CHAPTER 7

RESIDENTIAL ZONES

ARTICLE C.  R-4-8000 RESIDENTIAL ZONE

SECTION:

11-7C--1:		Legislative Intent
11-7C--2:		Permitted Uses
11-7C--3:		Permitted Conditional Uses
11-7C--4:		Area And Frontage Requirements
11-7C--5:		Access Requirements
11-7C--6:		Location Requirements
11-7C--7:		Height Of Buildings
11-7C--8:		Utility Requirements
11-7C--9:		Dwelling Requirements
11-7C-10:		Special Provisions !2R!

11-7C-1:		LEGISLATIVE INTENT:

A.	The R-4-8000 residential zone has been established for the purpose of providing a location within the city where multiple-family dwellings up to a maximum of four (4) units can be located most appropriately. This zone is characterized by a variety of dwelling types and somewhat denser residential environment than is characteristic of the other residential zones. However, attractive lawns, shrubs, trees, and other landscape plantings around the houses and parking areas are also characteristic of this zone. It is anticipated that the total land area assigned to this zone will be relatively small and will be distributed throughout the central townsite area where the higher density development can be best accommodated and where the commingling of various types of residential uses, churches and schools can occur with minimum disruption of traditional development patterns.

B.	Representative of the uses of this zone are one-, two-, three- and four-family dwellings mingled with churches, schools and parks. Office buildings, retail, wholesale, commercial and industrial uses are not permitted in this zone.

C.	The specific regulations necessary for the accomplishment of the zone are hereinafter set forth. (Ord. 9-7-2000, 9-7-2000)

11-7C-2:		PERMITTED USES:

The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title, but shall not subject to the imposition of any additional conditions except where the conditions of FPO floodplain overlay zone apply:

Churches.

Fences, walls and hedges subject to the requirements of section 11-11-14 of this title.

Household pets, not including kennels.

One-, two-, three- and four-family dwellings; conventional construction.

One-, two-, three- and four-family dwellings; manufactured homes.

Public agency parks and playgrounds.

Public schools, buildings and grounds, not including storage yards and repair shops.

Residential accessory structures, customary.

Temporary signs, advertising the sale of the premises, not exceeding twelve (12) square feet. (Ord. 9-7-2000, 9-7-2000; amd. 2004 Code)

11-7C-3:		PERMITTED CONDITIONAL USES:

The following buildings, structures and uses of land shall be permitted upon compliance with the applicable requirements of this title and after approval has been given, in the form of a conditional use permit, by the designated reviewing agencies (approval of other agencies or levels of government may be required):

Bed and breakfast inns, subject to the provisions of section 11-11-20 of this title.

Earth shelter home projects, subject to the provisions of section 11-11-22 of this title and the prior approval of a site plan in accordance with the provisions of section 11-11-21 of this title.

Home occupations, subject to the provisions of section 11-11-18 of this title.

Planned residential developments and residential condominium projects subject to the applicable provisions of chapter 14 of this title.

Premises occupations, subject to the provisions of section 11-11-19 of this title. (Ord. 9-7-2000, 9-7-2000)

11-7C-4:		AREA AND FRONTAGE REQUIREMENTS:

The minimum area and frontage requirements of a zoning lot shall be as follows:

	Main Use		Minimum Area		Minimum Frontage

One-family dwellings	8,000 sq. ft.	80 ft. (interior lot)
				85 ft. (corner lot)

Two-family dwellings	10,000 sq. ft.	90 ft.

Three-family dwellings	12,000 sq. ft.	98 ft.

Four-family dwellings	14,000 sq. ft.	106 ft.

Churches	2 acres	214 ft.

Schools	4 acres	214 ft.

(Ord. 9-7-2000, 9-7-2000)

11-7C-5:		ACCESS REQUIREMENTS:

Each lot shall abut upon and have direct access to a city street. The length of said abutting side shall be not less than the minimum frontage requirement of the zone, except that the length of said abutting side may be reduced to not less than forty feet (40') when:

A.	The lot is a "flag lot"; provided, that the portion of the lot, exclusive of the drive, is not less than the minimum frontage and area requirement of the zone; or

B.	The lot fronts upon a cul-de-sac or curve in a designated city street and the lot lines radiate in such a manner that the width of the lot will meet or exceed the minimum frontage requirements of the zone at a distance of forty feet (40') from the front lot line as measured along the side lot line. (Ord. 9-7-2000, 9-7-2000)

11-7C-6:		LOCATION REQUIREMENTS:

A.	Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:

1.	Front Setback: All dwellings and other main buildings shall be set back not less than twenty five feet (25') from the front lot line. On lots approved in conformance with the provisions of subsections 11-7C-5A or 11-7C-5B of this article, the front setback shall be the distance from the front lot line at which the minimum width requirements are met, but in no case shall the setback be less than twenty five feet (25').

