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Three Forks City Zoning Code

CHAPTER 6

RESIDENTIAL DISTRICTS

11-6A-1: PURPOSE:

The purpose of this district is to recognize the existing residential neighborhoods of Three Forks as well as those areas which are deemed appropriate for residential expansions. Rather than adhering to a strict uniform pattern of single- family detached dwellings, a variety of building types and densities will be encouraged to provide a balance within each neighborhood as well as in the entire community. However, efforts shall be made to group multi-family dwellings and mobile homes in suitable areas. (Ord. 203, 12-9-1983)

11-6A-2: PERMITTED USES:

!!! Accessory uses.
Mobile homes, based on criteria as set forth in section 11-6A-11 of this article.
Newly constructed one-family dwellings.
Previously occupied single-family homes.
Temporary buildings for and during construction only. (Ord. 203, 12-9-1983; amd. Ord. 229, 7-11-1995)

11-6A-3: CONDITIONAL USES:

The following uses may be allowed in the R residential district as conditional uses as regulated in chapter 12 of this title:
Assisted living facilities.
Bed and breakfast homes.
Churches.
Daycare facilities.
Home occupations as defined in this title.
Medical marijuana distribution structure.
Mobile home parks as provided in chapter 16 of this title.
Multi-family dwellings.
Nursing homes. (Ord. 203, 12-9-1983; amd. Ord. 267, 2-11-2003; Ord. 324-11, 8-23-2011)

11-6A-4: LOT AREA AND WIDTH:

Except for existing lots of record which cannot be reassembled to conform to this requirement (variance procedures for structure still apply), the following lot areas and widths are required: (Ord. 203, 12-9-1983)
   A.   Single-family dwelling: Each lot shall contain not less than seven thousand (7,000) square feet, and be not less than fifty feet (50') wide. All newly annexed lots, newly zoned and newly platted lots shall contain not less than ten thousand five hundred (10,500) square feet. In case of subdivisions of five (5) lots or more, for every five (5) lots, one lot can be a minimum of nine thousand (9,000) square feet.
   B.   Multi-family dwelling: Lot area for all multiple-family units shall not be less than three thousand five hundred (3,500) square feet per dwelling unit. All newly annexed lots, newly zoned and newly platted lots shall contain not less than five thousand two hundred fifty (5,250) square feet per dwelling unit. (Ord. 203, 12-9-1983; amd. Ord. 282-04-05, 8-9-2004)
   C.   Mobile home: Minimum lot area and width same as single- family dwelling. (Ord. 203, 12-9-1983)

11-6A-5: LOT COVERAGE AND FLOOR AREA:

   A.   Single-family dwelling, mobile home: Not more than thirty five percent (35%) of the lot shall be occupied by the principal and accessory buildings. Each dwelling shall have a minimum of nine hundred (900) square feet of floor area in its living quarters. (Ord. 203, 12-9-1983; amd. Ord. 262-2000, 1-11-2000)
   B.   Multi-family dwelling: Not more than forty percent (40%) of the lot shall be occupied by the principal and accessory buildings. Each dwelling unit shall have a minimum of seven hundred fifty (750) square feet in its living quarters. (Ord. 203, 12-9-1983)

11-6A-6: YARD REQUIREMENTS:

Every lot shall have the following yards:
Front yard: A fifteen foot (15') front yard shall be provided on all frontages.
Side yard: Side yards abutting interior lot lines shall not be less than ten feet (10'). (Ord. 203, 12-9-1983)
Rear yard: A rear yard shall be provided of not less than fifteen feet (15') in relation to a dwelling structure. Detached garages and other accessory buildings may be constructed within five feet (5') of alley property lines as long as vehicle ingress/egress does not occur from alley side of garage.
Measurements for yard requirements will be taken from the footprint of all structures. Overhangs (i.e., eaves, cantilevers, second floor decks, etc.) are allowed to extend no more than forty inches (40") beyond the footprint of the structure and not be counted as part of the setback measurement. If overhang extends more than forty inches (40"), the extra distance beyond this measurement will count off the setback measurement respectively. (Ord. 267, 2-11-2003)

11-6A-7: OFF STREET PARKING:

Off street parking provisions shall be as set forth in chapter 13 of this title. (Ord. 203, 12-9-1983)

