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Riverdale City Zoning Code

CHAPTER 14

REGULATIONS APPLICABLE TO ALL ZONES

10-14-1: - APPLICABILITY:

The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations contained elsewhere in this title.

(1985 Code § 19-3-1)

10-14-2: - USE REGULATIONS:

The requirements of this title as to minimum site development standards shall not be construed to prevent a use as permitted in a respective zone of any parcel of land in the event such parcel was held in separate ownership prior to the effective date hereof. Each such parcel to be developed must have not less than sixteen feet (16') of frontage on a street, or as approved by the board of adjustment, and the density of development may not exceed that permitted by area requirements in the respective zone.

(1985 Code § 19-3-2)

10-14-3: - MAIN BUILDING REGULATIONS:

Every main building shall be located and maintained on a "lot", as defined in section10-2-2 of this title, and every lot shall have required frontage on a "street", as defined in section 10-2-2 of this title, except as follows:

A.

Where a parcel of land was in separate ownership prior to the effective date hereof, as described in section10-14-2 of this chapter; and

B.

Where under special circumstances of design of a parcel of land, the board of adjustment approves a variance to create a lot which may or may not have the required frontage as provided for in this title. Under no circumstances may the frontage be less than sixteen feet (16') or as approved by the board of adjustment.

(1985 Code § 19-3-3)

10-14-4: - YARD REGULATIONS:

A.

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.

B.

On any lot under a separate ownership from adjacent lots and of record at the time of the initial enactment of this title and such lot having a smaller width than required for the zone in which it is located, the following regulations shall apply:

1.

For interior lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the smaller of the two (2) side yards be less than five feet (5') or the larger less than eight feet (8').

2.

On corner lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the side yard on the street side be less than fifteen feet (15') in R-1-10, R-1-8, R-1-6, R-2 and R-3 zones, or less than ten feet (10') in R-4 and R-5 zones, and the other side yard shall be not less than five feet (5') in all residential zones.

C.

On any interior lot where a private attached garage containing a sufficient number of parking spaces to meet the requirements of this title has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard.

D.

Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and other ornamental features.

E.

Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, may project into a yard not more than five feet (5'), and the ordinary projections of chimneys and flues are permitted.

F.

No accessory building nor group of accessory buildings in any residential zone shall cover more than twenty-five percent (25%) of the rear yard.

G.

Detached garage or accessory building that is placed a minimum of six feet (6') behind the main dwelling and that has an area greater than two hundred (200) square feet shall not be located closer than two feet (2') to the side and rear property line. The two feet (2') includes the wall and/or roof eave.

H.

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be conveyed away from such lot or building, except as permitted by the board of adjustment, and any attempted conveyance or lease in violation hereof shall be void.

I.

No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the board of adjustment.

J.

One zero side yard may be permitted when approved by the planning commission and city council, and only if the following requirements are met:

1.

The remaining one side yard is equal to the combined total of the required two (2) side yards of the zone in which it is located for all parallel side zero lot lines. The remaining side yard for all (duplex-type) alternate side zero lot lines may be reduced to a minimum of not less than ten feet (10'); provided, that the lot adjacent to it is also built as a duplex-type zero lot line or conventional single-family home;

2.

No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard;

3.

No zero side yard will be permitted on the lot side bordering on a nonresidential zone or on a residential lot not utilizing zero side yard provisions;

4.

Use of the zero side yard provision is contingent upon development of or commitment to development of a zero side yard on an adjoining lot.

K.

Utility substations, communication towers and dishes, water tanks, water well and pump buildings, sewer lift stations, electric transformers, power and telephone poles/towers, water reservoirs, and structures which house equipment for utilities and communications which serve the general public and are of a public utility nature, are allowed only as a conditional use in any zone.

L.

When a patio roof cover is attached to a dwelling in the rear yard, the edge of the roof shall not be located closer than twenty feet (20') to the rear property line; and the roofline of the patio roof cover cannot exceed the height of the existing roofline of the dwelling. Any attached patio roof that is located closer than twenty-five feet (25') to the rear property lot line shall not be enclosed with walls in any manner so as to make the patio interior habitable space.

M.

