The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the R1-40 District.

(Ord. 04-267 § 5 (part))

The following uses shall be permitted in the R1-40 District:

A.

Single-family residences, including ancillary accessory structures;

B.

Accessory dwelling units as provided in Chapter 14.14 of this title;

C.

Home occupations;

D.

Agriculture and horticulture;

E.

Animals as provided in Chapter 5.10 of this code; and

F.

Small family day care.

(Ord. 05-285 § 5 (part): Ord. 04-267 § 5 (part))

(Ord. No. 2018-448, § 3, 7-10-2018)

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the R1-40 District:

A.

Flag lots;

B.

Large family day care; and

C.

Pre-existing community facilities as provided in Chapter 14.70 of this title. New community facilities are prohibited.

(Ord. 05-285 § 5 (part): Ord. 05-271 § 2 (part): Ord. 04-267 § 5 (part))

The minimum site area shall be forty thousand (40,000) square feet, except that on corner lots the minimum site area shall be forty-one thousand (41,000) square feet.

(Ord. 04-267 § 5 (part))

A.

The minimum site frontage, width and depth shall be one hundred fifty (150) feet, except that the minimum site frontage on a cul-de-sac turnaround shall be sixty (60) feet.

B.

The minimum width of the access corridor for each flag lot shall be twenty (20) feet, and shall access directly to a public or private street. The access corridor shall not connect to any portion of the turnaround space of a cul-de-sac.

(Ord. 04-267 § 5 (part))

The maximum coverage for all structures in excess of six feet in height shall be twenty (20) percent of the total area of the site.

(Ord. 04-267 § 5 (part))

A.

For lots with a net site area not exceeding eleven thousand (11,000) square feet the maximum floor area shall be thirty-five (35) percent of the net lot area.

B.

For lots with a net site area exceeding eleven thousand (11,000) square feet the maximum floor area shall be three thousand eight hundred fifty (3,850) square feet plus ten (10) percent times the net lot area minus eleven thousand (11,000) square feet.

(Ord. 04-267 § 5 (part))

A.

Except as noted below, the minimum setbacks shall be as follows:

B.

A minimum of fifty (50) percent of the required front yard area shall be a combination of pervious landscape material and landscape.

C.

The second story setback shall be measured from the wall of the second story, or in the case of a sloping ceiling or roof where there is no exterior wall, from the point the second story ceiling has a height of five feet or greater from the finished floor.

D.

On flag lots, the minimum width of side yards shall be fifty (50) feet.

E.

Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon currently required setbacks, the city planner may approve one encroaching setback to be extended by no more than twenty (20) feet or fifty (50) percent, whichever is less, along its existing building line without a variance, subject to the following provisions:

1.

The extension may only be applied to the first story.

2.

Only one such administrative extension may be permitted for the life of the building. Other extensions may be considered subject to the filing of a variance application.

3.

Extensions are only permitted for the main structure and cannot result in a further encroachment into any required setback area.

F.

With the exception of the provisions of Section 14.66.080 of this title, when a structure has an existing nonconforming setback and fifty (50) percent or more of the floor area of that structure is voluntarily being eliminated or replaced, the entire structure shall be brought into conformance with current setback requirements.

(Ord. 05-278 § 1 (part): Ord. 04-267 § 5 (part); Ord. No. 2015-414, § 2, 9-8-2015)

No structure shall exceed two stories or twenty-seven (27) feet in height from the natural grade. On flag lots the height of structures shall be limited to one story and twenty (20) feet in height. Basements shall not be considered a story.

(Ord. 04-267 § 5 (part))

No structure shall extend above or beyond a daylight plane as follows:

A.

The daylight plane starts at a height of eleven (11) feet at each side property line and at an angle of twenty-five (25) degrees from the horizontal.

B.

On a site where the grade slopes greater than ten (10) percent from side property line to side property line, the daylight plane at the lower side property line shall be measured from a point equal to the average elevation of the site and proceed inward at an angle of twenty-five (25) degrees.

C.

An extension of an existing gable roof may project over or beyond the daylight plane when it is determined by the city planner that such projection is necessary to maintain the architectural integrity of the structure.

D.

Television and radio antennas, chimneys, and other similar appurtenances may project above the daylight plane as provided for in Section 14.66.250.

(Ord. 07-312 § 5 (part); Ord. 04-267 § 5 (part))

Basements shall be regulated as follows:

A.

Basements shall not extend beyond the floor area of the first floor of the main or accessory structure above;

B.

Light wells, ingress and egress wells, patio wells, and other similar elements shall not be permitted within a required front or exterior side yard setback. These elements may be permitted within an interior side or rear yard setback, but in no event closer than six feet to a property line.

C.

Light wells, ingress and egress wells, patio wells, and other similar elements shall utilize vertical retaining walls. Contour graded slopes, which expose the basement as a story, are prohibited.

D.

Light wells, ingress and egress wells, patio wells, and other similar elements shall be at least seventy-five (75) percent open in area to light and air above.

(Ord. 04-267 § 5 (part); Ord. No. 2015-414, § 3, 9-8-2015)

A.

Outdoor kitchens, barbeques, fireplaces, and similar structures shall be allowed in the main structure's building envelope, and in the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in the required front or side yard setback areas.

B.

Swimming pools, hot tubs, and spas shall be allowed within the main structure's building envelope, and the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in a required front or side yard setback area.

1.

The setback shall be measured from the outside edge of the pool structure.

2.

Swimming pool motors and equipment shall be enclosed in a noise attenuating structure, as proscribed in Chapter 6.16, and shall not be located in a required interior side yard setback area.

(Ord. 08-329 § 2 (part): Ord. 05-285 § 5 (part): Ord. 04-267 § 5 (part))

(Ord. No. 10-348, § 2, 4-13-2010; Ord. No. 2012-375, § 3, 1-24-2012; Ord. No. 2015-414, § 5, 9-8-2015; Ord. No. 2018-440, § 2, 3-13-2018)

As provided in Chapter 14.76 of this title.

(Ord. 08-329 § 2 (part): Ord. 05-285 § 5 (part): Ord. 04-267 § 5 (part); Ord. No. 10-348, § 2, 4-13-2010; Ord. No. 2012-375, § 3, 1-24-2012)

As provided in Chapter 14.74 of this title.

(Ord. 04-267 § 5 (part))

As provided in Chapter 14.68 of this code.

(Ord. 04-267 § 5 (part); Ord. No. 2015-414, § 12, 9-8-2015)

As provided in Chapter 14.72 of this title.

(Ord. 04-267 § 5 (part))

As provided in Chapter 14.66 of this title.

(Ord. 04-267 § 5 (part))

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018)