(A)

Preamble/Intent: The purpose and intent of providing residential district regulations is to allow for several different detached and attached single-family residential uses, encourage innovation in residential development and redevelopment, and to provide a mix of housing options within the City of Green River. Each of the various residential zones shall be regulated by its own zoning criteria; however, all zones share in the goal of providing well-designed quality residential developments throughout the city.

For the purposes of this section, the residential district regulations shall include R-1, R-2, R-3, R-4 and MH (Mobile Home). All zones are considered to be permanent, long-term, quality single-family and multifamily uses which can accommodate existing and future residents living in the city. Individual zone districts are further described as follows:

In no zone district which permits single-family dwelling units shall more than one dwelling unit be constructed on a lot or portion thereof without a special use permit.

Other zone districts allow residential development; however, the majority of existing residential development occurs within the R-1, R-2, R-3, R-4 and MH zones.

(B)

Criteria for Zone Establishment:

(1)

Compliance with comprehensive master plan. Residential development within the City of Green River shall be guided, in part, by the ability of the applicant to satisfy or otherwise demonstrate compliance with the following comprehensive master planning policies for residential development:

(a)

The city shall ensure that no new residential developments stretch the capacity of existing facilities.

(b)

The city shall encourage site planning which is environmentally sensitive, reduces utility line length and costs, provides needed open space, and provides a variety of housing and open space.

(c)

The city shall encourage cluster and mixed-density housing to reduce utility cost and overall land development costs.

(d)

The city shall encourage developments which provide quality design and amenities such as landscaping of individual homes, provision of trees for new homeowners in the development and maintenance of open space.

(e)

Rehabilitation of older residential areas shall be encouraged and supported by the city.

(f)

The city shall encourage housing for the elderly which will help minimize negative impacts on existing land uses and yet provide easy access to needed facilities.

(g)

Future mobile home parks and subdivisions shall be of high quality with good site planning, landscaping, adequate parks and recreation facilities and appropriate screening.

(h)

Logical growth and development adjacent to existing services and facilities shall be encouraged. Discontiguous, leapfrog development, which stretches maintenance and services, shall be discouraged.

(i)

The city shall continue to encourage quality residential developments in the city's fringe areas through measures such as intergovernmental coordination.

(2)

Mobile home zone establishment criteria:

(a)

The mobile home zone shall conform to the policies of the comprehensive master plan as shown above in subsection (B)(1).

(b)

A mobile home subdivision is intended to be a permitted type of use within a zone, and is established to provide permanent residential neighborhoods in which mobile home owners may purchase individual lots for the placement of mobile home units.

(c)

A mobile home subdivision may be located in any existing R-3, R-4 or MH zone or within a mobile home PUD or mixed use PUD.

(d)

In addition, a mobile home subdivision shall:

1.

Prove a definite need for this type of land use.

2.

Ensure that the project is creating a residential environment of sustained desirability and stability.

3.

Ensure that the project is not adversely affecting amenities in the surrounding area.

4.

Minimize any negative impacts on surrounding neighbors or neighborhoods.

5.

Meet all applicable residential criteria concerning utilities, drainage, street and parking design and construction, landscaping and general appropriateness and quality in terms of location and site design.

(Ord. No. 95-5, § 2, 6-20-95)

Please see the use regulations in Chapter 9.

(Ord. No. 94-5, § 2, 4-19-94)

The following matrix indicates restrictions and regulations for the use and location of all residential structures permitted in the R-1, R-2, R-3, R-4 and MH zone districts:

¹

For multiple-family dwelling units only; the required minimum lot area for single-family dwelling units shall be six thousand (6,000) square feet.

²

One thousand five hundred (1,500) square feet for each dwelling unit in a multiple-family dwelling in excess of four (4) dwelling units.

³

Add one (1) foot to the minimum setback for every one (1) foot over thirty-five (35) feet in height of the building.

⁴

Twelve (12) feet front yard setback; twenty (20) feet if front parking is provided.

⁵

Twelve (12) feet, main entry side; seven and one-half (7.5) feet, non-entry side.

