The planning commission may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment:
The following special uses may be permitted in a residential zone:
Duplexes, multi-family and manufactured home parks.
Home occupations in conformance with section 5-13-1 of this title; provided, however, that any individual operating a Home Occupation, without first obtaining a special use permit, which was in existence and operating prior to March 02, 2023, shall be permitted to continue operating said Home Occupation upon registering with the city clerk or designee on or before April 07, 2023, and by providing such information regarding the Home Occupation as may be required by the city. Failure to register with the city clerk or designee on or before April 07, 2023, shall result in termination of the right to continue operating a Home Occupation without first obtaining a special use permit.
Neighborhood commercial uses serving the local residents.
Nursing or convalescent homes, assisted living facilities.
Planned unit developments.
Private kindergarten or daycare or nursery, private schools.
Public utilities and public service uses or structures.
Religious institutions, including places of worship, schools and convents.
Other uses deemed similar by the city to the uses above may be considered under a special use application. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018; Ord. 547-2023, 3- -2023)
5-3-3: LOT (PARCEL) AREA:
(A) Minimum Per Dwelling Unit: The minimum lot (parcel) area per dwelling unit shall not be less than six thousand two hundred fifty (6,250) square feet.
(B) Minimum For Nonresidential Uses: The minimum lot (parcel) area for uses other than residential shall not be less than nine thousand (9,000) square feet.
(C) Additional Dwelling Units (duplex, triplex, fourplex): The minimum lot (parcel) area for each additional dwelling unit exceeding a one-family dwelling shall not be less than two thousand (2,000) square feet per unit and provided there shall not be more than one residential building on each lot (parcel). (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)
5-3-4: YARDS:
(A) Front Yards: A front yard shall be provided of a depth of not less than twenty feet (20') in occupied areas, except where a building exceeds thirty five feet (35') in height, in which case the front yard shall be increased one foot (1') in depth for each five feet (5') the building height exceeds thirty five feet (35').
(B) Rear Yards: A rear yard shall be provided of a depth of not less than thirty feet (30'), except where a building exceeds thirty five feet (35') in height, in which case the rear yard shall be increased one foot (1') in depth for each five feet (5') the building height exceeds thirty five feet (35').
(C) Side Yards: Side yards for residential uses shall be required. No part of any residence or attachment thereto, shall extend, or be, closer than seven feet (7') from the edge of the side property line. All parts of each residence, including eaves, shall be at least seven feet (7') from the side property line, measured as if the side property line extended vertically for an indefinite distance.
(D) Rear yard setbacks from the alley property line three feet (3') to any structure measured from the eve line.
(E) The minimum lot (parcel) area for uses other than residential shall not be less than 9,375 square feet. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)
5-3-5: OFF STREET PARKING:
(A) Each dwelling shall have a driveway or parking space for not less than two (2) motor vehicles with an approach from the street or alley.
(B) All other parking shall be as required by chapter 10 of this title. (Ord. 431, 10-24-2002)
Wendell City Zoning Code
CHAPTER 3
RESIDENTIAL DISTRICT
5-3-1: USES:
Accessory buildings and uses.
Dwellings, providing there shall not be more than one residential building on each lot (parcel).
The planning commission may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood from damage, hazard, nuisance or other detriment:
The following special uses may be permitted in a residential zone:
Duplexes, multi-family and manufactured home parks.
Home occupations in conformance with section 5-13-1 of this title; provided, however, that any individual operating a Home Occupation, without first obtaining a special use permit, which was in existence and operating prior to March 02, 2023, shall be permitted to continue operating said Home Occupation upon registering with the city clerk or designee on or before April 07, 2023, and by providing such information regarding the Home Occupation as may be required by the city. Failure to register with the city clerk or designee on or before April 07, 2023, shall result in termination of the right to continue operating a Home Occupation without first obtaining a special use permit.
Neighborhood commercial uses serving the local residents.
Nursing or convalescent homes, assisted living facilities.
Planned unit developments.
Private kindergarten or daycare or nursery, private schools.
Public utilities and public service uses or structures.
Religious institutions, including places of worship, schools and convents.
Other uses deemed similar by the city to the uses above may be considered under a special use application. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018; Ord. 547-2023, 3- -2023)
5-3-3: LOT (PARCEL) AREA:
(A) Minimum Per Dwelling Unit: The minimum lot (parcel) area per dwelling unit shall not be less than six thousand two hundred fifty (6,250) square feet.
(B) Minimum For Nonresidential Uses: The minimum lot (parcel) area for uses other than residential shall not be less than nine thousand (9,000) square feet.
(C) Additional Dwelling Units (duplex, triplex, fourplex): The minimum lot (parcel) area for each additional dwelling unit exceeding a one-family dwelling shall not be less than two thousand (2,000) square feet per unit and provided there shall not be more than one residential building on each lot (parcel). (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)
5-3-4: YARDS:
(A) Front Yards: A front yard shall be provided of a depth of not less than twenty feet (20') in occupied areas, except where a building exceeds thirty five feet (35') in height, in which case the front yard shall be increased one foot (1') in depth for each five feet (5') the building height exceeds thirty five feet (35').
(B) Rear Yards: A rear yard shall be provided of a depth of not less than thirty feet (30'), except where a building exceeds thirty five feet (35') in height, in which case the rear yard shall be increased one foot (1') in depth for each five feet (5') the building height exceeds thirty five feet (35').
(C) Side Yards: Side yards for residential uses shall be required. No part of any residence or attachment thereto, shall extend, or be, closer than seven feet (7') from the edge of the side property line. All parts of each residence, including eaves, shall be at least seven feet (7') from the side property line, measured as if the side property line extended vertically for an indefinite distance.
(D) Rear yard setbacks from the alley property line three feet (3') to any structure measured from the eve line.
(E) The minimum lot (parcel) area for uses other than residential shall not be less than 9,375 square feet. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)
5-3-5: OFF STREET PARKING:
(A) Each dwelling shall have a driveway or parking space for not less than two (2) motor vehicles with an approach from the street or alley.
(B) All other parking shall be as required by chapter 10 of this title. (Ord. 431, 10-24-2002)