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Pleasant Grove City Zoning Code

CHAPTER 9

RESIDENTIAL ZONES

10-9A-1: PURPOSE AND OBJECTIVES:

The rural residential zone (R-R) is established to provide areas on the fringes of the corporate area of the city where residential uses may be harmoniously integrated with incidental agricultural pursuits. This zone is intended to allow the keeping of farm animals and fowl in conjunction with single-family dwelling units to an extent consistent with said development, and in proportion to the amount of land area provided for this purpose. It is intended, at the same time, to retain land in parcels large enough to provide efficient and attractive development as urban uses extend in an orderly manner into these areas. The R-R zone is also intended to accommodate residential developments which are oriented to an equestrian lifestyle. This would allow the design of a residential community which could contain noncommercial stables, training areas and equestrian trails as an integral part of the development. (Ord. 2000-23, 7-18-2000)

10-9A-2: PERMITTED, CONDITIONAL AND ACCESSORY USES:

   A.   Uses Listed Permitted: Those uses or categories of uses as listed herein, and no others, are permitted in the R-R zone.
   B.   Standard Land Use Code: All uses contained herein are listed by a four (4) digit number as designated in the standard land use code published and maintained by the community development department.
   C.   Permitted With Limitations: All such classifications listed herein and all specific uses contained within them in the standard land use code will be permitted in the R-R zone, subject to the limitations set forth herein. (Ord. 2008-2, 1-29-2008)
   D.   Permitted Principal Uses: The following principal uses and structures, and no others, are permitted in the R-R zone:
Use Number
Use Classification
Use Number
Use Classification
1111
Single-family dwelling (detached) (see section 10-15-30 of this title)
1124
Accessory apartments (see section 10-15-47 of this title)
4811
Electric transmission right of way (identifies areas where the surface is devoted exclusively to the right of way of the activity)
4821
Gas pipeline right of way (identifies areas where the surface is devoted exclusively to the right of way of the activity)
4824
Gas pressure control stations
4831
Water pipeline right of way (identifies areas where the surface is devoted exclusively to the right of way of the activity)
4833
Water storage as part of a public utility system (open reservoirs)
4835
Irrigation distribution channels
4836
Water pressure control stations and pumping plants
4841
Sewage pipeline right of way (identifies areas where surface is devoted exclusively to right of way activity)
4844
Sewage/pumping stations
4864
Combination utilities right of way (identifies areas where surface is devoted exclusively to right of way activity)
4873
Storm drain right of way (predominantly covered pipes or boxes)
6910
Religious activities
7493
Other recreation; city sponsored recreational programming
7600
Parks
8110
Field and seed crops
8120
Truck crops
8130
Orchards and vineyards
8141
Beef cattle and cows (noncommercial only), as limited herein
8142
Horses (noncommercial only), as limited herein
8145
Paddock, with animal limitations set forth herein
8150
Animal specialties (noncommercial only), as limited herein
8160
Pasture and range land
8224
Animal kennels, boarding, breeding, training and grooming (excluding large animals)
 
(Ord. 2016-5, 2-2-2016)
   E.   Animal Limitations: Guidelines on the keeping and maintenance of animals in the R-R zone:
      1.   No more than three (3) of the following types of farm animals or fowl normally kept for personal food production purposes will be permitted in any lot (parcel) in this zone:
 
Type
Maximum Per Acre
Bovidae/bovid (cows, goats, sheep, etc.)
   2
Equidae (horses, donkeys, etc.)
   2
Sus scrofa (pigs, hogs, etc.)
   2
Gallus domesticus/fowl (chickens, ducks, pigeons, etc.)
   25
Oryctolagus cuniculus (rabbits, hares, etc.)
   25
Other
As determined by the community development director
 
      2.   Allowable acreage for the above is calculated by the maximum lot (parcel) area minus one and one-half (11/2) times the footprint area of the residential buildings on the lot. Rounding will be conventional, i.e., to the nearest whole number.
      3.   At least ten thousand (10,000) square feet is required after the calculation in subsection E2 of this section. For the allowance acreage of less than ten thousand (10,000) square feet, no animals of the above listed types are allowed.
      4.   The maximum allowable animals to be kept as pets (including cats and dogs) on any lot in this zone is a function of reasonable and prudent animal husbandry.
      5.   Nothing herein is to be construed as authorizing the keeping of any animal or fowl capable of inflicting harm or discomfort or endangering the health and safety of any person or property.
      6.   For animal kennels, boarding, breeding, training and grooming, there shall be no more than ten (10) small animals maintained on the premises.
      7.   Deviations from these guidelines may be granted as a conditional use by the planning commission. See also title 5, chapter 1 of this code.
   F.   Accessory Uses And Structures: Accessory uses and structures are permitted in the R-R zone, provided they are incidental to, and do not substantially alter the character of, the principal permitted use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:
      1.   Accessory buildings such as garages, carports, bathhouses, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and are incidental to, a principal use or structure.
      2.   Swimming pools and incidental bathhouses.
      3.   Storage of materials used for the construction of a building, including a contractor's temporary office or toolshed. Such uses must be on the building site or immediately adjacent thereto. Such use shall be for only the period of construction and thirty (30) days thereafter.
      4.   Buildings or structures required for the housing, nurture, confinement or storage of animals permitted in this zone, or equipment required for the care and keeping thereof.
      5.   Home occupations, subject to the conditions of chapter 21 of this title. (Ord. 2008-2, 1-29-2008)
   G.   Conditional Uses: The following uses and structures are permitted in the R-R zone after a conditional use permit has been approved, and subject to the terms and conditions thereof:
Use Number
Use Classification
Use Number
Use Classification
1292
Residential facility for handicapped persons, except that no such facility shall be established or maintained within 3/4 mile of any other such facility (see section 10-15-23 of this title)
4700
Communications (as regulated in section 10-15-36 of this title)
4732
Towers and antennas (public or quasi-public property only and as regulated in section 10-15-36 of this title)
4814
Electricity regulating substations
4818
Small generation
4829
Other gas utilities, NEC
4834
Water storage as part of a utility system (covered, including water storage standpipes)
4872
Debris basin (a dam and basin for intercepting debris)
4874
Spreading grounds (area for percolating water into underground)
6511
Elderly housing facility
6516
Sanitarium, convalescent and rest home services, assisted living facilities, and substance abuse facilities (does not include asylums)
6810
Educational services
7431
Swimming beaches
7443
Recreational fishing activities
8191
Tree farms, crop trees only (commercial farms that raise all types of young trees and shrubs to be planted elsewhere or harvested; includes the raising of all types of Christmas trees)
 
(Ord. 2009-18, 11-17-2009; amd. Ord. 2021-11, 5-4-2021)

10-9A-3: LOT AREA:

The minimum area of any lot or parcel of land in the R-R zone shall be one-half (1/2) acre (21,780 square feet), except as otherwise provided in subsection 10-9A-15F of this article, which allows reduced lot area under certain circumstances. (Ord. 2000-23, 7-18-2000)

10-9A-4: LOT WIDTH:

Each lot or parcel of land in the R-R zone shall have a width of at least one hundred ten feet (110'), except as otherwise provided in subsection 10-9A-15F of this article, which allows reduced lot width under certain circumstances. (Ord. 2000-23, 7-18-2000)

10-9A-5: LOT FRONTAGE:

Each lot or parcel of land in the R-R zone shall abut a public street for a minimum distance of sixty feet (60'). (Ord. 2000-23, 7-18-2000)

10-9A-6: PRIOR CREATED LOTS:

Lots or parcels of land which were created 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 article. (Ord. 2000-23, 7-18-2000)

10-9A-7: LOT AREA PER DWELLING:

Not more than one single-family dwelling may be placed upon a lot or parcel of land in the R-R zone. (Ord. 2000-23, 7-18-2000)

10-9A-8: YARD REQUIREMENTS:

