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Plummer City Zoning Code

CHAPTER 5

R-1 RURAL RESIDENTIAL ZONE

8-5-1: GENERAL RESTRICTIONS:

   A.   The R-1 rural residential zone, is a land use classification suitable for single-family dwelling units, tiny homes, manufactured homes, and limited agricultural uses.
   B.   In the R-1 zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title) except for one or more of the uses in accordance with the following standards of this chapter.
   C.   Maximum height of buildings shall not exceed two (2) stories or thirty feet (30'), except that structures may exceed this height by special use permit.
   D.   No fence shall exceed five feet (5') in height in front of a dwelling in the R-1 zone beginning at the farthest front corners of each side of the house, or houses and attached garage or carport. Fences beginning at the farthest front corner of each side of the house, or house and attached garage or carport and extending rearward may be six feet (6') in height. Exceptions to these heights may be considered as a special use permit. (Ord. 398, 8-14-2009; amd. Ord. 456, 7-11-2019)

8-5-2: LOT SIZE:

The minimum allowable lot size is one-half (1/2) acre (21,000 square feet) with a minimum of one hundred feet (100') of continuous frontage on a public or private street. (Ord. 398, 8-14-2009)

8-5-3: SITE AREA:

The following site area requirements apply in the R-1 zone: On any parcel of land or lot of whatever size a minimum of fifty percent (50%) of the area of the site shall be left in open space free from all structures. (Ord. 398, 8-14-2009)

8-5-4: USES PERMITTED:

On property meeting the minimum lot size requirement within the R-1 zone the following uses are permitted:
   A single accessory dwelling on the same lot. Such accessory dwelling shall not exceed one-half (1/2) of the ground floor footprint of the primary dwelling or one thousand (1,000) square feet, whichever is greater.
   A tiny home, to be used as a single family dwelling or secondary residence, limited to one per lot. Such tiny home shall not exceed one-half (½) of the ground floor footprint of the primary dwelling or four hundred (400) square feet in floor area, excluding lofts, whichever is lesser.
   Garages, workshops, storage and other accessory buildings not to exceed one thousand two hundred (1,200) square feet.
   Horticulture, viticulture, and nurseries, limited to those activities suitable for the size of land and related conditions surrounding the property.
   Manufactured homes. It shall be set on an excavated and backfilled permanent foundation such that the home is located not more than twelve inches (12") above grade, except when placed on a basement foundation. The manufactured home shall have a pitched roof and exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings.
   Parks and recreational facilities controlled and maintained, either by the city or a responsible homeowners' association approved by the city council.
   Single-family dwelling, limited to one per lot.
   Small farm animals and poultry shall be kept under sanitary conditions. Particular emphasis shall be placed on maintaining an adequate control over odors emitted and on adequate pest control. All poultry and animals shall be kept within adequate fenced enclosures or buildings.
   Structures used to house and care for animals not to exceed one thousand (1,000) square feet.
   Temporary sales offices, construction trailers, or storage facilities for subdivisions or building sites, during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. All temporary buildings shall be set back at least ten feet (10') from all property lines. Continuation of such facilities beyond the completion date of the project shall require a special use permit.
   The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three (3) household pets shall be kept outside of dwelling units unless a greater number is authorized by special use permit. (Ord. 398, 8-14-2009; amd. Ord. 456, 7-11-2019)

8-5-5: USES PROHIBITED:

Any use constituting a nuisance in fact.
Any use not reasonably compatible with the surrounding area.
Auto wrecking and junk yards.
General commercial uses.
General manufacturing uses.
Manufactured home parks.
Mining.
Multi-family dwellings.
Recreational vehicle parks, campgrounds.
Storage. No property in the R-1 zone shall be used as a storage area for any purpose other than storage of material used in connection with the operation of household and agricultural activities associated with the normal operation of the uses permitted, except that property may be used for the storage of materials used during the construction of the individual building on the property. (Ord. 398, 8-14-2009)

8-5-6: BUILDING SETBACK REQUIREMENTS:

   A.   Residential structures:
 
Flanking street
15 feet
Front yard
20 feet
Rear yard
20 feet
Side yard
15 feet
 
   B.   Authorized accessory building:
 
Flanking street
15 feet
Front yard
20 feet
Rear yard
10 feet
Side yard
10 feet
 
   C.   No accessory buildings or tiny home shall be erected within any required setback or closer to any street than the primary residence unless attached thereto. No separate accessory building or tiny home shall be erected within five feet (5') of any other building, including structures exempted from building permits due to size and/or use.
   D.   No separate dwelling shall be erected within ten feet (10') of any other dwelling structure.
   E.   The following encroachments are permitted:
      1.   Balconies, decks and patios may encroach up to twenty five percent (25%) of the depth of the setback.
      2.   Roof overhangs, eaves, and bay windows may encroach up to ten percent (10%) of the depth of the setback.
   F.   Fences as allowed in section 8-5-1 are permitted on the property line. Fences containing poultry, pets, or other animals shall be set back a minimum of five feet (5') from adjoining property. (Ord. 398, 8-14-2009; amd. Ord. 456, 7-11-2019)

8-5-7: OFF STREET PARKING, MINIMUM REQUIREMENTS:

