions relating to dwellings set forth under section 10-5-5 of this title. (Ord. 2-17-98A, 2-17-1998)
10-4C-1: LEGISLATIVE INTENT:
A. The Planned Development Zone (PD-1) covers a portion of the City that is primarily intended for high density single family residential development within a homeowners' association. Uses in the zone include a combination of single-family dwellings, parks, playgrounds, and other facilities typically located within a residential neighborhood and intended to serve the residents thereof. The zone is characterized by high density housing, typically between six (6) and eight (8) units per acre.
B. The provisions of this zone are intended to implement the objectives of the highest density residential areas identified in the City general plan and are hereby declared to be consistent therewith. The PD-1 Zone shall apply only to a parcel of property of approximately 11.4 acres, located generally at 4600 West Cedar Hills Dr., as more fully specified in exhibit A to the Development Agreement that has been adopted by the City pursuant to section 10-4C-9 of this article.
C. The specific regulations necessary for the accomplishment of the intent of the zone are hereinafter set forth. (Ord. 06-19-2018B, 6-19-2018)
10-4C-2: PERMITTED USES:
Permitted uses within the PD-1 Zone shall include single family homes and the commercial office and retail uses included as a part of the Design Guidelines (the "Design Guidelines") as defined in section 1.2.15 of the Development Agreement that has been adopted by the City Council. Any use not specifically listed as a permitted use in this section, or as a conditional use in section 10-4C-3 of this article, shall be prohibited.
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title:
Commercial office and retail uses subject to the provisions of chapter 6, article A of this title.
Customary household pets, but not including kennels.
Foster care homes containing not more than four (4) foster care occupants.
Gardens.
HOA maintained parks and playgrounds.
Single-family dwellings. (Ord. 06-19-2018B, 6-19-2018)
10-4C-3: CONDITIONAL USES:
The following buildings, structures and uses of land may be permitted upon compliance with the standards set forth in this title and after approval has been given by the designated review body.
Conventional subdivision projects, subject to compliance with the applicable provisions of this zone and the City subdivision ordinance.
Fences, walls and hedges subject to the requirements of section 10-5-18 of this title.
Home occupations, subject to the provisions of title 3, chapter 1 of this Code.
Small animal units. See section 10-5-33, "Small Animals Or Fowl", of this title.
Water, sewer and utility transmission lines and facilities required as an incidental part of a conventional subdivision or other approved development project in the zone and subject to approval by the City Council. (Ord. 06-19-2018B, 6-19-2018)
10-4C-4: AREA AND WIDTH REQUIREMENTS:
Property in the PD-1 Zone shall be developed in substantial conformance with the Concept Plan included as exhibit C to the Development Agreement that is adopted by the City pursuant to section 10-4C-9 of this article. Lot dimensions in the PD-1 Zone shall be generally consistent with the Concept Plan, as finally determined by the City Council with a recommendation from the Planning Commission based on an approved subdivision plan subject to the approval process found in title 11 of this Code. (Ord. 06-19-2018B, 6-19-2018)
10-4C-5: ACCESS REQUIREMENTS:
Except as illustrated in the Concept Plan, each lot shall abut upon and have direct access to a street constructed to City standards. The distance of said abutting side shall not be less than the minimum width requirement of the zone or as adopted pursuant to the terms of the Development Agreement. (Ord. 06-19-2018B, 6-19-2018)
10-4C-6: LOCATION REQUIREMENTS:
A. Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:
1. Front Setback: All dwellings and other main buildings shall be set back not less than twenty feet (20') from the front lot line that abuts on any existing or proposed street. A front porch may extend into the front setback no more than five feet (5').
2. Side Setback:
a. Interior lots: All dwelling and other main buildings shall be setback not less than five feet (5') from any side lot line, and the combined total setback distance of the opposite side setback shall be not less than ten feet (10'). Porch may extend into side yard setback area no more than two feet (2').
b. Corner lots; side abutting a street: All dwellings and other main buildings shall be set back not less than ten feet (10') from the side lot line that abuts on an existing or proposed street.
3. Rear Setback: All dwellings or other main buildings shall be set back not less than ten feet (10') from the rear lot line.
4. Measurement Of Setbacks: Compliance with minimum setback requirements shall be determined in accordance with the provisions of section 10-5-5 of this title.
10-4C-7: UTILITY REQUIREMENTS:
All dwellings and other structures used for human occupancy shall be served with adequate utilities, as follows:
A. The City culinary water system.
B. The City sanitary sewer system.
C. Electric, natural gas and telecommunication systems.
D. The City pressurized irrigation system.
E. The City stormwater system. (Ord. 06-19-2018B, 6-19-2018)
10-4C-8: DWELLING REQUIREMENTS:
A. Design Elements: Each dwelling shall conform to the following:
1. Dwellings shall conform to the provisions of the adopted Design Guidelines dictating the design elements for all approved lots within the subdivision. Design Guidelines shall dictate the following design elements:
a. Roof pitch;
b. Facade treatment;
c. Minimum home size;
d. Prohibited items.
B. Height Of Building:
1. The maximum height of any dwelling shall be thirty five feet (35') in height as measured to the ridgeline of the roof. The dwelling height shall be measured from the highest finished grade of the ground surface adjacent to the foundation of the structure from the elevation to the ridgeline. The height of all accessory structures shall comply with the provisions of sections 10-5-29 and 10-5-30 of this title.
2. Chimneys, television antennas, and similar ancillary structure not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of ten feet (10').
3. The minimum height of a building used as a dwelling shall be not less than fifteen feet (15').
C. Off Street Parking:
1. Not less than two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space.
2. Not less than two (2) off street parking spaces appurtenant to a dwelling shall be enclosed within a garage.
3. Parking of recreational vehicles, boats, trailers, etc., is permitted within the optional enclosure area, in a private driveway or directly adjacent to the garage/driveway on an approved surface.
D. Special Provisions: All dwellings shall conform to the special provisions relating to dwellings set forth under section 10-5-5 of this title. (Ord. 06-19-2018B, 6-19-2018)
10-4C-9: DEVELOPMENT AGREEMENT:
The City has entered into a Development Agreement contemporaneously with the adoption of this PD-1 Zone and zoning the property PD-1. The Development Agreement specifies the following development standards for the PD-1 Zone:
A. Number Of Residential Units: The maximum number of residential units allowed shall be eighty (80) single family units.
B. Height/Setbacks/Landscaping/Fencing/Trails/Open Space/Lighting/Architectural Style/Parking And Other Design Aspects Of The Residential Units: The height, setbacks, fencing, trails, open space, lighting, architectural style and all other design aspects of the residential structures in the PD-1 Zone shall be as specified in the Design Guidelines.
C. Commercial Building And Uses: All aspects of the development of the commercial building shown on exhibit C to the Development Agreement shall be as specified in the Design Guidelines. All commercial buildings shall be limited to the area identified in exhibit C to the Development Agreement. The development of the commercial portion of the PD-1 Zone shall be subject to all provisions adopted by chapter 6, article A of this title. (Ord. 06-19-2018B, 6-19-2018)
10-4D-1: LEGISLATIVE INTENT:
A. The H-1 hillside development zone includes those areas of the city that, as the result of the presence of steep slope, soil characteristics, flood hazard, mudflow or earthquake potential, wildfire hazard or similar adverse natural conditions, are considered environmentally fragile.
B. It is hereby declared that the intent and purpose of the city council in establishing the H-1 hillside development zone is to:
1. Delineate environmentally sensitive areas within the city and to establish standards and guidelines for the uses and development activities occurring therein that recognize and appropriately balance: a) the need for the preservation of the natural environmental conditions; b) the need for mitigation of potentially adverse or unsafe conditions arising from development activities; c) the protection of the interests of subsequent purchasers and occupants; and d) the rights of current owners to the reasonable use of their property.