The following minimum requirements shall apply in the R-R zone (note: All setbacks are measured from the property line):
   A.   Front Yard: Each lot or parcel in the R-R zone shall have a front yard of not less than thirty feet (30').
   B.   Side Yard: Except as provided in subsections C and D of this section, each lot or parcel of land in the R-R zone shall have a side yard of not less than ten feet (10') on each side of a principal structure.
   C.   Corner Lots; Side Yard: On corner lots, the side yard contiguous to the street shall be not less than thirty feet (30').
   D.   Side Yard Used For Access: When used for access to a garage, carport, parking area or other accessory structure, a side yard shall be wide enough to provide an unobstructed twelve foot (12') surfaced driveway.
   E.   Reserved.
   F.   Rear Yard: Each lot or parcel shall have a rear yard of not less than thirty feet (30').
   G.   Accessory Buildings: Minimum yard and design requirements for accessory buildings are as follows:
      1.   Rear Yard/Interior Side Yard Accessory Building:
         a.   Accessory buildings not used for the housing of animals may be located in a rear yard or interior side yard no closer than six feet (6') from the dwelling and no closer than three feet (3') from the rear or side property line, except as required in subsection G2 of this section.
         b.   Accessory buildings used for agricultural uses may be located in a rear yard or interior side yard no closer twenty feet (20') from the dwelling, and no closer than three feet (3') from the rear or side property line, except as required in subsection G2 or this section.
         c.   Regardless of height, accessory buildings used for the housing of animals or poultry shall be located in a n interior side yard or rear yard, shall have a rear yard of not less than twenty feet (20') and shall be located at least seventy-five (75) feet from any neighboring dwelling and fifty feet (50') from the dwelling on the lot. Kennels are subject to the requirements in title 5, chapter 11, Article H of this code.
      2.   Height Considerations: The maximum building height for accessory buildings is twenty five feet (25') or the height of the primary dwelling, whichever is more restrictive. In addition, the minimum setbacks from each property line, for accessory buildings exceeding twelve feet (12') in height, shall be increased by one foot (1') for each foot of building height in excess of twelve feet (12'). Refer to the table below:
Height
Setback
Height
Setback
Height
Setback
Height
Setback
Up to 12 feet
3 feet
 
19 feet
10 feet
13 feet
4 feet
 
20 feet
11 feet
14 feet
5 feet
 
21 feet
12 feet
15 feet
6 feet
 
22 feet
13 feet
16 feet
7 feet
 
23 feet
14 feet
17 feet
8 feet
 
24 feet
15 feet
18 feet
9 feet
 
25 feet
16 feet
 
         a.   Accessory buildings shall not exceed twenty five feet (25') or the height of the primary dwelling, whichever is more restrictive.
      3.   Design Guidelines: All accessory buildings shall require community development approval through the issuance of an accessory building permit prior to installation or construction. In addition to this, a building permit shall be required if the structure exceeds the square footage threshold as established in the international residential code (IRC) and international building code (IBC). All accessory buildings shall adhere to the following design requirements:
         a.   Permanent buildings have footings and a foundation, and are to be composed of steel, wood, vinyl, aluminum or cement fiber siding or other durable building materials as deemed appropriate by the building department official and the community development director. Any materials such as cloth, canvas and/or plastic shall not be permitted for permanent buildings.
         b.   Temporary buildings are those without footings or a foundation. They are designed for quick assembly and take down, and shall be allowed for up to ninety (90) days. Temporary canopies for events, such as weekend garage/yard sales, shall be exempt for up to seventy two (72) hours. Temporary commercial canopies may be allowed through a temporary use permit authorized through city hall.
         c.   Semipermanent buildings are movable (no footings or foundation) yet are composed of durable materials such as wood, steel, vinyl, aluminum or cement fiber siding. These buildings may be allowed indefinitely, however, shall require an accessory building permit with each new location on the lot or parcel.
         d.   Accessory buildings larger than five hundred (500) square feet, except those used for the housing of animals, shall match the primary dwelling with architecturally similar materials, colors, and details. The construction of sheds built of metal, vinyl or other similar durable materials shall include a wainscot, siding, or similar architectural feature covering a minimum of thirty percent (30%) of all building sides (except door areas), made of similar materials or masonry used on the primary dwelling.
      4.   Corner Lots: Accessory buildings shall not be located closer than ten feet (10') from the street side property line in the rear yard of a residential corner lot. When pedestrian and vehicular access to an accessory building is provided from a property line adjacent to a street, such accessory building shall not be located closer than twenty-five feet (25') from said property line. Additionally, all accessory buildings must be approved by the city engineer and comply with section 10-15-10, “Clear Vision Area; Corner Lots”, of this title.
      5.   Utility Easements: If the building encroaches upon any easements, letters shall be submitted in conjunction with a building permit, from all affected easement holders stating that:
         a.   The easement has been abandoned and vacated by the affected entity; or
         b.   The easement holder is authorizing the placement of the permanent structure subject to the superior interest of the easement holder and may be required to be relocated at the property owner’s expense to accommodate such interest. (Ord. 2015-29, 8-18-2015; amd. Ord. 2020-20, 9-1-2020; Ord. 2025-09, 6-24-2025)

10-9A-9: PROJECTIONS INTO YARDS:

   A.   Permitted: The following structures may be erected on or project into any required yard:
      1.   Fences and walls in conformance with city codes or ordinances.
      2.   Landscape elements, including trees, shrubs, agricultural crops and other plants.
      3.   Necessary appurtenances for utility service.
   B.   Minimum Projections: The structures listed below 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 feet (2'):
      1.   Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
      2.   Fireplace structures and bays; provided, that they are not wider than eight feet (8'), measured generally parallel to the wall of which they are a part.
      3.   Stairways, balconies, door stoops, fire escapes, awnings; and planter boxes or masonry planters not exceeding twenty four inches (24") in height.
      4.   Porte-cochere over a driveway in a side yard, provided such structure is not more than one story in height and twenty four feet (24') in length and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features. (Ord. 2000-23, 7-18-2000)

10-9A-10: BUILDING HEIGHT:

No lot or parcel of land in the R-R zone shall have a main building or structure which exceeds a height of thirty five feet (35'). Chimneys, flagpoles or similar structures not used for human occupancy are excluded in determining height. (Ord. 2015-29, 8-18-2015; amd. Ord. 2021-12, 5-4-2021)

10-9A-11: DISTANCE BETWEEN BUILDINGS:

   A.   The distance between any accessory buildings and any dwelling shall be not less than twenty feet (20').
   B.   Regardless of height, accessory buildings used for the housing of animals or poultry shall have a rear yard of not less than twenty feet (20') and shall be located at least seventy five feet (75') from any neighboring dwelling and fifty feet (50') from the dwelling on the lot. (Ord. 2015-29, 8-18-2015)

10-9A-12: PERMISSIBLE LOT COVERAGE:

In the R-R zone, all buildings, including accessory buildings and structures, shall cover not more than forty percent (40%) of the area of the lot or parcel of land. (Ord. 2000-23, 7-18-2000; amd. Ord. 2020-17, 8-4-2020)

10-9A-13: PARKING, LOADING AND ACCESS:

   A.   Number Of Spaces: Each lot or parcel in the R-R zone shall have on the same lot or parcel two (2) parking spaces for each dwelling unit.
   B.   Improvements Required: Said spaces shall be improved with asphaltic cement or concrete and shall be provided with dust free and mud free access from a public street or road.
   C.   Other Provisions: In all other cases, parking shall comply with the provisions of chapter 18 of this title. (Ord. 2000-23, 7-18-2000)

10-9A-14: PROJECT PLAN APPROVAL:

Comply with project plan approval requirements specified in section 10-2-9 of this title. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

10-9A-15: OTHER REQUIREMENTS:

