16 - R-1 DISTRICT
It is the purpose of this district to provide for existing and future single-family low density residential area. Wetland and open space buffers within the area are to protect the existing residential area from adjacent agricultural, freeway, commercial and industrial uses.
(Ord. 264 § 5 (part), 1998: Ord. 163 § 4.1.1, 1989)
Permitted uses and structures in the R-1 zone are as follows: single-family residences, special needs and government housing, mobile homes, provided they comply with requirements set forth in Chapter 17.84 of this title.
(Ord. 264 § 5 (part), 1998: Ord. 163 § 4.1.2, 1989)
Permitted accessory uses and structures in the R-1 zone are as follows: residential garages and carports; private workshops, private greenhouses, other uses determined by the board of adjustment to be of a similar and compatible nature.
(Ord. 163 § 4.1.3, 1989)
The following uses are permitted after hearing and attachment of conditions: churches, duplexes, swimming pools, tennis courts, boarding houses, traditional home occupations, libraries, and other uses later deemed by the board of adjustment to be conditional uses.
(Ord. 163 § 4.1.4, 1989)
Permitted dimensions in the R-1 zone are as follows:
A.
Minimum lot size within the urban growth area, forty thousand square feet provided both city water and sewer services are available or for transfer of development rights (TDR); eighty thousand square feet provided only city water is available;
B.
Minimum building lot front, forty feet;
C.
Maximum lot cover, fifty percent;
D.
Minimum front yard depth, twenty feet;
E.
Minimum side yard depth, five feet for principal or accessory building; fifteen feet if building abuts a street;
F.
Minimum rear yard depth, fifteen feet for principal structure; five feet for accessory structure;
G.
Maximum building height, thirty-five feet.
(Ord. 264 § 5 (part), 1998; Ord. 163 §§ 4.1.5—4.1.11, 1989)
The following are prohibited uses for the R-1 district:
A.
Marijuana producing.
B.
Marijuana processing.
C.
Marijuana retailing or marijuana retailers.
(Ord. No. 537, § 2, 2-10-15)
A.
Fences within any street setback area shall be limited to:
1.
Forty-two inches high above adjacent grade if the fence is more than fifty percent opaque;
2.
Forty-eight inches high above adjacent grade if the fence is fifty percent or less opaque.
B.
Fences which are not located within any street setback area shall be limited to six feet high above adjacent grade.
C.
No residential fence shall contain barbed wire, broken glass, electricity, or any other hazardous material or substance.
D.
Where a legally established use exists requiring the containment of farm animals or livestock, barbed wire or an electric fence may be used; provided, that such fence is set back more than twenty feet from any public right-of-way or public property and more than three feet from any adjacent private property, and warning signs are posted consistent with NMC 17.62.070(V).
E.
Retaining walls shall be located entirely upon private property except where required by the public works director to protect public property.
F.
A retaining wall shall not project higher than six inches above the higher adjacent grade except when it is a structural element of a building or structure.
G.
Retaining walls which are higher than four feet from the bottom of the footing to the top of the wall shall comply with all applicable provisions of the building code, including, but not limited to, permit requirements.
H.
Retaining walls which serve as a structural element of any building or structure shall comply with all of the applicable provisions of the building code.
I.
A hedge shall comply with the requirements for a fence; provided, hedges which are not located within a street setback, and do not otherwise constitute a traffic visibility obstruction on any right-of-way or alley, or any public nuisance condition, are not limited in height.
(Ord. No. 614, § 1, 10-13-20)
16 - R-1 DISTRICT
It is the purpose of this district to provide for existing and future single-family low density residential area. Wetland and open space buffers within the area are to protect the existing residential area from adjacent agricultural, freeway, commercial and industrial uses.
(Ord. 264 § 5 (part), 1998: Ord. 163 § 4.1.1, 1989)
Permitted uses and structures in the R-1 zone are as follows: single-family residences, special needs and government housing, mobile homes, provided they comply with requirements set forth in Chapter 17.84 of this title.
(Ord. 264 § 5 (part), 1998: Ord. 163 § 4.1.2, 1989)
Permitted accessory uses and structures in the R-1 zone are as follows: residential garages and carports; private workshops, private greenhouses, other uses determined by the board of adjustment to be of a similar and compatible nature.
(Ord. 163 § 4.1.3, 1989)
The following uses are permitted after hearing and attachment of conditions: churches, duplexes, swimming pools, tennis courts, boarding houses, traditional home occupations, libraries, and other uses later deemed by the board of adjustment to be conditional uses.
(Ord. 163 § 4.1.4, 1989)
Permitted dimensions in the R-1 zone are as follows:
A.
Minimum lot size within the urban growth area, forty thousand square feet provided both city water and sewer services are available or for transfer of development rights (TDR); eighty thousand square feet provided only city water is available;
B.
Minimum building lot front, forty feet;
C.
Maximum lot cover, fifty percent;
D.
Minimum front yard depth, twenty feet;
E.
Minimum side yard depth, five feet for principal or accessory building; fifteen feet if building abuts a street;
F.
Minimum rear yard depth, fifteen feet for principal structure; five feet for accessory structure;
G.
Maximum building height, thirty-five feet.
(Ord. 264 § 5 (part), 1998; Ord. 163 §§ 4.1.5—4.1.11, 1989)
The following are prohibited uses for the R-1 district:
A.
Marijuana producing.
B.
Marijuana processing.
C.
Marijuana retailing or marijuana retailers.
(Ord. No. 537, § 2, 2-10-15)
A.
Fences within any street setback area shall be limited to:
1.
Forty-two inches high above adjacent grade if the fence is more than fifty percent opaque;
2.
Forty-eight inches high above adjacent grade if the fence is fifty percent or less opaque.
B.
Fences which are not located within any street setback area shall be limited to six feet high above adjacent grade.
C.
No residential fence shall contain barbed wire, broken glass, electricity, or any other hazardous material or substance.
D.
Where a legally established use exists requiring the containment of farm animals or livestock, barbed wire or an electric fence may be used; provided, that such fence is set back more than twenty feet from any public right-of-way or public property and more than three feet from any adjacent private property, and warning signs are posted consistent with NMC 17.62.070(V).
E.
Retaining walls shall be located entirely upon private property except where required by the public works director to protect public property.
F.
A retaining wall shall not project higher than six inches above the higher adjacent grade except when it is a structural element of a building or structure.
G.
Retaining walls which are higher than four feet from the bottom of the footing to the top of the wall shall comply with all applicable provisions of the building code, including, but not limited to, permit requirements.
H.
Retaining walls which serve as a structural element of any building or structure shall comply with all of the applicable provisions of the building code.
I.
A hedge shall comply with the requirements for a fence; provided, hedges which are not located within a street setback, and do not otherwise constitute a traffic visibility obstruction on any right-of-way or alley, or any public nuisance condition, are not limited in height.
(Ord. No. 614, § 1, 10-13-20)