Polk City City Zoning Code

165.09 RESIDENTIAL

ZONING DISTRICT REGULATIONS R-1, R-1A, R-2, R-2A, R-3, AND R-4.

The residentially zoned districts are intended to provide for residential areas of various densities, to promote neighborhood quality of life, and to provide for those areas in a manner consistent with the Comprehensive Plan. It is intended that the district shall not be used indiscriminately to permit any use that could potentially be detrimental to the public health, welfare, and safety of the community. Not temporary buildings, trailers, tents, portable or potentially portable structures shall be used for dwelling purposes.

1. Residential Districts.

A. R-1 Single Family Detached Residential District. The R-1 District is intended to provide for the development or redevelopment of low-density residential areas of the City with one-family detached dwellings on individual platted lots.

B. R-1A Single Family Residential District. The R-1A District is intended to provide for the development or redevelopment of low-density residential areas of the City with single family dwellings on smaller individual platted lots.

C. R-2 One- and Two-family Residential District. The R-2 District is intended to provide for the development or redevelopment of low-density residential areas of the City with one- and two-family dwellings on platted lots.

D. R-2A Townhome Residential District. The R-2A District is intended to provide for development or redevelopment of low- and medium-density residential areas of the City with rowhome dwellings having at least two and no more than four dwelling units in one structure, villas, and/or a combination thereof, provided all dwellings are included under one townhome regime providing for common ownership and maintenance responsibilities of facilities and amenities. Private streets are permitted, but not required, in the R-2A District.

(Ord. 2024-1000 – Jan. 25 Supp.)

E. R-3 Multiple-Family Residential District. The R-3 District is intended to provide for redevelopment of higher-density residential areas now developed with one-family, two-family, multiple-family dwellings, and condominiums and for development of areas where similar residential development seems likely to occur.

F. R-4 Mobile Home Park Residential District. The R-4 District is intended to provide for the development of certain medium density residential areas, which by reason of their design and location are compatible with surrounding residential areas, with mobile home parks.

2. Principal Permitted Uses. Principal permitted uses for residential districts are as follows:

RESIDENTIAL ZONING DISTRICTS
PRINCIPAL PERMITTED USE	R-1	R-1A	R-2	R-2A	R-3	R-4
Agricultural - crop production only for growing of farm products such as vegetables, fruits, trees and grain but excluding crop storage, animal production or raising or roadside stands.	P	P	P	P	P	P
Civic - private clubs, lodges or veterans organizations, excepting those holding a beer permit or liquor license.					P
Civic - public museums, libraries, or community centers and similar uses.	P	P	P		P
Civic - public or private parks and playgrounds.	P	P	P	P	P	P
Education - child care, including daycares and preschools which are operated as an accessory use to a church or primary school.	P		P		P
Education - child care, including daycares and preschools which are operated as an accessory use to a single family detached residential use.	PR	PR	PR	PR	PR
Education - colleges and universities, including classrooms, administration buildings and athletic facilities but excluding commercial trade schools and business colleges.					P
Education - primary and secondary schools, public & private, excluding boarding schools.	P	P	P		P
Education - residential housing including dormitories, fraternities and sororities if recognized by the local college or university.					P
Hotels - residential bed & breakfast (less than 3 units).		P	P		P
Hotels - bed & breakfast inn (up to 12 units)					P
Religious institutions.	P	P	P
Residential - boarding houses.	P		P		P
Residential - mobile home parks.						PR
Residential - multiple-family dwellings (up to 6 dwelling units per building) including apartments, rowhomes and condominiums.					P
Residential - multiple-family dwellings (more than 6 dwelling units per building) including apartments and condominiums.					P
Residential - nursing homes, Assisted Care facilities, Independent Care facilities, and group homes.					P
Residential - single-family, bi-attached and duplexes.			P		P
Residential - single-family, detached.	P	P	P		P
Residential - single-family villas in townhome regime				P	P
Residential - townhomes, rowhomes (up to 4 units per building).				P	P
Residential - two-family dwellings.			P		P
Key: P = Permitted Use PR = Permitted Use With Restrictions, provided said use is permitted as determined by P&Z and approved by City Council Blank = Use Not Permitted

(Subsection 2 – Ord. 2024-1000 – Jan. 24 Supp.)

3. Restrictions for Principal Permitted Uses.

A. Child care, daycares, and preschools, are subject to the following restrictions:

(1) The building used for such purposes is located not less than 20 feet from any other lot in any residential district.

