The uses permitted in Estate Residence Districts shall be as follows:

(a)

Any use permitted in a Residence A District. The uses permitted under subsections 129-31(d)—(o) shall be subject to the conditions and requirements contained in sections 129-32 and 129-33. The conditions and requirements contained in this subsection shall apply to all such uses in an Estate Residence District.

(b)

Stables housing horses may, if incidental to residential occupancy, be permitted as an accessory structure, subject to the following limitations and conditions: (i) A stable may not be located in a side yard or a front yard; (ii) No stable may be used for commercial purposes, including, without limitation, the boarding or breeding of horses owned by a person who is not a resident of the dwelling on the parcel on which the stable is located; (iii) No stable may be closer than 80 feet to any property line; and (iv) No stable may be closer than 100 feet to any dwelling located on an adjacent parcel.

(Ord. No. 1778, § 2(19-6-1), 9-8-2008; Ord. No. 1972, § 1, 2-27-2017)

(a)

Minimum dimensions of parcel.

(1)

Minimum area of parcel .....Two acres

(2)

Minimum width of parcel at all points between the street line and the front setback line .....200 feet

(3)

Minimum number of feet of the parcel which must abut a street .....200 feet

(b)

Minimum yards and building setbacks. .....

(1)

Minimum front yard setback .....100 feet

(2)

Minimum rear yard setback .....100 feet

(3)

Minimum side yard setback .....40 feet

(c)

Building limitations. .....

(1)

Maximum building height .....45 feet

(2)

Maximum number of stories .....Three

(Ord. No. 1778, § 2(19-6-2), 9-8-2008)

Any plan for the subdivision of a parcel which contains at least ten acres and is located in an Estate Residence District may provide for private ownership and maintenance of streets, parks, recreational facilities and open spaces included in such subdivision. All such private streets must be built in accordance with the city's standards, specifications and requirements for public streets, but with such exceptions thereto as may be permitted by the planning commission, acting in its discretion, in accordance with the city's regulations. Any such plan shall conform to all applicable regulations of the city, but with such exceptions thereto as shall be permitted by the planning commission, acting in its discretion, in accordance with such regulations. Any such plan shall set forth the location and dimensions of all lots upon which dwelling units are to be constructed and all easements, streets, parks, open spaces, recreational facilities and all other facilities to be constructed on any common area within such subdivision. In computing the number of square feet in a lot located within any such subdivision, there shall be included any portion of the lot which is subject to an easement for a private street, provided that such portion of the lot shall not exceed ten percent of the total area of the lot and provided further that such portion or the lot shall not be included in computing the 100-foot minimum required depth of the front yard of such lot or any setback line applicable to such lot. The plan shall provide for reasonable access over a private street from each lot to a public street. No private street, park, recreational facility or open space located within any such subdivision shall become a public street, park, recreational facility or open space to be maintained by the city, unless it is specifically dedicated to the public and, by ordinance, accepted by the city council.

(Ord. No. 1778, § 2(19-6-3), 9-8-2008)

(a)

Title to streets and other common areas. Title to all private streets, parks, recreational facilities and other common areas within a subdivision which is subject to section 129-73 may be held by a trustee for the benefit of the owners of the lots within such subdivision, by a private corporation, by an association of the residents thereof or as undivided interests held by the owners of the lots within such subdivision. Such trustee, corporation, association or owners (jointly and severally) shall be responsible for the proper care and maintenance of such streets, parks, recreational facilities and other common areas. All streets within any such development shall remain private and shall not become public streets to be maintained by the city.

(b)

Preliminary plan for subdivision. Any preliminary plan of a proposed Estate Residence District subdivision which is to be subject to section 129-73 and this subsection shall be accompanied by a statement of the manner in which title to any private streets, parks, recreational facilities and other common areas within the subdivision shall be held, and the manner in which the same shall be maintained. Prior to final approval of a subdivision plan for such subdivision, the developer shall submit appropriate legal documents which show the form of ownership of the property within the subdivision and assure adequate management and maintenance of all common areas, including private streets. The private streets and any other improvements located in the common areas shall be constructed and maintained in accordance with the same standards as are required by the city for public improvements of like or similar kind, or, if there are no such standards, such streets and other improvements shall be maintained in a good and serviceable condition, but with such exceptions thereto as shall be permitted by the planning commission, acting in its discretion, in accordance with the provisions of the city's subdivision regulations and other requirements with respect to private streets.

(Ord. No. 1778, § 2(19-6-4), 9-8-2008)