Clive City Zoning Code

CHAPTER 6

RESIDENTIAL DISTRICTS

11-6-1 GENERAL DESCRIPTION.

The RE, R-1, R-2, R-3, R-4, and R-5 Residential Districts are intended and designed to provide for residential areas of various densities to promote neighborhood quality of life, and to provide for those areas consistent with the Comprehensive Plan. It shall be generally recognized that the type of use is not so important as the manner in which the use is accomplished. It is intended that the district shall not be used indiscriminately to permit any use that could potentially be detrimental to the public health, welfare, and safety of the community. No temporary buildings, trailers, tents, portable, or potentially portable structures shall be used for dwelling purposes.

11-6-2 PURPOSES OF DISTRICTS.

1. RE Residential Estate. RE Residential Estate District regulations are provided to allow limited agricultural and estate single-family residential development to occur on the fringe of the developed areas of the City in order to promote the economic and efficient use of nonurbanized land and to prevent the scattering of subdivisions and over extension of public facilities and services.

2. R-1 Single-Family Residence. R-1 Single-Family Residence District regulations are provided to allow for the development of single-family dwelling units on individual platted lots with a minimum lot area of 10,000 square feet.

3. R-2 Single-Family and Duplex Family Residence. R-2 Single-Family and Duplex Family Residence District regulations are provided to allow for the development of a combination of single-family dwelling units and duplex dwelling units on individual platted lots with a minimum lot area of 8,500 square feet for single-family dwelling units and a minimum lot area of 10,000 square feet for duplex dwelling units.

4. R-3 Multiple-Family Residence. R-3 Multiple-Family Residence District regulations are provided to allow for the development of three or more dwelling units within one building or two or more dwelling units attached horizontally, on an individually platted lot with a maximum density of 16 units per acre, where ownership of the general common elements associated with the building and site are under common ownership.

5. R-4 Townhome Residence. R-4 Townhome Residence District regulations are provided to allow for the development of horizontally attached or detached dwelling units where the land or lot beneath each dwelling unit may be individually owned or owned in common by a homeowners’ association. The maximum density allowed within a townhome residence district shall be eight units per acre.

6. R-5 Single-Family Residence. R-5 Single-family Residence District regulations are provided to allow for the development of single-family dwelling units on individual platted lots with a minimum lot area of 7,500 square feet.

11-6-3 PRINCIPAL PERMITTED USES.

Principal permitted uses for residential (RE through R-5) districts are as follows:

Permitted Uses - Residential
Use	RE	R-1	R-2	R-3	R-4	R-5
Assisted living centers				P
Attached dwellings, townhomes				P	P
Community centers	SP	SP	SP	SP	SP	SP
Detached dwellings, townhomes				P	P
Driving range in conjunction with a golf course	SP	SP	SP	SP	SP	SP
Duplexes			P
General farming1	P
Golf courses	SP	SP	SP	SP	SP	SP
Independent living facilities				P
Libraries	SP	SP	SP	SP	SP	SP
Multiple-family dwellings				P
Nursing homes				SP	SP
Parks, open space	P	P	P	P	P	P
Religious institutions	SP	SP	SP	SP	SP	SP
Schools	SP	SP	SP	SP	SP	SP
Single-family residences	P	P	P	P		P
Utility substations	SP	SP	SP	SP	SP	SP
Notes: P = Principal permitted use SP = Permitted following Board of Adjustment Approval 1“General farming use” shall be defined for the purpose of this chapter as the growing of crops and raising of livestock, and excluding confined animal feeding operations. “Livestock” means less than 20 of any of the following combination of animals: cattle, sheep, swine, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption. A “confined animal feeding operation” means using a building for 45 or more days in any 12-month period to confine cattle, swine, or poultry to areas which are totally roofed for the purpose of feeding and growth prior to slaughter or, for poultry, for the additional purpose of egg production.

11-6-4 ACCESSORY USES.