11-6A-8: OFF STREET LOADING:

Off street loading provisions shall be as set forth in chapter 14 of this title. (Ord. 203, 12-9-1983)

11-6A-9: BUILDING HEIGHT:

Maximum building height in this district shall be thirty six feet (36') for all dwellings and twenty feet (20') for accessory buildings. (Ord. 267, 2-11-2003)

11-6A-10: SITE DESIGN STANDARDS (FOR ANY NEWLY ANNEXED LOTS):

   A.   Sidewalks: A continuous concrete sidewalk five feet (5') in width shall be provided between the property line and all street frontages.
   B.   Boulevards: A continuous boulevard six feet (6') in width shall be provided abutting the street side of each sidewalk. (Ord. 267, 2-11-2003)

11-6A-11: SPECIFIC REQUIREMENTS FOR MOBILE HOMES:

In addition to the residential requirements as set forth in this district, the following criteria shall be reviewed by the zoning official in relation to the placement of a mobile home on any residential lot prior to the issuance of a zoning permit:
   A.   Mobile homes shall have a minimum of nine hundred (900) square feet of occupied space and either be a double section or single section unit that is architecturally designed for a residential neighborhood.
   B.   Mobile homes shall have utilities connected in accordance with Three Forks requirements.
   C.   Mobile homes shall have siding material of a type customarily used on site constructed residences.
   D.   Mobile homes shall be placed on a permanent foundation.
   E.   Mobile homes shall be anchored to the ground.
   F.   Mobile homes shall have wheels, axles, and hitch mechanisms removed.
   G.   Mobile homes shall have roofing material of a type customarily used on site constructed residences. (Ord. 253-99, 10-13-1998; amd. Ord. 267, 2-11-2003)
   H.   A mobile home shall have been manufactured no more than ten (10) years before filing the application for the building permit and must bear a housing and urban development ("HUD") seal indicating it has met the United States mobile home construction and safety standards.
   I.   The exterior structure and condition of the mobile home must be in good repair without apparent damage or defects. (Ord. 227, 2-8-1994; amd. Ord. 267, 2-11-2003)

11-6B-1: PURPOSE:

The purpose of this district is to recognize existing residential neighborhoods of the city and provide for medium density residential development within the city in areas that present few or no development problems. This district also allows for neighborhood facilities which serve and enhance residential development while preserving the character and nature of a residential neighborhood. (Ord. 243, 12-10-1996)
Effective upon enactment hereof the zoning designation of RM residential medium density district will no longer be utilized by the city. The permitted uses of this district are now listed as conditional uses in the residential district (article A of this chapter). Planned unit developments (chapter 11 of this title) may also be an option for this type of development. (Ord. 267, 2-11-2003)

11-6B-2: PERMITTED USES:

Accessory uses:
Fences.
Greenhouses.
Private garages.
Private or jointly owned community center recreational facilities, swimming pools, tennis courts and spas.
Temporary buildings incidental to construction work.
Tool sheds for storage of domestic supplies.
Other buildings and structures typically accessory to residential uses.
One-family dwellings.
Public parks.
Townhouse clusters.
Two- to four-family dwellings. (Ord. 243, 12-10-1996; amd. Ord. 267, 2-11-2003)

11-6B-3: CONDITIONAL USES:

Assisted living facilities.
Bed and breakfast homes.
Churches.
Daycare centers.
Golf courses.
Group homes.
"Home occupations" as defined in this title.
Medical marijuana distribution structure.
Public buildings.
Schools. (Ord. 243, 12-10-1996; amd. Ord. 267, 2-11-2003; Ord. 324-11, 8-23-2011)

11-6B-4: LOT AREA AND WIDTH:

The depth of each lot shall not be less than its width. Minimum lot area and width for the dwelling types permitted in this district shall be as follows:
   A.   One-Family Dwellings:
      1.   Minimum lot area: Seven thousand eight hundred (7,800) square feet.
      2.   Minimum lot width: Sixty feet (60').
   B.   Two-Family Dwellings:
      1.   Minimum lot area: Nine thousand six hundred (9,600) square feet.
      2.   Minimum lot width (excluding corner lots): Seventy four feet (74').
      3.   Minimum lot width for corner lots: Seventy nine feet (79').
   C.   Three- And Four-Family Dwellings:
      1.   Minimum lot area: Fourteen thousand (14,000) square feet.
      2.   Minimum lot width (excluding corner lots): One hundred eight feet (108').
      3.   Minimum lot width for corner lots: One hundred thirteen feet (113').
   D.   Townhouses:
      1.   Minimum average lot area per dwelling in a townhouse cluster: Three thousand five hundred (3,500) square feet.
      2.   Minimum lot width: The width of the interior dwelling units. (Ord. 243, 12-10-1996)