(2) There shall be provided for each child a minimum of 35 square feet of usable floor space, exclusive of wash rooms, toilets, kitchens, and hallways.

(3) There shall be provided for each child a minimum of 100 square feet of usable outdoor play space, which space shall be confined to the rear yard of the property and be completely enclosed by a fence.

(4) When located in a townhome development or a multiple-family structure, such uses shall not be permitted in individual residential dwelling units.

(Ord. 2024-1000 – Jan. 25 Supp.)

B. Mobile Home Parks and Tiny Home Parks are subject to the following restrictions:

(1) A Master Plan and Development Agreement shall be required for all mobile home parks and tiny home parks in conformance with Chapter 171. Master Plans shall be submitted in conjunction with the petition for rezoning and shall be approved prior to rezoning any property to R-4.

(2) No mobile home park or tiny home park, or any initial stage thereof, shall contain less than 50 mobile home or tiny home spaces.

(3) At least one storm shelter shall be constructed in each mobile home park and tiny home park, which is acceptable to the City Council as to size, location, and construction materials and shall be constructed and maintained as shown on the approved Site Plan.

(4) Parking shall be permitted on only one side of any public or private street within or adjoining the mobile home park or tiny home park. No parking shall be permitted on the south or east side of the street unless otherwise designated on the approved Site Plan.

(5) The parking or storage of recreational vehicles including boats, campers, snowmobiles, four-wheelers, and travel trailers shall not be permitted except in a paved parking lot designated on the approved Site Plan for such use.

(6) Every mobile home or tiny home shall be supported and set, and tie-downs or anchors provided, as specified in the manufacturer’s instructions or, in their absence, according to the minimum requirements as specified in Division VI, Part 2 of the Iowa State Building Code.

(7) Only independent mobile homes or tiny homes shall be used for residential purposes which:

a. Are designed for long-term occupancy and contain a flush toilet, a tub or shower, and kitchen facilities;

b. Require a connection to outside sewer and water systems because a waste holding tank and water storage tank are not integral parts of the mobile home or tiny home;

c. Are at least 32 feet in body length exclusive of trailer hitch when factory equipped for the roads;

d. Are not built on a self-propelled motor chassis;

e. Are not identified as a recreational vehicle, such as a camping trailer or motor home, by the manufacturer.

(8) Skirting of permanent type material and construction sufficient to provide substantial resistance to high winds shall be installed within 90 days after the placement of the mobile home or tiny home to enclose the open space between the bottom of the mobile home or tiny home floor and the grade level of the mobile home or tiny home stand. The skirting shall be maintained in an attractive manner consistent with the exterior of the mobile home or tiny home and the appearance of the mobile home park or tiny home park.

(9) Temporary mobile home or tiny home storage may be permitted prior to permanent placement on the mobile home stand or tiny home stand but shall not exceed 60 days.

4. Accessory Uses. Uses not permitted as a principal permitted use for that zoning district shall not be permitted as an accessory use except as specifically permitted in this subsection. The following accessory uses are permitted in residential zoning districts:

A. Customary accessory uses and structures incidental to the permitted principal uses.

B. Private garage or carport.

C. The home office of a physician, dentist, artist, attorney, architect, engineer, teacher or other member of a recognized profession, in said person’s bona fide and primary single-family detached residence; provided that: not more than one assistant shall be regularly employed therein and no colleagues or associates shall use such office and not more than one-half the area of one floor shall be used for such office. It is not the intention of this paragraph to include dance studios, music studios, beauty parlors or barber shops, or uses usually referred to as customary home occupations.

D. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

E. Temporary use of a dwelling structure within a new subdivision for use as a job office and real estate office for the subject subdivision, which use shall terminate upon substantial completion (75 percent of the lots or units have been sold by the developer) or abandonment of the project (lots, units or homes are not available for sale by developer).

F. In the R-3 district, developed as an Independent Living or Assisted Living Facility, an accessory management office, retail convenience or service shop may be permitted provided that such complex be under one management or similar control and contains more than 30 permanent dwelling units and provided that:

(1) Such shops are located on the first floor or lower and there is no entrance to such place of business except from the inside of the building or internal courtyard.

(2) Display of any stock, goods or advertising is so arranged that it cannot be viewed from outside the building.

(3) No advertising sign shall be permitted that exceeds one square foot in area.

