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Custer City Zoning Code

CHAPTER 17

12 RESIDENTIAL DISTRICT R

17.12.010 Intent.

   The intent of the residential district (R) is to provide for residential uses of varying types and other compatible land uses in a pleasant and stable environment.
(Ord. 896 (part), 2023: Ord. 802, 2018: Ord. 432 (part), 1995)

17.12.020 Definitions.

   For the purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory.
   “Accessory dwelling unit” means a residential living unit that is within or attached to a principal structure or is located in a detached structure and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit is accompanies. Accessory dwelling units can be attached to or detached from the principal structure:
   1.   “Attached accessory dwelling unit” means an accessory dwelling unit that is physically connected to the principal residence.
   2.   “Detached accessory dwelling unit” means a standalone home on the same lot as a larger, primary structure.
   “Accessory Structure” means a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.
   “Boardinghouse” means any structure in which one (1) or more rooms are rented by one (1) or more people with a shared common area, lodging and meals may be provided for paying or nonpaying guests for a rental period of more than thirty (30) consecutive days.
   “Family day care” means providing care and supervision of children from more than two (2) unrelated families, for compensation, in a family home, on a regular basis for part of a day as a supplement to regular parental care, without transfer of legal custody or placement for adoption.
   “Front lot line” means the lot line which abuts a public street, private street, or easement of access. In the case where a property abuts more than one public street, private street, or easement of access, the line which most closely corresponds with the primary access to the property shall be used.
   “Home occupation” means the conducting of a business in any residential or accessory structure. The home occupation is an accessory practice and customarily non-residential use conducted within or administered from a portion of the primary home or its accessory structures.
   “Hosted short-term rental” means an “owner-occupied short-term rental” when at least one owner is physically present on the property during the nights in which a portion of it is being rented.
   “Long-term rental” means the rental of any structure, or any portion of any structure on a long term monthly or yearly basis, for lodging or sleeping purposes for more than thirty (30) consecutive calendar days. For the purpose of this definition, structures shall include all housing types including detached single-family residences, lofts, apartments, guest cottages and cabins, condominiums, duplexes, triplexes, townhomes, multifamily dwellings, and accessory dwelling units.
   “Multiple family dwelling” means two (2) or more separate housing units that exist on a single lot or tract. The housing units are contained within one or more structures. “Multiple family dwellings” include but are not limited to apartments, duplexes, triplexes, quadplexes, and condominiums. guest cottages and cabins, and multiple single-family dwellings.
   “Owner-occupied short-term rental” means a “short-term rental” of a portion of a structure on a property that serves as the primary residence of its owner or owners.
   “Portable storage containers” means a container fabricated for the purpose of transporting freight or goods on a truck, railroad, or ship, including but not limited to cargo containers, storage rental containers, shipping containers or Conex boxes that are placed on private property and are used for the storage of goods.
   “Principal structure” means the main structure or building on a lot or parcel in which the primary permitted use occurs.
   “Rear lot line” means the lot line which is not tangent to any point on the front lot line.
    “Short-term rental” means the rental of any structure, or any portion of any structure to any one party, entity or individual, on a nightly or day-to-day basis for lodging or sleeping purposes for less than thirty (30) consecutive calendar days. Such rental to any party, entity or individual for less than thirty (30) consecutive days shall be considered transient in nature. For the purpose of this definition, structures shall include all housing types including detached single-family residences, lofts, apartments, guest cottages and cabins, condominiums, duplexes, triplexes, townhomes, and multifamily dwellings.
   “Side lot line” means the property line of a lot, other than a “Front lot line” or a “Rear lot line.”
   “Single-family dwelling” means a structure in which one (1) housing unit is contained within the structure. The structure exists on one (1) common lot. The unit shall provide complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
   “Townhouse” means a structure constructed with a continuous roof and foundation containing two (2) or more attached dwelling units in which each unit extends from the foundation to roof with open space on at least two (2) sides. Each separate unit exists on individually platted townhouse lots separated by a common lot line and a common separation wall between each unit.
   “Yard, front” means an open unoccupied space on the same lot with the building between the front line of the building and the front lot line of the lot, extending the full width of the lot.
   “Yard, rear” means an open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot, extending the full width of the lot.
   “Yard, side” means an open, unoccupied space on the same lot with the building situated between the building and the side lot line of the lot and extending from the front yard to the rear yard.
(Ord. 896 (part), 2023: Ord. 802, 2018)

