Mustang City Zoning Code

Property and buildings in the defined residential districts shall be used only for those uses which have a "P" or an "R" in the zoning districts listed in the following table. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.09.020; Ord. No. 683, § 1, 3-17-1997; Ord. No. 776, § 1, 4-17-2001; Ord. No. 777, § 1, 4-17-2001; Ord. No. 1023, § 5, 6-16-2009; Ord. No. 1218, § 11, 2-2-2021)

(a)

The owner of a residence may obtain a permit to occupy a travel trailer for a temporary period when an unforeseen hazard involving a vehicular accident, fire, or natural disaster has made a single-family residence unsafe for occupancy.

(b)

An application for a permit for temporary occupancy shall be made by the owner within six months from the date of the unforeseen hazard on a form approved by the city manager, and shall include the following:

(1)

The name of the owner of the affected property, the street address of the affected property, the number of acres included in the affected property, and the current zoning of the affected property.

(2)

Three copies of a complete site plan illustrating the proposed location of the travel trailer, and showing the location thereof in relation to property boundaries and applicable set back lines.

(3)

Photographs of the travel trailer.

(4)

A statement affirming the owner's intention to rebuild the permanent residence on the affected property.

(5)

Such other information as deemed necessary or appropriate by the city manager.

(c)

Conditions.

(1)

The travel trailer must be placed on the property where construction is planned, and no portion therefore may be placed within ten feet of a property boundary, beyond an applicable set back line, over a utility easement, or in the sight triangle of an intersection.

(2)

Permits for temporary occupancy may be issued only to the owner of the affected residence at the time of the unforeseen hazard. Only the owner of the affected residence and the owner's family may occupy a travel trailer or recreational vehicle under a permit for temporary occupancy issued pursuant to this section.

(3)

Permits for temporary occupancy are valid for up to 12 months from the date of issuance. For good cause shown, the city inspector may extend a permit for temporary occupancy for a period not to exceed six months. An extension for more than six months may be granted only upon approval of the city council.

(4)

Only one permit for temporary occupancy is allowed for a property lying in a single-family zoning district, or on any tract of five acres or less.

(5)

The travel trailer must be skirted where appropriate, and be in compliance with manufacturer safety requirements.

(6)

The travel trailer shall contain a kitchen area and restroom facility.

(7)

Where available, municipal refuse, electric, water and sewer service shall be provided and connected to the travel trailer, as appropriate, during the period of temporary occupancy. Where the property is serviced by a septic or other private refuse system, the travel trailer shall be connected to such private sewer system during the period of temporary occupancy.

(8)

Permits for temporary occupancy shall terminate upon the occurrence of any of the following:

a.

Three months having passed since the date of issuance and no building permit being issued to rebuild or restore the primary residence on the property; provided, for good cause shown the city inspector may extend this period for an additional three months.

b.

The primary residence having been restored or rebuilt to a point where it can be occupied.

c.

Two years having passed from the date of issuance of the temporary permit.

(d)

The fee for a temporary permit under this section shall be the amount set forth in subsection 42-122(e) of this Code.

(Ord. No. 1100, § 1, 2-18-2014)

The R-E district provides single-family residential housing with rural amenities. Special attention should be given to overall design and location of lots within this district to ensure adequate light, air and open space are provided and to protect the area from being subject to intensified zoning once the district has been established and developed.

(Code 1977, § 17.10.010)

See section 122-241. Property and buildings in an R-E district shall be used only for those uses which have a "P" or an "R" in the R-E category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.10.020; Ord. No. 1023, § 6, 6-16-2009; Ord. No. 1218, § 12, 2-2-2021)

(a)

Minimum lot area. For a single-family dwelling in the R-E district, there shall be a lot area of not less than three-quarters acre for each dwelling and buildings accessory thereto, except as provided in article IX of this chapter.

(b)

Nonconforming lots. Where a lot has less area than required in this division and all the boundary lines of that lot touch lands under other ownership on October 18, 1984, that lot may be used for any of the uses, except churches, permitted by this division.

