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Murray City Zoning Code

CHAPTER 17

96 SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT R-1-6

17.96.010: PURPOSE:

To provide areas for single-family medium density residential with an opportunity for varied housing styles and character. (Ord. 07-30 § 2)

17.96.020: PERMITTED USES:

   A.   All uses and structures contained herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning Department.
   B.   The following uses are permitted in the R-1-6 Zone:
Use No.
Use Classification
Use No.
Use Classification
1111
Single-family dwelling, detached.
1210
Residential facility for persons with a disability (see chapter 17.36 of this title).
1210
Residential facility for elderly persons (see chapter 17.32 of this title).
4800
Utilities (lines and rights-of-way only) (except 4850).
6814
Charter school.
6815
Residential childcare facility (in single-family dwellings only with no more than sixteen (16) children other than those residing in the dwelling).
Group instruction (in single-family dwellings only with no more than 8 people other than those residing in the dwelling).
8156
Apiaries (includes all processes involved in honey production; on lots 8,000 square feet or larger; noncommercial only).
 
   C.   Accessory uses, buildings and structures which are customarily incidental to the above and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses, buildings and structures include, without limitation, the following:
      Accessory buildings and structures such as garages, carports, bathhouses, private greenhouses, gardening sheds, recreation rooms and similar buildings and structures which are customarily used in conjunction with the principal permitted use.
      Home occupations, subject to the provisions of chapter 17.24 of this title.
      Household pet as defined in this title and as allowed by law. Nothing herein shall be construed as authorizing the keeping of any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property.
      Other structures such as private swimming pools, tennis courts, game courts and other similar private recreational facilities; and private satellite antennas.
      Storage of materials which are to be used for construction of a building on the residential lot, and a contractor's temporary office, provided that such office is on the building site or immediately adjacent thereto, and provided further that unused materials and temporary office shall be removed within thirty (30) days after completion of construction.
      Vegetable/flower gardens and noncommercial orchards which do not involve a structure or building. (Ord. 25-31: Ord. 17-03: Ord. 16-39: Ord. 07-30 § 2)

17.96.030: CONDITIONAL USES:

The following uses and structures are permitted in the R-1-6 Zone only after a conditional use permit has been approved by the Planning Commission and subject to the terms and conditions thereof:
Use No.
Use Classification
Use No.
Use Classification
1112
Single-family dwellings - attached (in approved planned unit development only).
4711
Telephone exchange stations.
4712
Telephone relay towers, microwave or other.
4719
Other telephone communication.
4722
Telegraph transmitting and receiving stations (only).
4729
Other telegraph communications.
4732
Radio transmitting stations and relay towers.
4739
Other radio communication.
4742
Television transmitting stations and relay towers.
4749
Other television communication.
4790
Other communication.
4800
Utilities (except lines and rights of way).
6242
Cemeteries.
6720
Protective functions and related activities.
6811
Kindergarten schools.
6812
Elementary schools.
6813
Junior high schools.
6814
Senior high schools.
6815
Group educational home (preschool). (In single-family dwellings only in which at least 7 but not more than 12 children will be receiving instruction at any given time. There shall be no more than 8 sessions per week with each session lasting no more than 3 hours. No child shall attend more than 1 session per day.)
 
Group instruction (in single-family dwellings only in which at least 9 but not more than 12 people will be receiving instruction).
6816
Denominational and sectarian schools.
6817
Schools for disabled.
6911
Churches, synagogues, temples, and missions.
7111
Libraries.
7413
Tennis courts - public (as part of a public park).
7420
Playgrounds and athletic areas (as part of a public park).
7432
Swimming pools - public (as part of a public park).
7492
Picnicking areas - public (as part of a public park).
7600
Parks.
 