   A.   Signs: Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in the R-R zone:
      1.   Signs or nameplates not exceeding two (2) square feet in area and displaying only the name and address of the occupant.
      2.   Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease or rent of the particular building, property or premises upon which displayed, and no other.
      3.   Signs or monuments identifying points of interest or sites of historic significance. The size of said signs or monuments shall be specifically approved by the planning commission.
   B.   Landscaping: The following landscaping provisions apply in this zone:
      1.   All open spaces between the front lot line and the rear line of the main building, except planned and approved driveways, parking area, walkways, utility areas, improved decks, patios, porches, etc., shall be maintained with suitable landscaping of plants, shrubs, trees and grass and similar landscaping materials. (Ord. 2000-23, 7-18-2000)
      2.   Minimum, initial landscaping shall consist of lawn grass (seeded, sodded or hydroseeded) in the front of the residence and at least ten feet (10') on either side of the residence to the rear line of the main building. The landscaping shall also include deciduous trees or evergreen trees at least four feet (4') in height planted so as to average a tree at each thirty foot (30') interval within the grass area. Deviations from this specified minimum initial landscaping concept, including xeriscape, can be granted on a case by case basis by the community development director upon the advice of the chairperson of the beautification and shade tree advisory commission. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)
      3.   Minimum, initial landscaping shall be in place within the two (2) growing seasons following the date of issuance of the occupancy permit (certificate).
   C.   Walls And Fences: See section 10-15-38 of this title. (Ord. 2000-23, 7-18-2000)
   D.   Infrastructure Improvement Schedule: Up to twenty five percent (25%) of the lots within the subdivision may be issued a building permit, only upon successful completion of per phase or plat infrastructure improvements, according to the following schedule (existing homes on lots that fall within the subdivision are to be included within the 25 percent limit): (Ord. 2016-3, 1-5-2016)
Completion Required Before Issuing A Building Permit
Completion Required Before Issuing A Building Permit
Stormwater lines
X
Stormwater infrastructure
X
Sewer lines
X
Water lines
X
Road base
X
Curb/gutter
X
Gas lines (if in road)
X
Sidewalk
X
Final road asphalt
X
Street signs
X
 
      1.   The following infrastructure improvements are required prior to the city issuing all remaining building permits for the project area:
Completion Required Before Issuing Remaining Building Permits
Completion Required Before Issuing Remaining Building Permits
Stormwater basin (if required)
X
Electrical lines
X
Cable service conduit
X
Gas lines (outside road)
X
Sidewalk
X
Final road asphalt
X
Street lighting
X
 
(Ord. 2008-4, 2-19-2008)
      2.   When homes are to be built before adjacent sidewalk is installed, the city engineer may approve a sidewalk installation delay of up to six (6) months if a development guarantee is provided to the city and the request is approved by the city engineer. (Ord. 2016-3, 1-5-2016)
   E.   Occupancy Permits: All improvements are to be completed prior to submitting for occupancy. Occupancy permits must be issued before occupancy of any structure where a building permit is required. (Ord. 2008-4, 2-19-2008)
   F.   Lot Size Averaging: To allow for better use of land, discourage odd shaped lots, and to allow for diversity in design and layout of residential subdivisions, these regulations allow for reduced lot areas and lot widths. Certain lots within new subdivisions in the R-R zone may be reduced in area and width, subject to the following requirements and limitations:
      1.   Only lots being subdivided concurrently with other lots in the same subdivision plat may be considered in applying lot size averaging regulations. For example, lots in one plat may not be reduced in size by citing compensating, larger lots in an adjoining plat or any other plat previously approved or expected to be approved at a future time.
      2.   These regulations apply only to subdivision plats containing four (4) or more lots.
      3.   Averaging shall not be permitted if it will result in increasing the base density of the subject subdivision plat above the base density allowed in the zone (i.e., the average area of developed lots must meet or exceed the minimum lot area required by the zone).
      4.   Lot area that cannot be used for building because it is "restricted acreage" (as restricted by title 11, chapter 8 of this code dealing with identified sensitive land areas), such as wetlands, steep slopes, etc., may not be included in the average lot area computation.
      5.   No more than twenty five percent (25%) of the lots in a subdivision plat may be smaller than the standard minimum lot area or lot width required by the zone.
      6.   Corner lots shall not be permitted to be reduced in lot area or lot width below the standard minimum requirements of the zone.
      7.   The smallest permitted lot area in the R-R zone shall be seventeen thousand four hundred twenty four (17,424) square feet (80 percent of the standard minimum lot area requirement).
      8.   The maximum single lot area that may be included within the average will be one and one-fourth (1.25) times the minimum lot area required by the zone.
      9.   No reduction in standard minimum yard requirements (setbacks) shall be permitted.
      10.   For any lot being reduced in lot area, the lot width may be reduced to one hundred feet (100').
      11.   Lots reduced in size shall be dispersed throughout the subdivision plat. No more than two (2) of any such lots may be located adjacent to any other lot reduced in area or width whether in the same plat or in an adjacent plat. (Ord. 2000-23, 7-18-2000)

10-9B-1: PURPOSE AND OBJECTIVES:

The single-family residential zone (R-1) is established to provide areas for the encouragement and promotion of an environment for all socioeconomic levels of family life by providing for the establishment of one-family detached dwellings on individual lots, or single-family dwellings in a planned residential development (PRD) with an open space environment. This zone is characterized by attractively landscaped lots and open spaces with lawns, shrubs and small orchards. No residences in this zone shall be occupied without a certificate of occupancy and zoning compliance (see section 10-1-9 of this title). (Ord. 2007-23, 5-1-2007)

10-9B-2: PERMITTED, CONDITIONAL AND ACCESSORY USES:

   A.   Uses Listed Permitted: Those uses or categories of uses as listed herein, and no others, are permitted in the R-1 zone.
   B.   Standard Land Use Code: All uses contained herein are listed by number as designated in the standard land use code published and maintained by the community development department. Specific uses are identified by a four (4) digit number in which all digits are whole numbers.
   C.   Permitted With Limitations: All such categories listed herein and all specific uses contained within them in the standard land use code will be permitted in the R-1 zone, subject to the limitations set forth herein. (Ord. 2007-23, 5-1-2007)
   D.   Permitted Principal Uses: The following principal uses and structures, and no others, are permitted in the R-1 zone:
Use Number
Use Classification
Use Number
Use Classification
1111
 
Single-family dwelling (detached) (see section 10-15-30 of this title)
1112
 
Single-family dwelling (in a PRD)
1124
 
Accessory apartments (see section 10-15-47 of this title)
1292
 
Residential facility for handicapped persons, except that no such facility shall be established or maintained within 3/4 mile of any other such facility (see section 10-15-23 of this title)
4811
 
Electric transmission right of way (identifies areas where the surface is devoted exclusively to the right of way of the activity)
4821
 
Gas pipeline right of way (identifies areas where the surface is devoted exclusively to the right of way of the activity)
4824
 
Gas pressure control stations
4831
 
Water pipeline right of way (identifies areas where the surface is devoted exclusively to the right of way of the activity)
4835
 
Irrigation distribution channels
4836
 
Water pressure control stations and pumping plants
4841
 
Sewage pipeline right of way (identifies areas where surface is devoted exclusively to right of way activity)
4844
 
Sewage pumping stations
4864
 
Combination utilities right of way (identifies areas where surface is devoted exclusively to right of way activity)
4873
 
Storm drain right of way (predominantly covered pipes or boxes)
6910
 
Religious activities
7600
 
Parks
8150
 
Noncommercial domestic animal specialties (chickens/hens only)
 
(Ord. 2016-5, 2-2-2016)
   E.   Accessory Uses And Structures: Accessory uses and structures are permitted in the R-1 zone, provided they are incidental to, 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, greenhouses, gardening sheds, recreation rooms, and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure. See subsection 10-9B-7F of this article for minimum yard and design requirements.
Home occupations, subject to the regulations of chapter 21 of this title.
Household pets are permitted; provided, that the owner exercises reasonable and prudent domestic animal husbandry. Only two (2) dogs and two (2) cats are permitted in this zone without a conditional use permit. Kennels may be approved for up to a total of ten (10) cats and dogs as a conditional use permit if the property can meet all of the requirements of title 5, chapter 1, article H of this code. 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. Unless specified in this chapter, no other animal except household pets may be kept in the (R-1) single-family residential zones.
Storage of materials used for construction of a building, including the contractor's temporary office. Such use must be on the building site or immediately adjacent thereto. Such use shall be permitted only during the allowable construction period and thirty (30) days thereafter.
Swimming pools.
Vegetable and flower gardens and noncommercial orchards. (Ord. 2015-33, 8-25-2015)
   F.   Chickens/Hens (No Roosters): Subject to meeting all the requirements of this section, chickens/hens are permitted in all residential zones for personal/family poultry and egg consumption. Chickens/hens shall only be permitted after applicants visit the community development department and sign the chicken registry form, pay the required fee of thirty five dollars ($35.00), and also complete an accessory building permit. Chickens/hens shall not be deemed as household pets. The keeping of roosters is prohibited. The following requirements shall apply:
      1.   Minimum Lot Size: Chickens shall be allowed on all R-1 zoned lots/parcels having a minimum lot area of seven thousand (7,000) square feet.
      2.   Number Allowed: Beginning with the smallest lot size of seven thousand (7,000) square feet, four (4) chickens shall be allowed. The number of chickens shall not increase until the next threshold in lot size is reached. For example, lot sizes between ten thousand (10,000) and fourteen thousand nine hundred ninety nine (14,999) may have up to six (6) chickens. Please see the table below:
 