(c)

Raising of animals and poultry. The raising of animals or poultry shall be in accordance with the ordinances of the city and in accordance with the following provisions:

(1)

There shall be provided a fenced area of not less than 20,000 square feet, exclusive of the area covered by the main buildings and required front and side yards, for each large animal, including horses, cattle and sheep, and all structures and buildings for the care and protection of animals shall be located not closer than 20 feet to a side or rear lot line.

(2)

Animals and poultry may not be kept on any lot of less than two acres which does not contain an occupied dwelling.

(3)

The raising of hogs shall be prohibited on all tracts of less than 40 acres. The number of hogs over two months of age shall not exceed 20 grain-fed or five garbage-fed hogs. Hogs shall not be located closer than 100 feet to the property line of the tract in which they are located.

(Code 1977, § 17.10.030)

For dwellings in the R-E district, there shall be a minimum lot width of 55 feet at the front building line, and such lot shall abut on a street for a distance of not less than 40 feet.

(Code 1977, § 17.12.040)

All buildings in the R-E district shall be set back from street right-of-way lines to comply with the following yard requirements, except as provided in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building, but shall not encroach on any easements. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than ten feet for dwellings of one story, and of not less than 15 feet for dwellings of more than one story, except as provided in article IX of this chapter.

b.

For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located more than 90 feet behind the front lot line.

c.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case; provided, however, that the side yard setback adjacent to a federal, state or county highway and section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

d.

Churches and main accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all interior side lot lines a distance of not less than 35 feet. The side yard setback from the intersecting street on the corner lot shall be the same as required in subsection (3)c of this section.

(Code 1977, § 17.10.050; Ord. No. 1138, § 2, 5-3-2016)

Main and accessory buildings in the R-E district shall not cover more than 25 percent of the lot area on interior lots, and 30 percent of the lot area on corner lots. Accessory buildings shall not cover more than 20 percent of the rear yard.

(Code 1977, § 17.10.060)

No building in the R-E district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.10.070)

All lots in the R-E district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.10.080)

The principal use of land in the R-1 district is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each element.

(Code 1977, § 17.12.010)

See section 122-241. Property and buildings in an R-1 district shall be used only for those uses which have a "P" or an "R" in the R-1 category listed. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.12.020; Ord. No. 1023, § 7, 6-16-2009; Ord. No. 1218, § 13, 2-2-2021)

(a)

Single-family dwellings. For a single-family dwelling in the R-1 district, there shall be a lot area of not less than 7,200 square feet for each dwelling and building accessory thereto, except as provided in section 122-841.

(b)

Nonconforming lots. Where a lot has less area than required in this division and all the boundary lines of that lot touch lands under other ownership on October 18, 1984, that lot may be used for any of the uses permitted by this division.

(c)

Other uses. For main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this division and the off-street parking areas required in article X of this chapter.

(Code 1977, § 17.12.030; Ord. No. 916, § 1, 8-3-2004)

For dwellings in the R-1 district, there shall be a minimum lot width of 60 feet at the front building line, and such lot shall abut on a street for a distance of not less than 45 feet.

(Code 1977, § 17.12.040; Ord. No. 917, § 1, 8-3-2004)

All buildings in the R-1 district shall be set back from street right-of-way lines to comply with the following yard requirements, except as provided in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet; provided, if 50 percent or more of the front lot is situated on a cul-de-sac or eyebrow curve, the minimum depth of the front yard shall be 25 feet. For purposes of this subsection, an "eyebrow curve" shall mean a partial bulb located adjacent to the serving road that provides access to lots and can serve as a vehicle turnaround, which bulb has a minimum 50-foot radius to property line or 40-foot radius to the curve.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building, and shall not encroach on any easements. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For dwellings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than five feet for one-story main buildings and not less than eight feet for main buildings of more than one story. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet back of the front property line.

b.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.12.050; Ord. No. 950, § 1, 11-15-2005; Ord. No. 1138, § 3, 5-3-2016)

Main buildings in the R-1 district shall not cover more than 35 percent of the lot area on interior lots and 40 percent of the lot area on corner lots. Accessory buildings shall not cover more than 15 percent of the rear yard.

This regulation shall apply only to plats applied for after the effective date of this section. Any dwellings built prior to the effectiveness of this section may be rebuilt at up to its previous lot area coverage.

