18 - R-1P SINGLE-FAMILY PLANNED RESIDENTIAL ZONING DISTRICT
Sections:
There is established the R-1P single-family planned residential zoning district and the standards and regulations by which certain land uses may be permitted therein.
(Ord. 876 §37, 1999).
The essential function of the R-1P single-family planned residential zoning district is to provide for one single-family residential dwelling per lot with a minimum lot size of six thousand square feet, or 7.3 dwelling units per acre, and to stabilize and preserve single-family residential neighborhoods. It is further intended for this zoning district to encourage single-family planned unit development's five acres or larger in size processed in accordance to Chapter 17.34, Planned Unit Development.
(Ord. 876 §38, 1999).
The land uses permitted in the R-1P single-family planned residential zoning district are as follows:
(1)
One single-family building per lot;
(2)
Noncommercial gardening and fruit raising;
(3)
Signs in accordance to Chapter 17.38, Signs;
(4)
Fences and hedges in accordance to Chapter 17.40, Fences and Hedges;
(5)
Planned unit developments a minimum of five acres in size, in accordance with Chapter 17.34, Planned Unit Development;
(6)
Wireless communication service facilities in accordance with Chapter 17.52, Wireless Communications Facilities;
(7)
Animals in accordance with MLMC Title 7, Animals.
(Ord. 876 §39, 1999).
Unless otherwise in this chapter or otherwise approved as part of a planned unit development the following uses are permitted as an accessory use, only when in combination with the permitted primary use (1), as indicated above in Section 17.18.030:
(1)
One above or below ground private swimming pool per lot shall be enclosed by a fence at least forty-eight inches high with a locking entry gate or otherwise in accordance with the International Building Code;
(2)
Outdoor patio and/or deck (covered and uncovered);
(3)
Home occupations in accordance with Chapter 17.45, Home Occupation Permit;
(4)
One of the following accessory buildings provided in subsection (4)(A) of this section and one of the accessory buildings provided in subsection (4)(B) of this section, and any combination of two of the accessory buildings provided in subsection (4)(C) of this section:
(A)
Attached garage or carport or structure that combines these two uses;
(B)
Detached garage or carport or work shop or structure that combine one or more of these uses;
(C)
Detached minor structure such as a storage building, gazebo, hot-tub enclosure, greenhouse, or play house.
(Ord. 876 §40, 1999).
(Ord. No. 1027, § 9, 4-16-2013)
The following conditional uses may be permitted in the R-1P, single-family planned residential zoning district through a conditional use permit as described in MLMC Chapter 17.48, Variances, Conditional Use Permits and Appeals.
(1)
Churches, schools, hospitals and government;
(2)
Dependent care housing;
(3)
Essential public facilities other than secure community transition facilities.
(Ord. 929 §6, 2002: Ord. 876 §41, 1999).
(Ord. No. 1027, § 10, 4-16-2013; Ord. No. 1130, § 40, 11-19-2024)
Unless otherwise in this chapter or otherwise approved as part of a planned unit development all property uses permitted in the R-1P zoning district including primary, accessory and conditional at a minimum, shall conform to the following development standards:
(1)
Lot Size and Coverage.
(A)
Minimum lot size is six thousand square feet.
(B)
Minimum lot width is sixty feet at the building line, and having not less than fifty feet of street frontage.
(C)
Maximum lot coverage is thirty-five percent.
(2)
Minimum Setback Requirements.
(A)
Front yard: minimum front yard setback is fifteen feet.
(B)
Interior side yard: minimum interior side yard setback is five feet.
(C)
Corner side yard: minimum corner side yard setback is ten feet.
(D)
Rear yard: minimum rear yard setback is fifteen feet.
(E)
That portion of any structure (i.e., garage, carport, dwelling) that is located adjacent to a driveway and/or other portion of property used for parking that is situated between said structure and a city street shall be set back a minimum distance of twenty feet.
(F)
Signs in accordance with Chapter 17.38, Signs.
(G)
Fences and hedges in accordance with Chapter 17.40, Fences and Hedges.
(3)
Maximum building height shall not exceed thirty-five feet. The following types of structures or structural parts are not subject to the maximum building height limitation: aerials, chimneys, church spires, cupolas, domes, fire and hose towers: flagpoles, monuments, radio or television antennas, communication towers and associated antennas, water towers and other similar projections.
(4)
Off-Street Parking. A minimum two off-street parking spaces shall be required per residential unit in accordance with Chapter 17.36, Off-Street Parking.
(Ord. 876 §42, 1999).
Unless otherwise approved as part of a planned unit development all single-family dwellings shall meet the following provisions as a minimum standard:
(1)
Minimum Floor. The minimum square feet of floor area, as measured around the perimeter of the structure, not to include an attached garage or other attached accessory use shall be as follows:
(A)
Single-story residential structure: not less than eight hundred square feet.