G. Club houses within a residential subdivision where ownership is maintained under a homeowners association. Clubhouses shall be constructed of materials similar to the principal structures within the development and shall meet all site development regulations specified herein. Parking shall be provided at a rate of five stalls per 1, 000 square feet of gross floor area.

H. In the R-4 District, management offices, service buildings, maintenance buildings, storm shelters, recreation buildings, vending and/or food services including groceries, coin operated laundry facilities and mini-storage units, may be permitted if approved by Council on a Site plan as subordinate use to the mobile home park or tiny home park.

5. Accessory Structures. See Section 165.06.

6. Site Development Regulations. Dimensional requirements for residential districts are as follows:

SITE DEVELOPMENT REGULATIONS FOR RESIDENTIAL DISTRICTS
Regulator	R-1	R-1A	R-2	R-2A	R-3	R-4
Minimum Lot Area2 (sq ft) Dwellings Other Principal Structures	10,000 12,500	6,400 12,500	8,000 -SF 10,000 -2F8 5,000 -BI 12,500	Villa: 5,2004 Row: 3,900 plus 3,200 per Int Unit 12,500	7,500 -SF 8,750 -2F 4,375 -BI 12,500 -MF 12,500	20 acres
Lot Area per Dwelling Unit4 (square feet)				Max Density9: 6 du/ac	2,500 Max Density9: 6 du/ac	5,0007
Minimum Lot Width2 (linear feet):	802	65	65 -SF 85 -2F8 42.5 -BI	Villa: 504 Row: 405 Other: 100	65 -SF 75 -2F 38 -BI 100 -MF	300
Min. Front Yard Depth (feet)	35	30	30	Public street: 30 Private Street10: 20	30	50
Min. Rear Yard Depth6 (feet) Dwellings Other Principal Structures	35 45	20 20	35 35	Perimeter11: 35 Internal11: 20 35	40 40	50 50
Min. Side Yard Depth1,6 (feet) One or Two Family Detached Other Principal Structures	83 20	8 20	83 15	Perimeter11: 15 Internal11: 6 12.5	40 12.5	50
Building Height Limit Principal Structure (stories) Principal Structure (feet) Accessory Structure (feet)	2 ½ 35 16	2 ½ 35 16	2½ 35 16	3 40 16	3 45 16	1 20 16
Key: SF = Single family BI = Single-family bi-attached (one lot per dwelling unit) 2F = Duplex, two-family (one lot per two dwelling units) MF = Multiple-family (one lot per one or more structures) Row = Rowhome (one lot per dwelling unit) Int – Interior dwelling unit in a rowhome structure (one lot per dwelling unit) Villa – Villa (one lot per dwelling unit)

Notes:
1.	On corner lots, street side yard shall equal front yard depth except for lots of record prior to January 1, 2003.
2.	Except where water and/or sewer is not available, the minimum lot area shall be 40,000 square feet and the minimum lot width shall be 150 feet
3.	Except for lots of record prior to December 19, 1991, having a lot width of less than 75 feet, the side yards may be reduced for single-family dwellings only as follows: (i) Each side yard may be reduced to not less than 10 percent of the lot width; and (ii) on corner lots, only the interior side yard may be reduced below 8 feet.
4.	“Postage stamp” lots are permitted in the R-2A and district provided setbacks, clearances, and density requirements are met for the development as a whole. Clearance between structures shall be the total of the otherwise-required setbacks for the adjacent dwellings, based on building orientation and the applicable side and/or rear yard setback for each structure.
5.	Minimum lot width is for two dwelling units in one townhome structure, additional interior units shall have 32 feet of lot width for each additional unit.
6.	Except where rear or side demising wall is a permitted common wall between dwelling units.
7.	Each mobile home space shall have a 25 feet front yard measured from edge of private street to closest face of mobile home, a 15 feet rear yard measured from rear space line to closest face of mobile home, and a 20 feet side yard separation between mobile homes. All accessory structures shall have a 25 feet yard on all sides except garages which shall have the same yard requirements for mobile homes.
8.	Except for Lots of Record created in an R-2 district prior to January 14, 2013, which shall require a minimum lot area of 8,000 square feet and a minimum width of 75 feet for two-family dwellings.
9.	Maximum density calculation for applicable residential districts shall be exclusive of public or private rights-of-way and/or easement for ingress and egress.
10.	Setbacks on private streets in townhome developments shall be measured from the face of structure to the back of curb or back of sidewalk, whichever is closer. However, in multiple-family developments, setbacks on private streets shall be the same as those required on public streets.
11.	Where regulated, perimeter setbacks shall apply to property lines on the perimeter of the development and/or to right-of-way lines for public streets whether abutting or internal to the development. Internal setbacks shall apply to all property lines that are not required to meet perimeter setback requirements.