(Code 1977, § 17.12.060; Ord. No. 924, § 1, 11-2-2004)

No building in the R-1 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.12.070)

All lots in the R-1 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.12.080)

The R-2 district is a residential district intended to provide for a slightly higher population density but with basic restrictions similar to the R-1 district. The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through the consideration of the proper functional relationship and arrangement of each element.

(Code 1977, § 17.14.010)

See section 122-241. Property and buildings in an R-2 district shall be used only for those uses which have a "P" or an "R" in the R-2 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.14.020; Ord. No. 1023, § 8, 6-16-2009; Ord. No. 1218, § 14, 2-2-2021)

(a)

Single-family dwellings. For each single-family dwelling and accessory building in the R-2 district, there shall be a lot area of not less than 6,600 square feet, except as provided in section 122-841.

(b)

Single-family dwellings with garage apartment. Where a garage apartment is located on the same lot with a single-family dwelling, there shall be a lot area of not less than 8,400 square feet.

(c)

Two-family dwellings. For each two-family dwelling, there shall be a lot area of not less than 4,200 square feet per unit.

(d)

Nonconforming lots. Where a lot has less area than required in this division and all boundary lines of that lot touch lands under other ownership on October 18, 1984, that lot may be used for any use permitted in the R-2 district.

(Code 1977, § 17.14.030)

(a)

Single-family dwellings. For single-family dwellings in the R-2 district, or single-family dwellings and garage apartments, there shall be a minimum lot width of 55 feet at the front building line, and the lot shall abut on a street for a distance of not less than 40 feet.

(b)

Two-family dwellings. For two-family dwellings, there shall be a minimum lot width of 30 feet for each dwelling unit, and the lot shall abut on a street for a distance of not less than 20 feet for each dwelling unit.

(Code 1977, § 17.14.040)

All buildings in the R-2 district shall be set back from the street right-of-way to comply with the following yard requirements, except as set forth in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of the main building and shall not encroach on any easement. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For detached dwellings and for unattached sides of dwellings located on an interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that detached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet from the front property line.

b.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.14.050; Ord. No. 1138, § 4, 5-3-2016)

Main and accessory buildings in the R-2 district shall not cover more than 30 percent of the lot area on interior and corner lots. Accessory buildings shall not cover more than 20 percent of the rear yard.

(Code 1977, § 17.14.060)

No building in the R-2 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.14.070)

All lots in the R-2 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.14.080)

The R-3 district is intended to provide for multiple-family development which has a concentration of dwelling units served by open spaces, including common areas and facilities. The principal use of land is for townhouses and multiple-family dwellings and recreational, religious and educational uses normally located to service the basic elements of convenient, balanced and attractive living areas.

(Code 1977, § 17.16.010)

See section 122-241. Property and buildings in an R-3 district shall be used only for those uses which have a "P" or an "R" in the R-3 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.16.020; Ord. No. 1023, § 9, 6-16-2009; Ord. No. 1218, § 15, 2-2-2021)

(a)

Single-family dwellings. For a single-family dwelling in the R-3 district there shall be a lot area of not less than 6,600 square feet.

(b)

Single-family dwellings with garage apartment. Where a garage apartment is located on the same lot with a single-family dwelling, there shall be a lot area of not less than 8,400 square feet.

(c)

Two-family dwellings. For a two-family dwelling, there shall be a lot area of not less than 4,200 square feet per unit.

(d)

Townhouses and multiple-family units. For townhouses and multiple-family units, there shall be a lot area of not less than 5,445 square feet per unit.

(e)

Other uses. For main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall not be less than that required in an R-3 district, and shall be adequate to provide the yard areas required by this division and the off-street parking areas required in article X of this chapter.

(Code 1977, § 17.16.030; Ord. No. 845, § 1, 7-15-2003)

(a)

Single-family dwellings. For single-family dwellings in the R-3 district, and for single-family dwellings and garage apartments located on the same lot, there shall be a minimum lot width of 55 feet at the front building line, and the lot shall abut on a street for a distance of not less than 40 feet.

