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Hurricane City Zoning Code

CHAPTER 13

- RESIDENTIAL ZONES

Sec. 10-13-1.- Purpose.

See section 10-11-2 of this title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

Sec. 10-13-2. - Scope.

The provisions of this chapter shall apply to any real property located in a residential zone as shown on the official zoning map. No building, structure or real property shall be used and no building or structure shall be hereafter erected, structurally or substantially altered, or enlarged except as set forth in this chapter. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this Code, or other laws.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

Sec. 10-13-3. - Uses allowed.

A.

Permitted and conditional uses. Permitted and conditional uses allowed within residential zones shall be as set forth in table 10-13-1 of this section. Permitted and conditional uses are indicated by a "P" or "C", respectively, in the appropriate column. Uses not permitted are indicated by "N." Any use not shown on table 10-13-1 of this section shall be prohibited unless the Zoning Administrator determines the use is substantially the same as a permitted or conditional use as provided in section 10-7-18 of this title. If the proposed use is determined to be a new or unlisted business use, the applicant may petition the City Council for review and possible approval pursuant to the procedures outlined in section 10-7-18.

TABLE 10-13-1
PERMITTED AND CONDITIONAL USES ALLOWED IN RESIDENTIAL ZONES

Use Zones
R1-15 R1-10 R1-8 R1-6 R1-4 RM-1 RM-2 RM-3 MH/RV
AGRICULTURAL USES:
 Accessory building P P P P N P P P P
 Agricultural business N N N N N N N N N
 Agricultural industry N N N N N N N N N
 Agriculture N N N N N N N N N
 Agriculture residential P P P P P P P P P
 Agritourism N N N N N N N N N
 Animal specialties P P N N N N N N N
 Animals and fowl for recreation
and family food production
P 3 /C P 3 /C P 3 P 3 N N N N N
 Stable, private N N N N N N N N N
 Stable, public N N N N N N N N N
RESIDENTIAL USES:
 Assisted living facility C C C C C N N N N
 Boarding house N N N N N N N N N
 Building, accessory P P P P N P P P P
 Dwelling, earth sheltered P P P P P P P P N
 Dwelling, multiple-family N N N N N P P P N
 Dwelling, single-family P P P P P P P P P
 Dwelling, single-family with single accessory dwelling unit P P P P N N N N N
 Dwelling, two-family N N N N N P P P N
 Guesthouse or casita P P P N N N N N N
 Home based business 2 P P P P P P P P P
 Manufactured home P P P P P N N N P
 Manufactured/mobile home park N N N N N N N N P
 Manufactured/mobile home subdivision N N N N N N N N P
 Protective housing facility N N N N N N N N N
 Rehabilitation/treatment facility N N N N N N N N N
 Residential facility for elderly persons 1 P P P P P P P P P
 Residential facility for persons with a
disability 1
P P P P P P P P P
 Residential facility for troubled youth N N N N N N N N N
 Residential hosting facility 6 P P P P N N N N N
 Transitional housing facility N N N N N N N N N
PUBLIC AND CIVIC USES:
 Airport N N N N N N N N N
 Auditorium or stadium N N N N N N N N N
 Bus terminal N N N N N N N N N
 Cemetery P P P P P P P P P
 Church or place of worship P P P P P P P P P
 Club or service organization N N N N N N N N N
 College or university N N N N N N N N N
 Convalescent care facility N N N N N N N N N
 Correctional facility N N N N N N N N N
 Cultural service N N N N N N N N N
 Golf course P P P P N P P P P
 Government service N N N N N N N N N
 Hospital N N N N N N N N N
 Operations center N N N N N N N N N
 Park P P P P P P P P P
 Post office N N N N N N N N N
 Protective service P P P P P P P P P
 Reception center N N N N N N N N N
 School, elementary, middle, or high P P P P P P P P P
 School, vocational N N N N N N N N N
 Utility, major N N N N N N N N N
 Utility, minor 7 P P P P P P P P P
 Utility substation N N N N N N N N N
COMMERCIAL USES:
 Agricultural sales and service N N N N N N N N N
 Animal hospital N N N N N N N N N
 Bail bond service N N N N N N N N N