11-6B-5: LOT COVERAGE AND FLOOR AREA:

Not more than forty percent (40%) of the lot shall be occupied by the principal and accessory buildings. The average floor area of all dwellings on a lot shall be not less than seven hundred fifty (750) square feet. (Ord. 243, 12-10-1996)

11-6B-6: YARD REQUIREMENTS:

Every lot in an RM district shall have not less than the following minimum yards:
Front yard: Fifteen feet (15') on all frontages.
Side yards abutting interior lot lines, with the exception of lot lines within a townhouse cluster: Ten feet (10').
Rear yard: Fifteen feet (15'). (Ord. 243, 12-10-1996)

11-6B-7: OFF STREET PARKING:

Each dwelling unit shall be provided with not less than two (2) off street parking spaces. Uncovered off street parking lots with more than two (2) spaces shall not be located between the front yard setback line and the front facade of the building. (Ord. 243, 12-10-1996)

11-6B-8: OFF STREET LOADING:

Provisions for off street loading shall be as set forth in chapter 14 of this title. (Ord. 243, 12-10-1996)

11-6B-9: BUILDING HEIGHT:

Maximum building height in this district shall be thirty six feet (36') for all dwellings and twenty feet (20') for accessory buildings. (Ord. 267, 2-11-2003)

11-6B-10: SITE DESIGN STANDARDS:

   A.   Sidewalks: A continuous concrete sidewalk five feet (5') in width shall be provided between the property line and all street frontages.
   B.   Boulevards: A continuous boulevard six feet (6') in width shall be provided abutting the street side of each sidewalk required in this section. (Ord. 243, 12-10-1996)

11-6C-1: PURPOSE:

The residential/airport influence district pertains to a residential platted area in close proximity to the north runway zone of the Pogrebra Field Airport. This designation allows the continuation of residential development but still recognizes the impacts the airport traffic will have in terms of noise and safety on future residents. The district designation discourages concentrated residential development but allows a variety of single-family structures and low density multi-family structures which are designed and built to minimize the airport noise impacts (indicated to zoning official at time of zoning permit application and/or during conditional use review by city). (Ord. 253-99, 10-13-1998)

11-6C-2: PERMITTED USES:

Permitted uses shall be the same as the R district (structures shall be designed and built to minimize noise impacts). (Ord. 203, 12-9-1983)

11-6C-3: CONDITIONAL USES:

The following uses may be allowed in this R/AI residential/airport influence district as conditional uses as regulated in chapter 12 of this title:
"Home occupations" as defined in this title.
Medical marijuana distribution structure.
Multi-family dwellings (maximum 4 unit structures designed and built to minimize noise impacts). (Ord. 203, 12-9-1983; amd. Ord. 324-11, 8-23-2011)

11-6C-4: LOT AREA AND WIDTH:

Lot area and width shall be the same as the R district but excluding multi-family structures greater than four (4) units. (Ord. 203, 12-9-1983)

11-6C-5: LOT COVERAGE AND FLOOR AREA:

Lot coverage and floor area shall be the same as the R district. (Ord. 203, 12-9-1983)

11-6C-6: YARD REQUIREMENTS:

Yard requirements shall be the same as the R district. (Ord. 203, 12-9-1983)

11-6C-7: OFF STREET PARKING:

Off street parking shall be the same as the R district. (Ord. 203, 12-9-1983)

11-6C-8: OFF STREET LOADING:

Off street loading shall be the same as the R district. (Ord. 203, 12-9-1983)

11-6C-9: BUILDING HEIGHT:

Building height shall be a maximum of twenty four feet (24') unless further restricted by FAA height regulations in conjunction with proximity to the airport runway. (Ord. 203, 12-9-1983)