2. Avoid or mitigate the effect of natural hazard from earthquake, landslide, flood, fire and similar calamities, and to reduce the potential for subsequent public involvement or expenditure in mitigation of such adverse or unsafe conditions occurring as a result of disruption of natural conditions from development activity.
3. Protect and conserve the culinary water supply, sensitive vegetation, soil, wildlife habitat and other natural resources within the area.
4. Facilitate and encourage the location, design and construction of uses, development projects and building sites in the zone area that provide maximum safety and human enjoyment consistent with the natural limitations and the need for protection of the environment.
5. Preserve the aesthetic appearance of the landscape. Because of the fragile nature of the land in this zone, special conditions and requirements are attached to developments occurring therein to promote the implementation of the purposes stated above and to mitigate the potential adverse aspects of developments in the area. The requirements hereinafter set forth are considered the minimum required for the accomplishments of the intent of this zone. (Ord. 1-13-93A, 1-13-1993)
10-4D-2: PERMITTED USES:
The following uses of land shall be permitted upon compliance with the applicable standards and conditions set forth in this title:
Buildings and other structures for the storage and keeping of agricultural products and machinery.
Churches.
Customary household pets, but not including kennels.
Customary residential accessory structures that are an integral part of and incidental to an approved dwelling.
Production of crops and fruits in the field.
Public park and recreation developments. (Ord. 1-13-93A, 1-13-1993; amd. Ord. 8-5-2003A, 8-5-2003; Ord. 4-6-2004A, 4-6-2004; 2004 Code; Ord. 7-8-2008B, 7-8-2008)
10-4D-3: CONDITIONAL USES:
The following buildings, structures and uses of land may be permitted upon compliance with the standards and conditions set forth in this title and after approval has been given by the designated review body:
Accessory apartment.
Assisted living facility for elderly persons.
Fences, walls and hedges subject to the requirements of section 10-5-18 of this title.
Home occupations, subject to the provisions of title 3, chapter 1, article B of this code.
Large animal units. All barns, sheds, coops, pens, hutches, paddocks, stables, corrals or similar structures used for the enclosure, housing, or confinement of animals in a large animal unit shall be located not less than one hundred feet (100') to an existing dwelling on an adjacent lot.
Minor utility transmission lines and facilities included as an integral part of an approved subdivision or planned residential development within the zone.
Motor vehicle roads and rights of way subject to compliance with city standards for design and construction for such uses and upon approval of a site plan by the planning commission.
Planned residential developments subject to compliance with the applicable requirements of chapter 6, article B of this title.
Premises occupations, subject to the provisions of section 3-1E-1 of this code.
Single-family dwellings, conventional construction, subject to compliance with the conditions of the zone and approval of a site plan by the planning commission.
Small animal units. See section 10-5-33, "Small Animals Or Fowl", of this title.
Townsite residential projects, subject to the provisions of chapter 6, article D of this title. (Ord. 1-13-93A, 1-13-1993; amd. Ord. 2-17-98A, 2-17-1998; Ord. 8-17-2000A, 8-17-2000; 2004 Code; Ord. 9-18-2007A, 9-18-2007; Ord. 7-8-2008B, 7-8-2008; Ord. 1-19-2010A, 1-19-2010; Ord. 11-9-2010B, 11-9-2010; Ord. 9-20-2011B, 9-20-2011; Ord. 1-3-2012B, 1-3-2012, eff. 2-21-2012)
10-4D-4: DENSITY, AREA AND WIDTH REQUIREMENTS:
The maximum residential subdivision project density, and minimum lot area and width requirements of a zoning lot shall be as set forth in the following schedule: (Ord. 1-13-93A, 1-13-1993)
A. When each lot is contained within an approved subdivision project:
Use | Maximum Project Density | Minimum Lot Area | Minimum Lot Width |
Single-family dwellings | 1 lot for every 1 acre of buildable area in project Plus 1 lot for every 10 acres of nonbuildable area in the project | 80 acre | 130 feet |
Churches | 2.5 acres | 200 feet |
(Ord. 8-5-2003A, 8-5-2003)
B. When the lot is not included as part of an approved subdivision project and is legally exempt therefrom:
Use | Minimum Lot Area | Minimum Lot Width |
Single-family dwellings | 1 acre | 130 feet |
(Ord. 1-13-93A, 1-13-1993)
10-4D-5: ACCESS REQUIREMENTS:
Each lot shall abut upon and have direct access to a city maintained street that is shown on the official street map or that has been formally accepted by action of the city council. The distance of said abutting side shall be not less than the minimum lot width requirement of the zone except that the length of said abutting side may be reduced to not less than eighty feet (80') when:
A. The lot has been approved by the planning commission as a "flag lot", as defined in section 10-5-12 of this title; and provided, the lot, excluding the stem portion, conforms to the minimum area and width requirements of the zone; or
B. The lot fronts upon a cul-de-sac or curve in a designated city street and the side lot lines radiate in such a manner that the width of the lot, measured between the side lot lines at points one hundred sixty feet (160') from the front lot line, will meet or exceed the minimum width requirements of the zone. (Ord. 1-13-93A, 1-13-1993; amd. 2004 Code)
10-4D-6: LOCATION REQUIREMENTS:
A. Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:
1. Front Setback: All dwellings and other structures shall be set back not less than fifty feet (50') from the front lot line; provided, that on lots qualifying under the provisions of subsection 10-4D-5B of this article, the front setback shall be the distance from the front lot line at which the minimum width requirements are met, but not less than fifty feet (50').
2. Side And Rear Setback: All dwellings and other structures shall be set back not less than fifty feet (50') from the side or rear lot line.
B. Accessory Buildings: Accessory buildings shall be set back not less than fifty feet (50') from any lot line that abuts upon a street and not less than five feet (5') from any interior lot line. (Ord. 1-13-93A, 1-13-1993)
10-4D-7: UTILITY REQUIREMENTS:
A. All structures used for human occupancy shall be served by the city culinary water system at a rate of flow and pressure sufficient for both culinary and firefighting purposes. (Ord. 7-7-98A, 7-7-1998)
B. All dwellings and other structures intended for human occupancy shall be served by the city central sewage collection system. (Ord. 1-13-93A, 1-13-1993)
C. Electric, natural gas and telephone systems.
D. The city pressurized irrigation system.
E. The city storm water system. (2004 Code)
10-4D-8: BUILDABLE AREA REQUIRED:
All buildings to be located on a buildable area. Each lot shall contain at least one area of not less than twelve thousand (12,000) square feet that qualifies as a "buildable area", as defined in section 10-2-1 of this title, and that is accessible over a driveway having a width of not less than twelve feet (12') and conforming to the minimum standards of subdivision streets with respect to slope, grading, drainage and design features. The site plan required pursuant to section 10-4D-3 of this article (single-family dwellings) shall delineate the location of the territory qualifying as buildable area and also the alignment of the proposed driveway access. All dwellings and other habitable structures and accessory buildings shall be located within the designated buildable area. For purposes of determining compliance herewith, any territory that has been graded to produce a slope of less than thirty percent (30%) shall be excluded. (Ord. 1-13-93A, 1-13-1993)
10-4D-9: DWELLING AND STRUCTURAL REQUIREMENTS:
A. Area Of Dwelling: Each dwelling shall conform to the requirements for dwellings in the R-1-15,000 residential zone, subsections 10-4B-8A and B of this chapter. (Ord. 1-13-93A, 1-13-1993; amd. Ord. 2-17-98A, 2-17-1998)
B. Construction Standards: All dwellings and other structures intended for human occupancy shall be constructed in accordance with the applicable seismic requirements of the adopted building code.
