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Gibraltar City Zoning Code

ARTICLE IX

R-1 ONE-FAMILY RESIDENTIAL DISTRICTS

Sec. 44-288.- Uses permitted.

In all R-1 districts, except as otherwise provided for in this chapter, all buildings shall be erected and all land shall be used only for one or more of the following specified uses:

(1)

One-family dwellings.

(2)

Municipally owned and operated parks and playgrounds, municipally owned and operated buildings, available for use by the residents of the city.

(3)

Public and parochial schools, public buildings and churches, subject to the approval of the city planning commission.

(4)

Public utility buildings, such as substations, without service or storage yards, and gas regulator stations and enlargement of such uses upon approval of the city planning commission.

(5)

Temporary buildings for use incidental to construction work, which building shall be removed upon the completion or abandonment of the construction work. Such temporary buildings shall not be used as dwellings.

(6)

The growing of vegetables, fruit, flowers, trees and shrubs, provided such use is not operated for commercial purposes.

(7)

Church and public building bulletin boards, not exceeding 12 square feet in area appertaining to the lease, hire or sale of a building or premises, which sign shall be removed as soon as the building or premises are leased, hired or sold.

(8)

The storage or parking or use of trucks larger in capacity than a regularly manufactured pickup or paneled truck, including a truck-tractor or truck-trailer of any kind, and the storage of used cars and junkers shall not be considered a legal accessory use in an R-1 district.

(9)

Accessory buildings or uses customarily incident to any such permitted uses, when located on the same lot and not involving any business, profession, trade or occupation. One private garage for each residential lot in which there is housed not more than two motor vehicles, not more than one of which may be a commercial vehicle, not larger than a regularly manufactured pickup or paneled three-quarter-ton truck; provided however, one additional passenger motor vehicle may be allowed when all yard requirements and lot coverage requirements are complied with.

(10)

It is the stated intent of this section to allow home occupations as defined in section 44-25, subject to the following conditions. A medical marihuana home occupation is addressed separately from other forms of home occupations or home-based businesses in recognition of its unique nature. Medical marihuana home occupation regulations and requirements are presented in section 44-109.

a.

There shall be no alteration in the residential character or function of the premises in connection herewith.

b.

There shall be no signs, advertising devices or other manifestation located on the exterior of the dwelling structure or within any yard area which suggest or implies the existence of a home occupation.

c.

Home occupations shall be located either in the basement or on the ground floor only and shall occupy no more than 25 percent of the floor area.

d.

The sale of stock in trade, offering of stock in trade or commodities shall be permitted to be sold or offered for sale to clients by appointment only. They shall not be sold or offered for sale to the general public so as to invite walk-in trade.

e.

No assistants, or employees, other than the dwelling occupants, shall be employed in connection with the home occupations, and such services or uses permitted shall be performed by one person only.

f.

There shall be no equipment or machinery used in connection with a home occupation which is industrial in nature.

g.

Home occupation shall not require more than one offsite parking (place) in front of residence used for home occupation.

h.

Home occupation shall not be of a nature which creates noise, vibration, glare, fumes, odors, or results in interference, becomes a nuisance, or other causes which are detrimental to the neighborhood in which it is located.

i.

Home occupation shall not require delivery of goods or visits of customers before 8:00 a.m. or after 8:00 p.m.

j.

Any home occupation shall be considered a special use and be granted or denied upon consideration of those standards.

k.

Home occupations are to be inspected by all applicable building department inspectors before issuance of a special use permit and thereafter as determined by the building department.

l.

License shall be obtained and renewed each year thereafter upon payment of a license fee as determined by ordinance and shall be limited to the applicant who legally resides in the residence.

m.

Authority for granting or denying issuance of a home occupation "special use" permit is vested in the building inspector for the city. If after issuance of a permit the building inspector determines that such home occupation is objectionable and/or detrimental to the neighborhood, such permit shall be revoked upon 30 days notice to the home occupant. Decisions of the building inspector denying or revoking a special use home occupation permit may be appealed to the board of appeals by application for review by the board. Appeals must be filed with the board within 30 days of the denial or revocation by the building inspector.

