The R-1 through R-3 One-Family Residential Districts are designed to be the most restrictive of the residential districts. The intent is to provide for an environment of predominantly low-density, one-family detached dwellings along with other residentially related facilities which serve the residents in the district. Whenever possible, developers should attempt to increase the share of affordable housing and/or break up the socioeconomic and/or racial segregation of development within the city.

(Ord. No. 802, § 1, 12-14-2020)

In an R-1 through R-3 One-Family Residential Districts, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

One-family residential dwellings.

(2)

Family day care home and group day care home, as defined in this chapter and regulated by state statute.

(3)

Foster family home and foster family group home, as defined in this chapter and regulated by state statute that are not within 1,500 feet of any other such facility.

(4)

Publicly owned and operated libraries, parks, parkways, and recreational facilities.

(5)

Cemeteries, which lawfully occupied land at the time of adoption of this chapter.

(6)

Public, parochial, and other private elementary schools offering courses in general education, and not operated for profit.

(7)

Solar power (roof and ground mounted) is allowed throughout residential districts as a permitted use if it rises no more than 42 inches from the roof surface.

(8)

Accessory buildings and structures, customarily incident to any of the above permitted uses.

(Ord. No. 802, § 1, 12-14-2020)

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to review by the planning commission at a duly advertised public hearing:

(1)

One-family cluster housing developments as permitted and regulated in Article XXIV, Schedule of Regulations, in this chapter.

(2)

Places of worship and other facilities normally incidental thereto subject to the following conditions:

a.

Buildings of greater than the maximum height allowed in Article XXIV, Schedule of Regulations, and as otherwise permitted in Article XXXIII, General Exceptions, in this chapter may be allowed provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

b.

All access to the site shall be in accordance with Article XXIX, General Provisions, in this chapter.

(3)

Day care center as defined in this chapter and regulated by state statute, when accessory to public or quasi-public use permitted in the district, and:

a.

When adequate off-street drop off and pick up areas, and off-street parking area is provided; and

b.

When outdoor play area is provided on site, it is securely fenced and fully supervised when in use.

(4)

Public, parochial and private intermediate and/or secondary schools offering courses in general education, but not operated for profit. Access to the site shall be in accordance with Article XXIX, General Provisions, in this chapter.

(5)

Utility substations and public service buildings without exterior storage yards, when it can be shown that operating requirements necessitate locating such facilities within the district in order to serve the immediate vicinity, and:

a.

Provided that such uses comply with all applicable building setback requirements and height limitations of the district, and;

b.

Provided that such uses are fully screened from view by the use of architectural masonry screen walls, or heavy evergreen planting screens, or combinations of both, or are placed inside of structures or buildings the appearance of which shall be like or directly similar to the appearance of the buildings around the substation.

(6)

Home occupations, subject to the following conditions:

a.

They are conducted wholly and entirely within the principal dwelling building.

b.

They are located either in the basement of the principal dwelling building, or when they will not be located on the basement, they shall not occupy more than 25 percent of the floor area of the principal dwelling building, excluding the basement.

c.

They are conducted only by the inhabitants thereof as defined in this chapter, there being no other employees or assistants employed in connection with the home occupation.

d.

No article shall be made or sold or offered for sale except for the item or items that may be produced in the principal dwelling building by the inhabitants thereof.

e.

There shall be no equipment or machinery used in connection with a home occupation that is of an industrial nature, or which may have a negative impact on adjacent residential dwellings.

f.

They will not change the character or the appearance of the principal dwelling building nor diminish its principal function as a residential dwelling.

g.

They will not require internal or external alterations or construction to be made to the principal dwelling building other than that which may be required to meet local or state safety or construction codes, as authorized by the city.

h.

No home occupation shall be carried on to an extent that will require parking in excess of that required for a residential building as set forth and regulated in this chapter.

i.

They shall have no signs, advertising devices or other manifestation located on any building on the property or within any yard area that suggests or implies the existence of a home occupation.

j.

A home occupation shall not include clinics, hospitals, barber or beauty shops, tearooms, tourist homes, kennels, millinery shops, landscape of lawn care business (including equipment) or a use similar to the above uses or which does not meet the requirements of this subsection.

k.

The home occupation complies with any applicable licensing requirements of the city.

l.

Home occupations shall be reviewed by the building department. The building department at its discretion, may forward the request to the planning commission for its review. When the building department or the planning commission has determined that the above conditions are met, the building department shall issue a special occupancy permit with any conditions of approval set forth thereon. Once established no home occupation shall deviate from the requirements of this subsection. No home occupation shall be continued when the same shall be found by the building department to be a nuisance or to be in violation of any of the required conditions set forth in this subsection, or due to noise, electrical interference, dust, smoke, odor, vibration, traffic congestion, reduction of parking, or reduction in the overall living environment of the dwelling or the surrounding area.

(7)

Private swimming pools when they are accessory to a principal permitted use and when they are located within the rear yard only, and provided further, that they meet the following requirements:

a.

Private pools shall not require planning commission approval.

b.

The outside edge of the pool shall be set back from any side or rear lot line a distance at least equal to the side yard setback requirement of the district in which the pool is located, as set forth in Article XXIV, Schedule of Regulations, of this chapter. In no instance shall this setback be less than ten feet from any side street or alley right-of-way.

c.

A minimum distance of four feet shall be provided between the outside edge of the pool and any building.

d.

No swimming pool may be located less than 35 feet from any front lot line and no swimming pool shall be located in an easement.

e.

