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Warr Acres City Zoning Code

CHAPTER 19

16 FE SINGLE-FAMILY ESTATE DISTRICT

19.16.005: GENERAL DESCRIPTION:

This large lot residential district is intended to contain single-family homes on lots that are large enough to permit limited agricultural activity including private stables for raising a limited number of horses for personal use. The use and development regulations of this district are intended to permit these activities without creating conflict with higher residential densities and incompatible land uses that may exist on abutting and surrounding properties. In order to preserve the compatibility of the uses in this district with more conventional adjacent developments, it is important for properties with this zoning district classification to mitigate the effects of the permitted uses through provision of significant open space in the form of side and rear yard building setbacks and required rear yard area. (Ord. 1007 §2, 2005)

19.16.010: PERMITTED USES:

Planning commission approval is not required for permitted uses unless the city inspector deems the circumstances of the application to be of a nature that would cause concern or be of special interest to the community. The city inspector may, at his discretion, add such application to the planning commission agenda for discussion. Property, buildings and structures shall be used only for the following purposes:
Accessory sign. Subject to the requirements set forth in title 15 of this code.
Carports. Subject to the following conditions:
A.   Application for a building permit shall be made by the owner or lessee of the subject property, or agent or either, or by a licensed contractor employed in connection with the proposed work in accordance with the requirements set forth in chapter 19.52 of this title.
B.   The supporting structure of the carport shall not violate the required side yard setback.
C.   Carports shall be located only over existing driveways.
D.   Carports shall be kept in an attractive state, in good repair, and in a safe and sanitary condition.
E.   Carports shall be constructed, erected or installed to conform with the requirements of the city building code and shall be of an acceptable design and appearance compatible with the primary building on the property.
F.   Carports shall not exceed fourteen feet (14') in width for a single garage and/or driveway, or twenty six feet (26') in width for a double garage and/or driveway, or the width of such driveways plus an additional two feet (2'). All roof width measurements shall be from the eave line.
G.   Carports shall not exceed ten feet (10') in height as measured from the ground to the eave line. Further, such carport shall not exceed twenty four feet (24') in total length.
H.   Carports shall be permanently open on two (2) sides from grade surface to the eave line, except that all portions of carports which extend into the required front yard setback shall be permanently open on three (3) sides from grade surface to the eave line.
I.   Carports shall comply with front yard setback requirements, except that carports used in conjunction with single-family dwellings shall be permitted to extend into the required front yard setback area; however, carports shall be permitted no closer than five feet (5') from the right of way line of a public or private street.
Home occupation, type A. Applicants must meet the following conditions:
A.   Activity must be conducted entirely in the main residence.
B.   No client visitors.
C.   No change in appearance of residence, including parking.
D.   The applicant shall meet the license requirements set forth in title 5 of this code.
New and/or replacement accessory buildings and structures, including all buildings and structures in the rear yard (includes house, detached garage, patio covers and all other buildings and structures not otherwise listed in this section), are subject to the following conditions:
A.   Maximum Number: No limitation on number.
B.   Maximum Size: The total square footage of all accessory buildings, including a private detached garage, cannot exceed two thousand four hundred (2,400) square feet or twenty percent (20%) of the available rear yard, whichever is the lesser, as measured from the rear walls of the house to the rear property line.
C.   Maximum Height: The top plate height shall not exceed ten feet (10') with the standard six foot (6') side setback, or thirteen feet (13') with an additional side setback of two feet (2') per each one foot (1') of height above ten feet (10'). The roof shall not exceed the maximum height of the house and shall have a minimum pitch of four (4) in twelve (12).
D.   Location; Rear Yard: Accessory buildings and structures shall be located in the rear yard.
E.   Property Line Setbacks: Setbacks are as set forth in section 19.16.040 of this chapter.
F.   Materials Of Construction: An accessory building or structure cannot be constructed using corrugated, galvanized or exposed exterior metal material.
G.   Construction Of Main Building Required: No accessory building or structure shall be constructed upon a lot until the construction of the main building has actually commenced.
H.   Occupancy: Occupancy of all accessory buildings and structures shall be limited to the owner and/or occupants of the main residence.
I.   Location; Across Lot Lines: No accessory building or structure shall be located across lot lines separating two (2) or more dwellings or buildings regardless of ownership or tenancy status of the lots.
J.   Access: Access to the accessory building or structure shall be limited to the lot it occupies.
If the building or structure is to be used in a home occupation, type B, the applicant must meet all of the requirements set forth for home occupation, type B conditions in section 19.16.020 of this chapter. Accessory buildings and structures cannot be used for commercial activities.
Perimeter fence. Subject to the requirements set forth in title 16 of this code.
Portable buildings. May be placed within a utility easement along the side and rear lot lines, but the property owner shall be responsible for any expense incurred by the city in moving the building in order to gain access to the easement.
Site built, single-family dwelling.
Temporary buildings.
Truck gardening, including the keeping of poultry, not more than two (2) horses, but not the raising of livestock. (Ord. 1007 §2, 2005: Ord. 968 §1, 2002: Ord. 872 §1, 1998: Ord. 846 §1, 1998: Ord. 832 §1, 1997)

19.16.020: USES SUBJECT TO REVIEW:

