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Magna City Zoning Code

CHAPTER 19

28 SINGLE-FAMILY RESIDENTIAL ZONES

19.28.010 PURPOSE OF PROVISIONS

The purpose of the Single-Family Residential Zones is to establish primarily single-family neighborhoods which provide persons who reside therein a comfortable, healthy, safe and pleasant environment.

HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.28.020 SCHEDULE OF PERMITTED USES

  1. Schedule of Permitted Uses. The specific uses listed in the following schedule are permitted in the zones as indicated, subject to the general provisions, special conditions, additional restrictions, and exceptions set forth in this Title.
  2. Special Conditions. Any special conditions related to a specific use are in Chapter 19.42 Specific Use Standards.
  3. Procedure for Multiple Uses (Combination of Uses). If a development proposal involves a combination of uses other than accessory uses as identified in Table 19.28.020, the more restrictive provisions of this Title shall apply. For example, if a portion of a development is subject to Conditional Use (“C”) approval and the other portion is subject only to Permitted Use (“P) review, the entire development shall be reviewed and approved by the Conditional Use process.
  4. Abbreviations. The abbreviations used in the schedule mean:
    1. P = Permitted Use. This use is allowed in the zone but may be subject to additional restrictions and approval processes as provided in this Title.
    2. C = Conditional Use. This use is conditional because of the unique characteristics or potential impacts on the municipality, surrounding neighbors, or adjacent uses, incompatibility in some areas of the zone, or compatibility only if special provisions or conditions are required to mitigate the detrimental impacts of the use. The Planning Commission is the land use authority for uses with this designation.
    3. X = Prohibited Use. This use is prohibited in this zone. Any use not specifically identified in Table 19.28.020 is prohibited in this zone.

      Table 19.28.020 - Uses Allowed in Residential Zoning Districts
      Use CategoriesR-1-3/ R-1-4R-1-5R-1-6R-1-7R-1-8R-1-10R-1-21
      Residential:






      Dwelling, Single FamilyPPPPPPP
      Dwelling, Manufactured HomePPPPPPP
      Residential facilities for persons with a disability subject to Chapter 19.42 PPPPPPP
      Accessory Uses:






      Accessory Uses and Buildings Subject to Section 19.28.050PPPPPPP
      Accessory Dwelling Unit, Internal and Attached, subject to Chapter 19.42 XXPPPPP
      Accessory Dwelling Unit, Detached, subject to Section 19.28.050 and Chapter 19.42 XPPPPPP
      Guesthouse, the square footage of which shall be less than one thousand two hundred square feetXXXXXXP
      Home Occupations, subject to Chapter 19.42PPPPPPP
      Child Care, subject to Chapter 19.42PPPPPPP
      Household Pets, not including kennelsPPPPPPP
      Kennels, privateXXPPPPP
      Institutional Uses:






      Parks/Open SpacePPPPPPP
      Public Utilities, MajorCCCCCCC
      Public Utilities, MinorPPPPPPP
      Religious Institutions and UsesPPPPPPP
      Schools, PublicPPPPPPP
      Schools, Private/CharterCCCCCCC
      Planned Unit Developments, subject to Chapter 19.18:






      Condominium Conversion Planned Unit DevelopmentsPPPPPPP
      Infill Development Planned Unit DevelopmentsCCCCCCC
      Residential Neighborhood Planned Unit DevelopmentsCCCCCCC
      Residential Community Planned Unit DevelopmentsCCCCCCC
      Mixed Use Planned Unit DevelopmentXXXXXXX
      Commercial Planned Unit DevelopmentsXXXXXXX
      Other Uses:






      ApiaryXPPPPPP
      Agricultural/Gardening, excluding animal rightsPPPPPPP
      Animals and Fowl for family food production established prior to (the date of the adoption of this ordinance)XXXXXXC
      Bed and Breakfast InnXXXXXXC
      Residential Keeping of Chickens and Ducks, Subject to Chapter 19.42XXPPPPP
      Child Care, Residential and Licensed FamilyPPPPPPP
      Fences, walls and hedges subject to Section 19.28.70PPPPPPP
      Private, nonprofit recreational grounds and facilitiesPPPPPPP
      Sportsman’s Kennel (one-acre minimum lot area)XXXXXXC
      Temporary Construction Office associated with a permitted development projectPPPPPPP
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.28.030 LOT AREA, WIDTH AND MAXIMUM DENSITY

The minimum lot area and width requirements and maximum density are as follows:

Table 19.28.030 - Lot Area, Width and Yard Requirements.
ZoneMinimum Lot AreaMinimum Lot WidthDensity
R-1-33,000 Square Feet35 feet at a distance 20 feet from the front lot line11.0 Units per acre
R-1-44,000 Square Feet40 feet at a distance 20 feet from the front lot line9.0 Units per acre
R-1-55,000 Square Feet50 feet at a distance 20 feet from the front lot line7.0 Units per acre
R-1-66,000 Square Feet60 feet at a distance 25 feet from the front lot line6.0 Units per acre
R-1-77,000 Square Feet65 feet at a distance 25 feet from the front lot line5.0 Units per acre
R-1-88,000 Square Feet65 feet at a distance 25 feet from the front lot line4.5 Units per acre
R-1-1010,000 Square Feet80 feet at a distance 30 feet from the front lot line4.0 Units per acre
R-1-2121,780 Square Feet100 feet at a distance 30 feet from the front lot line2.0 Units per acre
  1. Density for Planned Unit Developments. The allowable density for PUD shall be determined by the Planning Commission on a case-by-case basis, taking into account the following factors: recommendations of municipal and reviewing agencies; site constraints; compatibility with nearby land uses; and the provisions of the applicable General Plan. Notwithstanding the above, the Planning Commission may not approve a PUD with density higher than the that enumerated in Table 19.28.030.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.28.040 PRIMARY STRUCTURE DEVELOPMENT STANDARDS

The following development standards apply to all primary residential and non-residential structures.

  1. Required Yards:
    1. Dwellings: The minimum yard requirements for a primary residential dwelling are as follows:

      Table 19.28.040A - Primary Residential Dwelling Setbacks.
      ZoneFront YardSide Yard, Interior Side Yard, Corner Lot
      Rear Yard
      R-1-3, R-1-4, R-1-520 Feet5 Feet120 Feet20 Feet3
      R-1-6, R-1-7, R-1-825 Feet8 Feet or 11/5 split2
      20 Feet
      25 Feet3
      R-1-10, R-1-2130 Feet10 Feet20 Feet30 Feet3
      1 Unless attached to a dwelling on an adjacent lot.
      2 Five feet (5’) on one side and eleven feet (11’) on the garage or driveway side.
      3 Homes with a garage existing or permitted prior to the adoption date of this ordinance may maintain a fifteen foot (15’) rear setback.
    2. The minimum yard requirements for a main building other than residential are as follows:

      Table 19.28.040B - Non-Residential Main Building Setbacks.
      ZoneFront Yard
      Side Yard
      Rear Yard
      R-1-3, R-1-4, R-1-520 Feet20 Feet20 Feet
      R-1-6, R-1-7, R-1-825 Feet
      20 Feet
      25 Feet
      R-1-10, R-1-2130 Feet20 Feet30 Feet
    3. Projections into Required Yards. The following structures may be erected on or projected into any required yard:
      1. Fences and walls that conform with this code;
      2. Landscape elements including trees, shrubs and other plants;
      3. Planter boxes or masonry planters not exceeding twenty-four inches (24”) in height;
      4. Necessary appurtenances for utility services associated with minor public utilities;
      5. Decks not more than two feet (2') high;
      6. Cornices, eaves, sills, planter boxes, fire escapes, stairways, landings, porches, decks, awnings or similar architectural features attached to the building and not enclosed by walls, extending not more than two feet (2’) into an interior side yard, or four feet (4’) into a front, rear or corner side yard;
      7. Bay windows, cantilevered floors and fireplace structures may project into any yard not more than two feet (2’), provided that they are not wider than eight feet (8’) wide;
      8. Chimneys, fireplace keys, box or bay windows or cantilevered walls attached to the building no greater than eight feet (8') wide and extending not more than two feet (2') into a side yard, or four feet (4') into a front or rear yard; and
      9. Projections into Required Yards. The following structures may be erected on or projected into any required yard:
        1. Accessory structures subject to Section 19.28.050.
  2. Building Height. Except as otherwise specifically provided in this Title, no building or structure may exceed the following height:
    1. Thirty feet (30’) on property if the slope of the original ground surface exceeds fifteen percent (15%), or the property is located in the hillside protection zone. The slope shall be determined using a line drawn from the highest point of elevation to the lowest point of elevation on the perimeter of a box which encircles the foundation line of the building or structure. Said box shall extend for a distance of fifteen feet (15’) or to the property line, whichever is less, around the foundation line of the building or structure. The elevation shall be determined using a certified topographic survey with a maximum contour interval of two feet (2’).
    2. Thirty-five feet (35’) on properties other than those listed in Subsection 19.28.050.B.1.
    3. No dwelling shall contain less than one (1) story or more than two stories except as part of a PUD, subject to Chapter 19.18.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.28.050 ACCESSORY STRUCTURE DEVELOPMENT STANDARDS