C. Location On Fault Traces Prohibited; Minimum Setbacks To Be Determined: No portion of a dwelling or other structure intended for human occupancy shall be located over any identified fault trace or zone of deformation. The minimum setback distance from any fault trace or zone of deformation, or from the base or crest of any potentially unstable slope, shall be as established by the city engineer following the receipt of a recommendation on the subject from the geotechnical engineer as part of the technical report. (Ord. 1-13-93A, 1-13-1993; amd. 2004 Code)
D. Height Of Building:
1. The maximum height of any dwelling shall be thirty five feet (35') in height as measured to the ridgeline of the roof. The maximum height of any accessory building shall be twenty feet (20') to the ridgeline of the roof. An additional five feet (5') in building height may be granted by the Zoning Administrator for lots exceeding the minimum square footage requirement by a factor of two (2), should the proposed accessory building comply with the building setback requirements of a main dwelling in the underlying zone. At no time shall an accessory structure exceed twenty five feet (25') in height. Both the dwelling and the accessory building height shall be measured from the highest finished grade of the ground surface adjacent to the foundation of the structure from the front elevation to the ridgeline. (2004 Code)
2. Chimneys, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of ten feet (10') above the building. (Ord. 3-20-2012B, 3-20-2012)
3. The minimum height of a building used as a dwelling shall be not less than eight feet (8'). (2004 Code)
E. Off Street Parking:
1. Not less than two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space.
2. Not less than two (2) off street parking spaces appurtenant to a dwelling shall be enclosed within a garage.
3. Parking of recreational vehicles, boats, trailers, etc., is permitted within the optional enclosure area, in a private driveway or directly adjacent to the garage/driveway on an approved surface. (Ord. 10-20-2009C, 10-20-2009)
10-4D-10: SPECIAL PROVISIONS:
A. Grading: No grading, filling or excavation of any kind shall be commenced on land within the zone without first having obtained a grading permit from the city engineer, who shall not issue such permit until a grading plan, endorsed by a licensed civil engineer, shall have been approved in accordance with the provisions of section 10-4D-11 of this article. All land surface having a slope of thirty percent (30%) or greater shall remain in its natural state and shall not be graded or otherwise disturbed, except for the planting of additional vegetation, the addition of sprinkler irrigation systems, the establishment of required fire breaks or access easements, or when such disturbance is specifically provided for under an approved site plan.
B. Landscaping: Natural vegetative material shall not be removed, except for those portions of the site to be committed to the dwelling and attendant yard area, required roadways, driveways and for firebreaks. All areas proposed for removal of vegetative materials shall be shown on the site plan. (Ord. 1-13-93A, 1-13-1993; amd. 2004 Code)
10-4D-11: APPROVAL PROCEDURE AND REQUIREMENTS:
A. Site Plan: Wherever the terms of this zone require submission and approval of a site plan, said plan shall be approved by the planning commission as a conditional use.
B. Technical Reports:
1. In addition to other materials required for submission, the site plan shall be accompanied by copies of the following technical reports and plans:
a. Geotechnical report;
b. Engineering geology report;
c. Grading and drainage plan;
d. Natural conditions analysis map.
2. The scope and content of these required technical reports and plans shall be in accordance with city standards as approved by the city engineer. The planning commission, subject to the prior recommendation of the city engineer, may waive the necessity for submitting one or more of the technical reports or any element of a report where, in his opinion, conditions associated with the proposed development do not require consideration of the subject matter covered. Also, where the lot is contained within an approved subdivision and the technical reports previously submitted as part of the subdivision process are sufficient in scope and detail to adequately address the issues required under this title, this requirement may be waived.
C. City Engineer To Review Technical Reports:
1. The plans and technical reports required herein shall be reviewed by the city engineer for the purpose of making a determination as to the adequacy of the reports and recommendations relating to the proposed project. Prior to the time of action by the planning commission, the city engineer shall provide to the planning commission a written or oral report of the results and conclusions of the review, together with any recommendation or amendment of the technical reports.
2. If the city engineer concludes that the determinations required by this title require further review by professionals having qualifications not possessed by the city staff, he may designate a qualified person to make the required determination. Any person dissatisfied with a determination made by the city engineer may appeal the same within thirty (30) days to the city council.
D. Project Evaluation Guidelines:
1. The planning commission shall review the site plan, technical reports and recommendations of the city engineer and shall approve the application upon a finding that:
a. All the plan submissions and technical reports required for review and consideration have been submitted and in a form suitable for evaluation by the city and the evaluation of conditions and the recommendations for mitigation provided by the technical reports are reasonably adequate to accomplish the intent of the zone.
b. The plan conforms, in all respects, to applicable city requirements, standards and criteria.
c. The location and arrangement of the buildings, roadways, open areas and other elements of the development duly recognize and accommodate the natural conditions present and construction of such elements will not result in the creation of an adverse or unsafe condition.
d. The development will accomplish and preserve the intent of the zone.
2. The city may require changes in the plan in order to more fully accomplish the intent of the zone. Such changes may include, but are not limited to, adjustments in the boundaries of the buildable area and changes in the location of roadways, structures, utility lines and similar elements. (Ord. 1-13-93A, 1-13-1993)
10-4D-12: FULL DISCLOSURE REQUIRED:
A. Disclosure Required; Penalty: It shall be unlawful for any person, directly or indirectly, in connection with the sale or offering for sale of any property located within the zone, to make any untrue statements of a material fact related to the known geologic condition of the subject property, or to omit to state a known material fact regarding a geologic condition that, under the conditions, would be misleading. Failure to abide by the terms and conditions of this section shall be punishable as a class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code.
B. Deed Disclosure Statement: As a prerequisite to the approval of a site plan and the granting of a building permit, the city may require a deed disclosure statement, recorded in the office of the county recorder that: 1) the lot may contain significant geological or other natural hazard and describing such hazard; and 2) because of the defined hazard and other natural constraints, development on portions of the lot is prohibited under city ordinance and describing by map or other means the portion of the lot so designated. (Ord. 1-13-93A, 1-13-1993; amd. 2004 Code)
10-4D-13: COSTS AND CHARGES:
All cost for processing the application and for conducting all regular and special reviews shall be borne by the applicant. The city council may, by resolution, establish fees for the administration of this article and provide for the assessment and collection thereof according to the city fee schedule. (Ord. 1-13-93A, 1-13-1993; amd. 2004 Code)
10-4E-1: LEGISLATIVE INTENT:
The SC-1 zone is established to provide an area in which the primary use of land is for commercial and service uses to serve the needs of the community and surrounding area and is located in the portion of the city most appropriately suited for the purpose. It is intended that development within the zone shall be characterized by a harmonious grouping of commercial stores and shops and essential ancillary uses (parking, signs, landscape features) architecturally designed and functioning as an integrated unit. Clean, well lighted parking lots, readily accessible from adjacent streets, and attractive, well maintained shops with significant peripheral and on site landscaping will be characteristic of development within this zone. It is the specific intent that architectural design and character of operation shall, to the maximum extent possible, be compatible with that of surrounding residential environment, and review, approval and attachment of conditions upon development within the zone will be predicated upon the accomplishment of this objective. (Ord. 10-11-95A, 10-11-1995)
10-4E-2: PERMITTED USES:
The following buildings, structures and uses of land shall be permitted, subject to compliance with applicable requirements set forth in this title:
Agriculture and the production of crops in the field.
Planned commercial development projects subject to the provisions of chapter 6, article A of this title.