(Code 1969, § 5.101; Code 1977, § 28-167; Ord. No. 23-Q, 9-28-1970; Ord. No. 195, 6-14-1993; Ord. No. 212, 1-23-1995; Ord. No. 313, § 28-167, 10-10-2005; Ord. No. 378, 2-23-2015)

Sec. 44-289. - Building height.

No building hereafter erected or altered in R-1 districts shall exceed 30 feet in height or two stories, except as provided in article XXV of this chapter.

(Code 1969, § 5.102; Code 1977, § 28-168)

Sec. 44-290. - Lot area per family.

In R-1 districts each one-family dwelling, together with its accessory buildings, hereafter erected, shall require a lot area of not less than 15,000 square feet when said lot is not served by either a municipal water or a municipal sewerage system; shall require a lot area of not less than 12,000 square feet when said lot is served either by a municipal water system or a municipal sewerage system; shall require a lot area of not less than 9,600 square feet when both a municipal water and a municipal sewerage system are available, and said lot shall have a width of not less than 80 feet at the front or rear building lines; provided, however, that this requirement shall not apply to any lot which at the time the ordinance from which this article is derived became effective was narrower at the street line or lesser in area than the specifications herein provided, if such lot was of record at the time of the adoption of the ordinance from which this article is derived.

(Code 1969, § 5.103; Code 1977, § 28-169; Ord. No. 265, § 1, 10-11-1999)

Sec. 44-291. - Lot coverage.

In R-1 districts each one-family dwelling, together with accessory buildings hereafter erected on any lot, shall not cover more that 40 percent of the area of such lot.

(Code 1969, § 5.104; Code 1977, § 28-170; Ord. No. 204, 7-25-1994; Ord. No. 336, 3-9-2009)

Sec. 44-292. - Front yards.

Each lot in R-1 districts shall have a front yard of not less than 25 feet; provided, however, that where a front yard of greater or lesser depth than specified, exists in front of dwellings on more than 50 percent of the lots of record on one side of the street in any block in an R-1 district, the depth of the front yard for any building thereafter erected or placed on any lot in such block shall not be less, but need not be greater, than the average depth of front yards of such existing buildings.

(Code 1969, § 5.105; Code 1977, § 28-171)

Sec. 44-293. - Side yards.

All lots in R-1 districts shall have two side yards each having a width of not less than four feet and the combined width of both side yards shall not be less than 13 feet; provided, however, that principal buildings on adjoining lots shall be located not less than ten feet apart and further provided, that on lots less than 35 feet in width, the required combined width of side yards may be reduced by six inches for each foot or major fraction thereof by which the width of such lot is less than 35 feet and provided further, that the width of both side yards shall not be less than three feet each.

(Code 1969, § 5.106; Code 1977, § 28-172)

Sec. 44-294. - Side yards—Nonresidential use.

Every lot on which a building or structure used for nondwelling purposes, other than an accessory building, is erected, shall have a side yard on each side of such lot, and each such yard shall be not less than 20 feet in width with an increase of one foot, in width, for each five feet or part thereof by which the said building or structure exceeds 35 feet in overall dimensions along the side yard and also an additional one foot for every two feet in height in excess of 35 feet.

(Code 1969, § 5.107; Code 1977, § 28-173)

Sec. 44-295. - Same—Abutting upon a street.

In R-1 districts the width of the side yard abutting a side street shall not be less than ten feet.

(Code 1969, § 5.108; Code 1977, § 28-174)

Sec. 44-296. - Rear yards.

Each lot in R-1 districts shall have a rear yard of not less than 35 feet in depth.

(Code 1969, § 5.109; Code 1977, § 28-175)

Sec. 44-297. - Rear yards abutting side lot lines.

Where a side yard of an interior lot abuts a rear yard of a corner lot or an alley separating such lots, any accessory building on the corner lot shall sit back from the side street as far as the dwelling on the interior lot.

(Code 1969, § 5.110; Code 1977, § 28-176)

Sec. 44-298. - Off-street parking facilities.

Off-street parking facilities shall be provided as hereinbefore specified in article VI of this chapter.

(Code 1969, § 5.111; Code 1977, § 28-177)

Sec. 44-299. - Permitted uses, special approval.

The following uses may be permitted after review of the site plan by the planning commission and under such conditions imposed by the planning commission after completing the review as detailed in section 44-842:

(1)

Horse stables, public or private.

(Ord. No. 423, Art. I, 9-9-2024)