  1. Accessory Structure Location and Setback Requirements. The location and minimum setback requirements for an accessory structure in a single-family residential zone are as follows:
    1. Accessory structures shall be located in the side or rear yard and at least six feet (6’) away from the dwelling. No accessory structure may be located within the required front yard or between the main building and a street.
    2. Accessory structures shall be located at least one foot (1’) from an interior side property line, measured from the nearest portion of the structure, including eaves and overhangs. When the accessory structure is located in a side yard between two (2) existing main buildings, the accessory structure shall be located at least five feet (5’) from the property line.
    3. Accessory structures shall be located at least twenty feet (20’) from a street facing side property line. No accessory structure may be located between the main building and a street.
    4. Accessory structures shall be located at least one foot (1’) from the rear property line, except that when the rear yard is adjacent to the side yard of an adjacent lot, the minimum setback is ten feet (10’) from the adjoining side yard.
    5. No part of any accessory structure may be placed within one foot (1’) of the property line, including eaves, cantilevers and other protrusions from the structure.
  2. Accessory Structure Height requirements:
    1. No building which is accessory to a single-family dwelling may exceed twenty feet (20’) in height. For each foot (1’) of height over fourteen feet (14’), accessory structure shall be set back from the side and rear property lines an additional foot (1’) to allow a maximum height of twenty feet (20’).
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.28.060 LOT COVERAGE

  1. No combination of buildings, including accessory structure and other structures, may cover more than forty percent (40%) of the area of the lot or parcel of land.
  2. No accessory structure or group of accessory structures may cover more than twenty-five percent (25%) of the rear yard.
  3. The combined coverage area of all impervious surfaces, including buildings, driveways, paved walkways, patios, decks, and other structures, may not exceed 60% of the area of the lot.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023
Amended by Ord. 2024-O-16 on 12/10/2024

19.28.070 FENCING STANDARDS

  1. The term “fence” includes any tangible barrier, latticework, screen, wall, hedge, or continuous growth of shrubs or trees with the purpose of, or having the effect of, preventing passage or view across the fence line. Notwithstanding the provisions of this section, a fence, wall, screen, hedge, or other material serving as a fence, may not create a sight distance hazard to vehicular or pedestrian traffic as determined by the municipal engineer.
    1. Front Yard/Side Yard: A fence made of materials which are sight obscuring may be built to a maximum of three feet (3’) in any required front/side yard perimeter. A fence made of materials which are not sight obscuring (at least fifty percent (50%) open) may be built to a maximum of four feet (4’) in any required front/side yard. If an existing home is located on the property, the front/side yard perimeter is measured from the front property line to the front edge of the existing home. The fencing may slope upward to connect with a higher rear yard fence. The length of a sloped fence section may not exceed ten feet (10’).
    2. Rear Yard: A fence in a rear yard may be built to a maximum of seven feet (7’). If an existing home is located on the property, the rear yard perimeter is measured from the front edge of the existing home to the rear property line.
    3. Corner Lots: A fence not more than seven feet (7’) high may be constructed in the rear yard as defined in Subsection 19.28.070.A.2, Rear Yard, adjacent to a public street on a corner lot, if it does not obstruct clear view of intersecting streets as defined in Subsection 19.28.070.A.4, Clear Sight Triangle.
    4. Clear Sight Triangle: At intersections of alleys and driveways (this includes private driveways and adjacent private driveways), the triangle shall be defined by drawing a line between two (2) points that are a minimum of ten feet (10’) from the intersection along the property lines. At intersections of public streets, the triangle shall be defined by drawing a line between the two (2) points that are a minimum of forty feet (40’) from the intersection along the property lines. A fence within the clear sight triangle may not exceed three feet (3’) in height.
    5. Larger Clear Sight Triangle: Larger clear sight triangles may be required where local streets enter arterial streets, major collector streets, or parkways, except that “clear sight triangles” need not be maintained at signed or signalized intersections in the community center. “Clear sight triangles” may also be waived by the Planning Commission at signed or signalized intersections in neighborhood centers. A fence within the larger clear sight triangle may not exceed three feet (3’) in height.
    6. Grade Differences: If there is a difference in the grade of the properties on either side of a fence, wall or other similar structure, the height of the fence shall be measured from the natural grade of the property upon which it is located.
    7. Retaining Walls: If a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.
    8. Double Frontage Lots: A fence or wall may be erected in the rear yard of a double frontage lot.
    9. Fire Hydrants and Mailboxes: Fire hydrants and mailboxes shall be accessible from the public streets and may not be enclosed behind fences. The location of the fire hydrant shall be in accordance with the uniform fire code.
    10. Exceptions: The provisions of this Section may not apply to certain other fences including tennis court backstops or patio enclosures as approved by the Planning Commission, if it is determined that the fences do not create a hazard or violation of other sections of the municipal ordinances.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.28.080 ADDITIONAL STANDARDS

It is the responsibility of the applicant to comply with all other standards of Title 19 and all other municipal ordinances, including, without limitation:

  1. 19.04: Definitions
  2. 19.18: Planned Unit Developments
  3. 19.42: Specific Use Standards
  4. 19.44: Temporary Use Standards
  5. 19.46: Site Development Standards
  6. 19.48: Off-Street Parking and Loading  
  7. 19.50: Landscaping and Screening
  8. 19.52: Signs 
  9. 19.56: Flood Plain Regulations
  10. 19.58: Geological Hazards
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

2023-O-06 Title 19

2024-O-16