Public utility rights of way and related utility facilities. (Ord. 10-11-95A, 10-11-1995; amd. 2004 Code)
10-4E-3: REGULATIONS GOVERNING COMMERCIAL USES:
A. Check Cashing And Other Credit Services:
1. Separation Requirement: No check cashing business shall be located within one mile of any other check cashing business as measured in a straight line between the closest property lines of the lots on which the business is located regardless of intervening structures or zoning districts.
2. Limitation: No more than one check cashing business or deferred deposit loan business shall be allowed for every twenty thousand (20,000) citizens living in the City of Cedar Hills.
3. Clarification: For purposes of this section, each separate physical location shall count as a check cashing business. (Ord. 2-17-2009A, 2-17-2009)
10-4E-4: TEMPORARY USE PERMIT:
A. Intent: This section is enacted to accommodate certain uses that are temporary or seasonal in nature. No person shall construct or use a temporary site or building without first obtaining approval as set forth in this section.
B. Uses: Temporary uses may include, but are not limited to, the following: carnivals, circuses, firework stands, Christmas tree lots, shaved ice stands, farmers' markets, retreats, or political rallies. All temporary uses must comply with the conditions of this section.
C. Application: The application for a temporary use permit shall be made by the property owner, lessee, contract purchaser, official, department, board, or bureau of any government. If the property owner has not signed the application, a contract purchaser or lessee must file a copy of the contract or some form of written statement that indicates the endorsement of the application by the property owner. Said agreement shall address the question of use of restroom facilities by employees, responsibility for maintenance, and restoration of the site upon termination of the use. A copy of the proposed agreement shall be part of the application.
D. Application Process: Application for a temporary use permit shall be made to the zoning administrator a minimum of thirty (30) calendar days prior to the scheduled event or temporary use is to take place. The zoning administrator shall evaluate the impact of each temporary site and will assure that the site plan is compatible with the zone in which it is to be located. The zoning administrator may require additional information deemed necessary to understand the application. The application for the temporary use shall include the following details along with a full site plan:
1. Shows location of structure;
2. Dimensions to all property boundaries and structures;
3. Shows proposed parking locations and traffic flow patterns;
4. Shows vehicular ingress and egress locations;
5. Location of restroom facilities;
6. Provides details on the exterior facade (materials, colors, etc.);
7. Signage plan to comply with section 10-5-26 of this title;
8. Include date, hours of operation and anticipated average daily traffic (i.e., number of vehicles and number of patrons);
9. Landowner agreement with owner of temporary structure;
10. Proof of insurance for the proposed use; and
11. Restoration plan of site upon termination of the temporary use.
E. Criteria: Those temporary uses that meet the following criteria in the opinion of the zoning administrator may be approved subject to the appropriate conditions. The criteria are as follows:
1. The use and/or structure complies with all applicable codes and ordinances, and has obtained the appropriate federal, state and/or county permits where applicable;
2. The use and/or structure does not interfere with pedestrian accessways, fire lanes, driveways, landscaped areas, or traffic visibility at driveways or street intersections;
3. The use and/or structures are compatible with surrounding land uses; and
4. The use and/or structures have adequate parking on the property to serve any existing permanent use and the temporary use.
F. Review: Application for a temporary use permit shall be reviewed by the zoning administrator who shall approve, conditionally approve, or disapprove such application.
G. Approval: An application for a temporary use shall only be approved if the zoning administrator finds that it meets the requirements herein. Approval may be made subject to further conditions deemed necessary to assure that all adverse impacts to the surrounding properties are minimized to the fullest extent possible. Conditions may include additional off street parking, on site landscaping, or any other physical improvements. Other conditions to be considered may include, but are not limited to, the following:
1. Conformity between the request and the general objectives of the general plan, city ordinances, and the particular zone in which the request is located;
2. Whether or not the request may be injurious to potential development in the vicinity;
3. Present and future requirements for transportation, traffic, water, sewer, and other utilities;
4. Aesthetic impact of the proposed use on the neighborhood;
5. Impact of the proposed use on health, safety and welfare of the city and persons owning property in the area;
6. The anticipated parking, dust control measures, and lighting needs for the site;
7. Regulation of site ingress and egress;
8. No indoor seating of patrons;
9. Assurance of compliance with building, fire, electrical and all other appropriate codes;
10. Written evidence from the county health department that the use will meet all health code requirements;
11. No motor vehicle, mobile home, shipping container, or trailer from which sales are transacted or product is displayed shall be accessible for the public to enter therein;
12. The location, size, and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or adversely impair the value thereof; and
13. Such other conditions deemed necessary to carry out the intent and purpose of this section.
The city shall notify the applicant of the decision in writing and shall state any conditions for approval or reasons for denial on said letter. Once a temporary use has been approved, however, the use shall not be enlarged, extended, changed, increased in intensity, or relocated unless an application is made for a new or revised temporary site plan.
H. Appeals: Upon receiving notification of the decision, the applicant, any citizen or any party in interest, aggrieved by the decision may file with the city a written notice of appeal to the city manager or designee within seven (7) calendar days of the decision. Upon appeal, all material in the matter shall be filed by the city with the city council. The council may then review the case and based upon the information, uphold the action of the staff, remand the matter back to staff with instructions for further review, or overturn the action of the staff. The council's decision shall be limited to whether or not the proposed use meets the criteria set forth in this section.
I. Additional Permit Required: The temporary use regulation of this section does not exempt the applicant or operator from any other required permits, such as business licenses or health department permits.
J. Permit Duration: All temporary use permit approvals shall be made subject to a time limit as set forth by the city.
K. Duration: Temporary uses shall be allowed for no more than a maximum thirty (30) day duration. Upon expiration of the time limit set forth at the time of approval, any continuation of the use shall require the submittal and approval of a new application. In no event shall a temporary use permit extension be granted for longer than six (6) months.
Exceptions:
1. Fast food huts for the retail sale of food items such as shaved ice, snow cones, hot dogs, tacos, soft drinks, and farmers' markets shall be permitted from May 1 to September 30.
2. Christmas tree lots shall be permitted from November 15 to December 31.
L. Design Standards:
1. No temporary use structure shall exceed a total foot print of one hundred twenty (120) square feet. The total height of the temporary structure shall not exceed a total height of ten feet (10') as measured from the highest point of the structure to the grade directly below the structure. The zoning administrator shall provide a written exception on a case by case basis to both the square footage requirement and the height requirement if the zoning administrator deems that the temporary structure will not have any undue detrimental effects on adjacent property or create blight within the city. Special consideration will be given to neighboring properties, traffic flow, light, and safety.
2. All structures shall not be permanently affixed to the ground but should be temporarily affixed to the ground with no less than four (4) points and as approved by the zoning administrator.
M. Parking:
1. All parking shall meet the off street parking standards as set forth in city ordinances, shall be based on the average daily traffic, and as specified by the zoning administrator.
2. Parking surface shall be provided on a gravel (or suitable alternative) surface rather than an asphalt or concrete parking surface. The parking size shall be adequate to meet the requirements as set forth above.
N. Revocation Of Permit: A temporary use permit shall be denied if the zoning administrator determines that the public health, safety, or welfare would be impaired, or if the applicant has not adequately addressed all requirements associated with the proposed use. A temporary use permit may be revoked if the anticipated average daily traffic is exceeded, without the approval of an amended application.
O. Cessation And/Or Expiration:
1. Upon cessation of the use or expiration of the permit, whichever occurs first, the premises will be promptly cleaned and restored to substantially the same condition existing prior to commencement of such use.
