16 - R-1 SINGLE-FAMILY RESIDENTIAL ZONE
Sections:
In order to provide for the development of residential areas of varying population density within the city, the following regulations shall be applicable to all properties zoned R-1.
(Ord. 177 § 2(part), 1966: prior code § 9400(part)).
No person shall use any property located in any R-1 zone for any use, other than the following:
A.
Single-family dwellings, including traditional built in-place structure; modulars or factory constructed dwellings, certified under the National Home Construction and Safety Standard Act of 1974, with approved sticker attached, and placed on full approved foundations and permanently attached thereto; and move-on homes consisting of relocated structures on a foundation on which it is intended to stand permanently;
B.
Accessory buildings and structures, customarily used incidentally to a single-family dwelling;
C.
Household pets not exceeding three mammals of over three months of age;
D.
A temporary real estate tract office and not exceeding three model homes; provided, that said structures shall be for use only in conjunction with the sale of properties located within the tract within which such structures are located; and, provided:
1.
That the parcel proposed for such structures is included within an area covered by an approved tentative subdivision tract map, and such parcel is to be divided into at least four lots, each of which is designed in conformity with the provisions of this title, and
2.
That prior to the issuance of building permits for such structures, to insure conformity with the terms of approval relating to the tentative tract map, the builder shall submit plot plans for each such structure to the secretary of the planning commission, for approval by the commission; such plot plans shall be processed as follows:
a.
At least eleven copies of each plan shall be submitted to the secretary, who shall then set the same on the commission's agenda for consideration.
b.
The secretary shall give, by United States mail, postage prepaid, addressed to the applicant at his last known address, five days' written notice of the time and place of such hearing.
c.
At the time of the hearing, the commission shall give the applicant a reasonable opportunity to be heard on said matter, and shall, thereafter, by resolution, determine whether such plot plans conform to the tentative map, as approved; if the plans do conform, the plans shall be approved; if such plans do not conform to the tentative map, as approved, the commission may condition its approval so as to require such conformance or deny the approval so as to require such conformance or deny the approval of the plot plans, if conformance cannot be had.
d.
The commission's decision shall become final, in the absence of an appeal, in the same time and manner as in the case of a zone variance.
e.
If an appeal is timely filed, the commission's file shall be transmitted to the city council, and, thereafter, the council shall approve, conditionally approve, or disapprove such plot plans, in the manner set forth in paragraph (2)(c) of this subsection; such action shall be final and conclusive,
3.
That the applicant shall accept, as conditions of issuance of any building permit for such structures, which conditions shall be endorsed on the face of the permits, the following:
a.
That such structures shall not be used for the conduct of a general real estate business, and
b.
That such structures will not be used for human habitation unless and until, a final subdivision tract map has been approved and recorded, and until a certificate of occupancy for dwelling purposes has been duly issued for each such structure, and
c.
That, if a final subdivision tract map is not submitted, approved and recorded within the time allowed by law therefor, that the applicant will within sixty days thereafter:
i.
Demolish or remove each such structure, at his sole cost, or
ii.
Obtain approval of a lot split map in accordance with the provisions of Chapter 16.16, relating to the parcel of land on which such structures are built, and
iii.
File with the city clerk a good and sufficient corporate surety bond, in a form to be approved by the city attorney, guaranteeing that such structures will be demolished or removed, if required by subparagraph (i) of this paragraph;
E.
The storage of building materials during the construction of any building or part thereof, and for a period of thirty days after construction is completed;
F.
Home occupations;
G.
Accessory dwelling units, subject to the requirements of chapter 17.120 (Accessory dwelling units).
(Ord. 611 § 4, 2007; Ord. 358 § 1, 1981; Ord. 353 § 1, 1981; Ord. 177 § 2(part), 1966: prior code § 9401(1—6)).
(Ord. No. 724, § 4, 7-25-18)
The following regulations shall be limitations on, and be applicable to all uses in zone R-1:
A.
Vehicles. No person shall park or store any commercial vehicle, as that phrase is described in the Vehicle Code of the state, weighing more than three-quarters of one ton, on any R-1 zoned property within the city.
B.
Signs. No signs shall be permitted or maintained in any R-1 zone, except as follows:
1.
A nameplate; provided, that it does not exceed two square feet in area, and that such nameplate contains only the name, address and telephone number of the person in residence;
2.