⁶

Zone lots occupied by single-family dwellings and mobile homes shall maintain fifty (50) percent of the lot as open space.

(Ord. No. 05-10, § 2, 7-5-05; Ord. No. 06-03, § 2, 3-7-06)

A.

Conditions for Permitted Residential Accessory Buildings, Structures or Uses: Please see the use regulations in Chapter 9.

B.

Conditions for Home Occupation Permits: Please see the use regulations in Chapter 9.

C.

Permitted Yard Encroachments:

1.

Allowable twenty-four-inch projections. Belt courses, sills, eaves, lintels, exterior columns, chimneys and building accessories may project twenty-four (24) inches beyond all setback lines.

2.

Allowable three and one-half foot projections. Open or unwalled porches, terraces, balconies, decks and exterior stairways may project three and one-half (3½) feet beyond all setback lines.

D.

Height Exceptions: Church spires, church towers, chimneys, flagpoles, antennas, monuments, water towers and fire towers may be erected to any safe height not in conflict with other regulations.

E.

Conditions for Fences, Walls and Retaining Walls:

1.

General conditions. A fence, hedge, wall, column, pier, post or any similar-type structure, or any combination of such structures, may be permitted in the required yards of the residential districts, subject to the following conditions and requirements. It is intended that these conditions and requirements shall provide privacy, protection, screening, and accenting of shrubs and landscaping without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles.

2.

Conditions. Fencing, walls and retaining walls as defined above shall be allowed in residential zones R-1, R-2, R-3, R-4, MH, provided the following conditions are met:

a.

All fences and walls are subject to building code requirements and shall require a city building permit.

b.

It shall be the responsibility of the property owner to locate all property lines.

c.

No fence, hedge or wall may extend beyond or across a property line unless in joint written agreement with the abutting property owner.

d.

Fences, walls and retaining walls may be erected to a maximum height of forty-eight (48) inches in the front yard, and to a maximum height of six (6) feet on any part of the zone lot other than the front yard.

e.

On corner lots no fence, hedge, wall, retaining wall, structure, or landscaping display shall be permitted over forty (40) inches above the adjacent sidewalk, or if none the adjacent street within the restricted sight triangle. This subsection shall not apply to retaining walls in existence on or before June 21, 2005, but shall apply to all retaining walls started or completed after June 21, 2005.

f.

No fence, wall or retaining wall shall be constructed which is hazardous or dangerous to animals or persons.

g.

No fence, wall, retaining wall or hedge shall be constructed or grown which will damage adjacent property by obstructing views or shutting out light and air or otherwise adversely affecting the general public health, safety and welfare.

h.

Property owners who erect a fence, wall, or retaining wall within an easement, and property owners who purchase property with an existing fence, wall or retaining wall located within an easement, are responsible for all costs associated with dismantling, relocating, and/or rebuilding said fence, wall or retaining wall should the easement holder choose to exercise their easement rights.

F.

Parking Requirements: Please see the use regulations in Chapter 9.

G.

Sign Requirements: Please see the sign regulations in Chapter 10.

H.

Landscape Requirements: Please see the landscape regulations in Chapter 11.

I.

Homeowners' Association HOA Requirements: In cases in which maintenance of common areas, open space or facilities normally maintained by public entities are proposed to be maintained by a HOA, or other non-governmental body, the applicant shall form a legally approved association. This association shall meet the following requirements:

1.

Approved covenants. Covenants shall be approved and on file with the city before any lots or units are sold.

2.

Power to levy assessments. The association has the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities.

3.

Maintenance program. A maintenance program is established and a maintenance staff or organization is functioning properly before the developer relinquishes his position of the board.

The City of Green River shall not have power of enforcement of the covenants of the Homeowners' Association. It shall be the responsibility of the Homeowners' Association to enforce all covenants.

J.

Nonconforming Uses: Please see the use regulations in Chapter 9.

K.

Temporary Use Permits: Please see the use regulations in Chapter 9.

L.

Special Review Uses: Please see the use regulations in Chapter 9.

(Ord. No. 05-10, § 3, 7-5-05; Ord. No. 06-03, § 3, 3-7-06)