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Price City Zoning Code

CHAPTER 18

20 RESIDENTIAL AND MULTIPLE RESIDENTIAL DISTRICTS

18.20.010: PURPOSE:

These districts are intended to be primarily residential in character and protected from encroachment by commercial, agricultural and industrial uses.
   A.   To promote and preserve the keeping of limited numbers of domestic animals, no farm animals, and low residential density.
   B.   R1-12: To provide areas for low density, single-family residential neighborhoods of spacious and uncrowded character.
   C.   R1-8: To provide areas for medium and low density, single- family residential neighborhoods.
   D.   R1-6: To provide areas for medium low density, single- family residential neighborhoods.
   E.   R2-7: To provide areas for medium residential density with opportunity for varied housing styles and character.
   F.   R2-11: To provide areas for high residential density with opportunity for varied housing styles and character.
   G.   R1-43: To provide areas of low density. The keeping of limited numbers of animals and maintaining areas of crops, horticulture and large gardens.
   H.   Residential estate district, RE: See section 18.20.140 of this chapter. (Ord. 2008-002, 2008; amd. Ord. 2010-001, 2010)

18.20.020: CODES AND SYMBOLS:

In the following sections of this chapter, uses of land or buildings which are allowed in various districts are shown as "permitted uses" indicated by a "P" in the appropriate column, or as "conditional uses" indicated by a "C" in the appropriate column. If a use is not allowed in a given district, it is either not named in the use list or it is indicated in the appropriate column by a dash "-". If a regulation applies in a given district, it is indicated in the appropriate column by a numeral to show the linear or square feet required, or by the letter "A". If the regulation does not apply, it is indicated in the appropriate column by a dash "-". "ADM" indicates the assignment of the approval to administration under the direction of the zoning administrator. (Ord. 2009-003, 2009)

18.20.030: USE REGULATIONS:

No building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained in the rural residential district, single-family residential district or multiple residential district, except as provided in this title (see chart below):
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
Accessory uses:
 
 
 
 
 
 
Accessory buildings and uses customarily incidental to permitted uses, other than those listed below
P
P
P
P
P
P
Accessory buildings and uses customarily incidental to permitted uses and farm uses that may be used for the housing of equipment, supplies, animals, fish or fowl, shall be located at least 100 feet from a dwelling or public street
P
-
-
-
-
-
Accessory buildings and uses customarily incidental to conditional uses
C
C
C
C
C
C
Residential sized wind electricity generators, commonly referred to as small wind or microwind and solar generation installations
C
C
C
C
C
C
Swimming pool
C
C
C
C
C
C
Temporary buildings (facilities, dumpsters, storage containers, etc.) for uses incidental to construction work, including living quarters for guard or night watchman, which building must be removed upon completion or abandonment of the construction work. Mobile homes for temporary living quarters and such other temporary uses found appropriate to the planning commission and approved by the governing body
C
C
C
C
C
C
Agriculture and forestry:
 
 
 
 
 
 
Agriculture business or industry
C
-
-
-
-
-
Agriculture, including raising limited numbers of animals, fowl or fish; raising of crops, horticulture and gardening
P
-
-
-
-
-
Apiary or aviary
C
-
-
-
-
-
Child daycare, nursery or preschool
C
C
C
C
C
C
Fruit or vegetable stand
C
-
-
-
-
-
Household pets
P
P
P
P
P
P
The tilling of the soil, the raising of crops, horticulture and gardening
P
P
P
P
P
P
Residential:
 
 
 
 
 