(B)
Two or more level residential structure: not less than eight hundred square feet.
(C)
Two-story or taller, residential structure: not less than six hundred fifty square feet on each story; provided that if the main floor has not less than eight hundred square feet, no minimum frontage shall be required on the other story(ies).
(2)
Width. The minimum width of the main body of the home, as assembled on the site shall be not less than twenty-four feet, as measured across the narrowest portion.
(3)
Foundation. A permanent, perimeter masonry, wood or concrete foundation shall be required.
(4)
Siding Materials. Siding material shall be wood, masonite, masonry, stucco, vinyl or other comparable materials. The exterior siding material shall extend to the top of the foundation.
(5)
Roof. The following minimum roof standards shall apply:
(A)
Roof construction shall be fused together with, and completely supported by the primary structure.
(B)
Roof materials shall be composed of tile, asphalt, metal or similar product conforming to the International Building Code.
(C)
Roof pitch shall not be less than three feet of fall/rise for every twelve feet of run (3:12).
(D)
Roof overhang shall provide a minimum overhang of six inches.
(6)
[Cornices, Eaves, Gutters, Sunshades.] Cornices, eaves, gutters, sunshades and other similar architectural features may project not more than two feet into a required yard (setback). Chimneys and gas fireplace exhaust vents may project not more than eighteen inches into a required yard (setback).
(Ord. 876 §43, 1999).
(Ord. No. 1027, § 11, 4-16-2013)
Unless otherwise approved as part of a planned unit development, those accessory uses and standards specifically outlined in this section shall apply:
(1)
An attached garage or carport or structure that combines these two uses as permitted by this chapter shall meet the following provisions as minimum standards:
(A)
Minimum Floor. The structure shall be not less than two hundred fifty square feet in floor area.
(B)
Maximum Floor. The structure may be constructed up to a maximum of one thousand two hundred square feet in floor area provided that the total floor area of the attached, carport or combination structure does not exceed eighty percent of the total floor area of the primary use.
(C)
Width. The minimum width of the structure as assembled on the site, shall not be less than twelve feet, as measured across the narrowest portion.
(D)
Foundation. A permanent, perimeter masonry, wood or concrete foundation shall be required matching that of the primary residence.
(E)
Siding and Roofing. Siding and roofing materials shall be matching in color and composition to those of the primary dwelling. Additionally, subsection 17.18.070(5) of this chapter shall apply.
(F)
[Cornices, Eaves, Gutters, Sunshades.] Subsection 17.18.070(6) of this chapter shall apply.
(G)
Height. The maximum height shall not exceed that of the existing primary residential structure.
(2)
A detached garage or carport or workshop or a structure combining one or more of these three uses as permitted by this chapter shall meet the following provisions as minimum standards:
(A)
Minimum Floor. Structure shall not be less than one hundred twenty-one square feet in floor area.
(B)
Maximum Floor. Structure may be constructed up to a maximum of one thousand square feet in floor area provided that the total floor area of the structure does not exceed eighty percent of the total floor area of the primary use.
(C)
Siding. Siding materials shall be similar in color to those of the primary dwelling.
(D)
Roofing. Subsections 17.18.070(A) through (C) of this chapter shall apply.
(E)
[Cornices, Eaves, Gutters, Sunshades.] Subsection 17.18.070(6) of this chapter shall apply.
(F)
Height. The maximum height shall not exceed that of the existing primary residential structure.
(G)
Rear Yard. Minimum rear yard setback is five feet.
(3)
A detached minor structure such as a storage building, gazebo, hot-tub enclosure, greenhouse or playhouse for personal use as permitted by this chapter shall meet the following provisions as minimum standards:
(A)
Maximum Floor. Structure shall not exceed a maximum one hundred twenty square feet in floor area.
(B)
Height. The maximum height shall not exceed fifteen feet.
(C)
Location Prohibited. Structure shall not be located within a front yard.
(D)
Location Permitted. Structure may be located in rear and side yards provided that a minimum five-foot setback is maintained in both the side and read yards. When located in a side yard the structure shall be enclosed behind a sight-obscuring fence and/or buffered behind sight-obscuring landscape materials, with screening to be situated between the structure and the front yard. All screening materials (fence and landscaping) shall be at least sixty inches in height. When located closer than six feet from a residential type structure a "fire wall" and/or "protected opening" standard of construction shall be required in accordance to the International Building Code.
(Ord. 876 §44, 1999).
(Ord. No. 1027, § 12, 4-16-2013)
All substandard lots created prior to January 1, 1984 shall be exempt from the minimum lot size, minimum street frontage, and minimum lot width requirements set forth in this chapter.
(Ord. 876 §45, 1999).
