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Magna City Zoning Code

CHAPTER 19

30 MEDIUM AND HIGH-DENSITY RESIDENTIAL ZONES

19.30.010 PURPOSE OF PROVISIONS

The purpose of the medium and high-density residential zones is to promote a mix of housing opportunities combined with some limited commercial opportunities. It is the intent of the medium and high-density housing zones to be located in walkable and transit-oriented areas that allow for a wide range of amenities and businesses in close proximity.

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Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.020 ESTABLISHMENT OF MEDIUM AND HIGH-DENSITY RESIDENTIAL ZONES

To anticipate and respond to the changing needs of the municipality and implement housing choice and walkability concepts included in the adopted General Plan, including the vision of the Moderate Income Housing Opportunities Character Area, Magna City establishes the following zones:

  1. Two-Family Residential Zones (R-2). The R-2 Zones are intended to promote medium-density middle housing options between one and two (1-2) units per building. Multiple buildings may be located on one lot; however, lots with multiple buildings are encouraged to establish a PUD as part of the development process.
  2. Four-Family Residential Zones (R-4). The R-4 Zones are intended to promote medium-density middle housing options between one and four (1-4) units per building. Multiple buildings may be located on one lot; however, lots with multiple buildings are encouraged to establish a PUD as part of the development process. Medium-density housing will serve as a transition between higher-density commercial, residential, or mixed-used and low-density residential or single-family.
  3. Multi-Family Residential Zone (RM). The RM Zone is intended to promote medium and high-density residential housing of greater than four (4) units. Development projects in this zone should accommodate multi-modal transportation opportunities, open space, amenities for units, limited commercial uses, and provide buffering between high-density and low-density housing.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.030 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 19.30.030, 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 19.30.030 is prohibited in this zone.

      Table 19.30.030: Uses.
      Use CategoriesR-2-6.5R-4-8.5RM
      Residential:   
      Accessory StructuresPPP
      Accessory Dwellings, Internal and Attached subject to Chapter 19.42PPP
      Accessory Dwelling, Detached subject to Chapter 19.42XXX
      Dwelling, Single-FamilyPPX
      Dwelling, Single-Family AttachedPPP
      Dwelling, DuplexPPP
      Dwelling, Tri-plexXPP
      Dwelling, Four-plexXPP
      Dwelling, Multi-Family (5 dwellings or more)XCC
      Mobile Home ParkXPX
      Residential Facility for Persons with a disability subject to Chapter 19.42PPP
      Residential Facility for Elderly PersonsPPP
      Commercial:
        
      Bed and BreakfastXPP
      Home Occupation subject to Chapter 19.42PPP
      Child Care subject to Chapter 19.42PPP
      Child Care Centers subject to Chapter 19.42XXP
      Short-term RentalsXXX
      Planned Unit Developments, subject to Chapter 19.18:   
      Condominium Conversion Planned Unit DevelopmentsPPP
      Infill Development Planned Unit DevelopmentsCCC
      Residential Neighborhood Planned Unit DevelopmentsCCC
      Residential Community Planned Unit DevelopmentsCCC
      Mixed Use Planned Unit DevelopmentXXX
      Commercial Planned Unit DevelopmentsXXX
      Other:   
      Public or Quasi-Public UsePPP
      Shared ParkingPPP
      Rail Transit Mixed-useXXP
      Public Park and Open SpacePPP
      Private Park and Recreational GroundsXPP
      Temporary Buildings Incidental to Construction Work, and Other Temporary Buildings subject to Chapter 19.44PPP
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.040 DEVELOPMENT STANDARDS

Development in the R-2, R-4, and RM Zones shall comply with the development standards of this chapter, Table 19.30.040, and all other applicable standards in this Title.

Table 19.30.040: Development Standards.
ZoneR-2-6.5R-4-8.5RM
Minimum Lot Area, Single Family Dwelling (Detached)6,000 Sq Ft6,000 Sq Ft5,000 Sq Ft
Minimum Lot Width, Single Family Dwelling (Detached)60 Feet60 Feet50 Feet
Minimum Project Area, 2+Family Dwelling3,250 Sq Ft per dwelling 3,250 Sq Ft per dwelling 2,750 Sq Ft per dwelling
Minimum Width, 2+-Family Dwelling30 Feet per dwelling30 Feet per dwelling25 Feet per dwelling
Maximum Density, Planned Unit DevelopmentA12 Dwelling Units per acre18 Dwelling Units per acre25 Dwelling Units per acre
  1. Density for Planned Unit Developments. The allowable density for planned unit developments is determined by the Planning Commission on a case-by-case basis, taking into account the following factors: recommendations of the Planning and Development Services staff and reviewing agencies; site constraints; compatibility with nearby land uses; and the provisions of the adopted General Plan. Notwithstanding the above, the Planning Commission may not approve a PUD with density higher than that which is enumerated in Table 19.30.040.
  2. Calculating Density. Density calculations are based on gross density. Gross density is defined as the total number of residential dwelling units divided by the gross area of the parcel in question.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.050 REQUIRED YARDS, SETBACKS, AND BULK

Development in the R-2, R-4, and RM Zones that is not part of an approved PUD shall comply with the yard, setback, and bulk standards shown in Tables 19.30.050.A, 19.30.050.B, and all other applicable standards in this Title.

