Warr Acres City Zoning Code

The R-2 (two- to four-family residential) district is intended to provide for a slightly higher population density with basic restrictions similar to the R-1 district. The principal use is for single-family and two- to four-family dwellings and related recreational, religious, and educational facilities, normally required to provide the basic elements of a balanced and attractive residential area. These areas are protected from the encroachment of uses considered to be detrimental to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate lighting, air, and open space for dwellings and replaced facilities, and through consideration of the proper functional relationship of each element. (Ord. 832 §1, 1997)

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 and buildings shall be used only for the following purposes:

Accessory buildings, structures and uses customarily incidental to the uses listed in this section when located on the same lot are subject to the following conditions:

A.   They must meet side setback requirements and shall not be located closer than ten feet (10') to the rear property line or over the easement, whichever is greater.

B.   No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced.

C.   All accessory buildings shall be limited to occupancy and use by occupants of the main building.

D.   No accessory building shall be located across lot lines separating two (2) or more dwellings or buildings regardless of ownership or tenancy status of the lots.

E.   Access to the accessory building shall be limited to the lot it occupies.

F.   Building material of accessory buildings shall conform to the current building standards of the city, provided that corrugated or unpainted galvanized building materials shall not be permitted.

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 19.24.030 of this chapter. Accessory buildings and structures cannot be used for commercial activities.

Accessory sign. Subject to the requirements set forth in title 15 of this code.

Carports. Subject to the following conditions:

A.   Single-family dwelling carports must comply with the requirements set forth in chapter 19.20 of this title.

B.   A maximum of one carport is permitted for each two-family dwelling or single-family dwelling with a garage apartment.

C.   One additional carport shall be permitted for each additional two-family increment which a dwelling might possess.

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.

Manufactured home. Shall meet the requirements set forth in chapter 19.40 of this title.

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.

Public park or playground.

Site built, single-family dwelling.

Temporary buildings.

Two- to four-family dwelling. (Ord. 1007 §4, 2005: Ord. 968 §1, 2002: Ord. 846 §1, 1998: Ord. 832 §1, 1997)

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.

Daycare home. Subject to the following conditions:

A.   May be located in a single-family dwelling unit which is the permanent residence of the operator.

B.   Shall be operated in a manner that will not change the character of the residence or adversely affect other properties in the area.

C.   Shall meet city-county and state requirements including, but not limited to, safety, design, facilities, and equipment.

D.   The applicant shall meet the license requirements set forth in title 5 of this code.

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.

Municipal use, public building, and public utility.

Nonprofit daycare center. A daycare center meeting the following minimum conditions:

A.   Operates without profit to its members;

B.   The owner of the property has been in existence, registered and been operating as a nonprofit organization for not less than five (5) years;

C.   The owner of the property has owned the property in question for not less than two (2) years;

D.   The owner of the property is exempt from taxation pursuant to the provisions of paragraphs (3), (4), (7), or (10) of subsection (c) of section 501 or paragraph (1) of subsection (a) of section 509 of the United States internal revenue code of 1986 as amended, 26 USC section 501(c) et seq., or section 509(a)(1);

E.   The daycare operations, if allowed, would not be the primary use of the property;

F.   Shall meet city-county and state requirements including, but not limited to, safety, design, facilities, and equipment; and

G.   The applicant shall meet the license requirements set forth in title 5 of this code.

Off street parking lot associated with a commercial use, as regulated under the requirements set forth in chapter 19.44 of this title.

Plant nursery in which no building or structure is maintained in connection therewith.

Public or private school. Includes classrooms and administration, maintenance, storage and school vehicle parking facilities, but excludes dormitory facilities. (Ord. 1090, 8-17-2010)

The following uses are prohibited in this district:

Facility for drug or alcohol rehabilitation.

Single or double wide trailers and mobile homes. (Ord. 986 §4, 2003: Ord. 972 §1, 2002)

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.

Churches, including main and accessory buildings or structures, other than dwellings and buildings or structures accessory to dwellings, shall set back from all exterior and interior side lot lines a distance of not less than thirty five feet (35').

C.   Rear Setback: The rear yard setback shall not be less than twenty five feet (25'). (Ord. 846 §1, 1998: Ord. 832 §1, 1997)

Where a lot has double frontage, each frontage shall have a twenty five foot (25') setback for the main building, and the following shall apply:

A.   The property owner shall designate the rear lot line except where the lot adjoins an arterial street, in which case the lot line adjoining the arterial street shall become the rear lot line, and the rear yard created shall be subject to the rear yard setback requirements.

B.   A perimeter fence may be constructed on the designated rear lot line, and the rear yard created shall be subject to the rear yard setback requirements.

C.   For permitted, nonresidential uses with double frontage, the front yard setback requirements shall apply to both streets. (Ord. 832 §1, 1997)

For two-family dwellings, there shall be a minimum lot width of sixty feet (60') at the front building line, and the lot shall adjoin on a street for a distance of not less than thirty five feet (35'). (Ord. 832 §1, 1997)

A.   For each single-family dwelling and accessory buildings there shall be a lot area of not less than seven thousand two hundred (7,200) square feet.

B.   For each two-family dwelling and accessory buildings there shall be a lot area of not less than nine thousand two hundred (9,200) square feet, and an additional area of two thousand (2,000) square feet for each additional family more than two (2) occupying the dwelling.

C.   If a lot was created by subdivision prior to January 1, 1980, has less area than required in this section, and all boundary lines of that lot touch lands under other ownership, that lot may only be used for single-family residential dwellings or open space purposes. (Ord. 832 §1, 1997)

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 in accordance with the requirements of chapter 19.40 of this title. (Ord. 968 §1, 2002)

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

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

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 R-2 (two- to four-family residential) 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.

 

(Ord. 1007 §4, 2005)