Accessory uses and buildings customarily incidental to the above. (Ord. 07-30 § 2)

17.96.040: LOT AREA:

The minimum lot area of any lot or parcel of land shall be six thousand (6,000) square feet for each detached single-family dwelling. For two-family dwellings, the minimum lot area shall not be less than twelve thousand (12,000) square feet. The density shall not be greater than seven (7) units per acre. (Ord. 07-30 § 2)

17.96.050: LOT WIDTH:

Measured at the twenty foot (20') minimum front yard setback line, an interior lot must be at least sixty feet (60') wide, and a corner lot must be at least seventy feet (70') wide. (Ord. 07-30 § 2)

17.96.060: LOT FRONTAGE:

Each lot or parcel of land in the R-1-6 zone shall abut a public street for a minimum distance of thirty five feet (35') on a line parallel to the centerline of the street or along the circumference of a cul-de-sac improved to city standards. Frontage on a street end which does not have a cul-de-sac improved to city standards shall not be counted in meeting this requirement. (Ord. 07-30 § 2)

17.96.070: PRIOR CREATED LOTS:

Lots or parcels of land which legally existed or were created by a preliminary or final plat approval prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the parcel requirements of this chapter. (Ord. 07-30 § 2)

17.96.080: YARD REQUIREMENTS:

Residential building lots in this zone district shall meet the following minimum yard requirements:
   A.   Front Yard: The minimum depth of the front yard shall be twenty feet (20') for both single-family and two-family dwellings.
   B.   Side Yard: The minimum side yard for a dwelling is five feet (5').
   C.   Side Yard; Corner Lot: A corner lot side yard which is contiguous to a public or private street shall have a minimum depth of twenty feet (20'). The other side yard shall be at least eight feet (8') in depth.
   D.   Rear Yard: The minimum depth of the rear yard shall be twenty five feet (25'). Single-family structures which existed prior to April 7, 1987, shall meet a fifteen foot (15') rear yard setback requirement. (Ord. 07-30 § 2)

17.96.090: USE RESTRICTIONS FOR YARD AREAS:

   A.   Front Yard: A front yard may not be used for vehicle parking, except upon a paved driveway used for access to a garage or carport or which provides access to the rear yard. On a corner lot, the front setback line of the main dwelling shall meet the minimum front yard setback described in section 17.96.080 of this chapter. The side yard setback requirements for a corner lot may not be substituted for the front yard area required by this chapter.
   B.   Corner Lot Side Yard: A corner lot side yard may not be used for vehicle parking, except upon a paved driveway which is used for access to a garage or carport.
   C.    Location Criteria: Accessory buildings or structures may be located in a corner lot side yard subject to these criteria:
      1.    An accessory building may be located in that portion of a corner lot side yard which could be enclosed by a six-foot (6') fence (referred herein as "6-foot fence line") as defined in chapter 17.64 of this title;
      2.    An accessory building may not be located closer than one-foot (1') to the six-foot (6') fence line;
      3.    The maximum height for the accessory building is determined according to the distance between the six-foot (6') fence line and the nearest point of the accessory building. The maximum height for an accessory building located at the closest allowable point (1 foot) from the six foot (6') fence line is eight feet (8'); the accessory building may be one foot (1') greater in height for each additional two feet (2') it is located nearer the dwelling, up to a maximum height of twelve feet (12'). Height is measured from ground to the peak, if any, of the roof of the accessory building;
      4.    Garage buildings or any building or structure designed or intended to be used for motor vehicle parking or storage may not be located in a corner lot side yard area;
      5.    An accessory building located in a corner lot side yard may not be located less than six feet (6') from the dwelling or less than ten feet (10') from a dwelling on an adjacent lot;
      6.    Accessory buildings and structures may not cover more than twenty five percent (25%) of a corner lot side yard. This restriction may not be construed to modify the general coverage restriction described in section 17.96.130 of this chapter.
   D.   Side Yard: When a side yard is used for access to a detached garage or carport to be used by one dwelling, that side yard shall be wide enough to provide an unobstructed twelve foot (12') paved driveway.
   E.   Rear Yard: An accessory building located in the rear yard must be located:
      1.   Six feet (6') or more behind the dwelling; and
      2.   Ten (10) or more feet from a dwelling on an adjacent lot; and
      3.   At least one foot (1') from all property boundary lines.
   F.   Side Yard Accessory Buildings: Such buildings and structures located in a side yard must comply with this chapter's setback requirements for dwellings and have adequate facilities for the discharge of all roof or other drainage onto the subject property and meet all city fire and building codes. Accessory buildings and structures shall be compatible with the exterior color and materials of the dwelling or shall utilize earthen tones.
   G.   Height: An accessory structure may consist only of a one-story building and may not exceed twenty feet (20') to the peak of the roof.
   H.   Area Of Accessory Buildings: Accessory buildings and structures may not cover more than twenty five percent (25%) of the rear yard area. This restriction may not be construed to modify the general coverage restriction described in section 17.96.130 of this chapter.
   I.   Drainage: Runoff drainage from accessory buildings and structures may not be directed onto adjacent property without the permission of that property's owner.
   J.   Compliance With Codes: Accessory buildings must meet all life safety and building codes.
   K.   Where Prohibited: Accessory buildings and structures are prohibited in a front yard. All accessory buildings and structures must be located in the side or rear yard.
   L.   Determination: The community & economic development director shall determine what constitutes an accessory use, building, or a structure as those terms are used in this title, and a person aggrieved by that determination may appeal to the appeal authority as provided by law.
   M.   Illumination: Illumination of accessory buildings and structures shall be directed down and away from adjoining residences.
(Ord. 21-19: Ord. 19-38 § 2: Ord. 14-10: Ord. 07-30 § 2)