 Bank or financial institution N N N N N N N N N
 Business equipment rental, services,
and supplies
N N N N N N N N N
 Car wash N N N N N N N N N
 Child care center N N N N N N N N N
 Club, private N N N N N N N N N
 Construction sales and service N N N N N N N N N
 Convenience store N N N N N N N N N
 Farm stand N N N N N N N N N
 Funeral home N N N N N N N N N
 Garden center N N N N N N N N N
 Gasoline service station N N N N N N N N N
 Gas and fuel, storage and sales N N N N N N N N N
 Hostel N N N N N N N N N
 Hotel N N N N N N N N N
 Kennel, commercial N N N N N N N N N
 Laundry or dry cleaning, limited N N N N N N N N N
 Licensed family child care 2 P P P P P P P P P
 Liquor store N N N N N N N N N
 Media service N N N N N N N N N
 Medical or dental laboratory N N N N N N N N N
 Medical service N N N N N N N N N
 Motel N N N N N N N N N
 Office, general N N N N N N N N N
 Parking garage, public N N N N N N N N N
 Parking lot, public N N N N N N N N N
 Pawnshop N N N N N N N N N
Personal care service, home based 2 P P P P P P P P P
 Personal instruction service, home based 2 P P P P P P P P P
 Printing and copying, limited N N N N N N N N N
 Printing, general N N N N N N N N N
 Produce stand N N N N N N N N N
 Recreation and entertainment, indoor N N N N N N N N N
 Recreation and entertainment, outdoor N N N N N N N N N
 Recreational vehicle park N N N N N N N N P
 Repair service N N N N N N N N N
 Research service N N N N N N N N N
 Residential certificate child care 2 P P P P P P P P P
 Restaurant, fast food N N N N N N N N N
 Restaurant, general N N N N N N N N N
 Retail, general N N N N N N N N N
 Secondhand store N N N N N N N N N
 Shopping center N N N N N N N N N
 Short term rental (4 & 5) P P P N N N N N N
 Tattoo establishment N N N N N N N N N
 Tavern N N N N N N N N N
 Transportation service N N N N N N N N N
 Vehicle and equipment rental or sale N N N N N N N N N
 Vehicle and equipment repair, general N N N N N N N N N
 Vehicle repair, limited N N N N N N N N N
 Veterinary service N N N N N N N N N
 Warehouse, self-service storage N N N N N N N N N
 Wireless telecommunication facility See section 10-50-5, table 10-50-1 of this title
INDUSTRIAL USES:
 Automobile wrecking yard N N N N N N N N N
 Freight terminal N N N N N N N N N
 Heavy industry N N N N N N N N N
 Junk or salvage yard N N N N N N N N N
 Laundry services N N N N N N N N N
 Manufacturing, general N N N N N N N N N
 Manufacturing, limited N N N N N N N N N
 Mineral extraction N N N N N N N N N
 Wholesale and warehousing, general N N N N N N N N N
 Wholesale and warehousing, limited N N N N N N N N N
OTHER USES:
 Takeoff and landing of aircraft N N N N N N N N N

 

Notes:

1.

See chapter 46 of this title.

2.

See chapter 42 of this title.

3.

See section 10-37-15 of this title for permitted animals and fowl.

4.

See licensing and operations requirements in title 3 of this Code.

5.

Existing whole home vacation rentals in residential zones are a nonconforming use pursuant to Ordinance No. 2023-20. See licensing and operations requirements in title 10, chapter 51 of this Code.

6.

See chapter 51 of this title.

7.

See chapter 45 of this title.

B.

Accessory uses. Permitted and conditional uses set forth in table 10-13-1 of this section shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.

1.

Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the same zone except as otherwise expressly provided in this title.

2.

No accessory use, building, or structure shall be allowed on a lot unless a permitted or conditional use has been established.

3.

Accessory uses in residential zones shall include, but not be limited to, the following:

Garage sales, subject to applicable standards of chapter 48, temporary uses, of this title.

Garages and off street parking areas, subject to applicable standards of chapter 34, off street parking and loading, of this title.

Hobby activities when conducted by an occupant of the premises solely for personal enjoyment, amusement, or recreation and which does not conflict with any other City ordinance.