Lot Size Minimum
Number Of Chickens/Hens
   7,000
4
   10,000
6
   15,000
8
   18,000
10
   21,000 +
12
 
      3.   Location: Chickens/hens may have a yard area to roam during the day outside of the coop structure. This outdoor yard area shall only be allowed in the designated rear yard or the street side yard for corner lots. The yard area and coop must be hidden from view from all public streets. Please see subsection F6 of this section for additional details on screening requirements for the yard area.
      4.   Coop Structure/Setbacks: Chickens/hens require a coop structure to house them at night. This coop structure is to provide at least two (2) square feet of floor area per chicken/hen. If an owner chooses not to allow the chickens/hens to roam, then a minimum of six (6) square feet of floor area per chicken/hen is required. Coops must be structurally sound, clean, well ventilated, and predatorproof. All chicken coops are to be located a minimum of five feet (5') from the nearest property line, and a minimum six feet (6') from the primary dwelling. Coop structures shall be a minimum thirty feet (30') from any neighboring dwelling. Coop structures shall meet the following additional standards:
         a.   Coop is to have solid walls on all sides, except for opening for access;
         b.   Must have a solid roof;
         c.   Built to prevent intrusion, including burrowing of all types of rodents, vermin, and predatory animals;
         d.   Residents wanting to keep chickens must first obtain an accessory building permit for the coop structure from the community development director or designee.
      5.   Maintenance: Owners are to maintain coops in a neat and sanitary condition. Coops are to be cleaned weekly or more often if necessary to prevent any odors detectable at the neighboring property line. Dead birds and unused eggs must be removed within twenty four (24) hours or less and shall be discarded from public view.
      6.   Screening: The yard area in which the chickens/hens roam, and where the coop is located, are to be screened from any public street. Property owners may use their existing yard and fencing as long as they meet the requirements of this section. The intent is to minimize the visual impact as well as provide containment. To meet this intent, owners must use solid/sight obscuring fencing materials. If a new fence is required, then residents must first obtain a fence permit from the community development department prior to installing the fence. Chickens/hens shall not be permitted to roam outside the screened yard area.
      7.   Feed: Feed shall be stored and dispensed in rodent and predator proof containers.
      8.   Poultry: Chickens may be used for meat consumption; however, no slaughtering shall be permitted on site. The disposal of hens that no longer lay eggs is to also be done off site.
      9.   Enforcement: Chickens/hens shall not be kept on a single-family residential lot, according to the standards set above, without first obtaining an accessory building permit from community development. It shall be unlawful for any person to keep any chickens/hens in a manner contrary to the provisions of this section. Any such violation shall be an infraction.
      10.   Principal Use: The principal use on a lot or parcel with chickens/hens shall continue to be a single-family dwelling, duplex or twin home.
   G.   Conditional Uses: The following uses and structures are permitted in the R-1 zone only after a conditional use permit has been approved and subject to the terms and conditions thereof:
Use Number
Use Classification
Use Number
Use Classification
1121
 
Two-family dwelling
4700
 
Communications
4814
 
Electricity regulating substations
4818
 
Small generation
4829
 
Other gas utilities, NEC
4834
 
Water storage as part of a utility system (covered including water storage standpipes)
4872
 
Debris basin (a dam and basin for intercepting debris)
4874
 
Spreading grounds (area for percolating water into underground)
5441
 
Candy, nut and confectionery (only in "historic buildings", as defined in section 10-6-2 of this title)
5900
 
Miscellaneous retail trade (except 5920, 5930, 5951, 5960 and 5980; only in "historic buildings", as defined in section 10-6-2 of this title)
5931
 
Antiques (includes furniture, glassware, etc.) in "historic buildings", as defined in section 10-6-2 of this title
6242
 
Cemeteries
6500
 
Professional services (except 6513 to 6518; only in "historic buildings", as defined in section 10-6-2 of this title)
6511
 
Elderly housing facility
6516
 
Sanatorium, convalescent, skilled nursing, rest home, and assisted living facilities (does not include asylums, drug abuse or substance abuse facilities)
6810
 
Educational services
7411
 
Golf courses; public
7412
 
Golf courses; private
7413
 
Tennis club (with open country club atmosphere)
8224
 
Kennels; may be permitted in this zone for up to a total of 10 cats and dogs, if the applicant can comply with all of the requirements of title 5, chapter 1, article H of this code. If any nonowned cats or dogs are boarded, bred, trained or groomed on the property, the applicant will also have to obtain a major home occupation certificate and a business license.
 
(Ord. 2010-12, 9-7-2010)

10-9B-3: LOT AREA:

   A.   The minimum area of any lot or parcel of land in the R-1 zone shall be as indicated by the subzone used in conjunction with the R-1 zone designation. Subzones are designated by adding a suffix number to the R-1 zoning symbol. Such suffix number shall be the minimum lot area for the subzone, stated in thousands of square feet. For example, a subzone of the R-1 zone requiring lots or parcels to be a minimum of eight thousand (8,000) square feet would be designated on the zoning map as R-1-8. The minimum area of any lot or parcel of land in the R-1 zone shall be as indicated below for the subzone in which the lot or parcel is situated:
 
R-1-7
 
7,000 square feet
R-1-8
 
8,000 square feet
R-1-9
 
9,000 square feet
R-1-10
 
10,000 square feet
R-1-12
 
12,000 square feet
R-1-15
 
15,000 square feet
R-1-20
 
20,000 square feet
 
   B.   Certain lots in the R-1-10, R-1-12, R-1-15 and R-1-20 zones may be reduced in lot area subject to the regulations stated in subsection 10-9B-14E of this article (lot size averaging). (Ord. 2000-23, 7-18-2000)

10-9B-4: LOT WIDTH:

   A.   Each lot or parcel of land in the R-1 zone, except corner lots, shall have a width of not less than the following for the subzone in which said lot or parcel of land is situated:
 
R-1-7
 
70 feet
R-1-8
 
85 feet
R-1-9
 
85 feet
R-1-10
 
90 feet
R-1-12
 
90 feet
R-1-15
 
95 feet
R-1-20
 
100 feet
 
   B.   Each corner lot or parcel in the R-1 zone shall be ten feet (10') wider than the minimum required for interior lots in the subzone in which it is located, except for the R-1-15 and R-1-20 zones.
   C.   Lot widths for certain lots in the R-1-10, R-1-12, R-1-15 and R-1-20 zones may be reduced subject to the regulations stated in subsection 10-9B-14E of this article. (Ord. 2008-7, 4-1-2008)

10-9B-5: LOT FRONTAGE:

Each lot or parcel of land in the R-1 zones 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 as meeting this requirement. (Ord. 2000-23, 7-18-2000)

10-9B-6: PRIOR CREATED LOTS:

Lots or parcels of land which were created 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 article as long as they were in compliance with the zoning requirements when they were created. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

10-9B-6-1: LOT AREA PER DWELLING:

Not more than one single-family dwelling may be placed on a lot or parcel of land in the R-1 Zone unless the Planning Commission approves a two-family dwelling with the same density. Duplexes may be constructed on property meeting this standard without a subdivision. Twin homes, intended for individual ownership must be subdivided before property sale occurs. (Ord. 2015-40, 10-20-2015)

10-9B-7: YARD REQUIREMENTS:

The following minimum yard requirements shall apply in the R-1 Zones (note: All setbacks are measured from the property line):
   A.   Front Yard: Each lot or parcel in the R-1 Zone shall have a front yard of not less than twenty five feet (25'). In the R-1-7 Zone only, each lot or parcel shall have a front yard of not less than twenty feet (20').
      1.   Lots located in the "hillside area", as defined by title 11, chapter 8 of this Code, may have front yard setbacks of twenty feet (20') and twenty five foot (25') rear yards or a front yard of twenty five feet (25') and a rear yard of twenty feet (20'). The front and rear yard setback may vary between twenty feet (20') and twenty five feet (25') so long as the total combination of the setbacks is at least forty five feet (45').
      2.   In new subdivisions, the owner/developer may vary the setbacks allowing a twenty foot (20') front yard and thirty foot (30') rear yard or thirty foot (30') front yard and a twenty foot (20') rear yard. The intent of allowing flexible setbacks is to stagger buildings to create character and interest, and encourage better design. Such standards must be determined at the time of subdivision approval and must be reflected in covenants and restrictions to be recorded at the County Recorder's Office with the recording of the final subdivision plat.
   B.   Side Yard: Except as provided in subsections C, D and F of this section, each lot or parcel of land in the R-1 Zone shall have a side yard of not less than ten feet (10'), the combined sum shall be a minimum of twenty feet (20'). In the R-1-7 Zone only, each lot or parcel of land shall have a side yard of not less than eight feet (8'). (Ord. 2009-16, 10-6-2009)
   C.   Corner Lots; Side Yard: On corner lots, the side yard contiguous to the street shall not be less than twenty five feet (25') and shall not be used for vehicle parking, except such portion as is devoted to driveway use for access to a garage or carport. The backyard and the side yard that is not contiguous to the street shall not be less than ten feet (10'). In the R-1-7 Zone only, the side yard contiguous to the street shall not be less than twenty feet (20'). The backyard and the side yard that is not contiguous to the street shall not be less than eight feet (8'). (Ord. 2018-5, 1-16-2018)
   D.   Side Yard Used For Access: When used for access to a garage, carport or parking area used to satisfy the minimum parking requirements of the zone, a side yard shall be wide enough to provide an unobstructed twelve foot (12') paved driveway.
   E.   Rear Yard: Each lot or parcel shall have a rear yard of no less than twenty five feet (25'). In the R-1-7 Zone only, each lot or parcel shall have a rear yard of no less than twenty feet (20').
      1.   Lots located in the "hillside area", as defined by title 11, chapter 8 of this Code, may have front yard setbacks of twenty feet (20') and twenty five foot (25') rear yards or a front yard of twenty five feet (25') and a rear yard of twenty feet (20'). The front and rear yard setback may vary between twenty feet (20') and twenty five feet (25') so long as the total combination of the setbacks is at least forty five feet (45').
      2.   In new subdivisions, the owner/developer may vary the setbacks allowing a minimum twenty foot (20') front yard, and thirty foot (30') rear yard or thirty foot (30') front yard and a twenty foot (20') rear yard. The intent of allowing flexible setbacks is to stagger buildings to create character and interest, and encourage better design. Such standards must be determined at the time of subdivision approval and must be reflected in covenants and restrictions to be recorded at the County Recorder's Office with the recording of the final subdivision plat. The front and rear yard setbacks may vary between twenty feet (20') and thirty feet (30') so long as the total combination of the setbacks is a minimum of fifty feet (50'), except for in the R-1-7 Zone. (Ord. 2009-16, 10-6-2009)
   F.   Accessory Buildings: Minimum yard and design requirements for accessory buildings are as follows:
      1.   Rear Yard/Interior Side Yard Accessory Building: Accessory buildings may be located in a rear yard/interior side yard no closer than six feet (6') from the dwelling and no closer than three feet (3') from the rear yard or interior side yard property line, except as required in subsection F2 of this section.
      2.   Height Considerations: The maximum building height for accessory buildings is twenty five feet (25') or the height of the primary dwelling, whichever is more restrictive. In addition, the minimum setbacks from each property line, for accessory buildings exceeding twelve feet (12') in height, shall be increased by one foot (1') for each foot of building height in excess of twelve feet (12'). Refer to the table below:
Height
Setback
Height
Setback
Height
Setback
Height
Setback
Up to 12 feet
3 feet
19 feet
10 feet
13 feet
4 feet
20 feet
11 feet
14 feet
5 feet
21 feet
12 feet
15 feet
6 feet
22 feet
13 feet
16 feet
7 feet
23 feet
14 feet
17 feet
8 feet
24 feet
15 feet
18 feet
9 feet
25 feet
16 feet
 
      3.   Size Considerations: An accessory building shall not cover more than fifteen percent (15%) of the minimum lot area of the zone in which it is located and shall be smaller (incidental) to the main dwelling (the footprint of the home less the garage. The footprint of the structure must still be incidental to or smaller than the main dwelling, and shall still remain subject to all other restrictions of the zone.
      4.   Design Guidelines: All accessory buildings shall require community development approval through the issuance of an accessory building permit prior to installation or construction. In addition to this, a building permit shall be required if the structure exceeds the square footage threshold as established in the international residential code (IRC) and international building code (IBC). All accessory buildings shall adhere to the following design requirements:
         a.   Accessory buildings larger than five hundred (500) square feet shall match the primary dwelling with architecturally similar materials, colors, and details. The construction of structures built of metal, vinyl or other similar durable materials shall include a wainscot, siding, or similar architectural feature covering a minimum of thirty percent (30%) of all building sides (except door areas), made of similar materials or masonry used on the primary dwelling.
         b.   Permanent buildings have footings and a foundation, and are to be composed of steel, wood, vinyl, aluminum or cement fiber siding or other durable building materials as deemed appropriate by the building department official and the community development director. Any materials such as cloth, canvas and/or plastic shall not be permitted for permanent buildings.
         c.   Temporary buildings are those without footings or a foundation. They are designed for quick assembly and take down, and shall be allowed for up to ninety (90) days. Temporary canopies for events, such as weekend garage/yard sales, shall be exempt for up to seventy two (72) hours. Temporary commercial canopies may be allowed through a temporary use permit authorized through city hall.
         d.   Semipermanent buildings are movable (no footings or foundation) yet are composed of durable materials such as wood, steel, vinyl, aluminum or cement fiber siding. These buildings may be allowed indefinitely, however, shall require an accessory building permit with each new location on the lot or parcel.
      5.   Corner Lots: Accessory buildings shall not be located closer than ten feet (10') from the street side property line in the rear yard of a residential corner lot. Additionally, all accessory buildings must be approved by the city engineer and comply with section 10-15-10, "Clear Vision Area; Corner Lots", of this title.
      6.   Utility Easements: If the building encroaches upon any easements, letters shall be submitted in conjunction with a building permit, from all affected easement holders stating that:
         a.   The easement has been abandoned and vacated by the affected entity; or
         b.   The easement holder is authorizing the placement of the permanent structure subject to the superior interest of the easement holder and may be required to be relocated at the property owner's expense to accommodate such interest. (Ord. 2015-33, 8-25-2015; amd. Ord. 2020-12, 7-7-2020; Ord. 2020-19, 9-1-2020)

10-9B-8: PROJECTIONS INTO YARDS:

   A.   Permitted: The following structures may be erected on or projected into any required yard:
      1.   Fences and walls in conformance with city codes or ordinances;
      2.   Landscape elements, including trees, shrubs, agricultural crops and other plants; and
      3.   Necessary appurtenances for utility service.
   B.   Minimum Projections: The structures listed below 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 feet (2'):
      1.   Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
      2.   Fireplace structures and bays; provided, that they are not wider than eight feet (8'), measured generally parallel to the wall of which they are a part.
      3.   Stairways, balconies, door stoops, fire escapes, awnings; and planter boxes or masonry planters not exceeding twenty four inches (24") in height.
      4.   Decks, patios and awnings may project into a rear yard not more than twelve feet (12'). Such structures cannot be more than one story in height and must be open on at least three (3) sides, except for necessary supporting columns and customary architectural features. (Ord. 2000-23, 7-18-2000)

10-9B-9: BUILDING HEIGHT:

No lot or parcel of land in an R-1 zone shall have a main building or structure used for dwelling or public assembly which exceeds a maximum height of thirty five feet (35'). Chimneys, flagpoles, church towers and similar architectural structures not used for human occupancy are excluded in determining height.
Main residential buildings located in a legally subdivided lot (lots that are part of a subdivision) with a minimum area of 2.5 acres may exceed the maximum height of thirty-five feet (35') to a limit of forty-five feet (45') if all the following conditions are met:
   1.   For every foot of height exceeding thirty-five feet (35') up to a maximum of forty-five feet (45'), the rear setback shall be increased by five feet (5').
   2.   For every foot of height exceeding thirty-five feet (35') up to a maximum of forty-five feet (45'), both side setbacks shall be increased by three feet (3').
   3.   For every foot of height exceeding thirty-five feet (35') up to a maximum of forty-five feet (45'), the front setback shall be increased by five feet (5').
Accessory structures, in the R-1 zones, shall not exceed the height of the dwelling or shall have a maximum height of twenty-five feet (25'), whichever is more restrictive. The height is to be based on the measurement of the average finished grade to the peak of the roof. The maximum height can only be allowed if the proper yard requirements, found in section 10-9B-7 of this article, have been met. (Ord. 2008-5, 3-4-2008; amd. Ord. 2021-18, passed 6-1-2021; Ord. 2024-016, 7-9-2024)

10-9B-10: DISTANCE BETWEEN BUILDINGS:

The distance between any accessory buildings and a dwelling shall not be less than six feet (6'). The distance between multiple accessory buildings shall also be a minimum of six feet (6'). (Ord. 2009-16, 10-6-2009)

10-9B-11: PERMISSIBLE LOT COVERAGE:

In an R-1 zone, 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. 2015-33, 8-25-2015; amd. Ord. 2024-026, 11-12-2024)

10-9B-12: PARKING, LOADING AND ACCESS:

   A.   Off Street Parking: Each lot or parcel in an R-1 zone shall have, on the same lot or parcel, off street parking sufficient to comply with chapter 18 of this title.
   B.   Improvements Required: Said spaces shall be paved with asphalt or concrete and shall be provided with a paved access from a public street.
   C.   Front Yard Prohibition: Required parking spaces shall not be provided within a required front yard. (Ord. 2000-23, 7-18-2000)

10-9B-13: PROJECT PLAN APPROVAL:

Comply with project plan approval requirements specified in section 10-2-9 of this title. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

10-9B-14: OTHER REQUIREMENTS:

   A.   Signs: Unless otherwise prohibited by law, signs of the type and description listed below, but no others, may be placed and maintained in an R-1 zone:
      1.   Signs or nameplates not exceeding two (2) square feet in area and displaying only the name and address of the occupant.
      2.   Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease or rent of the particular building, property or premises upon which displayed, and no other.
      3.   Signs or monuments identifying points of interest or sites of historic significance. The site of said signs or monuments shall be specifically approved by the planning commission.
   B.   Landscaping: The following landscaping provisions shall apply in this zone:
      1.   All open spaces between the front lot line and the rear line of the main building, except planned and approved driveways, parking areas, walkways, utility areas, improved decks, patios, porches, etc., shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar landscaping materials. (Ord. 2000-23, 7-18-2000)
      2.   Minimum, initial landscaping shall consist of lawn grass (seeded, sodded or hydroseeded) in the front of the residence and at least ten feet (10') on either side of the residence to the rear line of the main building. The landscaping shall also include deciduous trees or evergreen trees at least four feet (4') in height planted so as to average a tree at each thirty foot (30') interval within the grass area. Deviations from this specified minimum initial landscaping concept, including xeriscape, can be granted on a case by case basis by the community development director upon the advice of the chairperson of the city beautification and shade tree advisory commission. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)
      3.   Minimum, initial landscaping shall be in place within the two (2) growing seasons following the date of issuance of the occupancy permit (certificate). (Ord. 2000-23, 7-18-2000)
   C.   Infrastructure Improvement Schedule: Up to twenty five percent (25%) of the lots within the subdivision may be issued a building permit, only upon successful completion of per phase or plat infrastructure improvements, according to the following schedule (existing homes on lots that fall within the subdivision are to be included within the 25 percent limit): (Ord. 2016-3, 1-5-2016)
Completion Required
Before Issuing A
Building Permit
Completion Required
Before Issuing A
Building Permit
 
 
Stormwater lines
 
X
Stormwater infrastructure
 
X
Sewer lines
 
X
Water lines
 
X
Road base
 
X
Curb/gutter
 
X
Gas lines (if in road)
 
X
Street signs
 
X
 
      1.   The following infrastructure improvements are required prior to the city issuing all remaining building permits for the project area:
 
Completion Required
Before Issuing Remaining
Building Permits
 
Completion Required
Before Issuing Remaining
Building Permits
 
 
Stormwater basin (if required)
 
X
Electrical lines
 
X
Cable service conduit
 
X
Gas lines (outside road)
 
X
Sidewalk
 
X
Final road asphalt
 
X
Street lighting
 
X
 
(Ord. 2008-4, 2-19-2008)
      2.   When homes are to be built before adjacent sidewalk is installed, the city engineer may approve a sidewalk installation delay of up to six (6) months if a development guarantee is provided to the city and the request is approved by the city engineer. (Ord. 2016-3, 1-5-2016)
   D.   Occupancy Permits: All improvements are to be completed prior to submitting for occupancy. Occupancy permits must be issued before occupancy of any structure where a building permit is required. (Ord. 2008-4, 2-19-2008)
   E.   Lot Size Averaging: To allow for better use of land, discourage odd shaped lots, and to allow for diversity in design and layout of residential subdivisions, these regulations allow for reduced lot areas and lot widths. Certain lots within new subdivisions in the R-1-10, R-1-12, R-1-15 and R-1-20 zones may be reduced in area and width subject to the following requirements and limitations:
      1.   Only lots being subdivided concurrently with other lots in the same subdivision plat may be considered in applying lot size averaging regulations. For example, lots in one plat may not be reduced in size by citing compensating, larger lots in an adjoining plat or any other plat previously approved or expected to be approved at a future time.
      2.   These regulations apply only to subdivision plats containing four (4) or more lots.
      3.   Averaging shall not be permitted if it will result in increasing the base density of the subject subdivision plat above the base density allowed in the zone (i.e., the average area of developed lots must meet or exceed the minimum lot area required by the zone).
      4.   Lot area that cannot be used for building because it is "restricted acreage" (as restricted by title 11, chapter 8 of this code dealing with identified sensitive land areas), such as wetlands, steep slopes, etc., may not be included in the average lot area computation.
      5.   No more than twenty five percent (25%) of the lots in a subdivision plat may be smaller than the standard minimum lot area or lot width required by the zone.
      6.   Corner lots shall not be permitted to be reduced in lot area or lot width below the standard minimum requirements of the zone.
      7.   Lot area may be reduced to not less than eighty percent (80%) of the standard minimum lot area required in the zone (R-1-10, 8,000 square feet; R-1-12, 9,600 square feet; R-1-15, 12,000 square feet; and R-1-20, 16,000 square feet).
      8.   The maximum single lot area that may be included within the average will be one and one-fourth (1.25) times the minimum lot area required by the zone.
      9.   No reduction in standard minimum yard requirements (setbacks) shall be permitted.
      10.   For any lot being reduced in lot area, the lot width may also be reduced to the standard minimum lot width requirement of the next less restrictive zone. For example, a lot in the R-1-10 zone being reduced in lot area may be reduced in lot width to eighty five feet (85') which is the lot width requirement of the R-1-9 zone.
      11.   Lots reduced in size shall be dispersed throughout the subdivision plat. No more than two (2) of any such lots may be located adjacent to any other lot reduced in area or width whether in the same plat or in an adjacent plat.
      12.   No flag lot shall be included in a subdivision plat where lot size averaging is used.
      13.   Only buildable residential lots shall be included in lot size averaging. (Ord. 2000-23, 7-18-2000)

10-9C-1: PURPOSE AND OBJECTIVES:

The medium multiple-residential zone (RM-7) is established to provide areas of the community which shall be characterized by low rise multiple-family and apartment residential development. This zone is intended to provide an attractive setting for multiple-family apartments, and one- and two-family dwellings which will be harmoniously blended with existing and new single- and two-family structures at locations designated by the general plan. Because of potentially high traffic density, the city engineer may require a traffic study. Properties should be located on arterial or collector streets with good freeway access or within a reasonable proximity which will permit traffic to use the arterial or collector streets subject to the city engineer's recommendation and planning commission's approval. A traffic study may be required to determine appropriate locations. (Ord. 2000-23, 7-18-2000)

10-9C-2: PERMITTED, CONDITIONAL AND ACCESSORY USES:

   A.   Uses Listed Permitted: Those uses listed herein, and no others, are permitted in the RM-7 zone.
   B.   Standard Land Use Code: All uses listed herein are listed by number as designated in the standard land use code published and maintained by the community development department.
   C.   Permitted With Limitations: All such categories listed herein and all specific uses contained within the standard land use code will be permitted in the RM-7 zone, subject to the limitations herein set forth. (Ord. 2000-23, 7-18-2000)
   D.   Permitted Principal Uses: The following principal uses and structures, and no others, are permitted in the RM-7 zone:
Use Number
 
Use Classification
1111
 
A single-family dwelling (detached)
1121
 
A two-family dwelling (duplex, family occupancy only)
1124
 
Accessory apartments (see section 10-15-47 of this title)
4831
 
Water pipeline right of way (identifies areas where the surface is devoted exclusively to the right of way of the activity)
4835
 
Irrigation distribution channels
4836
 
Water pressure control stations and pumping plants
4841
 
Sewage pipeline right of way (identifies areas where surface is devoted exclusively to right of way activity)
4844
 
Sewage pumping stations
4873
 
Storm drain right of way (predominantly covered pipes or boxes)
8464
 
Combination utilities right of way (identifies areas where surface is devoted exclusively to right of way activity)
 
(Ord. 2016-5, 2-2-2016)
   E.   Accessory Uses And Structures: Accessory uses and structures are permitted in the RM-7 zone, provided they are incidental to 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:
      1.   Accessory buildings, such as garages, carports, bathhouses, greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with, and incidental to, a principal use or structure.
      2.   Swimming pools.
      3.   Vegetable and flower gardens.
      4.   Storage of materials used for construction of a building, including the contractor's temporary office. Such use must be on the building site or immediately adjacent thereto. Such use shall be permitted only during the construction period and thirty (30) days thereafter.
      5.   Household pets are permitted; provided, that the owner exercises reasonable and prudent animal husbandry. This requirement does not apply to kennels. 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. See also title 5, chapter 1 of this code.
      6.   Home occupations for multi-family dwellings, subject to the following list of uses:
Artists, authors, professional design services.
Consulting services.
Contractors (no outside storage of equipment, and one company vehicle).
Craftwork (sales to be at an off site location).
Data processing, computer programming and service.
Desktop publishing (internet only).
Direct sales distribution (internet only).
Insurance sales or broker.
Interior design (internet only).
Mail order.
Real estate sales, broker, appraiser (personal office only).
Sales representative (paperwork only).
There shall be no business visitors allowed at the multi- family dwelling.
All persons submitting an application for a home occupation that falls within the categories above shall be subject to meeting all the conditions listed in section 10-21-4 of this title.
Home occupations for single-family dwellings shall be subject to section 10-21-4 of this title. (Ord. 2007-31, 8-7-2007)
   F.   Conditional Uses: The following uses and structures are permitted in the RM-7 zone only after a conditional use permit has been issued and are subject to the terms and conditions thereof:
Use Number
Use Classification
Use Number
Use Classification
   1112
 
Single-family dwelling (attached) (6 maximum in row, only in approved PD)
   1131
 
Multiple-family dwellings (family occupancy only)
   1141
 
Apartments (low rise, family occupancy only)
   1292
 
Residential facility for handicapped persons, except that no such facility shall be established or maintained within 3/4 mile of any other such facility (see section 10-15-23 of this title)
   4700
 
Communications
   4811
 
Electric transmission lines right of way for 50 kV or greater capacity (identifies areas where the surface is devoted exclusively to the right of way of the activity)
   4814
 
Electricity regulating substations
   4818
 
Small generation
   4821
 
Gas pipeline right of way (identifies areas where the surface is devoted exclusively to the right of way of the activity)
   4824
 
Gas pressure control stations
   4829
 
Other gas utilities, NEC
   4834
 
Water storage as part of a utility system (covered including water storage and pipes)
   4874
 
Spreading grounds (area for percolating water into underground)
   6249
 
Cemeteries
   6810
 
Educational services
   6815
 
Child daycare or nursery
   6910
 
Religious activities
   7411
 
Golf courses, public
   7412
 
Golf courses, private
   7420
 
Playground and athletics areas (noncommercial only)
   7493
 
Private recreational grounds and facilities, not open to the general public, and to which no admission charge is made
   7600
 
Parks
 
(Ord. 2000-23, 7-18-2000)

10-9C-3: LOT AREA:

   A.   Residential Uses: The minimum area of any lot or parcel of land in the RM-7 zone for residential uses shall be seven thousand (7,000) square feet.
   B.   Nonresidential Uses: Minimum lot area for nonresidential uses shall be ten thousand (10,000) square feet. (Ord. 2000-23, 7-18-2000)

10-9C-4: LOT WIDTH:

Each lot or parcel of land in the RM-7 zone, except corner lots, shall have a width of not less than seventy feet (70'). Each corner lot or parcel shall have a width of not less than eighty feet (80'). (Ord. 2000-23, 7-18-2000)

10-9C-5: LOT FRONTAGE:

Each lot or parcel of land in the RM-7 zone shall abut on a public street for a minimum distance of forty five feet (45') 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 as meeting this requirement. (Ord. 2000-23, 7-18-2000)

10-9C-6: PRIOR CREATED LOTS:

Lots or parcels of land which were created prior to the application of this zone shall not be denied a building permit solely for reason of nonconformance with the above parcel requirements of this article if the lot was in compliance with the zoning ordinance when it was created. (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

10-9C-7: LOT AREA PER DWELLING:

No lot or parcel in the RM-7 zone may be improved or developed to have more than one dwelling unit per seven thousand (7,000) square feet of land area. However, in the case of multiple-family residential, an additional two thousand five hundred (2,500) square feet of land is required for each additional dwelling unit. (Ord. 2000-23, 7-18-2000)

10-9C-8: YARD REQUIREMENTS:

The following minimum yard requirements shall apply in the RM-7 zone (Note: All setbacks are measured from the property line):
   A.   Front Yard: Each lot or parcel in the RM-7 zone shall have a front yard of not less than twenty five feet (25').
   B.   Side Yard: Except as provided in subsections C through E of this section, each residential lot or parcel of land in the RM-7 zone shall have a side yard of at least six feet (6'), and the combined sum of the two (2) side yards shall not be less than eighteen feet (18'). However, for nonresidential structures, each lot or parcel of land shall have minimum side yard of at least twenty feet (20') with the total width of the two (2) sides not less than forty feet (40').
   C.   Corner Lots; Side Yard: On corner lots, the side yard contiguous to the street shall not be less than twenty five feet (25') in width, and shall not be used for vehicular parking except such portion as is devoted to driveway use for access to a garage or carport.
   D.   Side Yard Used For Access: When used for access to a garage, carport or parking area having less than five (5) parking spaces, a side yard shall be wide enough to accommodate an unobstructed twelve foot (12') paved driveway. When used for access to a garage, carport or parking area having six (6) or more spaces, a side yard shall be wide enough to provide for an unobstructed twelve foot (12') paved driveway for one-way traffic, or a sixteen foot (16') paved driveway for two-way traffic.
   E.   Accessory Building; Side Yard: An accessory building may have a minimum side yard of one foot (1') if, and only if, all of the following conditions are met:
      1.   The accessory building is located twenty five feet (25') or more to the rear of the front setback line and is at least twenty feet (20') from the closest part of the main building.
      2.   The accessory building has facilities for the discharge of all roof drainage onto the lot or parcel on which it is erected.
      3.   The walls of the accessory building have a minimum tested fire resistance of two (2) hours and is located at least ten feet (10') from a residence on an adjoining lot.
      4.   An accessory building which is more than six feet (6') to the rear of a main building, but which does not conform to all of the above conditions, shall have a side yard of at least six feet (6').
   F.   Other Accessory Buildings; Side Yard: All other accessory buildings shall maintain the same side yard as a main building.
   G.   Rear Yard: Each lot or parcel in the RM-7 zone shall have a rear yard of not less than twenty feet (20').
   H.   Accessory Buildings; Rear Yard: An accessory building may be located one foot (1') from the rear property line when said building meets all of the following:
      1.   Provides facilities to retain all roof drainage within the properly on which said accessory building is located.
      2.   Has facilities for the discharge of all roof drainage onto the subject lot or parcel of land. An accessory building which is more than ten feet (10') to the rear of the main building but does not meet the above requirements shall be located not less than five feet (5') from the property line. (Ord. 2000-23, 7-18-2000)