"For rent" or "for sale" signs; provided, that such signs relate only to the property upon which they are located and that such signs do not exceed four square feet in area per face;
3.
No more than one nameplate and two "for rent" or "for sale" signs shall be permitted on any single lot in any R-1 zone with the exception of subdivisions; in the case of subdivisions, signs shall be permitted to be erected and maintained in the manner or of the size which are customary in connection with the sale of lots in subdivisions; provided, that all such signs with reference to the sale of lots in subdivisions shall be removed thirty days after the last lot is sold or within one year from and after the recording of the final tract map, whichever period is lesser. A bond or cash deposit may be required to insure proper and prompt removal of signs, in an amount equal to the estimated cost of such removal.
(Ord. 177 § 2(part), 1966: prior code § 9401(7)).
Each lot in the R-1 zone shall have a minimum lot area measured in feet of not less than:
A.
The number following the zoning symbol (if such number is less than one hundred, it shall mean acres, and if such number is more than one hundred, it shall be square feet); or
B.
Five thousand square feet when no number follows the zoning symbol.
(Ord. 177 § 2(part), 1966: prior code § 9402(1)).
Each lot or parcel of land in zone R-1 shall have a minimum lot width of not less than:
(Ord. 177 § 2(part), 1966: prior code § 9402(2)).
A.
Front Yards. Each lot in the R-1 zone shall maintain a front yard of not less than twenty feet in depth.
B.
Side Yards. Each lot in the R-1 zone shall maintain the following side yards:
1.
Interior Lots. Interior lots shall maintain side yards on each side of the main building not less than five feet in width each.
2.
Corner Lots. Each corner lot shall maintain the following side yard requirements:
a.
On the side lot line which abuts another lot, the side yard shall be five feet in width.
b.
On the street side, the required side yard shall be ten feet in width.
3.
The five-foot side yard setbacks mentioned in subdivisions 1 and 2 of this subsection shall apply in all cases except where there is a preincorporation setback of less than five feet but more than three feet, in which case the preexisting setback may be extended for building additions.
C.
Rear Yards. Each lot in zone R-1 shall maintain a rear yard of not less than fifteen feet in depth.
(Ord. 301 § 1(part), 1976; Ord. 177 § 2(part), 1966: prior code § 9402(3)).
In addition to the yard area requirements set forth in Section 17.16.070, each parcel shall be required to maintain open space in conformance with the standards set forth as follows:
A.
All parcels with a gross parcel area of five thousand square feet or less shall maintain not less than three hundred square feet of open space. Said open space requirement shall increase one square foot for every ten square feet of additional gross area over five thousand square feet, up to a maximum of five hundred square feet of open space. No parcel shall be required to have open space in excess of five hundred square feet.
B.
All open space required by this section shall be calculated at the parcel's average level finished grade.
C.
All dwelling units for which open space is required shall have and maintain, suitable access thereto.
D.
Development details for open space:
1.
A maximum of fifty percent of the required open space may be covered by a cabana or other roof, second story or structure overhang;
2.
A minimum of twenty-five percent of the required open space shall be improved with landscaping or lawn, or otherwise surfaced or improved.
(Ord. 455-A § 5, 1992; Ord. 455 § 3, 1992: Ord. 177 § 2(part), 1966: prior code § 9402(4)).
No lot or parcel of land in zone R-1 shall have a building or structure in excess of two stories or thirty-five feet in height, whichever is less.
(Ord. 177 § 2(part), 1966: prior code § 9402(5)).
Each lot or parcel of land in zone R-1 shall have on the same lot or parcel of land, two off-street parking spaces for each dwelling unit, which spaces shall be located in a garage. Such parking facilities shall be conveniently accessible and located only at a place where the erection of structures is permitted.
(Ord. 177 § 2(part), 1966: prior code § 9402(6)).
Placement of buildings on any R-1 lot shall conform to the following:
A.
No building shall occupy any portion of a required yard area, or open space.
B.
Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line, the equivalent of the required side yard on such lot and from the rear property line a distance of ten feet; provided, if the lot rears upon an alley, such building shall maintain a distance of not less than five feet from the rear line of such lot.
C.
