No building or premises shall be constructed, altered, located or used in a Residential District except in accordance with the regulations contained in this chapter, and whenever a building or premises situated in any district is used solely for residence purposes, the same shall comply with the regulations of this chapter.

In a Residential District, the following uses shall be allowed:

(A)

Single-family dwellings, or two-family or multiple-family dwellings.

(B)

Churches, public schools, public library.

(C)

Private garages used as an accessory to the principal building on the same lot and housing only those vehicles required to comply with off-street parking regulation thereon.

(D)

Other detached accessory buildings which are not used for the dwelling of any person, or the storage of business or industrial material, or used in whole or part business or industrial use.

(E)

Private recreation uses such as tennis courts, swimming pools, and the like, which are exclusively for private use and not for commercial purposes.

(F)

Private greenhouses, gardens or nurseries, only when the plants, flowers or produce are for private enjoyment and not offered for sale.

(G)

Bulletin boards for churches, institutions or governmental purposes and signs used by governmental agencies for safety, traffic regulations or other governmental purposes.

(H)

Fire stations, licensed child care centers, licensed child care homes and legally licensed exempt home providers that are eligible to participate in the CCDF program.

(I)

Signs not exceeding twelve (12) square feet in area pertaining to the rental, sale or leasing of a building or land of the premises upon which such sign is located and not more than one (1) such sign shall be permitted on the property concerned. Such sign shall be attached to the building or, if detached, set back at least twelve (12) feet from the front lot line.

(J)

Home occupations, in specific cases and upon hearing and action by the Board of Zoning Appeals, may be allowed in the principal building which is designated and occupied as a dwelling, subject to the following regulations:

(1)

No person shall engage in such home occupations other than those who reside on the premises;

(2)

In no case shall more than fifteen (15) percent of the floor area in the dwelling, exclusive of any accessory building, be used for any one (1) or more of such home occupations;

(3)

Such home occupations shall be wholly confined to within the principal building;

(4)

Each home occupation shall register with the Fowler Clerk-Treasurer prior to engaging in said home occupation;

(5)

Parking area shall be increased as the Board deems necessary;

(6)

No window or display sign shall be used to advertise such occupations other than an unlighted sign not exceeding two (2) square feet; and

(7)

Such other regulations as the Board may deem necessary to safeguard the neighborhood. In considering the allowance of a home occupation, only such occupations and professions may be considered which are usually and normally conducted in the home of the person or persons engaging in the same.

(Ord. No. 2018-1203, 12-3-2018)

No building shall be located or structurally altered upon the lot dedicated to residential use under this chapter except in accordance to the following requirements:

(A)

On an interior lot, the same being defined as any lot which is not a corner lot, each principal building shall have a front yard of at least twenty-five (25) feet, a rear yard of at least fifteen (15) feet and a side yard on each side of the building of at least five (5) feet; provided, however, that when a lot is situated in a block where thirty (30) percent or more of the total frontage of all interior lots along that side of the street in such block is already improved by the erection of principal buildings thereon, yards shall be established by those already improved.

(B)

Any building on a corner lot, which building faces in the same directions as adjacent interior lots, shall maintain on all sides the yard requirements for interior lots.

(C)

Any building on a corner lot which faces a street which is not the front line of the adjoining interior lot shall maintain a front yard setback from the easement of at least five (5) feet, a rear yard of five (5) feet and side yards of at least twenty-five (25) feet on one (1) side and fifteen (15) feet on the other.

(D)

All accessory buildings shall be located in the rear yard only and no accessory building shall be erected or altered nearer than fifteen (15) feet of any rear line and five (5) feet of any side line.

(E)

An attached or detached private garage; an attached or detached car port, shelter or driveway canopy; a patio, veranda, deck, piazza or other similar construction; an open, enclosed or covered porch of more than fifteen (15) square feet; or any other installation, which is not expressly allowed, shall not be permitted, located, erected or altered within fifteen (15) feet of any rear line and five (5) feet of any side line.

(F)

Steps, porches not exceeding fifteen (15) square feet including any covering or enclosure thereof, walks and driveways, yard lights, necessary public utility facilities, underground sanitary and water installations, fences, landscaping, trees, plant and vegetation, and any other appurtenances, not expressly prohibited, which are indispensable for the use and enjoyment of the premises, shall be permitted in the front and side yards established and required by this chapter.

(G)

For the purpose of setback, a side yard shall be construed to run the full length of the lot line. Except for lawful uses, the established and required yards shall be open from the established grade (or the natural grade if higher) to the sky. Side and rear yards shall be deemed to extend to the center of alleys which may abut the side or rear lines of the lot.

(H)

On a lot included in a land subdivision on record at the time of enactment of this chapter which shows building lines along the frontage in which such lot is included for the purpose of creating front yards greater than the requirements of this chapter, such subdivision plat shall apply in preference to the front yard established by this chapter.

No building, manufactured home, or mobile home shall be located or used in a Residential District except in accordance with the regulations contained in this chapter. Mobile homes shall be approved by the Building Inspector before being located on the property. In addition, such housing shall adhere to the following building specifications:

(A)

Such buildings shall have a minimum of 5/12 roof pitch;

(B)

The square footage of such buildings must be at least one hundred (100) percent of the average square footage of similar use adjacent properties in all directions; and

(C)

Such buildings shall have wood construction.

The following restrictions shall apply to all buildings in an R-1 Zone unless a variance is obtained prior to obtaining a building permit:

(A)

Density and orientation. Not more than one (1) principal building shall be located on a lot. All buildings on a lot shall be constructed within the boundaries of the lot, allowing for required setbacks. Principal buildings shall conform to the direction of, and be oriented on a lot in the same direction as other residential properties in the vicinity.

(B)

Size. The square footage of a single-family residence must be at least seventy-five (75) percent, and not more than one hundred twenty-five (125) percent, of the average square footage of residential-use adjacent properties in all directions. "Adjacent properties" shall include residential-use properties across any street, alley, public way or private road. Proposed single-family residences which exceed one hundred twenty-five (125) percent of the average square footage of residential-use adjacent properties in all directions will require drainage approval from the Town of Fowler as a part of any variance.

(C)

Roofs.

(1)

Pitch. Single-family residences shall have a minimum roof pitch of 4/12.

(2)

Skylights. Metal roofs shall not have fiberglass or plastic skylight panels.

(3)

Soffits. The roof soffit shall be no less than twelve (12) inches. This includes gables and eaves.

(D)

Accessory buildings.

(1)

Attached accessory buildings shall have footers.

(2)

Detached accessory buildings shall have a maximum footprint of eight hundred sixty-four (864) square feet.

(3)

Detached accessory buildings shall have a maximum side wall height of ten (10) feet.

(E)

Construction. The following metals are prohibited as facade materials:

(1)

Any metal that has not been treated with a factory-applied color coating system (including, but not limited to, galvanized metal), and

(2)

Metal of any kind as a primary facade material on a single-family residence (excluding aluminum lap siding). Any metal siding upon a single-family residence shall be attached horizontally and shall have a vertical dimension no greater than twelve (12) inches.

(Ord. No. 2014-5, § 1, 6-2-2014)