2. The applicant shall remove within seven (7) days any structure or materials used for the temporary site such as tents, poles, display bins, etc. This date may be extended to fourteen (14) days with the approval of the zoning administrator. The applicant shall restore the site to the approved original site plan. If no original site plan exists, the applicant shall restore the site to its original condition. If deemed appropriate by the zoning administrator, the landowner of the parcel shall provide a cash bond for the restoration of the site of said use to its original condition, including cleanup, replacement of facilities, and removal of any structures.
P. Fees: In order to offset a portion of the costs incurred by the city in processing temporary use permits, the applicant shall be charged a fee, as shown in the city fee schedule, at the time of application submittal. (Ord. 1-3-2012A, 1-3-2012)
10-4F-1: LEGISLATIVE INTENT:
The objective in establishing the RR-1-20,000 rural residential zone is to encourage the maintenance of a residential environment within the city characterized by large lots, surrounded by well kept lawns, trees and other plantings, and where residents may engage in limited agricultural and livestock raising pursuits for family food production and/or recreation purposes. (Ord. 5-11-83A, 5-11-1983)
10-4F-2: PERMITTED USES:
The following buildings, structures and uses of land shall be permitted upon compliance with requirements set forth in this title:
Churches.
Customary household pets, but not including kennels.
Customary residential accessory structures.
Large animal units. All barns, sheds, coops, pens, hutches, paddocks, stables, corrals or similar structures used for the enclosure, housing, or confinement of animals in a large animal unit shall be located not less than one hundred feet (100') to an existing dwelling on an adjacent lot.
Public agencies, parks and playgrounds.
Public and parochial schools and grounds.
Single-family dwellings, conventional construction.
Small animal units. See section 10-5-33, "Small Animals Or Fowl", of this title. (Ord. 5-11-83A, 5-11-1983; amd. Ord. 3-21-84, 3-21-1984; 2004 Code; Ord. 1-19-2010A, 1-19-2010; Ord. 9-20-2011B, 9-20-2011)
10-4F-3: CONDITIONAL USES:
The following buildings, structures and uses of land may be permitted upon compliance with the standards and conditions set forth in this title and after approval has been given by the designated review body:
Accessory apartment.
Assisted living facility for elderly persons.
Bed and breakfast facility, when approved by the planning commission, subject to the prior approval of a site plan for the use and a finding of compliance with the conditions and limitations set forth in section 10-5-25 of this title.
Fences, walls and hedges subject to the requirements of section 10-5-18 of this title.
Home occupations, subject to the provisions of title 3, chapter 1, article B of this code.
Premises occupations, subject to the provisions of section 3-1E-1 of this code. (2004 Code; amd. Ord. 12-7-2004D, 12-7-2004; Ord. 9-18-2007A, 9-18-2007; Ord. 7-8-2008B, 7-8-2008; Ord. 11-9-2010B, 11-9-2010; Ord. 1-3-2012B, 1-3-2012, eff. 2-21-2012)
10-4F-4: LOT AREA AND WIDTH REQUIREMENTS:
The minimum area and width requirements for a zoning lot shall be as follows:
Use | Minimum Area | Lot Width |
Single-family dwellings | 20,000 square feet | 80 feet |
Churches | 2.5 acres | 200 feet |
Schools | 5.0 acres | 200 feet |
(Ord. 5-11-83A, 5-11-1983)
10-4F-5: ACCESS REQUIREMENTS:
Each lot shall abut upon and have access to a designated city street. The distance of said abutting side shall be not less than the minimum width requirement, except as follows:
A. For interior lots that front upon a cul-de-sac or curve, the distance may be reduced to not less than thirty five feet (35'); provided, that the side lot lines radiate in such a manner that the width of the lot at the minimum setback line is not less than the minimum requirement of the zone. (Ord. 5-11-83A, 5-11-1983)
10-4F-6: LOCATION REQUIREMENTS:
Same as R-1-15,000. (Ord. 5-11-83A, 5-11-1983; amd. Ord. 2-17-98A, 2-17-1998)
10-4F-7: DWELLING REQUIREMENTS:
Same as R-1-15,000. (2004 Code)
10-4F-8: UTILITY REQUIREMENTS:
All dwellings and other structures used for human occupancy shall be served with adequate utilities, as follows:
A. The city culinary water system.
B. The city sanitary sewer system.
C. Electric, natural gas and telephone systems.
D. The city pressurized irrigation system.
E. The city stormwater system. (Ord. 7-7-98A, 7-7-1998; amd. 2004 Code)
10-4G-1: LEGISLATIVE INTENT:
A. The PR 2.2 planned residential zone covers the portion of the city that is primarily suited for residential development represented by a commingling of single-family dwellings and parks, playgrounds, schools, churches and other community facilities designed to serve the residents of the city. The zone is characterized by spacious lots of various sizes, uncrowded buildings and quiet residential conditions favorable to the rearing of children. Owners and developers of property within this zone should bear in mind that primacy is given to residential development and maintain their properties in recognition thereof.
B. The provisions of this zone are intended to implement the objectives of the medium density residential areas identified in the city general plan and are hereby declared to be consistent therewith.
C. The specific regulations necessary for the accomplishment of the intent of the zone are hereinafter set forth. (Ord. 2-17-98A, 2-17-1998)
10-4G-2: PERMITTED USES:
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title:
Buildings and other structures for the storage and keeping of agricultural products and machinery.
Customary household pets, but not including kennels.
Customary residential accessory structures that are an integral part of and incidental to an approved dwelling.
Foster care homes containing not more than four (4) foster care occupants.
Production of crops and fruits in the field.
Public agency parks and playgrounds. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code; Ord. 04-15-2014A, 4-15-2014)
10-4G-3: CONDITIONAL USES:
The following buildings, structures and uses of land may be permitted upon compliance with the standards and conditions set forth in this title and after approval has been given by the designated review body:
Accessory apartment.
Assisted living facility for elderly persons.
Fences, walls and hedges, subject to the requirements of section 10-5-18 of this title.
Flexible design subdivision projects, having a density not greater than two and five-tenths (2.5) dwelling units per net acre, subject to the provisions of chapter 6, article C of this title.
Home occupations, subject to the provisions of title 3, chapter 1 of this code.
Planned residential developments having a density not greater than two and five-tenths (2.5) dwelling units per net acre, subject to compliance with the applicable requirements of chapter 6, article B of this title.
Residential facility for handicapped persons.
Single-family dwellings when located on an existing "lot of record", subject to compliance with the provisions of section 10-4G-8 of this article, relating to minimum standards for nonconforming lots, approval of a site plan in accordance with the provisions of section 10-4G-7 of this article, and conformance with the other applicable requirements of this zone.
Single-family dwellings when located upon a lot within an approved planned residential development or flexible design subdivision, subject to approval of a site plan in accordance with the provisions of section 10-4G-7 of this article and conformance with the applicable requirements of this zone.
Small animal units. See section 10-5-33, "Small Animals Or Fowl", of this title.
Water, sewer and utility transmission lines and facilities required as an incidental part of a flexible design subdivision, planned residential development or other approved development project in the zone and subject to the approval of a site plan by the city council. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code; Ord. 9-18-2007A, 9-18-2007; Ord. 1-19-2010A, 1-19-2010; Ord. 11-9-2010B, 11-9-2010; Ord. 9-20-2011B, 9-20-2011; Ord. 1-3-2012B, 1-3-2012, eff. 2-21-2012)
10-4G-4: LOCATION REQUIREMENTS:
All buildings shall be located within the designated building envelope as shown on the final plat of a planned residential development or flexible subdivision project, or as established in accordance with the provisions of section 10-4G-7 of this article; except, where no designated setback envelope has been established, all buildings shall be located in accordance with the following: (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
A. Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:
1. Front Setback: All dwellings and other main buildings shall be set back not less than thirty feet (30') from the front lot line that abuts on any existing or proposed public street.