A nondwelling accessory building, not primarily used for human habitation, may build to the rear and side lot lines, and to the rear of the required front yard; provided, that, if such lot rears upon an alley, or if there is an unoccupied space on the same lot to the rear of such building or buildings, there shall be a passageway not less than three feet in width, nor less than seven feet in height, from the alley or the unoccupied space, to the front of such building. Said passageway may be used for off-street parking purposes, but shall otherwise be maintained open and unobstructed.
D.
The distance between buildings used for human habitation and other buildings used for human habitation, and accessory buildings, shall be not less than ten feet; provided, that the distance between buildings is not less than five feet when such accessory buildings are constructed of one-hour, fire-resistive construction throughout, as defined and specified in the building code. When buildings are less than ten feet apart, as herein provided, a minimum five-foot-wide yard area, open and unobstructed from the ground to the sky, shall be provided and maintained between such buildings. For the purpose of this section, such buildings may be considered to be connected when the roof is extended from one building to the other for not less than fifty percent of the length of the opposing wall of the smaller of such buildings, but, in such cases, the required yard areas for the main building shall then apply to the entire structure.
(Ord. 177 § 2(part), 1966: prior code § 9403).
The lot area per dwelling unit shall be not less than the minimum required lot area.
(Ord. 177 § 2(part), 1966: prior code § 9404).
The following standards shall apply to all structures or additions thereto constructed or installed after July 1, 1981:
A.
Roof. Pressure treated, fire retardant wood shake or shingle, or as determined by the building official.
B.
Eaves. Minimum sixteen-inch eave projection unless otherwise approved by the planning commission.
C.
Exterior Wall Treatment.
1.
Materials. Wood siding, stucco, brick, brick veneer, or as approved by the planning commission must be brought down to within six inches of the finish grade with the same material as siding. (Metal siding on new dwellings not permitted.)
2.
Color. Natural earth tones, white with complimentary and/or harmonious trim color, compatible with standards of adjacent developments, or as approved by the planning commission.
3.
Wall color, texture and material shall be consistent with and be harmonized with roofing material.
(Ord. 358 § 2, 1981: Ord. 353 § 2, 1981).
Editor's note— Ord. No. 724, § 5, adopted July 25, 2018, repealed § 17.16.130. Former § 17.16.130 pertained to residential second units and derived from Ord. 611 § 5, adopted 2007.
16 - R-1 SINGLE-FAMILY RESIDENTIAL ZONE
Sections:
In order to provide for the development of residential areas of varying population density within the city, the following regulations shall be applicable to all properties zoned R-1.
(Ord. 177 § 2(part), 1966: prior code § 9400(part)).
No person shall use any property located in any R-1 zone for any use, other than the following:
A.
Single-family dwellings, including traditional built in-place structure; modulars or factory constructed dwellings, certified under the National Home Construction and Safety Standard Act of 1974, with approved sticker attached, and placed on full approved foundations and permanently attached thereto; and move-on homes consisting of relocated structures on a foundation on which it is intended to stand permanently;
B.
Accessory buildings and structures, customarily used incidentally to a single-family dwelling;
C.
Household pets not exceeding three mammals of over three months of age;
D.
A temporary real estate tract office and not exceeding three model homes; provided, that said structures shall be for use only in conjunction with the sale of properties located within the tract within which such structures are located; and, provided:
1.
That the parcel proposed for such structures is included within an area covered by an approved tentative subdivision tract map, and such parcel is to be divided into at least four lots, each of which is designed in conformity with the provisions of this title, and
2.
That prior to the issuance of building permits for such structures, to insure conformity with the terms of approval relating to the tentative tract map, the builder shall submit plot plans for each such structure to the secretary of the planning commission, for approval by the commission; such plot plans shall be processed as follows:
a.
At least eleven copies of each plan shall be submitted to the secretary, who shall then set the same on the commission's agenda for consideration.
b.
The secretary shall give, by United States mail, postage prepaid, addressed to the applicant at his last known address, five days' written notice of the time and place of such hearing.
c.
At the time of the hearing, the commission shall give the applicant a reasonable opportunity to be heard on said matter, and shall, thereafter, by resolution, determine whether such plot plans conform to the tentative map, as approved; if the plans do conform, the plans shall be approved; if such plans do not conform to the tentative map, as approved, the commission may condition its approval so as to require such conformance or deny the approval so as to require such conformance or deny the approval of the plot plans, if conformance cannot be had.
d.
The commission's decision shall become final, in the absence of an appeal, in the same time and manner as in the case of a zone variance.
e.