 
Single-family dwelling
P
P
P
P
P
P
Two-family dwelling
C
-
-
-
C
C
Three-family dwelling
C
-
-
-
C
C
Four-family dwelling
C
-
-
-
C
C
Multiple-family dwelling
C
-
-
-
C
C
Dormitories
-
-
-
-
-
-
Groups of dwellings (including twin homes, etc.), when approved as a planned unit development
C
C
C
C
C
C
A corner lot requires 2 front yards, 1 side and 1 rear yard
A
A
A
A
A
A
Residential facilities (group homes) for the disabled, elderly and youth rehabilitation, provided they are separated at least 3/4 mile from another similar facility
C
C
C
C
C
C
Student housing
-
-
-
-
C
C
Accessory dwellings
C
C
C
C
C
C
Temporary, not to exceed 1 year, shipping/storage containers and truck trailers/boxes and other nonpermitted storage uses
-
-
-
-
-
-
Temporary street festivals, block parties, events, street markets
C/
ADM
C/
ADM
C/
ADM
C/
ADM
C/
ADM
C/
ADM
Temporary or permanent sidewalk vending operations
-
-
-
-
-
-
Home operated business
C
C
C
C
C
C
Home occupied business; office use only
ADM
ADM
ADM
ADM
ADM
ADM
Hospital; medical or dental clinic accessory to a hospital and located on the same or near the premises
-
-
-
-
C
C
Manufactured and modular home (single home - various widths); no mobile homes
C
C
C
C
C
C
Manufactured, modular, mobile home parks and subdivisions (see section 18.14.050 of this title)
C
C
C
C
C
C
Private educational institution having a curriculum similar to that ordinarily given in public schools
C
-
-
-
C
C
Private recreational grounds and facilities, not open to the general public, and to which admission charge is made
C
C
C
C
C
C
Professional offices when harmonious with the general character of the district where located
C
C
C
C
C
C
Public and quasi-public buildings and uses (cemeteries, parks, churches, essential service facilities, golf courses, substations or transmission lines 50 kV or greater capacity, recreation facilities, schools, public and private streets, railroad and utility lines, rights of way and parking)
C
C
C
C
C
C
Land excavations and backfilling for building, foundations, mass grading, 100-year mapped floodplains and new developments
C
C
C
C
C
C
Subdivisions
C
C
C
C
C
C
Planned unit developments
C
C
C
C
C
C
Recreational vehicle storage (parking)
C
C
C
C
C
C
 
(Ord. 2008-002, 2008; amd. Ord. 2009-003, 2009; Ord. 2010-001, 2010)

18.20.040: AREA REGULATIONS:

 
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The minimum lot area in square feet for a single-family dwelling structure in the district regulated by this chapter shall be:
43,560
12,000
8,000
6,000
7,000
11,000
The additional lot area in square feet for each additional dwelling unit in a dwelling structure shall be:
-
-
-
-
6,000
1,000
Minimum lot area in square feet for all main uses or buildings, other than residential dwellings, shall be:
5,000
5,000
5,000
5,000
5,000
5,000
 
(Ord. 2008-002, 2008)

18.20.050: WIDTH REGULATIONS:

 
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The minimum width in feet for any lot at the building setback line, except as modified by planned unit development, shall be:
200
90
75
60
65
70
 
(Ord. 2008-002, 2008)

18.20.060: FRONTAGE REGULATIONS:

 
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The minimum width of any lot at the street right of way line in feet, except as modified by conditional use permit, shall be:
60
45
40
40
45
45
 
(Ord. 2008-002, 2008)

18.20.070: FRONT YARD REGULATIONS:

Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The minimum depth in feet for the front yard for main buildings in districts regulated by this chapter shall be from the property line or street right of way line to the main foundation wall of the dwelling or building:
30
30
30
25
25
25
Or the average of the existing building setbacks on the block where 50 percent or more of the frontage is developed; however, in no case shall be less than:
30
25
25
20
20
20
Or be required to be more than:
30
30
30
25
25
25
The roof overhang in feet shall not be more than:
3
3
3
3
3
3
Covered front porches may extend beyond the building foundation wall up to 10 feet, providing they are open on at least 3 sides and may not be enclosed by screen or grates
A
A
A
A
A
A
Accessory buildings may have the same minimum front yard depth as main buildings if they have the same side yard required for main buildings; otherwise they shall be set back the following number of feet from the rear of the main building
4
4
4
4
4
4
On corner lots, main buildings shall have 2 front yards, 1 rear yard, and 1 side yard
A
A
A
A
A
A
 
(Ord. 2008-002, 2008; amd. Ord. 2009-003, 2009)

18.20.080: REAR YARD REGULATIONS:

 
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The minimum depth in feet for the rear yard in the districts regulated by this chapter (see also section 1.29) shall be:
50
50
30
20
20
20
Accessory buildings may have a minimum setback of 1 foot; provided, that all drainage from them stays on the lot. If there is less than 10 feet distance to another accessory building on an adjacent lot, the construction shall consist of fire resistive materials
A
A
A
A
A
A
On corner lots which rear on a side yard of another lot, accessory buildings may have a minimum setback of 1 foot; provided, that all drainage from them stays on the lot. If there is less than 10 feet distance to another accessory building on an adjacent lot, the construction shall consist of fire resistive materials
A
A
A
A
A
A
 
(Ord. 2008-002, 2008)

18.20.090: SIDE YARD REGULATIONS:

Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The minimum side yard in feet for any dwelling in districts regulated by this chapter shall be:
15
10
8
6
6
6
The total width of the 2 required side yards in feet shall be:
30
24
18
16
18
18
Except that in no case shall the total width of the 2 side yards be less than the height of the building
A
A
A
A
A
A
Other main buildings (not residential) shall have a minimum side yard in feet of:
20
20
15
15
20
20
The total width of the 2 required side yards in feet shall be:
25
40
35
35
45
45
The minimum side yard in feet for an accessory building shall be:
10
10
6
6
6
6
Accessory buildings may have a minimum setback of 1 foot; provided, that all drainage from them stays on the lot. If there is less than 10 feet distance to another accessory building on an adjacent lot, the construction shall consist of fire resistive materials
A
A
A
A
A
A
Provided, that no accessory buildings shall be located in feet closer to a dwelling on an adjacent lot than 10 feet
10
10
10
10
10
10
On corner lots, main buildings shall have 2 front yards and 1 rear yard, and 1 side yard
A
A
A
A
A
A
The side yard for a corner lot in feet shall not be less than:
15
10
8
6
6
6
Carports not wider nor longer than the main building; with the front open and the side and rear sides open at least 50 percent; not more than 1 story in height; firmly anchored and attached to the main building and constructed of fire resistant materials; may extend no closer than 1 foot from the side property line, with all drainage falling on the property; there is no carport next to it on the adjacent lot; and there is at least 7 feet distance to the nearest dwelling or accessory building on the adjacent lot
A
A
A
A
A
A
 
(Ord. 2008-002, 2008)

18.20.100: HEIGHT REGULATIONS:

 
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The maximum height for all buildings and structures in districts regulated by this chapter shall be 35 feet or 21/2 stories
A
A
A
A
A
A
 
(Ord. 2008-002, 2008)

18.20.110: COVERAGE REGULATIONS:

 
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The maximum coverage in percent for any lot in the districts regulated by this chapter shall be:
20
30
35
35
35
50
 
(Ord. 2008-002, 2008)

18.20.120: DEPTH REGULATIONS:

 
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
The minimum depth of a lot in feet in districts regulated by this chapter, except as may be modified by conditional use permit, shall be:
150
130
100
95
95
95
 
(Ord. 2008-002, 2008)

18.20.130: IMPROVEMENTS REQUIRED TO BE COMPLETED OR IN PROGRESS BEFORE BUILDING PERMIT MAY BE ISSUED FOR NEW MAIN BUILDING:

Improvements are to be in compliance with standards adopted by the municipality. Exception: Does not apply to garages, carports, additions, remodels or accessory improvements.
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
Zoning Districts Applicability
R1-43
R1-12
R1-8
R1-6
R2-7
R2-11
Address numbers
A
A
A
A
A
A
Culinary water facilities
A
A
A
A
A
A
Curb and gutter
A
A
A
A
A
A
Firefighting facilities; fire hydrants
A
A
A
A
A
A
Public utilities (power, gas, telephone, cable TV, etc.)
A
A
A
A
A
A
Sidewalk
A
A
A
A
A
A
Street base
A
A
A
A
A
A
Street grading
A
A
A
A
A
A
Street monuments
A
A
A
A
A
A
Street name signs/traffic control
A
A
A
A
A
A
Street paving
A
A
A
A
A
A
Streetlights
A
A
A
A
A
A
Surface drainage facilities/flood control
A
A
A
A
A
A
Survey monument boxes
A
A
A
A
A
A
Wastewater disposal facilities; sewer
A
A
A
A
A
A
 
(Ord. 2008-002, 2008)

18.20.140: RESIDENTIAL ESTATE DISTRICT, RE:

   A.   Objectives And Characteristics: The objective in establishing the residential estate district, RE, is to encourage the creation and maintenance of a residential environment within an area which is characterized by large lots (minimum of one acre) on which single-family dwellings are situated, surrounded by settings in which the predevelopment natural character of the landscape is retained. Native plant species, wildlife habitats, low water consumptive landscapes, minimum vehicular traffic, private lanes connected to public streets, featured or gated entries, building products produced from natural materials, and quiet residential conditions are also characteristic of this zone. While much of this zone is currently devoted to open land uses, it is intended that the land shall be developed into residential uses as the needs arise, having characteristics as herein above set forth. The minimum area for an RE district shall be ten (10) acres. Representative of the uses within the RE district are one-family dwellings, caretaker cottages (not to exceed one per lot), parks and playgrounds. Boarding and lodging houses, two-family dwellings, triplexes, apartment houses and other multiple dwellings representative of higher density residential areas are strictly prohibited in this zone. Commercial and industrial uses are strictly prohibited. In order to accomplish the objectives and purpose of this chapter, and to promote the characteristics of this zone, the following precise regulations shall apply to the residential estate district, RE.
   B.   Permitted Uses: The following uses shall be permitted in the residential estate district, RE:
      Keeping of animals and fowl, as an accessory use to a single-family dwelling, limited to the following:
      1.   Two (2) large animals per lot and one additional large animal for each ten thousand (10,000) square feet over one acre. Large animals may include horses, cattle, goats, sheep or other animals determined by the planning and zoning commission to be compatible with this zone.
      2.   Not more than twenty (20) poultry or rabbits shall be kept on any lot.
         One-family dwellings and accessory buildings and structures; including guesthouses (not to exceed 1,200 square feet) and subject to the setback requirements of one-family dwellings, private garage and/or barn.
         Planned unit developments approved per this title.
         Residential facility for persons with a disability, not to exceed four (4) residents.
   C.   Conditional Uses:
      Fire stations as a conditional use shall be considered in the RE residential zone.
   D.   Area Requirements: An area of not less than one acre (43,560 square feet) shall be provided and maintained for each dwelling and uses accessory thereto.
   E.   Width Requirements: The minimum width of any building site for a dwelling shall be one hundred fifty (150) linear feet.
   F.   Building Setback Requirements:
      1.   Side Setback: A minimum side yard of any building shall be twenty feet (20'), and the total width of the two (2) required side yards shall be not less than forty feet (40'). On corner lots, the side yard which faces on a street shall be not less than thirty feet (30') for any building.
      2.   Front Setbacks: The minimum depth of the front yard for main buildings and for private garages which have a minimum side yard of twenty feet (20') shall be thirty five feet (35'). Other private garages and all accessory buildings other than private garages shall be located at least six feet (6') in the rear of the main building.
      3.   Rear Setbacks: The minimum rear yard for any main building shall be thirty feet (30').
   G.   Building Height Requirements: The maximum height of any building shall be two (2) stories aboveground, not to exceed thirty five feet (35').
   H.   Building Size Requirements: The ground floor area of any one-family main dwelling shall not be less than one thousand two hundred fifty (1,250) square feet, exclusive of open porches and carports.
   I.   Special Provisions:
      1.   All special provisions in R-1 residential zone.
      2.   Variations from development standards of other residential zones may be permitted by the city council as part of the approval of this zone. Variations shall not include changes in the permitted uses allowed, except to the extent set forth herein.
      3.   The minimum area required for residential estate district is ten (10) acres.
      4.   All streets within a residential estate district shall meet with city engineering standards. Streets adjacent to a residential estate district and master planned arterial and collectors shall be fully improved with curb, gutter and sidewalk in accordance with city engineering standards.
      5.   The residential estate district is designed to be in areas where the generally uniform slope is five percent (5%) or less and therefore, would not require curb, gutter and sidewalks along public streets. Areas with slopes greater than five percent (5%) will be permitted with fully improved streets (curb, gutter and sidewalk) or as a PUD. Public streets shall have a minimum of one hard surfaced sidewalk or footpath per street.
      6.   Areas used for animals shall be maintained so as to conform with health, sanitation, water and drainage requirements, or other conditions set forth by the planning and zoning commission and city council.
   J.   Supplementary Development Standards: See chapter 18.32, "Supplementary Development Standards", of this title. (Ord. 2008-002, 2008)

18.20.150: IMPROVEMENTS COMPLETION:

The improvements in sections 18.20.130 and 18.20.140 of this chapter shall be completed and guaranteed through a development agreement or other financial surety for a period of not less than one year from the date of substantial completion. Said improvements installed within the approved public right of way, city property and/or easements shall be dedicated to the city for continued ownership, maintenance and operation. Exceptions to the development agreement shall be indicated in the conditional use permit. (Ord. 2008-002, 2008)

18.20.160: BUSINESSES PROHIBITED:

   A.   It shall be unlawful for any person, firm or corporation, to establish, conduct, operate or maintain, or cause or permit to be established, operated or maintained within the designated residential district of the city, any brick yard or brick kiln, garage, undertaking parlor, or any other business which may tend to disturb the peace and quiet of the neighborhood, or endanger its health, safety or welfare.
   B.   It shall be unlawful for any person, firm or corporation to establish, conduct, operate or maintain, or cause or permit to be established, operated or maintained within said residential district, or within one thousand five hundred feet (1,500') of the boundaries thereof, any circuses, carnivals, exhibitions of showmen, transient exhibitions featuring mechanical rides or amusements or traveling shows, unless expressly permitted by the city council upon recommendation of the planning and zoning commission. (Ord. 2008-002, 2008)