(Subsection 6 – Ord. 2024-1000 – Jan. 25 Supp.)

7. Off-Street Parking. Off-street parking shall be provided as required by Section 165.18 for all residential districts. In addition, the following requirements shall apply:

A. All dwelling units constructed after the adoption of the ordinance codified in this chapter located within any permitted zoning district shall have a minimum two-car, enclosed garage, except for apartment dwellings having less than three bedrooms per unit and except for independent and assisted living units in a senior living facility.

(Ord. 2022-2600 – Feb. 23 Supp.)

B. All apartment dwelling units having less than three bedrooms constructed after the adoption of the ordinance codified in this chapter located within any permitted zoning district shall have a minimum one-car, enclosed garage area per unit.

C. Carports shall not be considered as an acceptable enclosed garage or garage area.

D. In the R-2A District, each villa or rowhome shall have a two-car garage attached to the individual dwelling unit. Detached garage structures serving multiple dwelling units shall not be permitted.

(Paragraph D – Ord. 2024-1000 – Jan. 25 Supp.)

8. Site Plans. Site plans shall be required for all uses in all residential districts except single family and duplex family residential dwellings. See Chapter 157 for Site Plan requirements.

9. Division of Single-family lots of record. In any residential district, single-family lots previously platted in a subdivision of similarly sized single-family residential lots shall not be further subdivided or split by a Plat of Survey or by Specific Quantity Description. No building permits shall be issued for either parcel on any such lot so split.

10. Architectural Design Standards. Architectural Standards shall be required in conformance with the provisions of Section 157.09 of this Code of Ordinances.

11. Open Space Requirements. Open space requirements shall be required in conformance with Section 165.06, Subsection 11, of this chapter.

12. Landscape, Planting and Screening. Open space planting, parking area landscaping buffer screening with easements shall be required in accordance with Section 165.19 of this chapter.

13. Exceptions and Modifications. See Section 165.16 for exceptions to the R-1, R-2 and R-3 district regulations. However, there shall be no exceptions to the requirements of the R-1A, R-2A or R-4 zoning district regulations and the provisions of Section 165.16 and the provisions of Section 165.06, Subsections 5 and 12 shall not apply to said districts.

Polk City City Zoning Code

165.09 RESIDENTIAL

ZONING DISTRICT REGULATIONS R-1, R-1A, R-2, R-2A, R-3, AND R-4.

1. Residential Districts.

(Ord. 2024-1000 – Jan. 25 Supp.)

2. Principal Permitted Uses. Principal permitted uses for residential districts are as follows:

RESIDENTIAL ZONING DISTRICTS
PRINCIPAL PERMITTED USE	R-1	R-1A	R-2	R-2A	R-3	R-4
Agricultural - crop production only for growing of farm products such as vegetables, fruits, trees and grain but excluding crop storage, animal production or raising or roadside stands.	P	P	P	P	P	P
Civic - private clubs, lodges or veterans organizations, excepting those holding a beer permit or liquor license.					P
Civic - public museums, libraries, or community centers and similar uses.	P	P	P		P
Civic - public or private parks and playgrounds.	P	P	P	P	P	P
Education - child care, including daycares and preschools which are operated as an accessory use to a church or primary school.	P		P		P
Education - child care, including daycares and preschools which are operated as an accessory use to a single family detached residential use.	PR	PR	PR	PR	PR
Education - colleges and universities, including classrooms, administration buildings and athletic facilities but excluding commercial trade schools and business colleges.					P
Education - primary and secondary schools, public & private, excluding boarding schools.	P	P	P		P
Education - residential housing including dormitories, fraternities and sororities if recognized by the local college or university.					P
Hotels - residential bed & breakfast (less than 3 units).		P	P		P
Hotels - bed & breakfast inn (up to 12 units)					P
Religious institutions.	P	P	P
Residential - boarding houses.	P		P		P
Residential - mobile home parks.						PR
Residential - multiple-family dwellings (up to 6 dwelling units per building) including apartments, rowhomes and condominiums.					P
Residential - multiple-family dwellings (more than 6 dwelling units per building) including apartments and condominiums.					P
Residential - nursing homes, Assisted Care facilities, Independent Care facilities, and group homes.					P
Residential - single-family, bi-attached and duplexes.			P		P
Residential - single-family, detached.	P	P	P		P
Residential - single-family villas in townhome regime				P	P
Residential - townhomes, rowhomes (up to 4 units per building).				P	P
Residential - two-family dwellings.			P		P
Key: P = Permitted Use PR = Permitted Use With Restrictions, provided said use is permitted as determined by P&Z and approved by City Council Blank = Use Not Permitted