Zoning regulations pertaining to minimum lot area, minimum lot width, minimum yard setback and required frontage on a street shall be determined by the planning commission's approval of the site development plan, but shall not adversely affect the adjacent property.

(1985 Code § 19-3-4; amd. Ord. 577, 5-24-2000; Ord. 772, 10-19-2010; Ord. 937, 8-17-2021)

10-14-5: - HEIGHT REGULATIONS:

A.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks and water tanks, wireless or television masts, theater lofts, silos or similar structures may be erected above the height limits prescribed in the zone height regulations, but no space above the height limit shall be allowed for the purpose of providing additional floor space, and no heights are permitted above the maximum allowed under airport area height provisions. Prior to the construction or erection of flagpoles, towers, wireless or television masts (not including typical roof TV antennas) and any similar structure over thirty-five feet (35') in total height, including any supporting structures in or adjacent to any residential zone, a conditional use permit must be applied for and reviewed and approved by the planning commission and city council.

B.

No dwelling shall be erected to a height less than ten feet (10'), and no accessory building in a residential zone shall be erected to a height greater than twenty feet (20'), nor greater than one thousand (1,000) square feet in area unless the residential lot has a minimum lot area of forty thousand (40,000) square feet, then the accessory building shall not exceed two thousand five hundred (2,500) square feet and shall not exceed twenty-five feet (25') in height to the peak of the roof. All accessory buildings may only be built to include no more than one-story, with an exception for the addition of a mezzanine level in the accessory buildings.

(Ord. 823, 12-4-2012; amd. Ord. 926, 10-20-2020)

10-14-6: - WATER SUPPLY; SEWAGE DISPOSAL:

Domestic water supply and sewage disposal shall comply with the Weber County health department requirements in all applications for a building permit where either an approved supply of piped water under pressure, or a sewer, is not available.

(1985 Code § 19-3-7)

10-14-7: - FENCE HEIGHT; OBSTRUCTION OF VIEW:

A.

Purpose:

1.

Fences, walls, hedges, trees, bushes or other obstructions serve properties by providing privacy and security, define private space and enhance the design of individual sites. Fences also affect the public by impacting the visual image of the streetscape and the overall character of neighborhoods.

The purpose of these regulations is to achieve a balance between the private concerns for privacy and site design and public concerns for enhancement of the community appearance, and to ensure the provision of adequate light, air and public safety.

B.

Fence Regulations:

1.

Permit Required: In all cases, a permit is required from the community development department.

2.

Front Yards (from the Front Setback Line of the Zone to the Front Property Line):

a.

Fences or other similar structures, walls, hedges, trees, or bushes shall not exceed four feet (4') in height except as regulated in the sight triangle area requirements. See subsection C1, "Sight Triangle Area", of this section.

3.

Interior Lots, Rear and Side Yards (Behind the Front Setback Line of the Zone to the Rear Property Line):

a.

Fences or other similar structures, walls, or hedges can be erected up to a height of six feet (6'). Any fence over six feet (6') up to a maximum height of seven feet (7') must have engineering by the contractor installing the fence or from the supplier of the fencing materials.

4.

Corner Side Yards:

a.

On corner lots, the side yard adjacent to the street may have a fence, wall, or hedge that is allowed up to a height of six feet (6'). All fences may be placed on the edge (private property side) of the sidewalk.

b.

Sight triangle area requirements must be met in all cases.

5.

Access:

a.

No fences, whether of wood, metal, masonry or concrete, nor other obstruction, including shrubbery (hedges, trees, bushes), nor any combination of materials, shall be erected or maintained which blocks the access from a front yard through both sides to the rear yard unless a gate approved by the community development director is installed in at least one side.

6.

Retaining Wall:

a.

Where a retaining wall protects a cut below or a fill above the natural grade and is located on the separating lots, such retaining walls may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at that location if no retaining wall existed.

7.

Maintained:

a.

All fences and retaining walls must be maintained in a state of good repair. Hedges and bushes must be kept trimmed and maintained not to exceed height of fence regulated at that location on the property.

8.

Location:

a.

All fences, walls or hedges shall be erected entirely within the property lines of the property they are intending to serve, except all fences shall be allowed to be placed against the edge (private property side) of the sidewalk.