(b)

Two-family dwellings. For two-family dwellings, there shall be a minimum lot width of 30 feet for each dwelling unit, and the lot shall abut a street for a distance of not less than 20 feet for each dwelling unit.

(c)

Townhouses. For townhouse dwellings, there shall be a minimum lot width of 22 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 22 feet.

(d)

Multiple-family dwellings. For multiple-family dwellings, there shall be a minimum lot width of 60 feet at the front building line, and the width shall be increased by ten feet for each additional dwelling unit exceeding three which is located in the structure; however, the lot width at the front building line shall not be required to exceed 150 feet. The front lot line shall abut a street for a distance of not less than 55 feet.

(Code 1977, § 17.16.040)

All buildings in the R-3 district shall be set back from street right-of-way or property lines to comply with the following yard requirements, except as set forth in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet.

(2)

Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of the main building, and shall not encroach on any easement. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For detached dwellings and for unattached sides of attached dwellings located on an interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story, and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that detached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet from the front property line.

b.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.16.050; Ord. No. 1138, § 5, 5-3-2016)

Main and accessory buildings in the R-3 district shall not cover more than 30 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.

(Code 1977, § 17.16.060)

No building in the R-3 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.16.070)

(a)

Requirements. Whenever any new R-3 low-density multi-family residential land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade shall be constructed between the R-3 low-density multi-family residential land use and residential lots. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot lines and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the R-3 lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence or, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the R-3 low-density multi-family residential use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for R-3 low-density multi-family residential districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any R-3 low-density multi-family residential district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, or, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed screening, fencing, and/or planting to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for screening, fencing, and/or planting is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in R-3 low-density multi-family residential districts. In those R-3 low-density multi-family residential districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the R-3 low-density multi-family residential district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, screening, and planting, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, landscaping or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.16.080; Ord. No. 817, § 1, 10-1-2002)

All lots in the R-3 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.16.090)

All two-family dwellings, townhouses and multiple-family units in the R-3 district shall have a brick or masonry facade covering 100 percent of all sides of the building, excluding gabled ends.

(Ord. No. 846, § 1, 7-15-2003)

The R-4 district is a higher density residential district which encourages multiple-family residential developments representing a broad variety of housing types and densities. The principal use of land can range from single-family to multiple-family uses. Certain uses which are functionally more compatible with intensive residential uses rather than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each element.

(Code 1977, § 17.18.010)

See section 122-241. Property and buildings in an R-4 district shall be used only for those uses which have a "P" or an "R" in the R-4 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.18.020; Ord. No. 1023, § 10, 6-16-2009; Ord. No. 1218, § 16, 2-2-2021)

(a)

Single-family dwellings. For a single-family dwelling and accessory buildings in the R-4 district, there shall be a lot area of not less than 6,600 square feet.

(b)

Single-family dwellings with garage apartment. Where a garage apartment is located on the same lot with a single-family dwelling, there shall be a lot area of not less than 8,400 square feet. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than 1,700 square feet more than is required for the two-family or multiple-family dwelling.

(c)

Two-family dwellings. For a two-family dwelling, there shall be a lot area of not less than 4,200 square feet per unit.

(d)

Townhouses. For each townhouse dwelling unit, including an accessory building, there shall be a lot area of not less than 4,356 square feet.

(e)

Multiple-family units. For multiple-family dwellings there shall be provided a lot area of not less than 43,560 square feet for up to ten units. An additional 4,356 square feet shall be added to the minimum lot area requirement for each multiple-family housing unit more than ten which is located on a lot.

(f)

Other uses. For main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot areas shall be adequate to provide the yard areas required by this division and the off-street parking areas required in article X of this chapter.

(Code 1977, § 17.18.030; Ord. No. 847, § 1, 7-15-2003; Ord. No. 848, § 1, 7-15-2003)

(a)

Single-family dwellings. For single-family dwellings in the R-4 district, and for a single-family dwelling and garage apartment located on the same lot, there shall be a minimum lot width of 55 feet at the front building line, and the lot shall abut on a street for a distance of not less than 40 feet.

(b)

Two-family dwellings. For two-family dwellings, there shall be a minimum lot width of 30 feet for each dwelling unit, and the lot shall abut on a street for a distance of not less than 20 feet for each dwelling unit.