(Subsection 2 – Ord. 2024-1000 – Jan. 24 Supp.)

3. Restrictions for Principal Permitted Uses.

A. Child care, daycares, and preschools, are subject to the following restrictions:

(1) The building used for such purposes is located not less than 20 feet from any other lot in any residential district.

(2) There shall be provided for each child a minimum of 35 square feet of usable floor space, exclusive of wash rooms, toilets, kitchens, and hallways.

(4) When located in a townhome development or a multiple-family structure, such uses shall not be permitted in individual residential dwelling units.

(Ord. 2024-1000 – Jan. 25 Supp.)

B. Mobile Home Parks and Tiny Home Parks are subject to the following restrictions:

(2) No mobile home park or tiny home park, or any initial stage thereof, shall contain less than 50 mobile home or tiny home spaces.

(7) Only independent mobile homes or tiny homes shall be used for residential purposes which:

a. Are designed for long-term occupancy and contain a flush toilet, a tub or shower, and kitchen facilities;

b. Require a connection to outside sewer and water systems because a waste holding tank and water storage tank are not integral parts of the mobile home or tiny home;

c. Are at least 32 feet in body length exclusive of trailer hitch when factory equipped for the roads;

d. Are not built on a self-propelled motor chassis;

e. Are not identified as a recreational vehicle, such as a camping trailer or motor home, by the manufacturer.

(9) Temporary mobile home or tiny home storage may be permitted prior to permanent placement on the mobile home stand or tiny home stand but shall not exceed 60 days.

A. Customary accessory uses and structures incidental to the permitted principal uses.

B. Private garage or carport.

D. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

(1) Such shops are located on the first floor or lower and there is no entrance to such place of business except from the inside of the building or internal courtyard.

(2) Display of any stock, goods or advertising is so arranged that it cannot be viewed from outside the building.

(3) No advertising sign shall be permitted that exceeds one square foot in area.

5. Accessory Structures. See Section 165.06.

6. Site Development Regulations. Dimensional requirements for residential districts are as follows:

SITE DEVELOPMENT REGULATIONS FOR RESIDENTIAL DISTRICTS
Regulator	R-1	R-1A	R-2	R-2A	R-3	R-4
Minimum Lot Area2 (sq ft) Dwellings Other Principal Structures	10,000 12,500	6,400 12,500	8,000 -SF 10,000 -2F8 5,000 -BI 12,500	Villa: 5,2004 Row: 3,900 plus 3,200 per Int Unit 12,500	7,500 -SF 8,750 -2F 4,375 -BI 12,500 -MF 12,500	20 acres
Lot Area per Dwelling Unit4 (square feet)				Max Density9: 6 du/ac	2,500 Max Density9: 6 du/ac	5,0007
Minimum Lot Width2 (linear feet):	802	65	65 -SF 85 -2F8 42.5 -BI	Villa: 504 Row: 405 Other: 100	65 -SF 75 -2F 38 -BI 100 -MF	300
Min. Front Yard Depth (feet)	35	30	30	Public street: 30 Private Street10: 20	30	50
Min. Rear Yard Depth6 (feet) Dwellings Other Principal Structures	35 45	20 20	35 35	Perimeter11: 35 Internal11: 20 35	40 40	50 50
Min. Side Yard Depth1,6 (feet) One or Two Family Detached Other Principal Structures	83 20	8 20	83 15	Perimeter11: 15 Internal11: 6 12.5	40 12.5	50
Building Height Limit Principal Structure (stories) Principal Structure (feet) Accessory Structure (feet)	2 ½ 35 16	2 ½ 35 16	2½ 35 16	3 40 16	3 45 16	1 20 16
Key: SF = Single family BI = Single-family bi-attached (one lot per dwelling unit) 2F = Duplex, two-family (one lot per two dwelling units) MF = Multiple-family (one lot per one or more structures) Row = Rowhome (one lot per dwelling unit) Int – Interior dwelling unit in a rowhome structure (one lot per dwelling unit) Villa – Villa (one lot per dwelling unit)

