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Murray City Zoning Code

CHAPTER 17

112 MEDIUM DENSITY RESIDENTIAL DISTRICT R-2-10

17.112.010: PURPOSE:

The purpose of the R-2-10 Zone is to provide areas for medium density residential development which provides persons who reside therein a comfortable, healthy, safe and pleasant residential environment. (Ord. 07-30 § 2)

17.112.020: 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-2-10 Zone:
Use No.
Use Classification
Use No.
Use Classification
1111
Single-family dwelling, detached.
1112
Single-family dwelling attached (twin-homes). Twin-homes shall meet the following yard and area requirements: 10,000 square foot lot minimum (5,000 square feet, each dwelling). Forty-foot minimum frontage on the public street (twenty feet, each dwelling). Each twin-home dwelling must maintain the minimum setbacks of the R-2-10 Zone with the additional setback of 0' interior where adjacent to second dwelling.
1121
Two-family dwelling (duplex).
1210
Residential facility for elderly persons (see chapter 17.32 of this title).
1210
Residential facility for persons with a disability (see chapter 17.36 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).
 
   C.   Accessory uses 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 and structures include, but are not limited to, the following:
      Accessory buildings such as garages, carports, bathhouses, private satellite antennas, private greenhouses, gardening sheds, and similar structures which are customarily used in conjunction with the principal use or structure.
      Home occupations subject to the regulations of the business licensing procedures of the City.
      Household pets.
      Private swimming pools, tennis courts, sports courts, and other similar private recreational uses.
      Storage of building materials used for construction of a building, including the contractor's temporary office; provided, that such use is on the building site or immediately adjacent thereto and provided further that such use shall be permitted only during the construction period and up to thirty (30) days thereafter.
      Vegetable/flower gardens and noncommercial orchards. (Ord. 25-31: Ord. 22-07: Ord. 17-03: Ord. 07-30 § 2)

17.112.030: CONDITIONAL USES:

The following uses and structures are permitted in the R-2-10 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
1111
Single-family dwelling - detached (in approved planned unit development only).
1112
Single-family dwellings - attached (in approved planned unit development only).
1121
Two-family dwelling (duplex) (in approved planned unit development only).
1241
Retirement homes, independent living or congregate care.
4711
Telephone exchange stations.
4712
Telephone relay towers, microwave or other.
4719
Other telephone 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 dwellings in which 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 dwellings only in which at least 9 but not more than 12 people at any given time will be receiving instruction).
6816
Denominational and sectarian schools.
6817
Schools for disabled; residential facility 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.
 
(Ord. 16-41: Ord. 07-30 § 2)

17.112.040: LOT AREA:

The minimum lot area of any lot or parcel of land shall be ten thousand (10,000) square feet. (Ord. 07-30 § 2)

17.112.050: LOT WIDTH:

Measured at the twenty five foot (25') minimum front yard setback line, an interior lot must be at least eighty feet (80') wide and a corner lot must be at least ninety feet (90') wide. (Ord. 07-30 § 2)

17.112.060: LOT FRONTAGE:

Each lot or parcel of land shall abut a public street for a minimum of forty feet (40'). (Ord. 07-30 § 2)

17.112.070: PRIOR CREATED LOTS:

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

17.112.080: YARD REQUIREMENTS:

Building lots and parcels in this zone shall meet the following minimum yard requirements:
   A.   Front Yard: The minimum depth of the front yard shall be twenty five feet (25'). On a corner lot, the front elevation of the main dwelling shall maintain the required minimum front yard setback. Using side yard setbacks in front yard areas will not be allowed on corner lots.
   B.   Side Yard: The minimum side yard shall be eight feet (8'), and the total width of the two (2) required side yards shall not be less than eighteen feet (18').
   C.   Side Yard; Corner Lot: The side yard contiguous to the street shall not be less than twenty feet (20') and shall not be used for vehicle parking, except such portion that is devoted to driveway use for access to a garage or carport.
   D.   Rear Yard: The minimum depth of the rear yard shall be twenty five feet (25').
   E.   Rear Yard; Accessory Buildings: Accessory buildings located at least six feet (6') to the rear of the main building may have a minimum rear yard of one foot (1'), provided no accessory building shall be located closer than ten feet (10') to a dwelling on an adjacent lot. Accessory buildings must have adequate facilities for the discharge of all roof drainage onto the property. Building height shall not exceed one story or twenty feet (20') and shall not be higher than the height of the main building.
   F.   Area Of Accessory Buildings: No accessory building or group of accessory buildings shall cover more than twenty five percent (25%) of the rear yard area. (Ord. 07-30 § 2)

17.112.090: 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 17.112.080 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 a 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 17.112.120 of this chapter.
   D.   Side Yard Accessory Buildings: 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. 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.
   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.   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.
   G.   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 17.112.120 of this chapter.
   H.   Drainage: Runoff drainage from accessory buildings and structures may not be directed onto adjacent property.
   I.   Compliance With Codes: Accessory buildings must meet all life safety and building codes.
   J.   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.
   K.   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.
   L.   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)

17.112.100: 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.

17.112.110: BUILDING HEIGHT:

No building shall be erected to a height greater than thirty five feet (35'), and no dwelling structure shall be erected to a height less than one story. Public and quasi-public buildings may be erected to a height greater than the height limit as authorized by a conditional use permit. (Ord. 07-30 § 2)

17.112.120: 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)

17.112.130: LANDSCAPING:

Whenever a residential dwelling is constructed, landscaping shall be installed in the front yard within one year from the date of the occupancy of the building. Landscaped areas shall consist of an effective combination of trees, ground cover, and shrubbery. All unpaved areas not utilized for access or parking shall be landscaped in a similar manner. All landscaping shall be maintained in a neat and orderly fashion. (Ord. 07-30 § 2)