18.20.170: ACCESSORY DWELLINGS:

   A.   Purpose: The purpose of this section is to establish use and development regulations for accessory dwelling units (ADU). These regulations are adopted for the following purposes:
      1.   To allow city residents to house elderly parents, disabled relatives and other family members under conditions where those family members can enjoy a degree of independence while also having assistance readily available when needed.
      2.   To accommodate such housing in single-family residential neighborhoods with minimal impacts on the neighborhood in terms of traffic, noise, parking, congestion, and compatible scale and appearance of residential buildings.
      3.   To prevent the proliferation of rental dwellings, absentee ownership, property disinvestment, building code violations, and associated decline in quality of single-family residential neighborhoods.
      4.   To establish uniform standards for ADUs.
   B.   Scope: The requirements of this section shall apply to any ADU within the city. Such requirements shall not be constructed to prohibit or limit other applicable provisions of this title, and other laws. An ADU that conforms to the development standards of subsection C of this section shall be subject to a conditional use permit in all residential zones.
   C.   Development Standards; Permitted Use: The development standards set forth in this section shall apply to any ADU allowed as a conditional use:
      1.   Location: An accessory dwelling unit (ADU) shall be allowed only within or attached to an owner occupied single- family dwelling. In addition, an ADU shall not be allowed on a lot or parcel which fronts onto a street (whether a public or private street) which has a paved roadway less than thirty feet (30') wide.
      2.   Number Of Accessory Dwelling Units And/Or Guesthouses: A maximum of one ADU shall be allowed within or attached to each owner occupied single-family dwelling. No lot or parcel shall simultaneously include an ADU and a guesthouse.
      3.   Parking: A single-family dwelling with an ADU shall provide at least three (3) off street parking stalls conforming with the city parking standards specified elsewhere in this title. No more than two (2) parking stalls shall be within the side or rear yard setbacks adjacent to a street. No parking for the ADU shall be allowed within the front yard setback area. Parking stalls shall be paved with concrete, masonry or concrete pavers. Gravel parking stalls or driveways may be allowed at the discretion of the zoning administrator; provided, that the structure to be used as an ADU was in existence at the time of adoption hereof, the structure was accessed or served by a gravel driveway and/or parking stalls at the time of adoption hereof, and the surface is sufficient to allow for access by public safety vehicles.
      4.   Utility Metering: No separate utility metering for the ADU shall be allowed, and the utility service shall be in the property owner's name.
      5.   Minimum And Maximum Size Of Accessory Dwelling Unit: An ADU shall not be larger than the single-family dwelling to which it is accessory. An ADU is not subject to other minimum or maximum square footage requirements; provided, that dimensions and sizes of living areas, kitchen areas, sleeping areas and bathroom facilities shall comply with applicable provisions of the international building code and the international housing code as may be adopted by the city.
      6.   Construction Codes: An ADU shall comply with the construction housing codes in effect at the time the ADU is constructed, created as a separate dwelling, or subsequently remodeled. This shall include the obtaining of a building or other permits as the codes may require.
      7.   Building Entrances: An ADU that is added on to an existing single-family dwelling or is part of an approved new single- family dwelling shall not have a separate entrance, the sole purpose of which is to provide access to the ADU at the front or side of the building facing a street.
      8.   Architecture: An ADU that is added on to an existing single-family dwelling or a new single-family dwelling that is designed to accommodate an ADU shall not resemble a multi- family structure in terms of the scattered placement of garage doors, carports, or number or location of outside entries or porches. The architectural design and materials of an addition for an ADU shall match the existing single-family dwelling so that the addition appears to be part of the original building.
      9.   Access Between Units: An unrestricted passage shall exist between an ADU and the principal single-family dwelling in which it is located. Use of such passage shall not require going out of doors, using a key, or passing through a garage or unfinished part of the dwelling.
      10.   Compensation: The property owner shall not charge any rent or other form of compensation for the use of the ADU by any occupant thereof.
   D.   Conditional Use: If a proposed ADU does not satisfy the requirements set forth in subsection C of this section, no additional dwelling may be created unless a conditional use permit for a second dwelling has been approved in accordance with city regulations regarding the establishment of a second dwelling unit on property ordinarily restricted to only one dwelling unit.
   E.   Notice: Upon approval of an accessory dwelling unit permit by the city, the owner of the property where the ADU is located shall execute a notice of accessory dwelling unit approval. Such notice shall define the approved use and any restrictions or conditions of approval. The city shall record the notice with the county recorder. (Ord. 2008-002, 2008)