Notes:
1.	On corner lots, street side yard shall equal front yard depth except for lots of record prior to January 1, 2003.
2.	Except where water and/or sewer is not available, the minimum lot area shall be 40,000 square feet and the minimum lot width shall be 150 feet
3.	Except for lots of record prior to December 19, 1991, having a lot width of less than 75 feet, the side yards may be reduced for single-family dwellings only as follows: (i) Each side yard may be reduced to not less than 10 percent of the lot width; and (ii) on corner lots, only the interior side yard may be reduced below 8 feet.
4.	“Postage stamp” lots are permitted in the R-2A and district provided setbacks, clearances, and density requirements are met for the development as a whole. Clearance between structures shall be the total of the otherwise-required setbacks for the adjacent dwellings, based on building orientation and the applicable side and/or rear yard setback for each structure.
5.	Minimum lot width is for two dwelling units in one townhome structure, additional interior units shall have 32 feet of lot width for each additional unit.
6.	Except where rear or side demising wall is a permitted common wall between dwelling units.
7.	Each mobile home space shall have a 25 feet front yard measured from edge of private street to closest face of mobile home, a 15 feet rear yard measured from rear space line to closest face of mobile home, and a 20 feet side yard separation between mobile homes. All accessory structures shall have a 25 feet yard on all sides except garages which shall have the same yard requirements for mobile homes.
8.	Except for Lots of Record created in an R-2 district prior to January 14, 2013, which shall require a minimum lot area of 8,000 square feet and a minimum width of 75 feet for two-family dwellings.
9.	Maximum density calculation for applicable residential districts shall be exclusive of public or private rights-of-way and/or easement for ingress and egress.
10.	Setbacks on private streets in townhome developments shall be measured from the face of structure to the back of curb or back of sidewalk, whichever is closer. However, in multiple-family developments, setbacks on private streets shall be the same as those required on public streets.
11.	Where regulated, perimeter setbacks shall apply to property lines on the perimeter of the development and/or to right-of-way lines for public streets whether abutting or internal to the development. Internal setbacks shall apply to all property lines that are not required to meet perimeter setback requirements.

(Subsection 6 – Ord. 2024-1000 – Jan. 25 Supp.)

7. Off-Street Parking. Off-street parking shall be provided as required by Section 165.18 for all residential districts. In addition, the following requirements shall apply:

(Ord. 2022-2600 – Feb. 23 Supp.)

C. Carports shall not be considered as an acceptable enclosed garage or garage area.

D. In the R-2A District, each villa or rowhome shall have a two-car garage attached to the individual dwelling unit. Detached garage structures serving multiple dwelling units shall not be permitted.

(Paragraph D – Ord. 2024-1000 – Jan. 25 Supp.)

8. Site Plans. Site plans shall be required for all uses in all residential districts except single family and duplex family residential dwellings. See Chapter 157 for Site Plan requirements.

10. Architectural Design Standards. Architectural Standards shall be required in conformance with the provisions of Section 157.09 of this Code of Ordinances.

11. Open Space Requirements. Open space requirements shall be required in conformance with Section 165.06, Subsection 11, of this chapter.

12. Landscape, Planting and Screening. Open space planting, parking area landscaping buffer screening with easements shall be required in accordance with Section 165.19 of this chapter.

Polk City City Zoning Code

165.09 RESIDENTIAL

ZONING DISTRICT REGULATIONS R-1, R-1A, R-2, R-2A, R-3, AND R-4.

1. Residential Districts.

(Ord. 2024-1000 – Jan. 25 Supp.)