2. Side Setback:
a. Interior Lots: All dwellings and other main buildings, including any attached garage or similar structure, shall be set back not less than ten feet (10') from any side lot line and the combined total setback distance of the opposite side setbacks shall be not less than twenty four feet (24'). (Ord. 2-17-98A, 2-17-1998)
b. Corner Lots; Side Abutting A Street: All dwellings and other main buildings shall be set back not less than thirty feet (30') from the side lot line that abuts on an existing or proposed street, except that in the instance of corner lots in subdivisions approved prior to June 1, 1998, and having a lot width of ninety five feet (95') or less, the side setback requirement adjacent to a street shall be reduced to twenty five feet (25'). (Ord. 7-7-98A, 7-7-1998)
3. Rear Setback:
a. Interior Lots: All dwellings or other main buildings shall be set back not less than twenty five feet (25') from the rear lot line.
b. Corner Lots: All dwellings and other main buildings shall be set back not less than twenty five feet (25') from the rear lot line, except that where a garage is attached to the rear of the dwelling, the required rear setback for said garage may be reduced to not less than twelve feet (12') as measured from the rear lot line to the closest part of the building. (Ord. 2-17-98A, 2-17-1998)
4. Measurement Of Setbacks: Compliance with minimum setback requirements shall be determined in accordance with the provisions of section 10-5-5 of this title. (Ord. 7-7-98A, 7-7-1998)
B. Accessory Buildings: All accessory buildings shall be located in accordance with the following:
1. Setback From Main Building; Front Setback: Accessory buildings shall be set back not less than twelve feet (12') to the rear of the closest rear wall of the main building, and not less than twelve feet (12') from the closest side wall of the main building. Accessory buildings that are located twelve feet (12') or closer to a main building shall be considered as part of the main building. Where no main building exists on a lot, a detached accessory building shall be set back not less than seventy five feet (75') from the front lot line.
2. Side Setback; Corner Lot, Side Abutting A Street: Accessory buildings shall be set back not less than thirty feet (30') from the side lot line that abuts on a street.
3. Side And Rear Setback; Interior Lot Line: Accessory buildings shall be set back not less than five feet (5') from any interior side or rear lot line. (Ord. 2-17-98A, 2-17-1998)
10-4G-5: UTILITY REQUIREMENTS:
All dwellings and other structures used for human occupancy shall be served with adequate utilities, as follows:
A. The city culinary water system.
B. The city sanitary sewer system.
C. Electric, natural gas and telephone systems.
D. The city pressurized irrigation system.
E. The city stormwater system. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
10-4G-6: DWELLING REQUIREMENTS:
A. Area Of Dwellings: Each dwelling shall conform to one of the following:
1. The dwelling shall contain a main floor living area of not less than one thousand two hundred (1,200) square feet; or
2. The dwelling shall meet or exceed all of the following:
a. The dwelling shall have a total "building footprint area" of not less than one thousand four hundred (1,400) square feet as measured from the outside of the foundation wall; and
b. Not less than one thousand (1,000) square feet of the "building footprint area" shall be devoted exclusively to living space (portions of the footprint area occupied by garages, porches, breezeways and similar areas shall be excluded); and
c. The dwelling shall contain a total living area of not less than one thousand eight hundred (1,800) square feet located on building floors or levels, located entirely above the finished grade of the ground surface adjacent to the foundation of the structure.
B. Minimum Dimension: The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than twenty four feet (24'). Nonliving spaces such as garages, porches and sheds shall not be included in determining compliance with this requirement. (Ord. 2-17-98A, 2-17-1998)
C. Height Of Building:
1. The maximum height of any dwelling shall be thirty five feet (35') in height as measured to the ridgeline of the roof. The maximum height of any accessory building shall be twenty feet (20') to the ridgeline of the roof. Both the dwelling and the accessory building height shall be measured from the highest finished grade of the ground surface adjacent to the foundation of the structure from the front elevation to the ridgeline. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
2. Chimneys, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of ten feet (10') above the building. (Ord. 3-20-2012B, 3-20-2012)
3. The minimum height of a building used as a dwelling shall be not less than eight feet (8'). (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
D. Off Street Parking:
1. Not less than two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space.
2. Not less than two (2) off street parking spaces appurtenant to a dwelling shall be enclosed within a garage.
3. Parking of recreational vehicles, boats, trailers, etc., is permitted within the optional enclosure area, in a private driveway or directly adjacent to the garage/driveway on an approved surface. (Ord. 10-20-2009C, 10-20-2009)
E. Conformance With Special Dwelling Requirements: All dwellings shall conform to the special provisions relating to dwellings set forth under section 10-5-5 of this title. (Ord. 2-17-98A, 2-17-1998; amd. 2004 Code)
10-4G-7: SPECIAL PROVISIONS:
A. Designated Setback Envelope: All dwellings shall be located within the limits of a designated setback envelope as shown on the final plat of a planned residential development, flexible subdivision project or otherwise established pursuant to the provisions of this title.
B. Location Of Designated Setback Area: Where a site plan is required pursuant to the terms of this title, said plan shall delineate the location of the designated setback area.
C. Review Of Site Plan; Findings: The planning commission or city council, as applicable, shall review the site plan and the recommendations of the city engineer, and any technical reports submitted in connection with a request for adjustment of the standards or criteria of this title, and shall approve the application only upon a finding that:
1. All the plan submissions necessary for an adequate review and decision shall have been submitted and in a form suitable for evaluation by the city.
2. That the plan conforms, in all respects, to applicable city requirements, standards and criteria.
3. The location and arrangement of the buildings, roadways, open areas and other elements of the development duly recognize and accommodate the natural conditions present and construction of such elements will not result in the creation of an adverse or unsafe condition.
4. The development will accomplish and preserve the intent of the zone.
D. Changes May Be Required: The city may require changes in the plan in order to more fully accomplish the intent of the zone. Such changes may include, but are not limited to, adjustments in the boundaries of the designated setback area and changes in the location of roadways, structures and similar elements. (Ord. 2-17-98A, 2-17-1998)
10-4G-8: MINIMUM STANDARDS FOR DEVELOPMENT ON NONCONFORMING LOTS OF RECORD:
Pursuant to the provisions of section 10-4G-3 of this article (single-family dwellings when located on an existing "lot of record"), a dwelling may be constructed upon a nonconforming lot of record, situated outside the boundaries of a planned residential development or flexible subdivision project, subject to conformance with the following minimum standards and requirements. These standards shall be in addition to the minimum requirements applicable within the zone (i.e., utility, dwelling, special provisions, etc.):
A. The parcel shall qualify as a "nonconforming lot of record", as defined in section 10-2-1 of this title.
B. The nonconforming lot shall abut upon and have direct access to a city maintained street. The distance of the abutting side shall be not less than one hundred feet (100'), except as follows: 1) the length of the abutting side may be reduced to not less than sixty feet (60') in instances where the lot fronts upon a cul-de-sac or curve and the side lot lines radiate in such a manner that the width of the lot measured at a point not less than forty feet (40') from the front lot line will meet the minimum width requirements of this section; or 2) the lot qualifies and is approved as a "flag lot" in accordance with the provisions of section 10-5-12 of this title.
C. The proposed dwelling and all accessory buildings shall be located within a designated setback envelope. The boundaries of said designated setback envelope shall conform to the setback requirements of the zone or shall have been granted a variance therefrom by the hearing officer.