2.	Side Setback:

a.	Interior Lots: All dwellings and other main buildings including any attached carport, garage, or similar structure, shall be set back not less than eight feet (8') from either side lot line, and the combined total distance of the two (2) side setbacks shall be not less than twenty feet (20'), except that where the lot is eighty five feet (85') or less in width, as measured at the front setback line, the combined total distance of the two (2) setbacks shall be reduced to not less than sixteen feet (16').

b.	Corner Lots, Side Abutting A Street: All dwellings and other main buildings shall be set back not less than twenty feet (20') from the side lot line which abuts on a street.

3.	Rear Setback:

a.	Interior Lots: All dwellings or other main buildings shall be set back not less than thirty feet (30') from the rear lot line.

b.	Corner Lots: All dwellings and other main buildings shall be set back not less than twenty five feet (25') from the rear lot line.

B.	Accessory Buildings: All accessory buildings shall be located in accordance with the following:

1.	Front Setback: Where no main building exists on a lot, an accessory building shall be set back not less than seventy five feet (75') from the front lot line. For lots where accessory buildings exist in addition to a main building, said accessory buildings shall be set back not closer to the front lot line than the rearmost wall of the main building; provided, however, that certain accessory buildings for the incidental storage of household materials and yard care and gardening tools and equipment may be located in the side yard area of a residential lot on the side of the home not used for driveway and/or automobile parking purposes, subject to compliance with all of the following conditions:
a.	The lot on which the accessory building is located is not a corner lot;

b.	No portion of the accessory building shall be located in front of the front main wall of the main building;

c.	The building shall contain a total area of not more than one hundred twenty (120) square feet and have a maximum height of six and one-half feet (6^1/_2');

d.	The building shall be capable of ready removal (upon 24 hours' notice) and shall not be constructed using footings and foundations; and

e.	The side yard containing the accessory building shall be fenced on the front and side with a six foot (6') fence, which shall not extend in front of the front main wall of the main building.

2.	Setback From Main Building: Accessory buildings shall be located not closer than twelve feet (12') to the closest wall of a main building. (Ord. 9-7-2000, 9-7-2000)

3.	Setback From Street, Corner Lot: Accessory buildings shall be set back not less than twenty five feet (25') from any lot line which abuts on a public street, except that no accessory building may be placed closer to a public street than any existing main building on the same lot. (Ord. 2004-6, 11-10-2004)

4.	Side And Rear Setback, Interior Lot: Accessory buildings shall be set back not less than five feet (5') from the lot line, except that no minimum side setback shall be required when all the following conditions are met:

a.	The accessory building is located more than twelve feet (12') from an existing dwelling on the same or an adjacent lot;

b.	The accessory building contains no openings on the side facing the lot line;

c.	No drainage from the roof will be discharged onto an adjacent lot;

d.	The accessory building shall be constructed of noncombustible materials or have fire resistive walls rated at two (2) hours or more; and

e.	The accessory building shall not occupy space designated as a utility easement or space already occupied by any underground utility pipes, cables or lines. (Ord. 9-7-2000, 9-7-2000)

11-7C-7:		HEIGHT OF BUILDINGS:

A.	Maximum: The maximum height of any building (measured from grade of building to the square of the building) shall be twenty feet (20') or two (2) stories, whichever is higher. Where the ground or the square of the building is uneven in height, the average elevation thereof shall apply. Roofs above the square, chimneys, flag poles, television antennas, church towers, and similar structures not used for human occupancy are excluded in determining height.

B.	Minimum: The minimum height of any building used as a dwelling shall be not less than eight feet (8') (measured from grade of building to the square of the building), except when approved as an earth shelter home project. (Ord. 9-7-2000, 9-7-2000)

11-7C-8:		UTILITY REQUIREMENTS:

All dwellings and other structures to be used for human occupancy shall be served by the city water, sewer and pressurized irrigation system; provided, that upon a showing of good and sufficient cause, the city council may waive the irrigation system requirements. (Ord. 9-7-2000, 9-7-2000)

11-7C-9:		DWELLING REQUIREMENTS:

A.	Minimum Area: The ground floor of any one-family dwelling shall contain not less than eight hundred (800) square feet of living area. For a two-, three- or four-family dwelling, the minimum ground floor area shall be not less than one thousand six hundred (1,600) square feet. No dwelling unit shall contain less than eight hundred (800) square feet of living area.

B.	Minimum Dimension: The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than twenty feet (20'). Nonliving spaces such as garages, porches and sheds shall not be included in determining compliance with this requirement. (Ord. 9-7-2000, 9-7-2000)

11-7C-10:		SPECIAL PROVISIONS:

A.	Site Plan: Prior to the issuance of a building permit for any dwelling containing three (3) or more units, a site plan shall be submitted and approved in accordance with the provisions of section 11-11-21 of this title.

B.	Parking: Not less than two (2) off street parking spaces shall be provided for each dwelling unit. (Ord. 9-7-2000, 9-7-2000)