2. Principal Permitted Uses. Principal permitted uses for residential districts are as follows:

RESIDENTIAL ZONING DISTRICTS
PRINCIPAL PERMITTED USE	R-1	R-1A	R-2	R-2A	R-3	R-4
Agricultural - crop production only for growing of farm products such as vegetables, fruits, trees and grain but excluding crop storage, animal production or raising or roadside stands.	P	P	P	P	P	P
Civic - private clubs, lodges or veterans organizations, excepting those holding a beer permit or liquor license.					P
Civic - public museums, libraries, or community centers and similar uses.	P	P	P		P
Civic - public or private parks and playgrounds.	P	P	P	P	P	P
Education - child care, including daycares and preschools which are operated as an accessory use to a church or primary school.	P		P		P
Education - child care, including daycares and preschools which are operated as an accessory use to a single family detached residential use.	PR	PR	PR	PR	PR
Education - colleges and universities, including classrooms, administration buildings and athletic facilities but excluding commercial trade schools and business colleges.					P
Education - primary and secondary schools, public & private, excluding boarding schools.	P	P	P		P
Education - residential housing including dormitories, fraternities and sororities if recognized by the local college or university.					P
Hotels - residential bed & breakfast (less than 3 units).		P	P		P
Hotels - bed & breakfast inn (up to 12 units)					P
Religious institutions.	P	P	P
Residential - boarding houses.	P		P		P
Residential - mobile home parks.						PR
Residential - multiple-family dwellings (up to 6 dwelling units per building) including apartments, rowhomes and condominiums.					P
Residential - multiple-family dwellings (more than 6 dwelling units per building) including apartments and condominiums.					P
Residential - nursing homes, Assisted Care facilities, Independent Care facilities, and group homes.					P
Residential - single-family, bi-attached and duplexes.			P		P
Residential - single-family, detached.	P	P	P		P
Residential - single-family villas in townhome regime				P	P
Residential - townhomes, rowhomes (up to 4 units per building).				P	P
Residential - two-family dwellings.			P		P
Key: P = Permitted Use PR = Permitted Use With Restrictions, provided said use is permitted as determined by P&Z and approved by City Council Blank = Use Not Permitted

(Subsection 2 – Ord. 2024-1000 – Jan. 24 Supp.)

3. Restrictions for Principal Permitted Uses.

A. Child care, daycares, and preschools, are subject to the following restrictions:

(1) The building used for such purposes is located not less than 20 feet from any other lot in any residential district.

(2) There shall be provided for each child a minimum of 35 square feet of usable floor space, exclusive of wash rooms, toilets, kitchens, and hallways.

(4) When located in a townhome development or a multiple-family structure, such uses shall not be permitted in individual residential dwelling units.

(Ord. 2024-1000 – Jan. 25 Supp.)

B. Mobile Home Parks and Tiny Home Parks are subject to the following restrictions:

(2) No mobile home park or tiny home park, or any initial stage thereof, shall contain less than 50 mobile home or tiny home spaces.

(7) Only independent mobile homes or tiny homes shall be used for residential purposes which:

a. Are designed for long-term occupancy and contain a flush toilet, a tub or shower, and kitchen facilities;

b. Require a connection to outside sewer and water systems because a waste holding tank and water storage tank are not integral parts of the mobile home or tiny home;

c. Are at least 32 feet in body length exclusive of trailer hitch when factory equipped for the roads;

d. Are not built on a self-propelled motor chassis;

e. Are not identified as a recreational vehicle, such as a camping trailer or motor home, by the manufacturer.

(9) Temporary mobile home or tiny home storage may be permitted prior to permanent placement on the mobile home stand or tiny home stand but shall not exceed 60 days.

A. Customary accessory uses and structures incidental to the permitted principal uses.

B. Private garage or carport.

D. Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

(1) Such shops are located on the first floor or lower and there is no entrance to such place of business except from the inside of the building or internal courtyard.

(2) Display of any stock, goods or advertising is so arranged that it cannot be viewed from outside the building.

(3) No advertising sign shall be permitted that exceeds one square foot in area.