Planning commission review and recommendation is required. The public hearing requirements for uses subject to review are set forth in chapter 19.54 of this title. All area requirements of this district must be met:
Church, synagogue, mosque, or temple. Includes the main building and all other structures comprising the complex, including, but not limited to, parish hall, education building, parking, accessory structures, recreation area and open space, and minister's residence when a part of the complex, subject to the following condition:
A.   A minimum lot area of three (3) acres.
Home occupation, type B conditions. Applications are subject to the following review standards and considerations in addition to the general definition of home occupation, including one or more of the following activities or modifications to the property:
A.   Client visitors allowed, subject to restrictions established in the review process.
B.   Activity in other than the main house, e.g., garage, yard or accessory building or structure.
C.   Any use of electrical or mechanical equipment in the home occupation activity.
D.   Any structural alteration, including a separate entrance.
E.   Any expansion of the existing driveway.
F.   "Daycare home" as defined by the zoning ordinance.
G.   Hours of activity.
H.   Number of clients present at the same time.
I.   Vehicle parking requirements, including a company car, trailer or truck.
J.   Potential for noise and neighborhood disruption with numbers of client vehicles.
K.   Effect on area by any proposed structural or property alteration.
L.   The applicant shall meet the license requirements set forth in title 5 of this code.
Public or private school. Includes classrooms, administration, maintenance, storage and school vehicle parking facilities, but excludes dormitory facilities. (Ord. 1007 §2, 2005: Ord. 968 §1, 2002: Ord. 832 §1, 1997)

19.16.025: PROHIBITED USES:

The following uses are prohibited in this district:
Facility for drug or alcohol rehabilitation.
Single or double wide trailers and mobile homes. (Ord. 986 §2, 2003: Ord. 972 §1, 2002)

19.16.030: BUILDING HEIGHT:

No building or structure shall exceed thirty five feet (35') in height. (Ord. 832 §1, 1997)

19.16.040: YARDS; SETBACK:

All buildings or structures shall be set back from street rights of way and property lines as follows:
A.   Front Setback: The front yard setback shall not be less than twenty five feet (25').
B.   Side Setback: Each side yard setback shall not be less than:
   1.   Six feet (6') where the height of the building or structure is twenty five feet (25') or less.
   2.   Nine feet (9') where the height of the building or structure is between twenty six feet (26') and thirty five feet (35').
   3.   Ten feet (10') where the building or structure is parallel to a side street.
C.   Rear Setback: The rear yard setback shall not be less than twenty five feet (25'). (Ord. 846 §1, 1998: Ord. 832 §1, 1997)

19.16.050: LOT AREA:

The lot area shall not be less than forty three thousand five hundred sixty (43,560) square feet (1 acre). (Ord. 832 §1, 1997)

19.16.055: LANDSCAPING:

At least five percent (5%) of the land area of all nonresidential uses, permitted either by right or under an enabling permit, shall be devoted to landscaping with the requirements of chapter 19.40 of this title. (Ord. 968 §1, 2002)

19.16.060: LOT COVERAGE:

Main and accessory buildings or structures shall not cover more than fifty percent (50%) of the lot area. (Ord. 832 §1, 1997)

19.16.070: PERMITTING RESPONSIBILITIES AND REQUIREMENTS:

A.   The applicant shall submit to the city inspector’s office the required number of copies of all documents and application forms and fees that meet the permitting requirements before they can be reviewed by the city staff or the planning commission. Absent the required copies, the application shall be deemed to be incomplete. If an application for a permitted use is incomplete, review by the city inspector will be delayed until the required documentation has been submitted. If an application for a use subject to review is incomplete, it will not be placed on the agenda of the planning commission until the required documentation has been submitted. The city inspector shall distribute the documents as applicable. The city is not responsible for making said copies on behalf of the applicant.
B.   The following table sets forth the permitting responsibilities and requirements for permitted uses and uses subject to review within the FE (single-family estate) zoning district. The table indicates which members of the city staff or the planning commission are to review each type of permit application. A blank space in the table indicates that the application does not require that item to be submitted.
Uses
Building Permit
Construction Plans
Plot Plan
Site Development Plan
Landscaping Plan
Grading Plan
Uses
Building Permit
Construction Plans
Plot Plan
Site Development Plan
Landscaping Plan
Grading Plan
Permitted Uses
   Accessory sign
CI
CI
 
 
 
 
   Carports
CI
CI
CI
 
 
 
   Home occupation, type A
Not required unless premises are being altered
CI, FC
 
 
 
 
   New or replacement accessory buildings and structures
CI
CI
CI, CE
 
 
 
   Perimeter fence
CI
CI
 
 
 
 
   Portable buildings
CI
CI
CI
 
 
 
   Site built, single-family dwelling
CI
CI, CE
 
CI
 
CI, CE
   Temporary buildings
 
CI
CI
 
 
 
   Truck gardening; poultry, not more than 2 horses, no livestock
 
 
 
 
 
 
Uses Subject To Review
   Church, synagogue, mosque, or temple
CI
FC, CI, CE
CI, CE, CP
PC, CI, CE
CI, CE
CI, CE
   Home occupation, type B
Not required unless premises are being altered
FC, CI
CI, PC
 
 
 
   Public or private school
CI
FC, CI, CE
CI, CE, CP
PC, CI, CE
CI, CE
CI, CE
Legend:
CI = City inspector
FC = Fire chief
CE = City engineer
CP = City planner
PC = Planning commission
 
(Ord. 1007 §2, 2005)