The following accessory uses are permitted in residential zoned districts:

1. Accessory buildings and structures to house agricultural equipment or permitted livestock, excluding buildings and structures used for animal confinement or animal feeding operations, may be permitted in RE Residential Estate Districts subject to the following:

A. Minimum setback for any agricultural accessory building or structure shall be at least 25 feet from all property lines.

B. Maximum height for any such agricultural accessory building or structure shall be 25 feet.

C. Metal panels may be used in the construction of accessory buildings.

2. Clubhouses within a residential subdivision where ownership is maintained under a homeowners’ association. Clubhouses shall be constructed of materials similar to the principal structures within the development and shall meet all setback requirements as specified later in this chapter. Parking shall be provided at a rate of five stalls per 1,000 square feet of gross floor area.

3. Home occupations as permitted in Section 11-4-12 of this title.

4. In R-3 residential zones, developed as a senior care, congregate care facility, condominium, apartment complex, an accessory management office, retail convenience or service shop may be permitted, provided that such complex be self-governed or under similar control, contains more than 30 permanent dwelling units, provided that:

A. Such shops are located on the first floor or lower and there is no entrance to such place of business except from the inside of the building or internal courtyard.

B. Display of any stock, goods, or advertising is so arranged that it cannot be viewed from outside the building.

C. No advertising sign shall be permitted that exceeds one square foot in area.

D. Private garages which may include living quarters of domestic servants employed on the premises.

E. Private stables or other similar recreational uses may be permitted within the RE Residential Estate District.

F. Any other accessory use as determined by the Community Development Director as a use that is not detrimental to the health, safety, and general welfare of the surrounding properties.

11-6-5 ACCESSORY BUILDINGS AND STRUCTURES.

1. Accessory buildings may be constructed in residential lots as permitted in Section 11-4-7 of this title.

2. Accessory structures may be constructed in residential lots as permitted in Section 11-4-8 of this title.

11-6-6 OPEN SPACE REQUIREMENTS.

Open space requirements shall be provided consistent with the provisions outlined in Chapter 14 of this title.

11-6-7 DIMENSION REGULATIONS.

Dimension Requirements - Residential
SF	Single-family
DP	Duplex
MF	Multi-family
SU	Single unit
TU	Two unit
MU	Multi-unit

	RE	R-1	R-2	R-3	R-4	R-5
Density				16 units per acre	8 units per acre
Lot area	4 acres	10,000 square feet	8,500 square feet for SF, 10,000 square feet for DP			7,500 square feet
Lot width	80 feet	80 feet	70 feet, 75 feet DP			60 feet
Minimum front yard depth	35 feet	35 feet	30 feet	30 feet	30 feet	30 feet
Minimum rear yard depth	35 feet	35 feet	35 feet	35 feet2	30 feet1,2	35 feet
Side yard	8 feet	8 feet, See Subsection 11-6-10(2) of this chapter	8 feet, See Subsection 11-6-10(2) of this chapter	8 feet TU1,2 12.5 feet MU1,2 20 feet MF2	6 feet SU2, 8 feet TU1,2 12.5 MU1,2	8 feet
Maximum height	35 feet	35 feet	35 feet	45 feet	35 feet	35 feet
Notes: 1Except where rear or side wall is a common wall. 2Internal Setback Dimensions: In the case of zero lot line layouts, an open space shall be provided between the buildings/units such that the required front, rear, or side yard depth for each building/unit is provided (example: In an R-4 development, the required open space between the rear elevations of two single units shall be 60 feet).

11-6-8 SITE PLANS.

Site plans shall be required for all uses except single-family and duplex family residential buildings.

11-6-9 BUFFER REQUIREMENTS.

Buffer requirements shall be consistent with the requirements set forth in Chapter 14 of this title.

11-6-10 ADDITIONAL REQUIREMENTS.

1. Open Space. Each principal building of a residential complex shall be separated from other principal buildings in the complex by an open space of not less than 25 feet in width.