5. Accessory Structures. See Section 165.06.

6. Site Development Regulations. Dimensional requirements for residential districts are as follows:

SITE DEVELOPMENT REGULATIONS FOR RESIDENTIAL DISTRICTS
Regulator	R-1	R-1A	R-2	R-2A	R-3	R-4
Minimum Lot Area2 (sq ft) Dwellings Other Principal Structures	10,000 12,500	6,400 12,500	8,000 -SF 10,000 -2F8 5,000 -BI 12,500	Villa: 5,2004 Row: 3,900 plus 3,200 per Int Unit 12,500	7,500 -SF 8,750 -2F 4,375 -BI 12,500 -MF 12,500	20 acres
Lot Area per Dwelling Unit4 (square feet)				Max Density9: 6 du/ac	2,500 Max Density9: 6 du/ac	5,0007
Minimum Lot Width2 (linear feet):	802	65	65 -SF 85 -2F8 42.5 -BI	Villa: 504 Row: 405 Other: 100	65 -SF 75 -2F 38 -BI 100 -MF	300
Min. Front Yard Depth (feet)	35	30	30	Public street: 30 Private Street10: 20	30	50
Min. Rear Yard Depth6 (feet) Dwellings Other Principal Structures	35 45	20 20	35 35	Perimeter11: 35 Internal11: 20 35	40 40	50 50
Min. Side Yard Depth1,6 (feet) One or Two Family Detached Other Principal Structures	83 20	8 20	83 15	Perimeter11: 15 Internal11: 6 12.5	40 12.5	50
Building Height Limit Principal Structure (stories) Principal Structure (feet) Accessory Structure (feet)	2 ½ 35 16	2 ½ 35 16	2½ 35 16	3 40 16	3 45 16	1 20 16
Key: SF = Single family BI = Single-family bi-attached (one lot per dwelling unit) 2F = Duplex, two-family (one lot per two dwelling units) MF = Multiple-family (one lot per one or more structures) Row = Rowhome (one lot per dwelling unit) Int – Interior dwelling unit in a rowhome structure (one lot per dwelling unit) Villa – Villa (one lot per dwelling unit)

Notes:
1.	On corner lots, street side yard shall equal front yard depth except for lots of record prior to January 1, 2003.
2.	Except where water and/or sewer is not available, the minimum lot area shall be 40,000 square feet and the minimum lot width shall be 150 feet
3.	Except for lots of record prior to December 19, 1991, having a lot width of less than 75 feet, the side yards may be reduced for single-family dwellings only as follows: (i) Each side yard may be reduced to not less than 10 percent of the lot width; and (ii) on corner lots, only the interior side yard may be reduced below 8 feet.
4.	“Postage stamp” lots are permitted in the R-2A and district provided setbacks, clearances, and density requirements are met for the development as a whole. Clearance between structures shall be the total of the otherwise-required setbacks for the adjacent dwellings, based on building orientation and the applicable side and/or rear yard setback for each structure.
5.	Minimum lot width is for two dwelling units in one townhome structure, additional interior units shall have 32 feet of lot width for each additional unit.
6.	Except where rear or side demising wall is a permitted common wall between dwelling units.
7.	Each mobile home space shall have a 25 feet front yard measured from edge of private street to closest face of mobile home, a 15 feet rear yard measured from rear space line to closest face of mobile home, and a 20 feet side yard separation between mobile homes. All accessory structures shall have a 25 feet yard on all sides except garages which shall have the same yard requirements for mobile homes.
8.	Except for Lots of Record created in an R-2 district prior to January 14, 2013, which shall require a minimum lot area of 8,000 square feet and a minimum width of 75 feet for two-family dwellings.
9.	Maximum density calculation for applicable residential districts shall be exclusive of public or private rights-of-way and/or easement for ingress and egress.
10.	Setbacks on private streets in townhome developments shall be measured from the face of structure to the back of curb or back of sidewalk, whichever is closer. However, in multiple-family developments, setbacks on private streets shall be the same as those required on public streets.
11.	Where regulated, perimeter setbacks shall apply to property lines on the perimeter of the development and/or to right-of-way lines for public streets whether abutting or internal to the development. Internal setbacks shall apply to all property lines that are not required to meet perimeter setback requirements.

(Subsection 6 – Ord. 2024-1000 – Jan. 25 Supp.)

7. Off-Street Parking. Off-street parking shall be provided as required by Section 165.18 for all residential districts. In addition, the following requirements shall apply:

(Ord. 2022-2600 – Feb. 23 Supp.)

C. Carports shall not be considered as an acceptable enclosed garage or garage area.

D. In the R-2A District, each villa or rowhome shall have a two-car garage attached to the individual dwelling unit. Detached garage structures serving multiple dwelling units shall not be permitted.

(Paragraph D – Ord. 2024-1000 – Jan. 25 Supp.)

8. Site Plans. Site plans shall be required for all uses in all residential districts except single family and duplex family residential dwellings. See Chapter 157 for Site Plan requirements.

10. Architectural Design Standards. Architectural Standards shall be required in conformance with the provisions of Section 157.09 of this Code of Ordinances.

11. Open Space Requirements. Open space requirements shall be required in conformance with Section 165.06, Subsection 11, of this chapter.

12. Landscape, Planting and Screening. Open space planting, parking area landscaping buffer screening with easements shall be required in accordance with Section 165.19 of this chapter.