10-9C-9: PROJECTIONS INTO YARDS:

   A.   Permitted: The following structures may be erected on or project into any required yard:
      1.   Fences and walls in conformance with city codes and ordinances.
      2.   Landscape elements, including trees, shrubs, agricultural crops and other plants.
      3.   Necessary appurtenances for utility service. (Ord. 2000-23, 7-18-2000)
   B.   Projections Into Interior Side Yard: The structures listed below may project into any one interior side yard, subject to international building code requirements. Only one such structure shall be permitted per lot. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)
A carport over a driveway; provided, that such structure is not more than one story in height and twenty four feet (24') in length, and is entirely open on at least three (3) sides except for necessary supporting columns and customary architectural features.
   C.   Minimum Projections: The structures listed below 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 feet (2'):
      1.   Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features.
      2.   Fireplace structures and bays, provided they are not wider than eight feet (8') and are generally parallel to the wall of which they are a part.
      3.   Stairways, balconies, door stoops, fire escapes, awnings; and planter boxes or masonry planters not exceeding twenty four inches (24") in height. (Ord. 2000-23, 7-18-2000)

10-9C-10: BUILDING HEIGHT:

No lot or parcel of land in the RM-7 zone shall have a building or structure used for dwelling or public assembly which exceeds a height of two and one-half (21/2) stories with a maximum of thirty five feet (35'), except as determined by the planning commission and as modified by a conditional use permit; except chimneys, flagpoles or similar structures not used for human occupancy are excluded in determining height. (Ord. 2000-23, 7-18-2000)

10-9C-11: DISTANCE BETWEEN BUILDINGS:

The minimum distance between any buildings on a lot in the RM-7 zone shall not be less than twenty feet (20'). (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

10-9C-12: PERMISSIBLE LOT COVERAGE:

In an RM-7 zone, all buildings and structures shall not cover an area of more than forty percent (40%) of the lot or parcel of land upon which they are placed. (Ord. 2000-23, 7-18-2000)

10-9C-13: PARKING, LOADING AND ACCESS:

Each lot or parcel in the RM-7 zone shall have, on the same lot or parcel, automobile parking sufficient to comply with the requirements of section 10-18-3 of this title. All parking spaces shall be paved with asphaltic or portland cement concrete, and shall be provided with paved access from a public street. Parking spaces shall not be provided within a required front yard. Paved access for five (5) or less parking spaces shall have a minimum width of twelve feet (12'). Paved access for six (6) or more spaces shall have a minimum width of twelve feet (12') for one- way traffic, and sixteen feet (16') for two-way traffic. (Ord. 2000-23, 7-18-2000)

10-9C-14: PROJECT PLAN APPROVAL:

Prior to the construction of any residential structure in the RM-7 zone, a project plan shall be submitted and approved by the planning commission. Said project plan shall be drawn to scale and shall contain the following information:
   A.   The location of all existing and proposed buildings and accessory buildings on the site, with full dimensions showing distances between buildings and distances from buildings to adjacent property lines.
   B.   The location of all parking spaces, driveways and points of vehicular ingress and egress.
   C.   The location of recreational vehicle storage areas, solid waste disposal areas, and walkways and paths.
   D.   A landscaping plan showing the location, types and initial sizes of all planting materials to be used, together with the location of fences, walls, hedges, open spaces, attached signs, and the location and types of sprinkling and irrigation systems.
   E.   Preliminary elevations of main buildings showing the general appearance and types of external materials to be used.
   F.   The location of all public and utility easements.
   G.   Any property used or proposed to be used in common. (Ord. 2000-23, 7-18-2000)

10-9C-15: OTHER REQUIREMENTS:

   A.   Signs: Unless otherwise prohibited by law, signs of the type and description listed below, and no others, may be placed and maintained in the RM-7 zone:
      1.   One sign or nameplate not exceeding twenty (20) square feet placed upon a building which identifies the name and address of an apartment structure or complex;
      2.   One sign or nameplate not exceeding two (2) square feet which identifies the name or address of the occupant of each single- family dwelling;
      3.   Two (2) temporary signs with a maximum area of six (6) square feet each, pertaining to the sale, lease or rent of the particular building, property or premises upon which displayed and no other;
      4.   Signs or monuments identifying points of interest or sites of historic significance. The size and location of said signs or monuments shall be specifically approved by the planning commission.
   B.   Landscaping: The following landscaping provisions shall apply in the RM-7 zone:
      1.   All open areas between the front property line and the rear line of the main buildings, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, etc., shall be maintained with suitable landscaping of plants, shrubs, trees, grass and similar natural landscaping materials. At least forty percent (40%) of the required front yard shall be devoted to landscaping.
      2.   For all new lots, the planting of a tree may be required in the parking area (utility strip) of the street in front of said lot or lots at an interval of thirty feet (30').
      3.   Notwithstanding any other requirements, thirty five percent (35%) of the land area of any development in the RM-7 zone shall be devoted to landscaping.
      4.   Initial landscaping shall include at least one tree per two (2) units and two (2) shrubs per unit.
      5.   In required landscaped areas, all trees shall have a minimum one and one-half inch (11/2") caliper trunk, and all shrubs shall be a minimum of five (5) gallon size.
      6.   All landscaped areas shall have sprinklers or irrigation systems as approved by the planning commission.
      7.   Landscaping shall be completed within the first twelve (12) months following issuance of the occupancy permit (certificate).
   C.   Trash Storage: All trash containers of a commercial size and design shall be screened from public streets and adjacent properties by an opaque wall or fence. No trash containers, private or commercial, shall be located within the required front yard setback.
   D.   Walls And Fences: See section 10-15-38 of this title. (Ord. 2000-23, 7-18-2000)
   E.   Infrastructure Improvement Schedule: Up to twenty five percent (25%) of the lots within the subdivision may be issued a building permit, only upon successful completion of per phase or per plat infrastructure improvements, according to the following schedule (existing homes on lots that fall within the subdivision are to be included within the 25 percent limit): (Ord. 2016-3, 1-5-2016)
 
 
Completion Required Before Issuing A Building Permit
Completion Required Before Issuing An Occupancy Permit
 
 
Stormwater lines
 
X
Stormwater infrastructure
 
X
Stormwater basin (if required)
 
X
Sewer lines
 
X
Water lines
 
X
Electrical lines
 
X
Cable service conduit
 
X
Road base
 
X
Curb/gutter
 
X
Gas lines
 
X
Sidewalk
 
X
Final road asphalt
 
X
Street signs and street lighting
 
X
 
(Ord. 2000-23, 7-18-2000)
      1.   When homes are to be built before adjacent sidewalk is installed, the city engineer may approve a sidewalk installation delay of up to six (6) months if a development guarantee is provided to the city and the request is approved by the city engineer. (Ord. 2016-3, 1-5-2016)
   F.   Household Pets: Household pets are permitted; provided, that the owner exercise reasonable and prudent animal husbandry. This requirement does not apply to kennels.
   G.   Occupancy Permits: Occupancy permits must be issued before occupancy of any structures where a building permit is required. (Ord. 2000-23, 7-18-2000)

10-9C-16: ALLOWABLE DENSITY:

The density shall be as determined by the general plan. (Ord. 2000-23, 7-18-2000)