Home based businesses, subject to applicable standards of chapter 42, home based businesses, of this title.

Household pets, as defined in section 10-3-4.

Nurseries and greenhouses, when used for family food production.

Playhouses, patios, porches, gazebos, and incidental storage buildings.

Swimming pools and hot tubs for use by residents and their guests.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2009-01, 2-5-2009; Ord. 2016-11, 11-17-2016; Ord. 2017-03, 1-19-2017; Ord. 2018-04, 4-5-2018; Ord. No. 2023-20, 12-7-2023; Ord. No. 2024-06, 6-6-2024; Ord. No. 2024-12, 8-15-2024; Ord. No. 2024-07, 1-2-2025; Ord. No. 2025-15, 7-3-2025; Ord. No. 2025-20, 10-16-2025)

Sec. 10-13-4. - Development standards.

Development standards within residential zones shall be as set forth in table 10-13-2 of this section.

TABLE 10-13-2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES

Development standard Zones
R1-15 R1-10 R1-8 R1-6 R1-4 RM-1 1 RM-2 RM-3
Lot standards:
Average lot area 2 15,000 sq. ft. 10,000 sq. ft. 8,000 sq. ft. 6,000 sq. ft. 4,000 sq. ft. n/a n/a n/a
Minimum lot area or
acreage
12,000 sq. ft. 8,000 sq. ft. 6,400 sq. ft. 4,800 sq. ft. 3,900 sq. ft. 10,000 sq. ft. 1 acre
(see note 10)
1 acre
(see note 10)
Minimum lot width and/or
project frontage
90 ft. 80 ft. 70 ft. 60 ft. 50 ft. 80 ft. project 100 ft. project 200 ft. project
Maximum density per acre n/a n/a n/a n/a n/a 6 units/lots 10 units/lots 15 units/lots
Building standards:
Maximum height,
main building 3
35 ft. 35 ft. 35 ft. 35 ft. 30 ft. 35 ft. 35 ft. 35 ft.
Maximum height,
accessory building 4
16 ft. 16 ft. 16 ft. 16 ft. n/a 20 ft. 20 ft. 20 ft.
Maximum size,
accessory building
1,200 sq. ft. 1,200 sq. ft. 500 sq. ft. 500 sq. ft. n/a 1,000 sq. ft. 1,000 sq. ft. 500 sq. ft.
Building coverage: see
subsection 10-37-12I
of this title
50% of lot 50% of lot 50% of lot 50% of lot 50% of lot 50% of lot 50% of lot 50% of lot
Distance between
buildings
10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. 20 ft. 20 ft.
Setback standards—Front yard:
Any building 5 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Living area
20'
Garage
22'
Living area
20'
Garage
22'
Living area
20'
Garage
22'
Setback standards—Rear yard:
Main building 20 ft. 20 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
Accessory building,
including private garage 6
See note 9 See note 9 See note 9 See note 9 n/a See note 9 See note 9 See note 9
Setback standards—Interior side yard:
Main building 10 ft. 10 ft. 10 ft. 8 ft. See note 11 10 ft. 10 ft. 10 ft.
Accessory building,
including private garage
See note 6 See note 6 See note 6 See note 6 n/a See note 6 See note 6 See note 6
Setback standards—Street side yard:
Main building 7 20 ft. 20 ft. 20 ft. 20 ft. 15 ft. 20 ft. 20 ft. 20 ft.
Accessory building See note 6 See note 6 See note 6 See note 6 n/a See note 6 See note 6 See note 6
Pool location and setbacks 8 3 ft. 3 ft. 3 ft. 3 ft. n/a 3 ft. 3 ft. 3 ft.

 

Notes:

1.

Duplex only permitted on first 10,000 square feet. Any additional units must meet density per acre standards.

2.

"Average size" means the total acreage devoted to lots divided by the number of lots. Net density definition shall apply.

3.

Except as otherwise permitted by subsection 10-13-7C of this chapter.

4.

Except as otherwise permitted by subsection 10-13-7B of this chapter.

5.

Except as modified by the provisions of subsection 10-37-12F, setback measurement, of this title.

6.