If an appeal is timely filed, the commission's file shall be transmitted to the city council, and, thereafter, the council shall approve, conditionally approve, or disapprove such plot plans, in the manner set forth in paragraph (2)(c) of this subsection; such action shall be final and conclusive,
3.
That the applicant shall accept, as conditions of issuance of any building permit for such structures, which conditions shall be endorsed on the face of the permits, the following:
a.
That such structures shall not be used for the conduct of a general real estate business, and
b.
That such structures will not be used for human habitation unless and until, a final subdivision tract map has been approved and recorded, and until a certificate of occupancy for dwelling purposes has been duly issued for each such structure, and
c.
That, if a final subdivision tract map is not submitted, approved and recorded within the time allowed by law therefor, that the applicant will within sixty days thereafter:
i.
Demolish or remove each such structure, at his sole cost, or
ii.
Obtain approval of a lot split map in accordance with the provisions of Chapter 16.16, relating to the parcel of land on which such structures are built, and
iii.
File with the city clerk a good and sufficient corporate surety bond, in a form to be approved by the city attorney, guaranteeing that such structures will be demolished or removed, if required by subparagraph (i) of this paragraph;
E.
The storage of building materials during the construction of any building or part thereof, and for a period of thirty days after construction is completed;
F.
Home occupations;
G.
Accessory dwelling units, subject to the requirements of chapter 17.120 (Accessory dwelling units).
(Ord. 611 § 4, 2007; Ord. 358 § 1, 1981; Ord. 353 § 1, 1981; Ord. 177 § 2(part), 1966: prior code § 9401(1—6)).
(Ord. No. 724, § 4, 7-25-18)
The following regulations shall be limitations on, and be applicable to all uses in zone R-1:
A.
Vehicles. No person shall park or store any commercial vehicle, as that phrase is described in the Vehicle Code of the state, weighing more than three-quarters of one ton, on any R-1 zoned property within the city.
B.
Signs. No signs shall be permitted or maintained in any R-1 zone, except as follows:
1.
A nameplate; provided, that it does not exceed two square feet in area, and that such nameplate contains only the name, address and telephone number of the person in residence;
2.
"For rent" or "for sale" signs; provided, that such signs relate only to the property upon which they are located and that such signs do not exceed four square feet in area per face;
3.
No more than one nameplate and two "for rent" or "for sale" signs shall be permitted on any single lot in any R-1 zone with the exception of subdivisions; in the case of subdivisions, signs shall be permitted to be erected and maintained in the manner or of the size which are customary in connection with the sale of lots in subdivisions; provided, that all such signs with reference to the sale of lots in subdivisions shall be removed thirty days after the last lot is sold or within one year from and after the recording of the final tract map, whichever period is lesser. A bond or cash deposit may be required to insure proper and prompt removal of signs, in an amount equal to the estimated cost of such removal.
(Ord. 177 § 2(part), 1966: prior code § 9401(7)).
Each lot in the R-1 zone shall have a minimum lot area measured in feet of not less than:
A.
The number following the zoning symbol (if such number is less than one hundred, it shall mean acres, and if such number is more than one hundred, it shall be square feet); or
B.
Five thousand square feet when no number follows the zoning symbol.
(Ord. 177 § 2(part), 1966: prior code § 9402(1)).
Each lot or parcel of land in zone R-1 shall have a minimum lot width of not less than:
(Ord. 177 § 2(part), 1966: prior code § 9402(2)).
A.
Front Yards. Each lot in the R-1 zone shall maintain a front yard of not less than twenty feet in depth.
B.
Side Yards. Each lot in the R-1 zone shall maintain the following side yards:
1.
Interior Lots. Interior lots shall maintain side yards on each side of the main building not less than five feet in width each.
2.
Corner Lots. Each corner lot shall maintain the following side yard requirements:
a.
On the side lot line which abuts another lot, the side yard shall be five feet in width.
b.
On the street side, the required side yard shall be ten feet in width.
3.
The five-foot side yard setbacks mentioned in subdivisions 1 and 2 of this subsection shall apply in all cases except where there is a preincorporation setback of less than five feet but more than three feet, in which case the preexisting setback may be extended for building additions.
C.
Rear Yards. Each lot in zone R-1 shall maintain a rear yard of not less than fifteen feet in depth.