9.

Exceptions:

a.

Fences required by state law to surround or enclose public utility installations, public schools or other public buildings.

b.

Fences for uses such as tennis or sports courts which may be a maximum of fifteen feet (15') high if the fence meets all of the required setbacks for an accessory building in the zone in which it is located.

C.

Obstruction of View:

1.

Sight Triangle Area:

a.

Defined as that portion of a corner lot lying within a triangle area formed by measuring back along the property lines adjacent to the intersecting streets to a point on each property line twenty feet (20') from the intersection of said property lines and then connecting the two (2) points and continuing through the park strip, curb and gutter to the edge of the street line where the gutter meets with the asphalt or if there is not a curb and gutter to the street edge thus establishing a third line.

2.

Maintenance in Sight Triangle Area:

a.

It shall be unlawful for the owner, occupant or person in control of any corner lot in the city to erect, maintain or permit to grow any obstruction to the view of drivers of motor vehicles over a height of three feet (3') and all trees shall be trimmed so that no foliage hangs down closer than seven feet (7') to the ground within the "sight triangle area" of said lot, as defined in subsection C1a of this section.

3.

Park Strips:

a.

Only trees listed on the public works department's list of approved trees may be planted in the park strip and a permit must be obtained from the public works department before said trees may be planted.

D.

Violations:

1.

The mayor or his appointee shall have the authority to order removal of any tree, plant, shrub, fence or other object that violates the provisions of this section.

(Ord. 692, 11-7-2007; Ord. 854, 5-6-2014)

10-14-8: - LIGHTING:

No spotlight or floodlight shall be installed in any way which will permit the direct rays of such light to penetrate into any residential zone or onto any property used for residential purpose.

(1985 Code § 19-3-9)

10-14-9: - PRIVATE PARK, PLAYGROUND OR RECREATIONAL AREA:

In all residential zones, a private park, playground or recreational area, with or without a swimming pool, shall meet the following requirements:

A.

Ownership: The lands and facilities used for such purpose shall be owned or leased and operated by a nonprofit corporation for the exclusive benefit of the members, their immediate families and nonpaying guests.

B.

Restrooms; Sanitary Facilities: Adequate restrooms and sanitary facilities shall be provided and kept available for use by members, their families and guests, and shall be maintained in proper working order and in a clean and sanitary condition and in full compliance with the reasonable standards, rules and regulations established by the Weber County health department.

C.

Parking: Twenty-five (25) off street parking spaces, or one off street parking space for each four (4) memberships in the operating corporation, whichever is greater, shall be provided on the lot devoted to the principal use.

D.

Hours Regulated: Operation or use of the recreational facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. next following.

E.

Setbacks: All facilities, equipment and buildings shall be set back not less than twenty feet (20') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any such main building is in existence.

F.

Lot Size: The minimum size of the lot or site used for such recreational or other purposes shall be one acre.

G.

Lighting: Any lights used to illuminate the premises shall be installed in such manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.

(1985 Code § 19-3-10)

10-14-10: - PUBLIC UTILITY SUBSTATIONS:

In all residential zones, public utility substations shall meet the following requirements:

A.

Lot Size: Each public utility substation in a residential zone shall be located on a lot not less than two thousand (2,000) square feet in area.

B.

Yard Requirements: Each public utility substation in a residential zone shall be provided with a yard on each of the four (4) sides of the building not less than five feet (5') in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards and rear yard shall equal those required for a single-family residence in the same zone.

C.

Access: Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley or easement.

D.

Location Subject to Approval: The location of a public utility substation in a residential zone shall be subject to approval by the planning commission.

(1985 Code § 19-3-11)

10-14-11: - SWIMMING POOL, SWIM SPA AND HOT TUB, FAMILY:

A family above or in ground swimming pool, swim spa and hot tub shall be permitted in the rear yard of a dwelling as an accessory use, provided the following requirements are met:

A.

Location: The location of such family swimming pool, swim spa, hot tub or accessory machinery shall not be less than five feet (5') from any interior property line, as measured to the water's edge, or if an easement exists on the property the pool, spa or tub must be completely off the easement. On corner lots, the distance from said pool to the property line facing on a street shall not be less than the required side yard for an accessory building in that zone.