D. Not more than one dwelling and appurtenant accessory buildings shall be constructed on any nonconforming lot. Any development that proposes a division of territory within a nonconforming lot shall be considered as a proposed planned residential development or flexible subdivision project and shall conform to the provisions relating thereto.
(Ord. 2-17-98A, 2-17-1998; amd. 2004 Code; Ord. 07-07-2020A, 7-7-2020)
10-4H-1: LEGISLATIVE INTENT:
A. The PR 3.4 planned residential zone is established to provide areas within the city providing an environment suitable for family life. Typical uses within the zone are a combination of single-family detached housing units and also attached housing units located in a coordinated design setting, together with a commingling of parks, playgrounds, schools, churches and other community facilities designed to serve the residents of the city. The zone is characterized by dwellings interspersed with significant amounts of park and open space areas, at densities approximately the same as for the R-1-11,000 zone, but with the opportunity for increased flexibility in the layout of land development projects. Owners and developers of property within the zone should bear in mind that primacy is given to residential development and maintain their properties in recognition thereof.
B. The specific regulations necessary for the accomplishment of the intent of the zone are hereinafter set forth. (Ord. 3-2-99D, 3-2-1999)
10-4H-2: PERMITTED USES:
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title:
Buildings and other structures for the storage and keeping of agricultural products and machinery.
Customary household pets, but not including kennels.
Customary residential accessory structures that are an integral part of and incidental to an approved dwelling.
Foster care homes containing not more than four (4) foster care occupants.
Production of crops and fruits in the field.
Public agency park and playgrounds. (Ord. 3-2-99D, 3-2-1999; amd. 2004 Code; Ord. 04-15-2014A, 4-15-2014)
10-4H-3: CONDITIONAL USES:
The following buildings, structures and uses of land may be permitted upon compliance with the standards and conditions set forth in this title and after approval has been given by the designated review body:
Accessory apartment.
Assisted living facility for elderly persons.
Fences, walls and hedges, subject to the requirements of section 10-5-18 of this title.
Home occupations, subject to the provisions of title 3, chapter 1 of this code.
Planned residential developments, subject to compliance with the applicable requirements of chapter 6, article B of this title.
Residential facility for handicapped persons.
Single-family dwellings when located on an existing "lot of record", subject to compliance with the provisions of section 10-4H-8 of this article relating to minimum standards for nonconforming lots, approval of a site plan in accordance with the provisions of section 10-4H-7 of this article, and conformance with the other applicable requirements of this zone.
Single-family dwellings when located upon a lot within an approved planned residential development, subject to approval of a site plan in accordance with the provisions of section 10-4H-7 of this article and conformance with the applicable requirements of this zone.
Small animal units. See section 10-5-33, "Small Animals Or Fowl", of this title.
Water, sewer and utility transmission lines and facilities required as an incidental part of a flexible design subdivision, planned residential development or other approved development project in the zone and subject to the approval of a site plan by the city council. (Ord. 3-2-99D, 3-2-1999; amd. 2004 Code; Ord. 9-18-2007A, 9-18-2007; Ord. 1-19-2010A, 1-19-2010; Ord. 11-9-2010B, 11-9-2010; Ord. 9-20-2011B, 9-20-2011; Ord. 1-3-2012B, 1-3-2012, eff. 2-21-2012)
10-4H-4: LOCATION REQUIREMENTS:
All buildings shall be located within the designated building envelope as shown on the final plat of a planned residential development or flexible subdivision project, as established in accordance with the provisions of section 10-4H-7 of this article; except, where no designated setback envelope has been established, all buildings shall be located in accordance with the following: (Ord. 3-2-99D, 3-2-1999; amd. 2004 Code)
A. Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:
1. Front Setback: All dwellings and other main buildings shall be set back not less than thirty feet (30') from the front lot line that abuts on any existing or proposed public street.
2. Side Setback:
a. Interior Lots: All dwellings and other main buildings, including any attached garage or similar structure, shall be set back not less than ten feet (10') from any side lot line and the combined total setback distance of the opposite side setbacks shall be not less than twenty four feet (24').
b. Corner Lots; Side Abutting A Street: All dwellings and other main buildings shall be set back not less than thirty feet (30') from the side lot line that abuts on any existing or proposed public street.
3. Rear Setback:
a. Interior Lots: All dwellings or other main buildings shall be set back not less than twenty five feet (25') from the rear lot line.
b. Corner Lots: All dwellings and other main buildings shall be set back not less than twenty five feet (25') from the rear lot line, except that where a garage is attached to the rear of the dwelling, the required rear setback for said garage may be reduced to not less than twelve feet (12') as measured from the rear lot line to the closest part of the building.
B. Accessory Buildings: All accessory buildings shall be located in accordance with the following:
1. Setback From Main Building; Front Setback: Accessory buildings shall be set back not less than twelve feet (12') to the rear of the closest rear wall of the main building, and not less than twelve feet (12') from the closest side wall of the main building. Accessory buildings that are located twelve feet (12') or closer to a main building shall be considered as part of the main building. Where no main building exists on a lot, a detached accessory building shall be set back not less than seventy five feet (75') from the front lot line.
2. Side Setback; Corner Lot, Side Abutting A Street: Accessory buildings shall be set back not less than thirty feet (30') from the side lot line that abuts on a street.
3. Side And Rear Setback; Interior Lot Line: Accessory buildings shall be set back not less than five feet (5') from any interior side or rear lot line. (Ord. 3-2-99D, 3-2-1999)
10-4H-5: UTILITY REQUIREMENTS:
All dwellings and other structures used for human occupancy shall be served with adequate utilities, as follows:
A. The city culinary water system.
B. The city sanitary sewer system.
C. Electric, natural gas and telephone systems.
D. The city pressurized irrigation system.
E. The city stormwater system. (Ord. 3-2-99D, 3-2-1999; amd. 2004 Code)
10-4H-6: DWELLING REQUIREMENTS:
A. Area Of Dwellings:
1. Single-Family Detached: Each dwelling shall conform to one of the following:
a. The dwelling shall contain a main floor living area of not less than one thousand two hundred (1,200) square feet; or
b. The dwelling shall meet or exceed all of the following:
(1) The dwelling shall have a total "building footprint area" of not less than one thousand four hundred (1,400) square feet as measured from the outside of the foundation wall; and
(2) Not less than one thousand (1,000) square feet of the "building footprint area" shall be devoted exclusively to living space (portions of the footprint area occupied by garages, porches, breezeways and similar areas shall be excluded); and
(3) The dwelling shall contain a total living area of not less than one thousand eight hundred (1,800) square feet located on building floors or levels, located entirely above the finished grade of the ground surface adjacent to the foundation of the structure.
2. Twin Homes (Duplex) And Multi-Dwelling Structures: Each dwelling unit shall contain a total living area of not less than one thousand (1,000) square feet.
B. Minimum Dimension: The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than twenty four feet (24'). Nonliving spaces such as garages, porches and sheds shall not be included in determining compliance with this requirement. (Ord. 3-2-99D, 3-2-1999)
C. Height Of Building:
1. The maximum height of any dwelling shall be thirty five feet (35') in height as measured to the ridgeline of the roof. The maximum height of any accessory building shall be twenty feet (20') to the ridgeline of the roof. Both the dwelling and the accessory building height shall be measured from the highest finished grade of the ground surface adjacent to the foundation of the structure from the front elevation to the ridgeline. (Ord. 3-2-99D, 3-2-1999; amd. 2004 Code)
2. Chimneys, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of ten feet (10') above the building. (Ord. 3-20-2012B, 3-20-2012)
3. The minimum height of a building used as a dwelling shall be not less than eight feet (8'). (Ord. 3-2-99D, 3-2-1999; amd. 2004 Code)
D. Off Street Parking:
1. Not less than two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space.
2. Not less than two (2) off street parking spaces appurtenant to a dwelling shall be enclosed within a garage.
3. Parking of recreational vehicles, boats, trailers, etc., is permitted within the optional enclosure area, in a private driveway or directly adjacent to the garage/driveway on an approved surface. (Ord. 10-20-2009C, 10-20-2009)
E. Conformance With Special Dwelling Requirements: In addition to the requirements herein set forth, all dwellings shall conform to the special provisions relating to dwellings set forth under section 10-5-5 of this title. (Ord. 3-2-99D, 3-2-1999)
10-4H-7: SPECIAL PROVISIONS:
A. Designated Setback Envelope: All dwellings shall be located within the limits of a designated setback envelope as shown on the final plat of a planned residential development project or otherwise established pursuant to the provisions of this title.
