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Smithville City Zoning Code

ARTICLE V

- R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

Sec. 70-161.- Statement of purpose.

This district is composed of certain areas having a single-family residential character and undeveloped land where it is desirable and likely that similar development will occur. This district will be characterized by medium density residential development. The specific purpose of this district is to:

(1)

Encourage the construction and continued use of the land for single-family dwellings;

(2)

Prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or maintenance of single-family dwellings in the district;

(3)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of these regulations;

(4)

Discourage any land use that would generate traffic on minor or local streets, other than normal traffic to serve residences on those streets;

(5)

Discourage any use which, because of its size or character would create requirements and costs for public services such as fire and police protection, water supply and sewerage substantially in excess of such requirements and costs if the district were developed solely for residential purposes.

(Ord. of 12-2-2002, § 70-161)

Sec. 70-162. - Permitted uses.

(a)

Single-family, detached dwellings, except for manufactured or mobile homes.

(b)

Accessory buildings or uses customarily incidental to any of the permitted uses, when located on the same lot as the primary dwelling and not involving any business, profession, trade or occupation, provided that all accessory buildings shall conform and be located as required in section 70-84 of this chapter.

(c)

Churches, provided that the proposed site for a church is not less than three acres, and a complete site development plan is submitted with the application for a building permit.

(d)

Home occupations.

(e)

Gardens.

(f)

Family personal care home (two to four residents).

(g)

Where an owner of property located in an R-1 single-family residential district owns two or more lots adjacent to each other in an R-1 residential district, the owner shall, subject to applicable building permit and other building code requirements, be authorized to construct and use accessory buildings or structures constructed or to be constructed on a lot owned by such owner which is adjacent to the lot where the owner's residence is located or to be located in such R-1 single family residential district (i) where the additional accessory structure will be utilized by the owner in connection with the owner's use and occupancy of the owner's adjacent residence and (ii) where the lot upon which the adjacent residence is constructed or is to be constructed consists of one or more acres. Unless the accessory building or structure is destroyed or demolished, and as long as the lot where the accessory building is located is zoned R-1 single-family residential, any sale, transfer, or conveyance of the adjacent residence to which the accessory building or structure is an accessory shall include a sale, transfer, or conveyance of the lot where the accessory building is constructed to the same buyer or transferee acquiring the residence. Nothing in this subsection shall be construed to affect the construction of accessory buildings on the same lot as the residence in an R-1 single-family residential district in accord with subsection 70-162(c).

(Ord. of 12-2-2002, § 70-162; Ord. of 3-27-2018, pt. 3; Ord. of 3-28-2023; Ord. of 5-27-2025, § 2)

Sec. 70-163. - Conditional uses.

(a)

Public cemeteries, provided that a complete site development sketch is submitted with the application. The proposed site must be at least five acres and have an adequate buffer.

(b)

Nursery schools, kindergartens or day care facilities provided that all state licensing requirements are met.

(c)

Social or fraternal clubs, lodges, union halls and other similar uses.

(d)

Bed and breakfast inn.

(e)

Temporary emergency construction and repair residences.

(f)

Family personal care home (five to six residents).

(g)

Reserved.

(h)

The keeping of horses for home use and enjoyment; provided that the lot is not less than five acres total and only three such animals shall be permitted for each 50,000 square feet of land area not to include the front or side yard of the principal dwelling and all horses shall be adequately fenced within the property and maintained 25 feet from all property lines in the rear yard.

(1)

The keeping, breeding or training of any animals for monetary gain or profit shall be deemed a commercial business and is expressly prohibited in all residential districts except where such operations may qualify as a non-conforming use as defined in this chapter.

(2)

No keeping of horses shall become a nuisance as defined in the county nuisance ordinance.

(3)

No horses shall be kept on a lot in this zoning district when there is no principal dwelling on the lot.

(Ord. of 12-2-2002, § 70-163; Ord. of 3-27-2018, pt. 4)

Sec. 70-164. - Area, height, bulk, and placement requirements.

R-1

Dwelling Units Per Acre of Developable Land — R-1
Well and septic 1 per every 2 acres
Water and septic 1 per every 1 acre
Water and sewer 2 per every 1 acre
Minimum Lot Width at Setback
Well and septic 150'
Water and septic 100'
Water and sewer Staff review*
Minimum Front Building Setback
Front 35'
Side and rear 10'
Maximum lot coverage 40%
Maximum building height 50'

 

*Each lot shall have, at a minimum, a 30-foot wide access to a public road.

(1)

Lot length shall not be more than four times the lot width.

(2)

This height limitation shall not apply to grain elevators, silos, windmills, elevator legs, cooling towers, water towers, chimneys and smokestacks, or church spires.

(3)

With the exception of well and septic tank developments, all new roads in this district shall be curb and gutter roads as specified in chapter 38 of this Code.

(4)

All new roads in this district shall directly connect to existing, paved, public roads.

(5)

All final lot sizes shall be approved by the county health department.

(Ord. of 12-2-2002, § 70-164; Ord. of 5-27-2025, § 3)