B.

Enclosure; Lighting: An outside family swimming pool shall be completely enclosed by a substantial fence of not less than six feet (6') in height and any lights used to illuminate said pool or its accessories shall be so arranged as to reflect the light away from the adjoining premises.

C.

Pool Covers: In addition to the setback and fencing requirements set forth herein, it is strongly recommended that pool owners utilize pool covers that comply with the most current personal liability insurance standards.

D.

Side Yard Location: If a property has sufficient side yard to accommodate a pool, spa or hot tub in meeting all of the above requirements while also maintaining the required side yard setback (from property line to any portion of the structure) for the zone it is located in, then the pool, spa or hot tub may be located in the side yard.

(Ord. 818, 10-2-2012; Ord. 912, 9-17-2019)

10-14-12: - NONRESIDENTIAL AND RESIDENTIAL DEVELOPMENT LANDSCAPE REQUIREMENTS:

A.

Residential: All new and refurbished or remodeled single-family and two-family homes, apartments, condominiums and townhouses shall be required to improve and maintain, as landscape yards, the front, corner street side yard and park strip and install an appropriate permanent irrigation system, so that the landscaping will receive the appropriate amount of water in order to flourish in good health, before final approval or certificate of occupancy is issued. An escrow agreement with the City may be issued with a temporary certificate of occupancy which includes a time certain for installation of the landscaping and irrigation system by the owner/developer. Failure to install landscaping by the end of the next planting season (October of the following year) shall lead to forfeiture of the escrow funds and may lead to revocation of the temporary certificate of occupancy. Landscaping may include a combination of grass, plant cover and xeriscape. Also see Title 10, Chapter 28 for additional landscaping standards and requirements for residential developments.

B.

Nonresidential: All new or refurbished development in any nonresidential zone shall satisfy all of the following minimum landscape requirements, any other development standards or requirements notwithstanding: The planning commission shall require a combination of plant cover, xeriscape and other drought tolerant landscape features which will include plant material that can survive on low or minimal water usage and decorative hardscape which will enhance the look and feel of the property that is nonliving, including, but not limited to: water features, benches, planters, decorative walls, decorative ornaments, stamped concrete, small decorative rocks boulders, mulch, and decorative curbing.

1.

Refurbished Existing Developments: The refurbishing of any existing development that, in any manner whatsoever, is expanding, reducing or otherwise changing a building footprint, structure or parking lot, shall provide new landscaping equal to twenty percent (20%) of the new footprint of the expanded or reduced development area, no less than eighty-five percent (85%) of which shall be in the form of xeriscape and other drought tolerant landscape features including, but not limited to: water features, benches, planters, decorative walls, decorative ornaments, stamped concrete, small decorative rocks as well as boulders, mulch, and decorative curbing. Xeriscape and other drought tolerant landscape needing irrigation shall be required to use a properly designed drip irrigation system (no overhead spray) for the irrigation of plant materials on a separate zone for watering. In no case shall turf and lawn planting be allowed to exceed more than fifteen percent (15%) of the overall landscaping area. However, designated recreational areas are excluded from this turf and lawn planting requirement and any deviation from this requirement, due to the establishment of recreational areas, is subject to City Council approval.

a.

Landscaping Requirements: The landscaping requirement for refurbished existing developments may be satisfied under the conditions set forth below. Options A and B are preferred over option C. Option C shall only be permitted when options A and B cannot, in the determination of the planning commission, reasonably be accomplished by the developer/owner:

(1)

Option A: Landscaping on site or off site within the city;

(2)

Option B: Other beautification efforts of equal value, including, but not limited to, planters, hardscape, xeriscape, etc.;

(3)

Option C: Funds, equal in value to the required twenty percent (20%) landscaping as determined in the landscaping plan, contributed to the city to allow the city to install landscaping elsewhere within the city limits.

b.

Landscaping Plan: The developer/owner shall submit to the planning commission a landscape plan for the expansion, reduction or other changes of the building/development. The planning commission shall direct where and what type of landscaping, beautification or funds shall be allowed to satisfy this landscaping requirement.

2.