17.12.030 Permitted principal uses and structures.

   The following principal uses and structures shall be permitted in residential districts (R):
   A.   Single family dwellings;
   B.   Townhouse;
   C.   Manufactured homes in accordance with Ch. 17.40 of this code;
   D.   Long term rentals; and
   E.   Home occupations in compliance with Section 17.12.070.
(Ord. 896 (part), 2023: Ord. 802, 2018: Ord. 432 (part), 1995)

17.12.040 Permitted accessory uses and structures.

   The following accessory uses and structures shall be permitted in residential districts (R):
   A.   Accessory uses and structures normally appurtenant to the permitted uses and structures when established within space limits of this district. No accessory structure shall be built, erected, or constructed prior to the establishment of the principal structure.
   B.   Accessory dwelling units that meet the requirements of Chapter 17.34.
(Ord. 896 (part), 2023: Ord. 802, 2018: Ord. 432 (part), 1995)

17.12.050 Permitted conditional uses.

   After the provisions of this title relating to permitted conditional uses have been fulfilled, the Planning Commission or Board of Adjustment in the case of appeals may permit as permitted conditional uses in residential districts (R):
   A.   Multiple-family dwelling;
   B.   Churches, synagogues and temples;
   C.   Colleges and universities;
   D.   Convalescent, nursing and rest homes;
   E.   Home occupations not complying with the guidelines as defined in Section 17.12.070 of this code;
   F.   Governmental services;
   G.   Commercial horticultural uses that exceed one hundred ninety-two (192) square feet;
   H.   Medical and other health facilities;
   I.   Mobile home court in accordance with Ch. 17.36 of this code;
   J.   Family day care, nursery, primary, intermediate and secondary schools;
   K.   Public recreational and park facilities;
   L.   Utility substations;
   M.   Hosted short-term rentals in compliance with Section 17.12.080.
(Ord. 896 (part), 2023: Ord. 868 (part), 2022: Ord. 802, 2018: Ord. 434 (part), 1995: Ord. 432 (part), 1995)

17.12.060 Prohibited uses and structures.

   A.   All other uses and structures which are not specifically permitted or not permissible as permitted conditional uses shall be prohibited from the residential district (R).
   B.   Home occupations in which the home occupation utilizes more than twenty-five (25) percent of the total area of the lot, tract, or parcel in which the home occupation is located shall be prohibited.
   C.   Boarding houses and short-term rentals that do not meet the definition of a “hosted short-term rental” as defined in Section 17.12.020 and the requirements of Section 17.12.080.
   D.   Portable storage containers that exceed 160 square feet.
(Ord. 896 (part), 2023: Ord. 868 (part), 2022: Ord. 802, 2018: Ord. 432 (part), 1995)

17.12.070 Home occupations.

   Home occupations shall be permitted in the residential zone, provided the home occupation complies with the following requirements:
   A.   Such use must be incidental and subordinate to the main use or dwelling unit for residential purposes.
   B.   No equipment or process shall be used in such home occupation which frequently or repeatedly creates noise in excess of one hundred (100) decibels. No equipment or process shall be used in such home occupation which creates vibration, glare, fumes, odors or electrical interference deemed to be offensive to members of the general public. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. Such noise, vibration, glare, fumes, or odors shall be measured or determined at any location directly contiguous to the property line of the property upon which the equipment or process is being operated or conducted.
   C.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation nor shall any storage of materials or equipment be permissible outside the dwelling or structure(s) with the exception of two temporary signs that meet the requirements set forth in Section 17.38.050(a).
   D.   The use of the dwelling unit or any accessory structure for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall utilize not more than twenty-five (25) percent of the total structure area of the property.
   E.   All parking is limited to off-street parking only.
(Ord. 918, 2024: Ord. 896 (part), 2023: Ord. 802, 2018)

17.12.080 Hosted short-term rentals.

   Hosted short-term rentals shall be permitted in the residential zone, provided they comply with the following requirements:
   A.   The principal structure or a portion of the principal structure serves as the primary residence of its owner or owners.
   B.   The owner or owners shall be physically present at the principal structure of which a portion is being rented during the nights on which it is being rented.
   C.   The use of a portion of the principal structure for any rental to any party, entity or individual for less than thirty (30) consecutive days on a nightly basis for lodging purposes shall use not more than eighty (80) percent of the total habitable structure area of the principal structure.
   D.   Hosted short-term rentals shall comply with all applicable local, state and federal lodging requirements.
   E.   Only one (1) hosted short-term rental shall be allowed per parcel.
   F.   “Accessory dwelling units” shall not be used as hosted short-term rentals.
(Ord. 922 (part), 2024: Ord. 896 (part), 2023)

