The R-40 residential district is an area of lower density residential development. This district is found in the southern part of the city. The intent of this district is to allow growth through the conversion of existing structures and the in-filling of isolated vacant lots which will not alter the character of the area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.051)

A.

The following uses are permitted by right:

1.

Single-family dwellings;

2.

Two-family dwellings;

3.

Temporary housing for yachting organizations;

4.

Home occupations;

5.

Churches and places of worship;

6.

Nursery schools and day care centers;

7.

Parks, playgrounds and playing fields;

8.

Community residences;

9.

Family day care homes;

10.

Municipal and public service corporation buildings and facilities; community water supply reservoirs; community well houses; water towers, water and sewage treatment facilities, water and sewage pumping stations;

11.

Accessory uses with respect to the foregoing;

12.

Residential scale wind energy system.

13.

Decks, following dimensional standards described in Section 17.04.050(K).

B.

The following uses require a special use permit from the zoning board of review:

1.

Multifamily dwellings;

2.

Reserved;

3.

Schools, colleges and universities including fraternity or sorority houses or dormitories for faculty or students;

4.

Libraries;

5.

Museums;

6.

Cemeteries;

7.

Religious, philanthropic, scientific, literary, historical, fraternal, and charitable institutions;

8.

Agricultural and horticultural societies;

9.

Schools of limited instruction;

10.

Convalescent homes and rest homes;

11.

Clubs for outdoor recreation;

12.

Federal, state and municipal buildings, excluding correctional institutions and hospitals for the mentally ill.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.052)

(Ord. No. 2012-019, § 5, 12-12-2012; Ord. No. 2022-11, § 4, 3-23-2022; Ord. No. 2025-17, § 1, 3-26-2025)

A.

The minimum lot area shall be forty thousand (40,000) square feet.

B.

The minimum lot width shall be two hundred (200) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.053)

The minimum setback requirements are:

A.

Front line, fifty (50) feet;

B.

Side line, forty (40) feet;

C.

Rear line, twenty (20) feet.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.054)

The portion of a lot to be covered by buildings shall not exceed fifteen (15) percent.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.055)

Building height shall not exceed thirty (30) feet, except as otherwise provided in Section 17.04.050.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.056)

A.

For lots of less than forty thousand (40,000) square feet in area which existed prior to April 13, 1977, the maximum allowable density is one single-family dwelling.

B.

Conversion to a two-family dwelling is permitted for buildings which existed prior to April 13, 1977 on lots of less than forty thousand (40,000) square feet in area but more than twenty thousand (20,000) square feet in area which existed prior to April 13, 1977.

C.

A minimum lot area of forty thousand (40,000) square feet is necessary for a new two-family dwelling.

D.

A minimum lot area of forty thousand (40,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per five thousand (5,000) square feet of lot area.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.06.057)