A.

The R districts are intended primarily to provide living areas at locations designated by the general plan for low density, involving single-family dwellings, with regulations designed to accomplish the following:

1.

To promote and encourage a suitable environment for family life.

2.

To provide space for community facilities needed to complement urban residential areas, and for institutions which require a residential environment, in accordance with policies of the general plan and state law.

3.

The R-1-5 district is intended for applications to older housing areas of the community between Jackson Blvd., and H Street, north of Sixth Street, where lot sizes are typically less than 6,000 square feet in area. The R-1-5 district may also be applied to newly developing residential areas under PUD (planned unit development) provisions of this ordinance.

4.

The R-1-6 district is intended primarily for applications to newly developing single-family residential areas of the community.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

One-family dwellings.

B.

Raising of fruit and nut trees, vines, vegetables and horticultural specialties on a non-commercial basis.

C.

Fenced or enclosed swimming pools for either individual family or communal use on an exclusive non-commercial basis, provided that no swimming pool shall be located within a utility easement.

D.

Single-family dwellings subject to the density and development standards of the MD-PUD-4.0 zoning district only within subdivisions created for the purpose.

E.

A small family day care home as defined by the state health and safety code, which provides family day care to six or fewer children, including children who reside in the home.

F.

An alcoholic recovery facility as defined by the state health and safety code, which provides care to six or fewer persons, whether or not related.

G.

Garden structures in accordance with subsection 604.F.

H.

A state authorized, certified or licensed family care home, foster home or group home serving six or fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children.

I.

Accessory structures and uses located on the same site with a permitted use.

J.

Other uses which are added to this list according to the procedure in article 13.

K.

Cultivation of cannabis for personal purposes pursuant to article 23, cannabis land use regulations, sections 2302—2306.

(Ord. No. 2015-01, § 1, 4-8-2015; Ord. No. 2018-03, § 3, 4-25-2018; Ord. No. 2019-11, § 4, 1-28-2020)

The following conditional uses may be permitted in accordance with the provisions of article 14:

A.

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private non-profit schools and colleges, churches, parsonages and other religious institutions.

B.

Public and private charitable institutions, hospitals, sanitariums, rest homes, and nursing homes, including a state authorized, certified or licensed family care home, foster home or group home serving seven or more mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a 24-hour basis.

C.

Public uses of an administrative, recreational, public service or cultural type including city, county state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

D.

Private or public golf courses.

E.

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with section 1202.

F.

Gas and electric transmission lines in accordance with article 16, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

G.

Bed and breakfast inns.

H.

Mobile homes on permanent foundations designed in accordance with the standards of section 1205.

I.

Single-family dwellings, not involving the issuance of occupancy permits, in subdivisions or divisions of land prior to the installation of all utilities, street improvements and other improvements that are required under agreement with the city council.

J.

Mobile home parks subject to the density standards of the MD-PUD-MH8 zoning district and the development standards of section 1203.

K.

A large family day care home as defined by the state health and safety code for seven to 12 children, inclusive, including children who reside at the home.

L.

Modest expansion or remodeling of an existing nonconforming use of a structure or land, limited to 25 percent or less of the assessed value of existing structures, or re-establishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than $200.00, and nonconforming fences, walls and hedges.

M.

A second housing unit either unattached or attached to an existing single-family detached residence, in accordance with the provisions of section 1206.

N.

Home occupations in accordance with section 1201.

O.

Expansion, remodeling or additions to a conditional use that are not either incidental or accessory as defined in article 21.

P.

Incidental and accessory structures and uses as defined in article 21 located on the same site as a conditional use.

Q.

Other uses which are added to this list according to the procedure in article 13.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

Fences, walls and hedges. Fences, walls and hedges shall be permitted as follows:

1.

Along side and rear property lines, and along any portion of the street side yard of a corner lot, not exceeding seven feet in height

2.

Fences or walls not exceeding three feet in height may be erected within any portion of the required front yard.

3.

No fence, wall or hedge exceeding 2½ feet in height may be located within an area of a corner lot on the street side of a diagonal line connecting points located 25 feet along the property line as measured from the intersecting property lines at the street corner.

4.

Open fences not exceeding seven feet in height, and hedges, may be located within any required yard, or along any side lot line, except as limited by the provisions of subsection 605.A.3 above.

B.

Site area. The minimum site area for the R-1-6 district shall be 6,000 square feet. The minimum site area for the R-1-5 district shall be 5,000 square feet.

C.

Frontage, width and depth of site.

1.

Each site in an R district shall have not less than 50 feet of frontage on a public street except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than 40 feet provided the width of the site, as measured along the front yard setback line, is at least 50 feet.

2.

The minimum width of each site in an R District shall be 50 feet for an interior lot and 60 feet for a corner lot.

3.

The minimum depth of each site shall be 90 feet for an interior lot and 80 feet for a corner lot.

D.

Number of dwelling units per site. Not more than one dwelling unit shall be allowed on each site, except as may be allowed under section 1206.

E.

Coverage. The maximum site area covered by structures shall be 45 percent.

F.

Yard requirements.

1.

Front yard. The minimum front yard shall be 20 feet.

On a site situated between sites improved with buildings where said buildings are set back less than the minimum distance required by this section, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.

Carports or garages attached to the main building may be set within 15 feet of a front property line where the garage or carport opening is perpendicular to the curb line requiring a curved driveway approach.

2.

Rear yard. The minimum rear yard shall be ten feet. Accessory and garden structures less than seven feet in height may be located within any portion of a required rear yard. Where construction involves more than one story, including decks, balconies, garden structures, and other related platforms with a floor level over five feet in height, the rear yard shall be increased by ten feet for each additional story. Accessory structures less than seven feet in height may be located in any portion of a required rear yard, provided that any mechanical equipment shall be located a minimum of five feet from a rear property line.

Where a garage or carport is located within a rear yard with access from an alley, it shall be set back a minimum of 27 feet from the farthest alley right-of-way line to provide for adequate turning movements to and from the garage or carport.

3.

Side yards. The minimum side yard shall be five feet, subject to the following conditions and exceptions:

a.

On a reversed corner lot, the side yard adjoining the street shall be not less than one-half the required front yard on the adjoining key lot.

b.

Accessory and garden structures under seven feet in height may be located in any portion of a required side yard, except in the street side yard, except in the street side yard of a corner lot, and provided that any mechanical equipment shall be located a minimum of five feet from a side property line.

c.

Where construction involves more than one story, the side yard shall be increased by five feet for each additional story provided, however, that the side yard on the street side of a corner lot, that is not a reversed corner lot, need not be greater than five feet.

d.

Garages or carports on the street side yard of a corner lot shall be setback 20 feet from the property line or 15 feet where the garage or carport opening is perpendicular to the curb line requiring a curved driveway approach. Where a garage or carport is located within a side yard with access from an alley, it shall be set back a minimum of 27 feet from the farthest alley right-or-way line to provide for adequate turning movements to and from the garage or carport.

G.

Distance between structures. The minimum distance between a one-family residence and another building shall be ten feet.

H.

Building height. No building or structure shall have a height greater than 35 feet except as may be required or allowed under articles 14 and 16.

I.

Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in section 1204.

J.

Off-street parking and off-street loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in article 11.

(Ord. No. 2015-01, § 1, 4-8-2015)

All uses shall be subject to the general provisions and exceptions prescribed in article 13.

(Ord. No. 2015-01, § 1, 4-8-2015)