17.12.090 Restrictions and requirements.

   All structures, land and uses in the residential district (R) shall be in compliance with the following restrictions and requirements:
   A.   Minimum Lot Requirements. The minimum lot area per single family dwelling shall be seven thousand five hundred (7,500) square feet. The minimum lot width shall be fifty (50) feet.
   Exception: Dwellings on small lots. Where there is an existing recorded lot which does not meet the minimum lot area requirement, and said lot is not contiguous with other lots under the same ownership, a single family dwelling may be maintained, continued, constructed or reconstructed provided that one (1) side yard shall be not less than four feet (4') and the sum of the side yards shall be not less than ten feet (10'), and provided that all other requirements, except lot size, are met.
   B.   Minimum yard (setback) requirements. There shall be a front yard of not less than a depth of twenty-five (25) feet. There shall be a rear yard of not less than a depth of twenty-five (25) feet. Each side yard shall not be less than a depth of six (6) feet. Unattached buildings of accessory use may be permitted to allow a rear yard depth of not less than twelve (12) feet. Accessory structures shall comply with the standard front and side yard setback requirements. All setbacks shall be measured from the platted property line.
   Exception: In circumstances where front lot line, rear lot line, or side lot line designation is ambiguous, the City Planner will determine lot line designations. No reduction in setbacks shall be allowed without a variance.
   C.   Minimum dwelling size. The minimum principal single-family dwelling size shall not be less than six hundred (600) square feet.
   Exception: New dwellings on small lots. Where there is an existing recorded lot which does not meet the lot area requirements (seven thousand five hundred (7,500) square feet) and said lot is not contiguous with other lots under the same ownership, a principal single-family dwelling may be permitted to be constructed with a minimum dwelling size not less than four hundred (400) square feet.
   D.   Maximum height. The height of all buildings and structures shall not exceed thirty-five (35) feet, except accessory dwelling units shall not exceed the height of the principal structure, or twenty-five (25) feet, whichever is less.
   E.   Townhouse requirements:
      1.   Proposed individual townhouse lot line(s) for a townhouse shall be submitted on a site plan and approved prior to issuance of a building permit. Following the start of construction, the final location of individual townhouse lots shall be determined and platted.
      2.   In order to permit openings in exterior walls, each townhouse structure and its appendage and projections shall have a minimum six-foot (6') setback from individual lot lines which are not common to other individual lots, unless approved otherwise in a planned development or in a use on review permit.
      3.   Townhouses shall have a six-foot (6') exterior maintenance easement on either side of a common lot line to provide adequate room for maintenance, repair and alterations.
      4.   Lot size. The minimum lot area per townhouse unit shall be five thousand (5,000) square feet if the unit shares one (1) common wall. The minimum lot area per townhouse unit shall be two thousand five hundred (2,500) square feet if the unit contains two (2) common walls.
      5.   Minimum yard (setback) requirements. There shall be a front yard of not less than a depth of twenty-five (25) feet. There shall be a rear yard of not less than a depth of twenty-five (25) feet. Each side yard not containing a common townhouse lot line shall not be less than six (6) feet. Unattached buildings of accessory use may be permitted to allow a rear yard depth of not less than twelve (12) feet. Accessory structures shall comply with the standard front and side yard setback requirements.
      All setbacks shall be measured from the platted property line.
      6.   Minimum unit size. The minimum unit size shall not be less than six hundred (600) square feet.
      7.   Maximum height. The height of all townhouse units shall not exceed thirty-five (35) feet.
      8.   Open space requirements. Individual townhouse lots shall have land area in addition to the area upon which the structure is built. Each individual townhouse lot shall have a minimum of four hundred (400) square feet of open space. Open space does not include driveways, parking or service areas.
   F.   Sanitation. All occupied structures shall be connected to municipal sewer and water facilities.
   G.   Off-street parking. Off-street parking shall be provided per the following.
      1.   Single-family dwelling - One (1) off-street parking space.
      2.   Townhouse - One (1) off-street parking space per unit.
      3.   Hosted short-term rental - All parking shall be restricted to off-street.
(Ord. 896 (part), 2023: Ord. 802, 2018: Ord. 763 (part), 2015: Ord. 434 (part), 1995: Ord. 432 (part), 1995)