New Development: Twenty percent (20%) of all lot area, including parking areas, shall be landscaped, no less than eighty-five percent (85%) of which shall be in the form of xeriscape and other drought tolerant landscape features including, but not limited to: water features, benches, planters, decorative walls, decorative ornaments, stamped concrete, small decorative rocks as well as boulders, mulch, and decorative curbing. In no case shall turf and lawn planting be allowed to exceed more than fifteen percent (15%) of the overall landscaping area. However, designated recreational areas are excluded from this turf and lawn planting requirement and any deviation from this requirement, due to the establishment of recreational areas, is subject to City Council approval. At the planning commission recommendation, floodways (with an appropriate expert opinion), wetlands and undisturbed hillsides on the lot area may be counted for up to five percent (5%) of the required twenty percent (20%) as part of the landscape requirement, unless it is the determination of the planning commission that the landscaping in the area adds to the overall aesthetic value of the entire site, in such case, the allotted percentage credit may be increased. The following requirements shall be satisfied as part of any new development landscaping plan:

a.

Placement of decorative landscaping shall be required based on the size of the entire parking area, at a rough proportionality of the exterior/interior parking area. The proportions will be reviewed by the planning commission in regards to design.

b.

Landscape screening shall be required for parking or storage areas visible from any roadway. Said screening shall be in the form of a gentle berm. Berms shall be graded to appear as smooth, rounded, natural forms. All planting areas shall be protected to prevent damage by vehicles and vehicle overhang.

c.

At the planning commission recommendation, loading docks, dumpster areas or service areas visible from any roadway or residence, or abutting any residence or residential area shall be appropriately landscaped to reduce the impact to surrounding areas. Dumpsters shall be placed in the rear of the property or the most inconspicuous location on the site, in such a manner that it will still allow the area to be properly accessed and maintained.

d.

All areas not used for parking, drives or structures shall be landscaped. All areas along roadways shall be landscaped with landscape features that strengthen and enhance the aesthetic appeal of the development throughout and viewable from the roadway corridors.

e.

A minimum of two-inch (2") caliper trees shall be required as part of all landscape requirements. There shall be a minimum of one tree per five thousand (5,000) square feet of lot area, and not more than thirty-three percent (33%) of all newly planted trees may be of the same variety. All species of trees need approval from the planning commission. No trees are allowed to be planted within the park strip.

f.

Owners/developers shall enter into an escrow agreement with the city wherein the owner/developer shall deposit sufficient funds to ensure installation of the required landscape, which amount shall include an additional ten percent (10%) of the total amount required. The escrow agreement shall include a time certain for installation of the landscaping by the owner/developer. Upon default of the owner/developer of any of the conditions of this section, or the escrow agreement, the city shall receive the escrowed funds and use said funds to complete the required landscaping and appropriate irrigation system.

g.

Where any nonresidential development abuts any residence or residential area, the planning commission may require a landscape strip for said area and development. This may be separate from, and not be included in, the overall required percentage amount of landscape required for the specific area.

h.

The planning commission shall review the landscape site plan following the certification of the correct landscape ratios by the owner's/developer's engineer and after review of the certification by the city staff. A landscape plan shall accompany, or be a part of, the final site plan. The planning commission shall then forward its recommendations to the city council.

i.

It is the intent of this section to promote water conservation through proper plant selection, installation and maintenance practices. The following xeriscape principles shall serve as the primary means of achieving this goal:

(1)

Appropriate planning and design;

(2)

Limiting turf to locations where it provides functional benefits;

(3)

Efficient irrigation systems;

(4)

Use of soil amendments and mulches to improve water holding capacities;

(5)

Use of drought tolerant plants;

(6)

Decorative hardscape; and

(7)

Appropriate and timely maintenance.

j.

All areas landscaped with living plant material shall be serviced by an acceptable underground sprinkling or irrigation system. The establishment and continued operational use of smart watering irrigation systems are required for all underground sprinkling and landscaping irrigation systems. A WaterSense labeled smart irrigation controller, equipped with the appropriate rain delay feature, is required to be installed with the irrigation system.

k.