18 - R-1P SINGLE-FAMILY PLANNED RESIDENTIAL ZONING DISTRICT
Sections:
There is established the R-1P single-family planned residential zoning district and the standards and regulations by which certain land uses may be permitted therein.
(Ord. 876 §37, 1999).
The essential function of the R-1P single-family planned residential zoning district is to provide for one single-family residential dwelling per lot with a minimum lot size of six thousand square feet, or 7.3 dwelling units per acre, and to stabilize and preserve single-family residential neighborhoods. It is further intended for this zoning district to encourage single-family planned unit development's five acres or larger in size processed in accordance to Chapter 17.34, Planned Unit Development.
(Ord. 876 §38, 1999).
The land uses permitted in the R-1P single-family planned residential zoning district are as follows:
(1)
One single-family building per lot;
(2)
Noncommercial gardening and fruit raising;
(3)
Signs in accordance to Chapter 17.38, Signs;
(4)
Fences and hedges in accordance to Chapter 17.40, Fences and Hedges;
(5)
Planned unit developments a minimum of five acres in size, in accordance with Chapter 17.34, Planned Unit Development;
(6)
Wireless communication service facilities in accordance with Chapter 17.52, Wireless Communications Facilities;
(7)
Animals in accordance with MLMC Title 7, Animals.
(Ord. 876 §39, 1999).
Unless otherwise in this chapter or otherwise approved as part of a planned unit development the following uses are permitted as an accessory use, only when in combination with the permitted primary use (1), as indicated above in Section 17.18.030:
(1)
One above or below ground private swimming pool per lot shall be enclosed by a fence at least forty-eight inches high with a locking entry gate or otherwise in accordance with the International Building Code;
(2)
Outdoor patio and/or deck (covered and uncovered);
(3)
Home occupations in accordance with Chapter 17.45, Home Occupation Permit;
(4)
One of the following accessory buildings provided in subsection (4)(A) of this section and one of the accessory buildings provided in subsection (4)(B) of this section, and any combination of two of the accessory buildings provided in subsection (4)(C) of this section:
(A)
Attached garage or carport or structure that combines these two uses;
(B)
Detached garage or carport or work shop or structure that combine one or more of these uses;
(C)
Detached minor structure such as a storage building, gazebo, hot-tub enclosure, greenhouse, or play house.
(Ord. 876 §40, 1999).
(Ord. No. 1027, § 9, 4-16-2013)
The following conditional uses may be permitted in the R-1P, single-family planned residential zoning district through a conditional use permit as described in MLMC Chapter 17.48, Variances, Conditional Use Permits and Appeals.
(1)
Churches, schools, hospitals and government;
(2)
Dependent care housing;
(3)
Essential public facilities other than secure community transition facilities.
(Ord. 929 §6, 2002: Ord. 876 §41, 1999).
(Ord. No. 1027, § 10, 4-16-2013; Ord. No. 1130, § 40, 11-19-2024)
Unless otherwise in this chapter or otherwise approved as part of a planned unit development all property uses permitted in the R-1P zoning district including primary, accessory and conditional at a minimum, shall conform to the following development standards:
(1)
Lot Size and Coverage.
(A)
Minimum lot size is six thousand square feet.
(B)
Minimum lot width is sixty feet at the building line, and having not less than fifty feet of street frontage.
(C)
Maximum lot coverage is thirty-five percent.
(2)
Minimum Setback Requirements.
(A)
Front yard: minimum front yard setback is fifteen feet.
(B)
Interior side yard: minimum interior side yard setback is five feet.
(C)
Corner side yard: minimum corner side yard setback is ten feet.
(D)
Rear yard: minimum rear yard setback is fifteen feet.
(E)
That portion of any structure (i.e., garage, carport, dwelling) that is located adjacent to a driveway and/or other portion of property used for parking that is situated between said structure and a city street shall be set back a minimum distance of twenty feet.
(F)
Signs in accordance with Chapter 17.38, Signs.
(G)
Fences and hedges in accordance with Chapter 17.40, Fences and Hedges.
(3)
Maximum building height shall not exceed thirty-five feet. The following types of structures or structural parts are not subject to the maximum building height limitation: aerials, chimneys, church spires, cupolas, domes, fire and hose towers: flagpoles, monuments, radio or television antennas, communication towers and associated antennas, water towers and other similar projections.
(4)
Off-Street Parking. A minimum two off-street parking spaces shall be required per residential unit in accordance with Chapter 17.36, Off-Street Parking.
(Ord. 876 §42, 1999).
Unless otherwise approved as part of a planned unit development all single-family dwellings shall meet the following provisions as a minimum standard:
(1)
Minimum Floor. The minimum square feet of floor area, as measured around the perimeter of the structure, not to include an attached garage or other attached accessory use shall be as follows:
(A)
Single-story residential structure: not less than eight hundred square feet.