Table 19.30.050.A: Yard, Setback and Bulk Standards
ZoneR-2-6.5R-4-8.5RM
Minimum Front Yard Setback20 Feet20 Feet20 Feet
Minimum Setback from a Street Facing Garage to a sidewalk, trail or edge of pavement25 Feet25 Feet25 Feet
Minimum Side Yard Setback0 Feet/5 FeetA 0 Feet/5 FeetA 0 Feet/5 FeetA
Minimum Side Yard, Facing a Public Street20 Feet20 Feet20 Feet
Minimum Rear Yard15 Feet15 Feet15 Feet
Maximum Height35 Feet35 Feet35 Feet/60 FeetC
Maximum Lot Coverage40%40%40%
  1. There is no minimum side yard requirement if property lines are drawn along a shared wall.
  2. Distance between Primary Buildings.
    1. Where dwelling units share a common wall, no setback is required.
    2. On lots with more than one primary building, the minimum distance between primary buildings is subject to Table 19.30.050.B. It is intended that if lots with more than one primary building are ever subdivided, each building shall have a side yard equal to or greater than half of the required distance between building or the current standard for side yards in the underlying zone. In the event that regulations conflict for side yards, the stricter requirement shall take precedence.
  3. When a building contains five (5) or more dwellings, the maximum height is sixty feet (60’).
    Table 19.30.050.B: Yard and Bulk Regulations.

    Single-FamilyTwo-Family BuildingThree/Four Family BuildingMulti-plex (Five or more families)
    Minimum Yards; Residential Uses
    Minimum Distance Between Primary Buildings10 Feet 10 Feet 16 Feet 16 Feet
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.060 BUILDING HEIGHT

  1. Buildings in the R-2, R-4, and RM Zones shall comply with the height standards of Table 19.30.050.A and all other applicable standards in this Title.
  2. No dwelling may contain less than one (1) story.
  3. Within one hundred feet (100’) of sites zoned for single-family residential, the following standards apply:
    1. On the portion of the site within one hundred feet (100’) of a site zoned R-1, no structure or portion thereof may exceed thirty-five feet (35’) in height.  
    2. On the portion of the site within one hundred feet (100’) of a site zoned R-2, R-4, or RM, no structure or portion thereof may exceed forty-five feet (45’) in height.  

      Figure 19.30.060B: Building Height Adjacent to Residential Zones.


      Credit:
      MSD Planning and Development Services.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.070 ACCESSORY STRUCTURE DEVELOPMENT STANDARDS

  1. The minimum yard requirements for an accessory structure are as follows:

    Table 19.30.070: Accessory Structure Development Standards.
    ZoneR-2-6.5 R-2-8R-2-10R-4-8.5RM
    Side Yard1 Foot1 Foot1 Foot1 Foot1 Foot
    Side Yard, Facing a Public Street20 Feet20 Feet20 Feet20 Feet20 Feet
    Rear Yard1 Foot1 Foot1 Foot1 Foot1 Foot
    Setback from the Main Dwelling6 Feet6 Feet6 Feet6 Feet6 Feet
  2. No building which is accessory to a one-family or two-family dwelling may exceed twenty feet (20’) in height. For each one foot (1’) of height over fourteen feet (14’), accessory structures shall be set back from property lines an additional one foot (1’) up to the allowed maximum height of twenty feet (20’).
  3. No accessory structure or group of accessory structures shall cover more than twenty-five percent (25%) of the rear yard.

    Figure 19.30.070: Accessory Structure Standards.
    Credit: MSD Planning and Development Services.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.080 SUBDIVISION AND PUD STANDARDS FOR MEDIUM AND HIGH-DENSITY RESIDENTIAL

  1. The division of land for one- and two-family projects is subject to the requirements of Title 18.
  2. All other subdivisions in the medium and high-density residential zones are subject to all requirements in Chapter 19.18 and platted via a PUD plat.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.090 FENCING STANDARDS FOR ONE- AND TWO-FAMILY DWELLINGS

  1. The term “fence” shall include 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 a maximum of 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 19.30.090.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 19.30.090.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.
    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.
    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 be waived with respect 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 city ordinances.
HISTORY
Repealed & Replaced by Ord. 2023-O-06 Title 19 on 6/16/2023

19.30.100 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