If located at least ten feet from main building, two feet. Otherwise, same as for main building.

7.

When this side setback is required, rear setback may be reduced to ten feet.

8.

Pools must be located behind front yard setbacks. Setback is measured from rear and side property lines. Pools may require special engineering. A closer property line setback may be approved by the building official if engineering ensures structural integrity for any adjoining buildings or walls as well as the pool.

9.

If located at least ten feet from main building, ten feet. Otherwise, same as for main building. No accessory building shall be built within a public utility easement.

10.

Minimum area shall not be required in downtown area as listed within the general plan map to allow for infill and redevelopment of the downtown area in order to accomplish goals within the City's general plan and supporting master plans.

11.

Side yards shall be 5 feet on one side and minimum 10 feet on the other side.

A.

R1-4 specific zoning and development standards.

1.

R1-4 developments shall not be clustered together or be located adjacent to another R1-4 zone. In addition, a proposed R1-4 zone adjacent to single-family residential zoning shall only be permitted when the adjacent zoning is R1-6 or R1-8; a proposed R1-4 zone is not permitted adjacent to any residential agriculture or agricultural zones. Areas zoned R1-4 shall be distributed evenly throughout the City in an orderly, harmonious, and functionally efficient manner.

2.

No R1-4 zoned development or subdivision shall exceed ten acres.

3.

No building shall exceed two stories.

4.

Each lot shall have a minimum width of 18 feet of concrete driveway.

5.

The maximum lot size is 6,000 square feet.

6.

The maximum footprint of the main building is 1,500 square feet.

7.

No accessory buildings or accessory dwellings units are permitted.

8.

A development agreement between the City and the applicant may be required by the City Council as part of the Council's legislative action to add R1-4 zoning to the City's zoning map.

9.

Side yards shall be 5 feet on one side and minimum 10 feet on the other side.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2004-15, 6-17-2004; Ord. 2005-6, 2-17-2005; Ord. 2017-14, 8-17-2017; Ord. 2018-14, 12-20-2018; Ord. 2019-02, 3-7-2019; Ord. No. 2020-12, 3-5-2020; Ord. 2020-18, 9-3-2020; Ord. No. 2021-05, 6-3-2021; Ord. No. 2024-07, 1-2-2025)

Sec. 10-13-5. - Regulations of general applicability.

The use and development of real property in residential zones shall conform to regulations of general applicability as set forth in the following chapters of this title:

A.

Design and compatibility standards: see chapter 33 of this title.

B.

Landscaping and screening: see chapter 32 of this title.

C.

Motor vehicle access: see chapter 35 of this title.

D.

Natural resource inventory: see chapter 31 of this title.

E.

Off street parking: see chapter 34 of this title.

F.

Signs: see chapter 36 of this title.

G.

Supplementary development standards: see chapter 37 of this title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

Sec. 10-13-6. - Regulations for specific uses.

To the extent that use and development of real property includes any matter encompassed by a regulation for a specific use as set forth in division 6 of this title, such regulation shall apply in addition to the requirements of this chapter and shall prevail over any conflicting provision of this chapter.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

Sec. 10-13-7. - Special regulations.

A.

Animals. Within R1, RM, and MH/RV zones, where permitted by the zone, the keeping of animals shall normally be simultaneous with occupied residential use.

B.

Larger accessory buildings. Notwithstanding the maximum building size limitation shown in section 10-13-4, table 10-13-2 of this chapter, the maximum size of an accessory building may be increased pursuant to a conditional use permit in accordance with the standards in section 10-7-9 of this title.

C.

Increased height. Notwithstanding the height limitations shown in section 10-13-4, table 10-13-2 of this chapter a greater building height may be allowed in residential zones pursuant to a conditional use permit in accordance with the standards in section 10-7-9 of this title.

D.

Separation. To buffer the dwelling areas and provide site safety, multi-family projects shall be separated from different land uses by means of a landscape barrier, a berm, a wall, or other means approved by the Planning Commission during final site plan. The commission will consider adjacent land uses and zoning when determining an acceptable separation design.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2018-09, 9-6-2018; Ord. No. 2022-36, 8-18-2022)

Sec. 10-13-8. - Illustrations.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)