(c)

Townhouses. For townhouse dwellings, there shall be a minimum lot width of 22 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 22 feet.

(d)

Multiple-family dwellings. For multiple-family dwellings, there shall be a minimum lot width of 100 feet at the front building line, and the width shall be increased by ten feet for each additional dwelling unit exceeding ten which is located on a lot; however, the lot width at the front building line shall not be required to exceed 150 feet. The front lot line shall abut a street for a distance of not less than 50 feet.

(Code 1977, § 17.18.040)

All buildings in the R-4 district shall be set back from street right-of-way or property lines to comply with the following yard requirements, except as set forth in article IX of this chapter:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 30 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 30 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Rear yard. For main buildings other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building, and shall not encroach on any easements. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For detached dwellings and for unattached sides of dwellings located on an interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story, and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that detached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 90 feet from the front property line.

b.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.18.050; Ord. No. 1138, § 6, 5-3-2016)

Main and accessory buildings in the R-4 district shall not cover more than 35 percent of the lot area; provided, however, that a townhouse located on a lot with a rear yard abutting a common open space as authorized in section 122-383(d) may cover not more than 40 percent of the lot area exclusive of the common area. Accessory buildings shall not cover more than 30 percent of the rear yard.

(Code 1977, § 17.18.060)

No building in the R-4 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.18.070)

(a)

Requirements. Whenever any new R-4 multi-family residential land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any sub-category thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the R-4 multi-family residential land use and the adjacent residential tract or lot. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot line and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the R-4 lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence or, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the R-4 multi-family residential use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for R-4 multi-family residential districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any R-4 multi-family residential district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, or, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed screening, fencing, and/or planting to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for screening, fencing, and/or planting is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in R-4 multi-family residential districts. In those R-4 multi-family residential districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the R-4 multi-family residential district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, screening, and planting, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, landscaping or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.18.080; Ord. No. 818, § 1, 10-1-2002)

All lots in the R-4 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.18.090)

All two-family dwellings, townhouses and multiple-family units in the R-4 district shall have a brick or masonry facade covering 100 percent of all sides of the building, excluding gabled ends.

(Ord. No. 849, § 1, 7-15-2003)

The R-MH-1 district is a restrictive residential district. The principal use of land is a freestanding manufactured home used as a single residence. The purpose of this district is to provide a grouping of home sites within the setting of a residential subdivision for manufactured homes. This district provides for individual lots which allow the manufactured home owner to own the property on which his home is situated. Provision is made for related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for manufactured homes and related facilities, and through the consideration of proper functional relationship and arrangement of each element. A minimum subdivision size is established to ensure that a sufficiency of compatible housing types can be established to create a desirable environment.

(Code 1977, § 17.20.010; Ord. No. 704, § 1, 1-19-1999)

(a)

See section 122-241. Property and buildings in an R-MH-1 district shall be used only for those uses which have a "P" or an "R" in the R-MH-1 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq. Property and buildings in an R-MH-1 district shall be used as follows:

(1)

Permitted uses include manufactured homes, churches, synagogues, temples, golf courses, libraries, parks, playgrounds, public buildings and schools.

(2)

Uses permitted on review include day care centers, electric regulating stations and museums.

(b)

A mobile home is not allowed in the R-MH-1 district. (See section 122-1 for the definition of mobile home.)

(Code 1977, § 17.20.020; Ord. No. 704, § 1, 1-19-1999; Ord. No. 1023, § 11, 6-16-2009; Ord. No. 1218, § 17, 2-2-2021)

(a)

Minimum subdivision size. A minimum subdivision size of 15 acres is established for the R-MH-1 district, which shall be platted in accordance with the subdivision regulations.

(b)

Lot area for dwellings. For each dwelling and accessory buildings thereto, there shall be a lot area of not less than 6,600 square feet.

(Code 1977, § 17.20.030; Ord. No. 704, § 1, 1-19-1999)

For dwellings in the R-MH-1 district, there shall be a minimum lot width of 55 feet at the front building line, and such lot shall abut on a street for a distance of not less than 40 feet.