(B)
Two or more level residential structure: not less than eight hundred square feet.
(C)
Two-story or taller, residential structure: not less than six hundred fifty square feet on each story; provided that if the main floor has not less than eight hundred square feet, no minimum frontage shall be required on the other story(ies).
(2)
Width. The minimum width of the main body of the home, as assembled on the site shall be not less than twenty-four feet, as measured across the narrowest portion.
(3)
Foundation. A permanent, perimeter masonry, wood or concrete foundation shall be required.
(4)
Siding Materials. Siding material shall be wood, masonite, masonry, stucco, vinyl or other comparable materials. The exterior siding material shall extend to the top of the foundation.
(5)
Roof. The following minimum roof standards shall apply:
(A)
Roof construction shall be fused together with, and completely supported by the primary structure.
(B)
Roof materials shall be composed of tile, asphalt, metal or similar product conforming to the International Building Code.
(C)
Roof pitch shall not be less than three feet of fall/rise for every twelve feet of run (3:12).
(D)
Roof overhang shall provide a minimum overhang of six inches.
(6)
[Cornices, Eaves, Gutters, Sunshades.] Cornices, eaves, gutters, sunshades and other similar architectural features may project not more than two feet into a required yard (setback). Chimneys and gas fireplace exhaust vents may project not more than eighteen inches into a required yard (setback).
(Ord. 876 §43, 1999).
(Ord. No. 1027, § 11, 4-16-2013)
Unless otherwise approved as part of a planned unit development, those accessory uses and standards specifically outlined in this section shall apply:
(1)
An attached garage or carport or structure that combines these two uses as permitted by this chapter shall meet the following provisions as minimum standards:
(A)
Minimum Floor. The structure shall be not less than two hundred fifty square feet in floor area.
(B)
Maximum Floor. The structure may be constructed up to a maximum of one thousand two hundred square feet in floor area provided that the total floor area of the attached, carport or combination structure does not exceed eighty percent of the total floor area of the primary use.
(C)
Width. The minimum width of the structure as assembled on the site, shall not be less than twelve feet, as measured across the narrowest portion.
(D)
Foundation. A permanent, perimeter masonry, wood or concrete foundation shall be required matching that of the primary residence.
(E)
Siding and Roofing. Siding and roofing materials shall be matching in color and composition to those of the primary dwelling. Additionally, subsection 17.18.070(5) of this chapter shall apply.
(F)
[Cornices, Eaves, Gutters, Sunshades.] Subsection 17.18.070(6) of this chapter shall apply.
(G)
Height. The maximum height shall not exceed that of the existing primary residential structure.
(2)
A detached garage or carport or workshop or a structure combining one or more of these three uses as permitted by this chapter shall meet the following provisions as minimum standards:
(A)
Minimum Floor. Structure shall not be less than one hundred twenty-one square feet in floor area.
(B)
Maximum Floor. Structure may be constructed up to a maximum of one thousand square feet in floor area provided that the total floor area of the structure does not exceed eighty percent of the total floor area of the primary use.
(C)
Siding. Siding materials shall be similar in color to those of the primary dwelling.
(D)
Roofing. Subsections 17.18.070(A) through (C) of this chapter shall apply.
(E)
[Cornices, Eaves, Gutters, Sunshades.] Subsection 17.18.070(6) of this chapter shall apply.
(F)
Height. The maximum height shall not exceed that of the existing primary residential structure.
(G)
Rear Yard. Minimum rear yard setback is five feet.
(3)
A detached minor structure such as a storage building, gazebo, hot-tub enclosure, greenhouse or playhouse for personal use as permitted by this chapter shall meet the following provisions as minimum standards:
(A)
Maximum Floor. Structure shall not exceed a maximum one hundred twenty square feet in floor area.
(B)
Height. The maximum height shall not exceed fifteen feet.
(C)
Location Prohibited. Structure shall not be located within a front yard.
(D)
Location Permitted. Structure may be located in rear and side yards provided that a minimum five-foot setback is maintained in both the side and read yards. When located in a side yard the structure shall be enclosed behind a sight-obscuring fence and/or buffered behind sight-obscuring landscape materials, with screening to be situated between the structure and the front yard. All screening materials (fence and landscaping) shall be at least sixty inches in height. When located closer than six feet from a residential type structure a "fire wall" and/or "protected opening" standard of construction shall be required in accordance to the International Building Code.
(Ord. 876 §44, 1999).
(Ord. No. 1027, § 12, 4-16-2013)
All substandard lots created prior to January 1, 1984 shall be exempt from the minimum lot size, minimum street frontage, and minimum lot width requirements set forth in this chapter.
(Ord. 876 §45, 1999).