For the protection of the inhabitants of the lot and the general public, all premises containing a swimming pool shall be completely fenced not less than four feet in height. The gates shall be a self-closing and latching type with the latch on the inside of the gate and not readily available to children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods of times. Fences of four to six feet in height may be permitted provided they meet the setback requirements of a main building.

(8)

Accessory buildings and uses customarily incident to any of the above permitted uses. An accessory use may include a private boat marina as defined in this chapter, so long as the following conditions are met:

a.

The marina must be accessory to a principal permitted use.

b.

Only boats or other forms of watercraft that are owned by, and registered to an occupant of the residential establishment that the private marina is accessory to shall be docked or moored at the marina.

c.

No other boat or boat-related services beyond the keeping of a boat or other watercraft in an approved boat slip shall be allowed in a private marina.

d.

The numerical off-street parking requirements for a private marina are met in addition to any other off-street parking requirements that may be applicable to the principal use.

e.

The person, corporation, association or other private entity in control of the residential establishment to which the marina is associated shall be responsible for the maintenance, overall appearance, security, safety and general management of the marina, including limiting use of the marina only to the residents of the establishment.

(9)

Accessory dwelling units are allowed in certain situations to create new housing units while respecting the look and scale of single-dwelling development; support more efficient use of existing housing stock and infrastructure; offer environmentally friendly housing choices with less average space per person and smaller associated carbon footprints; provide housing that responds to changing family needs, smaller households, and increasing housing costs; and provide accessible housing for seniors and persons with disabilities.

a.

One ADU is permitted per residentially zoned lot.

b.

An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure.

c.

ADUs are exempt from the residential density standards of this code.

d.

Applications for ADUs must meet the following criteria.

1.

The applicant must demonstrate that the ADU complies with all development and design standards of this section.

2.

The applicant must demonstrate that the proposed modifications comply with applicable building and fire safety codes.

3.

Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on the same site.

e.

All ADUs must meet the following requirements:

1.

Size. An ADU may be no more than 800 square feet or the half the size of the primary dwelling, whichever is less.

2.

No additional parking is required for an ADU. Existing required parking for the primary dwelling must be maintained or replaced on-site.

3.

Exterior finish materials. Exterior finish materials must visually match in type, size and placement, the exterior finish materials of the primary dwelling.

4.

Roof pitch. The roof pitch must be the same as the predominant roof pitch of the primary dwelling.

5.

Windows. If the street-facing façade of the ADU is visible from the street, its windows must match, in proportion and orientation, the windows of the primary dwelling.

6.

Eaves. If the primary dwelling has eaves, the ADU must have eaves that project the same distance from the building. If the primary dwelling does not have eaves, no eaves are required for the ADU.

(Ord. No. 802, § 1, 12-14-2020)

The following conditions where applicable shall apply to all uses permitted in the district:

(1)

No accessory building or structure shall be permitted except in conjunction with a principal permitted use.

(2)

All new single-family detached dwelling structures shall comply with the following standards:

a.

All dwelling buildings shall comply with all applicable local, state, or federal codes and ordinances.

b.

All single-family dwellings shall be permanently attached to an approved foundation which shall be or shall include a perimeter foundation in addition to any other required supporting foundation, the minimum width of which shall 12 inches wide and the depth of which shall be at least 42 inches deep. In no instance shall concrete piers, cement blocks without proper footing, or the like be permitted as a foundation or system of foundations.

c.

All dwelling units shall meet the minimum floor area requirements of the district and no single-family dwelling shall exceed four times its front width. Any subsequent structural additions to any dwelling building shall fully comply with the applicable standards of this subsection.

d.

All dwelling buildings shall be compatible with nearby single-family dwelling buildings by demonstrating a similarity in at least the following features:

1.

Total square feet of floor area.

2.

Width to length proportions established in this article.

3.

The value and overall quality of the construction.

4.

The use of exterior materials.

5.

The overall style and design of the building.

6.

The provision of storage space such as but not limited to, attic, basement, utility room or similar area, but not including a garage for the parking of motor vehicles.

e.

For the purpose of this subsection, nearby single-family dwelling buildings shall mean all such buildings within 300 feet of the new dwelling building, measured from the nearest wall of the proposed building to the nearest wall of the next residential dwelling building. When no dwelling buildings are located within the specified distance, nearby dwelling buildings shall mean the nearest single-family dwelling buildings in all directions from the subject parcel boundaries.

f.

The review and approval of plans pertaining to the above requirements shall be the responsibility of the city's building department and no building permit shall be issued by the same until or unless the above standards are in the opinion of the building department, met. In those instances where the building department may be uncertain of the application of the above standards with respect to the appearance of a particular dwelling building, the department may forward the drawings and pertinent information to the planning commission for its review and recommendation to the building department.

g.

When reviewing a single-family dwelling building for compliance with the foregoing guidelines, the building department or the planning commission shall not seek to discourage architectural design variation, but shall seek to promote reasonable compatibility in the character of single-family dwelling buildings in a manner set forth in this subsection so as to protect the economic welfare and proper values of nearby residential buildings and the City of Trenton at large. The building department or the planning commission may require submittal of plans, elevation drawings and similar drawings and documents as deemed necessary to carry out the requirements of this subsection.

(3)

Consult Article XXIV, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of a lot by a permitted land use, the maximum dwelling density permitted, and minimum building setback requirements.

(4)

Consult Article XXVI, Off-Street Parking Requirements, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(5)

Consult Article XXVII, Screening and Landscaping Requirements, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(6)

Consult Article XXVIII, Site Plan Review, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(7)

Consult Article XXIX, General Provisions, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(8)

Consult Article XXXIII, General Exceptions, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(Ord. No. 802, § 1, 12-14-2020)