(Code 1977, § 17.20.040; Ord. No. 704, § 1, 1-19-1999)

All buildings in the R-MH-1 district shall be set back from the street right-of-way to comply with the following yard requirements:

(1)

Front yard. The front yard shall have a minimum depth of 30 feet.

(2)

Double frontage lots. When a lot has double frontage, the front yard requirements shall be provided on both streets.

(3)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building, but shall not encroach on any easements. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(4)

Side yard for interior lots. Side yards for dwellings located on interior lots shall be not less than five feet on each side. Unattached buildings or accessory use buildings shall have side yards of not less than five feet.

(5)

Side yard for corner lots. For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet.

(Code 1977, § 17.20.050; Ord. No. 704, § 1, 1-19-1999; Ord. No. 1138, § 7, 5-3-2016)

Main and accessory buildings in the R-MH-1 district shall not cover more than 25 percent of the lot area on interior lots, and 30 percent of the lot area on corner lots. Accessory buildings shall not cover more than 20 percent of the rear yard.

(Code 1977, § 17.20.060; Ord. No. 704, § 1, 1-19-1999)

No building in the R-MH-1 district shall be more than 35 feet in height.

(Code 1977, § 17.20.070; Ord. No. 704, § 1, 1-19-1999)

All home structures in the R-MH-1 district shall have an attached or detached garage consistent with the material and appearance of the dwelling.

(Code 1977, § 17.20.080; Ord. No. 704, § 1, 1-19-1999)

All lots in the R-MH-1 district shall be landscaped and maintained per article IX, division 2 of this chapter.

(Code 1977, § 17.20.090; Ord. No. 704, § 1, 1-19-1999)

Manufactured homes in an R-MH-1 district shall conform with the following:

(1)

The minimum width shall be 26 feet.

(2)

Exterior veneer material must be consistent with the other homes in the R-MH-1 zoning district

(3)

The roof of each home must be a gable or hip type of construction with a minimum pitch of 5:12.

(4)

Each home must be attached to a foundation compatible with the current adopted code for a single-family dwelling as adopted in section 18-31.

(Ord. No. 704, § 1(17.20.100), 1-19-1999)

The R-MH-2 district permits locations for mobile home parks, which, while a residential environment, are not generally compatible with normal residential developments. These parks are under a single ownership and provide leased or rented mobile home spaces. This district should provide for an orderly arrangement of homesites in mobile home parks that have been located and designed in a manner that will promote and protect the health, safety and general welfare of the residents.

(Code 1977, § 17.22.010)

See section 122-241. Property and buildings in an R-MH-2 district shall be used only for those uses which have a "P" or an "R" in the R-MH-2 category listed in section 122-241. The letter "P" indicates a use that is permitted by right. The letter "R" signifies a specific use that may be permitted subject to acquiring a specific use permit in accordance with section 122-57, et seq.

(Code 1977, § 17.22.020; Ord. No. 1023, § 12, 6-16-2009; Ord. No. 1218, § 18, 2-2-2021)

(a)

Minimum park area; intensity of use. The minimum area of any park in the R-MH-2 district shall be 15 acres. Intensity of development shall be limited to no more than eight mobile homes per gross acre for a mobile home park and no more than 12 travel trailers per gross acre for a travel trailer park.

(b)

Mobile home and trailer spaces. Each mobile home and travel trailer space shall have a minimum of not less than 4,000 net square feet.

(Code 1977, § 17.22.030)

In the R-MH-2 district, there shall be a minimum space width of 40 feet at the front building line, and such space shall abut on a drive or street for a distance of not less than 30 feet.

(Code 1977, § 17.22.040)

All buildings in the R-MH-2 district shall be set back from street right-of-way lines to comply with the following yard requirements, except as set forth in article IX of this chapter:

(1)

Front yard. Mobile homes and all other structures shall be located no less than 25 feet from access drives or from the street right-of-way.

(2)

Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the space, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building. No private improvement shall be situated on or across an easement in the rear yard unless a revocable permit is first obtained from the city manager.

(3)

Side yard.

a.