B. Location Of Designated Setback Area: Where a site plan is required pursuant to the terms of this title, said plan shall delineate the location of the designated setback area.
C. Review Of Site Plan; Findings: The planning commission or city council, as applicable, shall review the site plan and the recommendations of the city engineer, and any technical reports submitted in connection with a request for adjustment of the standards or criteria of this title, and shall approve the application only upon a finding that:
1. All the plan submissions necessary for an adequate review and decision shall have been submitted and in a form suitable for evaluation by the city.
2. That the plan conforms, in all respects, to applicable city requirements, standards and criteria.
3. The location and arrangement of the buildings, roadways, open areas and other elements of the development duly recognize and accommodate the natural conditions present and construction of such elements will not result in the creation of an adverse or unsafe condition.
4. The development will accomplish and preserve the intent of the zone.
D. Changes May Be Required: The city may require changes in the plan in order to more fully accomplish the intent of the zone. Such changes may include, but are not limited to, adjustments in the boundaries of the designated setback area and changes in the location of roadways, structures and similar elements. (Ord. 3-2-99D, 3-2-1999)
10-4H-8: MINIMUM STANDARDS FOR DEVELOPMENT ON NONCONFORMING LOTS OF RECORD:
Pursuant to the provisions of section 10-4H-3 of this article (single-family dwellings when located on an existing "lot of record"), a dwelling may be constructed upon a nonconforming lot of record, situated outside the boundaries of a planned residential development, subject to conformance with the following minimum standards and requirements. These standards shall be in addition to the minimum requirements applicable within the zone (i.e., utility, dwelling, special provisions, etc.):
A. The parcel shall qualify as a "nonconforming lot of record", as defined in section 10-2-1 of this title.
B. The nonconforming lot shall abut upon and have direct access to a city maintained street. The distance of the abutting side shall be not less than one hundred feet (100'), except as follows: 1) the length of the abutting side may be reduced to not less than sixty feet (60') in instances where the lot fronts upon a cul-de-sac or curve and the side lot lines radiate in such a manner that the width of the lot measured at a point not less than forty feet (40') from the front lot line will meet the minimum width requirements of this section; or 2) the lot qualifies and is approved as a "flag lot" in accordance with the provisions of section 10-5-12 of this title.
C. The proposed dwelling and all accessory buildings shall be located within a designated setback envelope. The boundaries of said designated setback envelope shall conform to the setback requirements of the zone or shall have been granted a variance therefrom by the hearing officer.
D. Not more than one dwelling and appurtenant accessory buildings shall be constructed on any nonconforming lot. Any development that proposes a division of territory with a nonconforming lot shall be considered as a proposed planned residential development or flexible subdivision project and shall conform to the provisions relating thereto.
(Ord. 3-2-99D, 3-2-1999; amd. 2004 Code; Ord. 07-07-2020A, 7-7-2020)
10-4I-1: LEGISLATIVE INTENT:
A. The TR-1 townsite residential zone is established to provide for the coordinated planning and development of large areas within the city. Typical uses within the zone are a combination of single-family detached housing units and also attached housing units located in a coordinated design setting, together with a commingling of parks and open space areas, playgrounds, schools, churches and other private and community facilities designed to serve the residents of the city and neighborhood. The zone is characterized by dwellings interspersed with significant amounts of park and open space areas at a base density of approximately one dwelling unit per acre, but with the opportunity for a substantial increase in density above the base density, through a combination of factors, including, but not limited to, extensive clustering of residential and other urban uses; use of innovative design concepts that will result in an increased sense of community within the project area and decreased need for public funding of services to the area; preparation of a coordinated design within the project area and surrounding territory that effectively accommodates the physical constraints to development within and adjacent to the project area (i.e., steep slopes, existing highways, flood areas, drainage channels, etc.); providing increased levels of open space area and amenities above the base required amount; and providing unique and extensive project and/or community amenities and facilities. (Ord. 8-17-2000A, 8-17-2000; amd. 2004 Code)
B. The zone is consistent with and intended to facilitate implementation of the areas designated on the general plan as planned townsite projects. Owners and developers of property within this zone should bear in mind that primacy is given to residential development and other complementary facilities such as schools, churches, recreational facilities and open space and should maintain their properties in recognition thereof.
C. The specific regulations necessary for the accomplishment of the intent of the zone are hereinafter set forth. (Ord. 8-17-2000A, 8-17-2000)
10-4I-2: PERMITTED USES:
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title:
Any permitted use within the R-1-15,000 residential zone, subject to the applicable requirements for such use as set forth therein. (Ord. 8-17-2000A, 8-17-2000; amd. 2004 Code)
10-4I-3: CONDITIONAL USES:
The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title, and after approval has been given by the designated review agency:
Accessory apartment.
Assisted living facility for elderly persons.
Small animal units. See section 10-5-33, "Small Animals Or Fowl", of this title.
Townsite residential projects, subject to the provisions of chapter 6, article D of this title. (Ord. 8-17-2000A, 8-17-2000; amd. Ord. 1-19-2010A, 1-19-2010; Ord. 11-9-2010B, 11-9-2010; Ord. 9-20-2011B, 9-20-2011; Ord. 1-3-2012B, 1-3-2012, eff. 2-21-2012)
10-4J-1: LEGISLATIVE INTENT:
A. The PF public facilities zone is established to provide areas for the location and establishment of facilities owned and maintained by public and quasi public entities and that utilize relatively large areas of land.
B. It is the intent of this zone district to provide for effective regulation of the placement and construction of major public systems and facilities within the city in order to ensure that said facilities will be consistent with the purposes of the general plan and be located, constructed and maintained in a manner that will further the interest of the city and its residents, and facilitate the implementation of Utah Code Annotated sections 10-9-106 and 10-9-305, as amended. (Ord. 2-17-98A, 2-17-1998)
10-4J-2: PERMITTED USES:
The following buildings, structures and uses of land shall be permitted upon compliance with applicable requirements of this title:
Cemeteries.
Electric substations.
Major electric transmission lines (above 45 kv capacity).
Municipal buildings and public works buildings and facilities.
Parks.
Schools.
Water reservoirs and storage tanks. (Ord. 2-17-98A, 2-17-1998)
10-4J-3: APPROVAL PROCEDURE:
A. Specified: Approval for the placement of the zone and for the location and layout of uses within this zone shall be obtained from the city council, following recommendation of the planning commission in the manner required for an amendment to the zoning ordinance.
B. Site Plan May Be Required: To facilitate evaluation of the potential impact from the zoning of the property and the placement of proposed use thereon, the planning commission and/or the city council may require the submittal of a site plan showing the area proposed to be included in the zone, the proposed placement of major buildings and facilities to be located on the site and provisions intended to minimize adverse impacts resulting from the construction or operation of said use. (Ord. 2-17-98A, 2-17-1998)