17.96.100: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:

   A.   The following structures may project into a minimum front or rear yard not more than four feet (4'), and into a minimum side yard not more than two and one-half feet (21/2'):
      1.   Cornices, eaves, sills, buttresses or other similar architectural features;
      2.   Fireplace structures and bays;
      3.   Stairways, balconies, door stoops, fire escapes, awnings, skylights and planting boxes or masonry planters not exceeding twenty four inches (24") in height.
   B.   Any permanent roof or canopy attached to the main building which covers a use customarily recognized as an open, outdoor use, such as a patio, patio deck, hot tub, etc., and any uncovered deck attached to the main dwelling may extend into the rear yard no further than one-half the required rear yard setback distances, and into a front yard not more than seven (7) feet, if the following criteria are met:
      1.   The roof or canopy is not more than one (1) story in height.
      2.   The roof or canopy is no longer than one-half (1/2) the width of the main dwelling on which it is located.
      3.   The roof or canopy is entirely open on three (3) sides except for supporting columns and customary architectural features.
      4.   The columns supporting the roof or canopy are constructed on individual pad footings or similar design, and not on a continuous footing wall that could be used for future expansion of living space.
      5.   In no instance may the additions encroach to within less than twenty (20) feet of a front or street side yard property line, or to within less than ten (10) feet of a rear property line. (Ord. 25-30 § 2: Ord. 07-30 § 2)

17.96.110: HEIGHT REGULATIONS:

No building shall be erected to a height greater than thirty feet (30'), and no dwelling structure shall be erected to a height less than one story. Chimneys, flagpoles, church steeples and similar structures not used for human occupancy are excluded in determining height. Public and quasi-public buildings, when authorized, may be erected to a height greater than the height limit by conditional use permit. (Ord. 07-30 § 2)

17.96.120: PRIVATE SATELLITE ANTENNA:

Satellite antenna shall be set back from property lines as an accessory building. No antenna can exceed an overall diameter of twelve feet (12') or an overall height of fifteen feet (15') above existing grade. An antenna must be permanently ground mounted and no antenna may be installed on a portable or movable structure such as a trailer. (Ord. 07-30 § 2)

17.96.130: PERMISSIBLE LOT COVERAGE:

All buildings, including accessory buildings and structures, shall not cover more than forty percent (40%) of the area of the lot or parcel of land. (Ord. 07-30 § 2)