2. Side Yard Reduction. On R-1, R-2, and R-3 residential lots of record platted on or before January 3, 1963, having a width less than required by this title, the side yard may be reduced as follows:

A. One side yard may be reduced to not less than 10 percent of the lot width.

B. The sum of both side yards may be reduced to not less than 23 percent of the lot width.

C. On corner lots, only the interior side yard may be reduced below eight feet.

3. Issuance of Permits and Certificates. On any lots of record platted on or before September 7, 2000, under a community unit plan as approved by the Council, building permits and certificates of zoning compliance may be issued even though the use of land, building setbacks, lot areas, and building height do not conform in all respects to the district regulations as required in this title. Bulk regulations for the individual platted lots of record shall comply with the specific requirements within the approved community unit plan.

4. Attached Garage. Each dwelling unit located within an R-1, R-2, R-4, or R-5 District shall have a minimum two car attached garage.

5. Enclosed Parking Area. Each dwelling unit located within an R-3 District shall have a minimum one car enclosed (detached, attached, underground) area per unit. Carports shall not be considered as an acceptable covered area.

6. Dwelling Occupant Load. The maximum permitted occupant load within a dwelling unit in any residential district shall not exceed the following:

Room Type	Room Area	Maximum Occupant Load
Bedroom room	At least 70 square feet, but less than 120 square feet	1 per room
Bedroom room	120 square feet to 180 square feet	2 per room
Bedroom room	180 square feet or more	3 per room
Multipurpose room	At least 70 square feet	1 per room, not more than 2 per dwelling unit

7. For the purposes of this section, a “bedroom” is defined as a space primarily designed and intended for use as a sleeping room, which shall include all of the following characteristics:

A. A room with a minimum floor area of 70 square feet of area that is capable of being secured by a door.

B. A room with an enclosed closet space of a minimum floor area of six square feet.

C. A room with the provisions for emergency escape and natural light in accordance with the adopted version of the International Residential Code or International Building Code, as applicable for the dwelling type.

For the purposes of this section, a multipurpose room may include a living room, den, study, or other similar room that, by design or layout, is not primarily intended to be used as a bedroom, but that is otherwise habitable and provides accommodations for sleeping such as a bed, daybed, couch, futon, or other similar multipurpose sleeping furniture.

11-6-11 DWELLING UNIT MINIMUM FLOOR AREA.

1. Multiple-family dwellings shall, in addition to the requirements of this section, have a minimum of 600 square feet of livable space in each dwelling unit.

(Subsection 1 – Ord. 1164 – Jul. 25 Supp.)

2. Townhome units constructed within the R-3 District shall meet the minimum dwelling unit floor area requirements of the R-4 District.

	RE	R-1	R-2	R-4	R-5
1 Story	1,250 square feet on 1st floor	1,250 square feet on 1st floor	1,000 square feet on 1st floor	1,250 square feet on 1st floor	900 square feet on 1st floor
1½ stories	1st or 2nd floor 750 square feet	Total square feet 1,400	1st or 2nd floor 750 sq. ft	Total square feet 1,400	1st or 2nd floor 750 square feet	Total square feet 1,200	1st or 2nd floor 750 square feet	Total square feet 1,400	1st or 2nd floor 750 square feet	Total square feet 1,200
2 stories	1st or 2nd floor 750 square feet	Total square feet 1,400	1st or 2nd floor 750 square feet	Total square feet 1,400	1st or 2nd floor 750 sq. ft	Total square feet 1,200	1st or 2nd floor 750 square feet	Total square feet 1,400	1st or 2nd floor 750 square feet	Total square feet 1,200
Split-level	1,250 square feet, any 2 adjacent levels	1,250 square feet, any 2 adjacent levels	1,000 square feet, any 2 adjacent levels	1,250 square feet, any 2 adjacent levels	850 square feet, any 2 adjacent levels
Note: All floor areas indicated do not include utility rooms or cellars, unless noted.