(Ord. 301 § 1(part), 1976; Ord. 177 § 2(part), 1966: prior code § 9402(3)).
In addition to the yard area requirements set forth in Section 17.16.070, each parcel shall be required to maintain open space in conformance with the standards set forth as follows:
A.
All parcels with a gross parcel area of five thousand square feet or less shall maintain not less than three hundred square feet of open space. Said open space requirement shall increase one square foot for every ten square feet of additional gross area over five thousand square feet, up to a maximum of five hundred square feet of open space. No parcel shall be required to have open space in excess of five hundred square feet.
B.
All open space required by this section shall be calculated at the parcel's average level finished grade.
C.
All dwelling units for which open space is required shall have and maintain, suitable access thereto.
D.
Development details for open space:
1.
A maximum of fifty percent of the required open space may be covered by a cabana or other roof, second story or structure overhang;
2.
A minimum of twenty-five percent of the required open space shall be improved with landscaping or lawn, or otherwise surfaced or improved.
(Ord. 455-A § 5, 1992; Ord. 455 § 3, 1992: Ord. 177 § 2(part), 1966: prior code § 9402(4)).
No lot or parcel of land in zone R-1 shall have a building or structure in excess of two stories or thirty-five feet in height, whichever is less.
(Ord. 177 § 2(part), 1966: prior code § 9402(5)).
Each lot or parcel of land in zone R-1 shall have on the same lot or parcel of land, two off-street parking spaces for each dwelling unit, which spaces shall be located in a garage. Such parking facilities shall be conveniently accessible and located only at a place where the erection of structures is permitted.
(Ord. 177 § 2(part), 1966: prior code § 9402(6)).
Placement of buildings on any R-1 lot shall conform to the following:
A.
No building shall occupy any portion of a required yard area, or open space.
B.
Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line, the equivalent of the required side yard on such lot and from the rear property line a distance of ten feet; provided, if the lot rears upon an alley, such building shall maintain a distance of not less than five feet from the rear line of such lot.
C.
A nondwelling accessory building, not primarily used for human habitation, may build to the rear and side lot lines, and to the rear of the required front yard; provided, that, if such lot rears upon an alley, or if there is an unoccupied space on the same lot to the rear of such building or buildings, there shall be a passageway not less than three feet in width, nor less than seven feet in height, from the alley or the unoccupied space, to the front of such building. Said passageway may be used for off-street parking purposes, but shall otherwise be maintained open and unobstructed.
D.
The distance between buildings used for human habitation and other buildings used for human habitation, and accessory buildings, shall be not less than ten feet; provided, that the distance between buildings is not less than five feet when such accessory buildings are constructed of one-hour, fire-resistive construction throughout, as defined and specified in the building code. When buildings are less than ten feet apart, as herein provided, a minimum five-foot-wide yard area, open and unobstructed from the ground to the sky, shall be provided and maintained between such buildings. For the purpose of this section, such buildings may be considered to be connected when the roof is extended from one building to the other for not less than fifty percent of the length of the opposing wall of the smaller of such buildings, but, in such cases, the required yard areas for the main building shall then apply to the entire structure.
(Ord. 177 § 2(part), 1966: prior code § 9403).
The lot area per dwelling unit shall be not less than the minimum required lot area.
(Ord. 177 § 2(part), 1966: prior code § 9404).
The following standards shall apply to all structures or additions thereto constructed or installed after July 1, 1981:
A.
Roof. Pressure treated, fire retardant wood shake or shingle, or as determined by the building official.
B.
Eaves. Minimum sixteen-inch eave projection unless otherwise approved by the planning commission.
C.
Exterior Wall Treatment.
1.
Materials. Wood siding, stucco, brick, brick veneer, or as approved by the planning commission must be brought down to within six inches of the finish grade with the same material as siding. (Metal siding on new dwellings not permitted.)
2.
Color. Natural earth tones, white with complimentary and/or harmonious trim color, compatible with standards of adjacent developments, or as approved by the planning commission.
3.
Wall color, texture and material shall be consistent with and be harmonized with roofing material.
(Ord. 358 § 2, 1981: Ord. 353 § 2, 1981).
Editor's note— Ord. No. 724, § 5, adopted July 25, 2018, repealed § 17.16.130. Former § 17.16.130 pertained to residential second units and derived from Ord. 611 § 5, adopted 2007.