For dwellings of one story located on interior spaces, there shall be a side yard on each side of the main building of not less than five feet for one-story main buildings, and not less than eight feet for main buildings of more than one story. For unattached buildings of accessory use, there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side space line when all parts of the accessory building are located not less than 90 feet back of the access drive or street.

b.

For dwellings and accessory buildings located on corner spaces, there shall be a side yard setback from the intersecting drive or street of not less than 15 feet in case such space is back-to-back with another corner space, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior space.

c.

Main and accessory buildings other than dwellings and buildings accessory to dwellings shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.

(Code 1977, § 17.22.050; Ord. No. 1138, § 8, 5-3-2016)

Main and accessory buildings in the R-MH-2 district shall not cover more than 35 percent of a mobile home space.

(Code 1977, § 17.22.060)

No building in the R-MH-2 district shall exceed 2½ stories or 35 feet in height.

(Code 1977, § 17.22.070)

(a)

Requirements. Whenever any new R-MH-2 mobile home park land use is established so as to abut the side or rear line of a lot or tract in any existing residential district or any subcategory thereof, including a residential planned unit development (PUD), such residential use including, but not limited to, a parking lot or parking area, a fence or wall that is sight-proof from single-story residential areas or streets, not less than six feet nor more than ten feet high, as measured from the finished grade, shall be constructed between the R-MH-2 mobile home park land use and the adjacent residential tracts or lots. Such fence shall be maintained by the property owner in good condition, as determined by the community development director. This fence shall be placed along and within three feet of the rear lot line and along and within three feet of the side lot line to the point of the front yard setback of the residential tract or lot, except where the front yard of the R-MH-2 lot is used for off-street parking, then the provisions of article X of this chapter pertaining to off-street parking lots shall apply. In addition, the lighting shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. Such sight-proof screening shall consist of a sturdy opaque fence or, if appropriate, decorative planting, which complies with the aesthetic standards of the adjoining residential district, and adequate so that the R-MH-2 mobile home park use is not visible from any residential street or pedestrian way, except as to those portions of the operation of use which exceed the height limitations of the fencing or screening. This provision shall supersede all other fencing and lighting requirements for R-MH-2 mobile home park districts which may be contrary to this provision.

(b)

Fencing plan to be part of preliminary and final plats.

(1)

At the time of submission of an application for building permit for any R-MH-2 mobile home park district adjoining the side or rear line of a residential district, a fencing plan shall be submitted which shows all screening, fencing, or, where appropriate, decorative planting, and the materials and type of screening and fencing. This fencing plan will be considered a supplemental part of the building permit application and no building permit will be issued without an approved fencing plan.

(2)

At the time of consideration of the building permit application, the community development department will review the fencing plan to determine the adequacy of the proposed screening, fencing, and/or planting to meet the purposes set forth herein. The director of community development shall submit a recommendation which shall include any information provided by the city engineer regarding the application. If the community development department determines that the proposed plan for screening, fencing, and/or planting is not adequate to obstruct visibility or is inharmonious with the aesthetic standards of the adjoining residential district, or is not of sufficient materials, construction, or strength to reasonably withstand factors of nature and weather, then the community development department may make such requirements as are necessary and reasonable to meet the criteria set forth herein.

(c)

Fencing plan in R-MH-2 mobile home park districts. In those R-MH-2 mobile home park districts which adjoin the side or rear lot line of residential districts, a fencing plan shall be submitted and approval must be granted prior to the issuance of any building permit, or, if no building permit is required, prior to the issuance of any occupancy permit within the R-MH-2 mobile home park district.

(d)

Fencing approval required for occupancy. An occupancy permit will not be issued until the fencing, screening, and planting, as required, is complete in accordance with the approved fencing plan.

(e)

Fencing/screening definitions. As used in this section, fencing or screening shall mean a structure of wood, stone, ornamental iron, or metal, brick, tile, or concrete, and vinyl, landscaping or other opaque construction materials, connected together and designed for use in a fixed position, erected upon the ground for aesthetic and functional purposes.

(Code 1977, § 17.22.080; Ord. No. 819, § 1, 10-1-2002)

All lots in the R-MH-2 district shall be landscaped and maintained per article IX, division 2 of this chapter and other applicable codes of the city.

(Code 1977, § 17.22.090)