For xeriscape and nonliving ground cover landscaping, the following standards shall be utilized in establishing the landscaping and landscaping design:

(1)

The overall landscaping on the property enhances the visual environment by:

(A)

Adding visual interest through texture, color, size and shape, etc., and

(B)

Enhancing perspective by framing views complementing architecture, screening and creating points of interest and activity;

(2)

The design includes elements which work with existing topography and is designed in such a way as to make softened transitions from the landscaping of adjoining properties to the property in question;

(3)

Plant species that are a public nuisance or that cause excess litter shall be avoided;

(4)

The other aspects of waterwise design are included on the property which are:

(A)

An overall landscape design for the entire property,

(B)

Mulches are used in planting bed areas,

(C)

Turf areas are used in high use areas of the lot,

(D)

Plants are selected and installed which are appropriate for the physical condition of site specific locations, and

(E)

The landscaping is kept free of weeds and junk materials.

l.

The landowner, his successors and/or assigns, or agent, if any, shall be jointly and severally liable for the installation, regular maintenance and repair or replacement of any landscaping required by this section.

C.

General Maintenance: All landscaped areas, whether required or otherwise, shall be kept and maintained in accordance with all of the following standards:

1.

Landscaped areas shall be kept free of litter and debris.

2.

Landscaped areas shall be weeded on a regular basis.

3.

Trees and shrubs shall be pruned so as to avoid damage to other improvements, structures or utility lines.

4.

Dead branches or dead trees, shrubs or other plant materials are removed from the property.

5.

Lawns are mowed on a regular basis according to the growth habit of the type of turf grass used.

6.

All plant materials shall be adequately watered to maintain a healthy condition as by the typical color of the plant under normal growing conditions; provided that when water use restrictions are imposed by the city or applicable secondary water provider during times of drought, no violation shall occur as long as the owner or occupant is watering within such restrictions.

7.

Required trees, shrubs or other plant materials that have died and been removed shall be replaced.

(Ord. 885, 3-7-2017; amd. Ord. 939, 11-16-2021)

10-14-13: - PROPERTY LINE ADJUSTMENTS:

A.

A property line adjustment may be approved by the community development director, if the director determines that:

1.

No new lot, dwelling unit, or remnant parcel will result from the property line adjustment;

2.

All affected property owners have agreed to the property line adjustment through means of a recorded agreement and a survey suitable for recording; and

3.

The adjustment does not result in violation of applicable zoning requirements.

B.

The conveyance document for the property line adjustment shall recite the descriptions of both the original parcels or lots and the parcels or lots created by the adjustment or exchange of title, and be signed and acknowledged by the owners.

C.

If the community development director approves a property line adjustment, a letter of approval will be issued and may be recorded in the Weber County recorder's office.

D.

The city attorney shall review and approve the conveyance/adjustment documents for compliance with the requirements of state law.

(Ord. 761, 7-6-2010)

10-14-14: - INTERNAL ACCESSORY DWELLING UNITS (IADUS):

Internal accessory dwelling units (IADUs) are conditionally permitted in the following residential zones: A-1, A-2, RE-15, RE-20, R-1-10, and R-2 zones. Internal accessory dwelling units are not permitted or allowed in the following residential zones: R-1-8, R-1-6, R-1-4.5, R-3, R-4, R-5, and RMH-1 zones.

Internal accessory dwelling units may only be established within owner occupied homes, located within, underneath or above the primary single-family dwelling unit. Any conditionally permitted and approved internal accessory dwelling unit shall be incidental to the primary residential use and shall meet the following minimum standards:

All bedrooms shall have available a mode of window egress for residents occupying the primary residence and also a mode of window egress for residents occupying internal accessory dwelling unit bedrooms;

The internal accessory dwelling unit shall not change or alter in anyway the exterior appearance of the primary dwelling;

The internal accessory dwelling unit shall be designed with a secondary entrance in a manner that the primary dwelling appears visually and functionally as if it were a single-family dwelling without a rental unit;

No internal accessory dwelling unit will be conditionally permitted for a primary dwelling receiving service from a failing septic tank on the residential property;

The internal accessory dwelling unit shall have its own off-street parking provided on the primary dwelling premises. Existing units will be grandfathered until the property is sold and the new owner must be a resident of one of the units.

(Ord. 655, 4-4-2006; amd. Ord. 937, 8-17-2021)