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Eufaula City Zoning Code

CHAPTER 4

RS-1, RS-2 AND RS-3 RESIDENTIAL SINGLE FAMILY

12-400: GENERAL DESCRIPTION:

The principal use of land is for single family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency is encouraged by providing for adequate light, air and open space for dwelling and related facilities and through consideration of the proper functional relationship of each element. (Ord. 20-03-02, 3-2-2020)

12-410: PERMITTED PRINCIPAL USES:

Principal uses permitted in the RS-l, RS-2 and RS-3 Residential Single Family districts are as follows:
   A.   Detached single family dwelling. (Specific Use Condition)
   B.   General purpose farm or garden, but not the raising of livestock or poultry, except as provided by Part 4 - Animals, of the Code of Ordinances.
   C.   Temporary buildings used specifically for construction purposes only, (not for living purposes) which shall be removed upon completion or abandonment of construction work.
   D.   Foster home. (Specific Use Condition)
   E.   Neighborhood group home subject to the provisions of Section 232.
   F.   Public park or playground.
   G.   Fire station.
Use Condition. A single-family detached dwelling and foster home shall:
      1.   Be affixed to a permanent foundation as defined herein;
      2.   Utilize residential construction standards prescribed by the most current edition of the International Residential Code:
         a.   Exterior finishing materials as defined herein; Chapter 24, Section 12-2400 Definitions of the City of Eufaula Code of Ordinances.
         b.   Metal siding meeting the standards outlined in the most current edition of the International Residential Code can be used as an exterior finish if the following requirements are met:
            (1)   Any metal building permitted under this section shall have three (3) sides of the building contain a minimum of a thirty three percent (33%) facade/wainscoting of rock, wood, or any other customary residential exterior finishing materials as defined herein (Chapter 24, Section 12-2400 Definitions); or shall have three (3) sides of the building contain a minimum of a thirty three percent (33%) facade/wainscoting of two-tone metal that is complementary to the predominant metal siding color. The building must meet the minimum thirty three percent (33%) requirement on three (3) sides of the building; Example 1, a corner lot would require both street sides of the structure plus the side of the structure facing the neighboring property to meet the thirty three percent (33%) facade/wainscoting requirement. Example 2 would require the street side of the structure and both structure sides facing the neighboring property to meet the thirty three percent (33%) facade/wainscoting requirement.
      3.   All residential structures shall have a gabled or hip roof with a minimum of twelve inch (12") eaves and eight inch (8") rakes.
      4.   All residential structures shall have a porch with a gable, hip, or shed roof.
      5.   Have a core area of living space at least six hundred (600) square feet in size, exclusive of an attached garage; and
      6.   Meet all other City Codes and Ordinances. (Ord. 20-03-02, 3-2-2020; amd. Ord. 23-1-2, 1-9-2023; Ord. 23-2-1, 2-6-2023)

12-420: PERMITTED ACCESSORY USES AND STRUCTURES:

Accessory uses and structures customarily incident to a permitted principal use in Residential Single Family districts are permitted in such districts. In addition, the following uses are permitted as accessory uses:
   A.   Fallout and/or storm shelter.
   B.   Home occupation, subject to the provisions of Section 228.
   C.   Signs subject to the provisions of Chapter 15.
   D.   Family day care home, subject to the provisions of Section 236.
   E.   Mausoleum in existing or approved cemeteries. (Ord. 20-03-02, 3-2-2020)

12-430: USES PERMITTED BY SPECIAL EXCEPTION:

The following uses may be permitted as Special Exceptions by the Board of Adjustment in accordance with the provisions contained in Chapter 18.
   A.   Municipal use, public building or public utility which holds the right of eminent domain.
   B.   Public library.
   C.   Private recreational clubs and recreational areas operated by membership organizations for the benefit of their members and not for gain or profit.
   D.   Community group home subject to the provisions of Section 240.
   E.   Children's Day nursery.
   F.   Adult Day Care.
   G.   Care Home.
   H.   Children's Home (i.e. orphanage).
   I.   Accessory buildings in accordance with Section 256.2(e).
   J.   Miniature golf courses.
   K.   "Tiny Home" to serve as a single-family dwelling with no axle and utilize customary residential exterior finishing materials as defined herein. (Ord. 20-03-02, 3-2-2020)

12-440: USES PERMITTED BY SPECIFIC USE PERMIT:

The following uses may be permitted as Specific Use Permit by the Planning Commission and City Council in accordance with the provisions contained in Chapter 22.
   A.   Cemetery, not including animal cemeteries.
   B.   Church.
   C.   Golf course and driving ranges.
    D.   Public school or school offering general educational courses, the same as ordinarily given in a public school and having no rooms regularly used for housing or sleeping.
   E.   Community Garden.
   F.   Manufactured/Modular home as defined in Chapter 24. (Ord. 20-03-02, 3-2-2020)

12-450: MINIMUM YARD REQUIREMENTS:

   A.   Front yard - The depth of the required front yard shall be determined in the following manner. Measured from the centerline of the abutting street, add ½ of the right-of-way designated on the Major Street Plan or 25 feet if not designated on the Major Street Plan, to the appropriate distance shown below:
 
District
Arterial Streets
Non-Arterial Streets
RS-1
35 feet
35 feet
RS-2
35 feet
25 feet
RS-3
35 feet
25 feet
 
      1.   When a lot has double frontage, the front yard requirements shall be provided on both streets.
   B.   Side yard - All buildings shall be setback from the side lot line to comply with the following side yard requirements:
      1.   For dwellings located on an interior lot, there shall be a minimum side yard as follows: RS-l: 10 feet, RS-2: 5 feet, RS-3: 5 feet, per story or level of structure.
      2.   For unattached buildings accessory to residential uses on an interior lot there shall be a minimum side yard of 5 feet, per story or level of structure.
      3.   On any corner lot, the depth of the required exterior side yard shall be determined in the following manner: measured from the centerline of the abutting street, add ½ of the right-of-way designated in the Major Street Plan, or 25 feet if not designated on the Major Street Plan, to the appropriate distance shown below:
 
District
Arterial Streets
Non-Arterial Streets
RS -1
35 feet
20 feet
RS-2
20 feet
15 feet
RS-3
20 feet
15 feet
 
   The interior side yard requirements shall be 1) for dwellings and accessory buildings, the same as in (1) and (2) above; and 2) for all other principal or accessory building, the same as in (4) below.
      4.   For all other principal or accessory buildings on an interior lot there shall be a minimum setback as follows:
   RS-1:      25 feet
   RS-2:      20 feet
   RS-3:      15 feet
   C.   Rear yard - There shall be a rear yard for principal buildings of not less than the following:
   RS-1:      25 feet
   RS-2:      20 feet
   RS-3:      15 feet
   Unattached buildings of accessory uses may be located in the rear yard, but shall be setback at least ten (10) feet from the rear property line or outside any utility easement, whichever is greater. (Ord. 20-03-02, 3-2-2020)

12-460: MINIMUM LOT AREA:

   A.   For each dwelling and buildings accessory thereto, there shall be a lot area of not less than:
   RS-1:      11,400 square feet
   RS-2:      6,600 square feet
   RS-3:      5,000 square feet
   B.   Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of this ordinance, that lot may be used for any of the uses, except churches, permitted by this section.
   C.   For churches and main accessory buildings, other than a dwelling and buildings accessory to the dwelling, the lot area shall be adequate to provide the minimum yards required by this section and the off-street parking areas required in Chapter 14.
   D.   There shall be no more than one (1) dwelling unit and one (1) use per lot in the Single Family Residential districts. (Ord. 20-03-02, 3-2-2020)

12-470: MINIMUM LOT WIDTH AND FRONTAGE:

   A.   For dwellings there shall be a minimum lot width at the front building line of the following:
   RS-1:      85 feet
   RS-2:      60 feet
   RS-3:      50 feet
   B.   For uses other than dwellings, the lot width shall be adequate to provide the setbacks required in the Residential Single Family districts.
   C.   All lots shall abut on a street for a distance of not less than the following:
   RS-1:      45 feet
   RS-2:      35 feet
   RS-3:      30 feet
(Ord. 20-03-02, 3-2-2020)

12-480: MAXIMUM HEIGHT OF STRUCTURE:

No structures shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height. (Ord. 20-03-02, 3-2-2020)

12-490: FENCE REQUIREMENTS:

It shall be unlawful for any person to construct or cause to be constructed any fence upon any subdivision property within City limits without first having obtained a permit from the City of Eufaula and following Section 264 and all other applicable provisions of this code. (Ord. 20-03-02, 3-2-2020)