   A.   Each residence is required to have two (2) off street parking spaces for vehicles located on the same lot as the use they are intended to serve. Each tiny home shall have one (1) additional parking space for vehicles located on the same lot as the use they are intended to serve.
   B.   All parking areas shall provide for proper drainage of on site surface water.
   C.   No major recreational equipment shall be parked or stored on any street or alley in a residential district to exceed twenty four (24) hours. For purposes of these regulations, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, trailers, mobile homes, park model recreational vehicles, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
   D.   Any use allowed by special use permit may be required to have a larger number of off street parking spaces. (Ord. 398, 8-14-2009; amd. Ord. 456, 7-11-2019)

8-5-8: SIGN REGULATIONS:

   A.   The purpose of this section is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the city. These standards are enacted to protect the public health, safety and welfare of persons within the community. They are intended to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility of the design of such devices without creating detriment to the general public. They are also intended to promote clear views of the natural surroundings by minimizing visual clutter.
   B.   All signs must adhere to the following regulations:
      1.   No signs shall be placed in any public right of way except publicly owned signs.
      2.   No sign imitating or resembling an official traffic or government sign or signal shall be placed on property visible from any public right of way.
      3.   No sign shall be constructed or erected so as to create a traffic hazard.
      4.   No sign shall emit audible sound, odor, smoke, steam, laser or hologram lights.
      5.   It is the obligation of the owner of every sign within the city to maintain the sign in a good state of repair at all times. A sign which, due to structural weakness, design defect, or other reason, constitutes a threat to the health, safety, and welfare of any person or property, must be repaired, replaced or removed within thirty (30) days of notice from the city.
      6.   All signs shall be constructed in accordance with applicable building and electrical codes.
      7.   Abandoned signs or any sign which identifies or advertises an activity, business, service or event which is no longer produced, conducted, performed or sold on the premises where the sign is located is prohibited and must be removed within thirty (30) days of the use being vacated.
   C.   The following signs are allowed within the R-1 zone in conformance with the size and setback standards set forth:
      1.   House number signs are required.
      2.   Real estate signs permitted provided they are no greater than six (6) square feet in size. No real estate sign shall be posted in the public right of way.
      3.   Nonilluminated signs for a permitted home occupation shall be permitted, not to exceed sixteen (16) square feet in area and a maximum of four feet (4') in height. Home occupation signs may be wall, freestyle or monument signs and shall meet accessory building setback requirements for this chapter. Signs with a closer setback may be allowed by special use permit.
      4.   Mobile signs and A-frame signs advertising services or goods for sale shall be permitted on private property during hours of operation for a permitted home occupation, not to exceed six (6) square feet per side.
      5.   Political signs provided that, such signs shall not be posted in any place or in any manner that is destructive to public property upon posting or removal or creates a traffic hazard. No political sign shall be posted in a public right of way nor shall any such sign be posted on a utility pole. All candidates for public office, their campaign committees or other persons responsible for the posting of campaign material shall remove such material within two (2) weeks following election day.
      6.   Signs or bulletin boards for a church, school or any other public or religious or educational institution within residential districts shall not exceed sixteen (16) square feet in size and may be erected not less than ten feet (10') from the right of way line of any street or highway provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.
      7.   Subdivision monument signs are permitted provided they do not exceed thirty two (32) square feet in size, have a maximum height of four feet (4'), and are landscaped around the base of the sign. (Ord. 398, 8-14-2009)

8-5-9: SPECIAL USES:

On property meeting the minimum lot size requirement within the R-1 zone the following uses may be permitted through the issuance of a special use permit pursuant to chapter 16 of this title:
   A roadside stand or other structure, not exceeding five hundred (500) square feet of enclosed space for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner of the land. The majority of the products sold at such stand shall be, or derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of thirty feet (30') from the property line abutting the street, in such a manner as to permit safe access and egress for automobiles, and parking off of the street right of way.
   Accessory buildings in excess of one thousand two hundred (1,200) square feet.
   Bed and breakfast.
   Churches.
   Communications antennas up to forty five feet (45') in height which are securely anchored. Antennas greater than forty five feet (45') in height and tower mounted antennas shall require a statement from a registered professional engineer regarding the structural integrity of the antenna and/or tower.
   Dog kennel keeping greater than three (3) household pets outside of a dwelling unit. Application must include plans for waste disposal, control of odors, and control of noise.
   Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forest products. Wood waste is required to be chipped, removed, or disposed of in a manner approved as part of the special use permit.
   Foster home; group home; and institution for minor children.
   Government buildings of nonindustrial character, including emergency services and offices.
   Home occupations as defined in section 8-2-2 of this title.
   Livestock not to exceed one large animal, as defined in section 8-2-2, per acre used solely for the purpose of keeping the livestock. Livestock must be within a secure fence. An application for special use permit for livestock must include plans for disposal of waste. Livestock which becomes a nuisance must be removed from the R-1 zone.
   Nursing home.
   Public utilities facility, nonindustrial, noncommercial, and no storage.
   Temporary sales offices, construction trailers, or storage facilities for subdivisions or building sites after the completion date of the project. All temporary buildings shall be set back at least ten feet (10') from all property lines. (Ord. 398, 8-14-2009)