§ 17.4.204. R-1-9000 residential zone.

A.

Intent. The R-1-9000 residential zone has been established for the purpose of providing a place where one family detached dwellings on spacious individual lots can be constructed having attractively landscaped yards and a favorable environment for family life. Uses such as high density apartment houses and commercial and industrial uses are not permitted in this zone.

B.

Permitted uses. The following buildings, structures, and uses of land shall be permitted upon compliance with the applicable requirements of this code:

1.

One-family dwellings (conventional construction and manufactured housing), subject to the provisions of Section 17.5.129.

2.

Customary residential accessory buildings and structures.

3.

The growing of crops in the field.

4.

Sheds used for storage of equipment used in connection with agricultural activities on the premises.

5.

Utility lines.

6.

Accessory signs in accordance with the applicable provisions of Section 17.5.128.

7.

Public and parochial schools and grounds.

8.

Public agency parks and playgrounds.

9.

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

10.

Churches.

11.

Customary household pets, but not including kennels.

12.

Fences, walls, and hedges subject to the requirements of Section 17.5.115 of this code.

13.

Accessory apartments subject to the requirements of Section 17.5.134 of this code.

C.

Conditional uses . The following buildings, structures, and uses of land shall be permitted upon compliance with the applicable requirements of this code and after approval has been given by the designated review agency.

1.

Home occupations subject to the provisions of Section 17.5.123 of this code.

2.

Residential facility subject to the provisions of Chapter 17.15 of this code.

3.

Temporary uses, subject to the provisions of Section 17.5.122 of this code.

4.

Historic building conservation projects, subject to the applicable provisions of 17.7.801 of this code.

5.

Pre-schools and child care nurseries - quasi-public, subject to the standards and conditions set forth under Section 17.6.111.

6.

Pre-schools and child-care nurseries - residential, subject to the following:

a.

The number of children in attendance shall not exceed ten at any one time;

b.

The use and facilities appurtenant thereto shall comply with and shall have been approved as a home occupation; and

c.

The submission of copies of permits or approvals from the state department of human services or other recognized approval agency or evidence of imminent approval by such agency (when such approval is required by state law or regulation).

7.

Foster care homes containing not more than two non-related foster care occupants.

8.

Planned unit developments and residential condominium projects subject to the applicable provisions of Section 17.7.501 of this code.

9.

Low power radio service antenna facilities, subject to the provisions of Section 17.6.112 of this code.

10.

Private home/charter schools, subject to the provisions of Section 17.6.113.

11.

Senior housing projects, subject to the provisions of Section 17.7.506.

D.

Lot area, width and depth requirements. The minimum area, width and depth requirements for a zoning lot within the zone shall be as follows:

Use	Minimum Area (in sq. ft.)	Minimum Width (at minimum setback line)	Depth of Lot (in feet)
One-family dwellings	9,000	90	100
Churches	2 acres	250	none

 

E.

Location requirements.

1.

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

a.

Front setback. All dwellings and other main buildings shall be setback not less than thirty feet from the front lot line which abuts on any existing or proposed public street, except that a portion of a dwelling may project up to five feet into the required front setback area, provided that the width of the projecting portion shall not exceed thirty percent of the width of the dwelling.

b.

Side setback—Interior lots. All dwellings and other main buildings including any attached garage or similar structure shall be set back not less than eight feet from either side lot line and the combined total distance of the two side setbacks shall be not less than eighteen feet, except that where a garage or carport is attached to the side of a dwelling, the minimum required setback for such garage or carport may be reduced to not less than six feet, as measured from the lot line to the closest part of the building, and the combined required distance of the two side setbacks shall be not less than fourteen feet.

c.

Side setback—Corner lots—Side abutting a street. All dwellings and other main buildings shall be set back not less than twenty feet from the side lot line which abuts on any existing or proposed public street.

d.

Rear setback—Interior lots. Dwellings and other main buildings and structures shall be set back not less than thirty feet from the rear lot line, except that a portion of a dwelling may project up to five feet into the required rear setback area, provided that the width of the projecting portion shall not exceed fifty percent of the total width of the dwelling.

e.

Rear setback—Corner lots. All dwellings and other main buildings shall be set back not less than thirty feet from the rear lot line, except as follows: (i) a portion of a dwelling may project up to five feet into the required rear setback area, provided that the width of the projecting portion shall not exceed fifty percent of the total width of the dwelling, or (ii) where a garage is attached to the rear of the dwelling, the required rear setback for said garage may be reduced to not less than twelve feet, as measured from the rear lot line to the closest part of the garage, or (iii) a portion of a dwelling may project up to fifteen feet into the required rear setback area, provided that the width of the projecting portion shall not exceed fifty percent of the total width of the dwelling and the rear area of the corner lot abuts a side setback of an adjacent lot.

2.

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

a.

Setback from main building—Front setback. Accessory buildings shall be set back not less than twelve feet to the rear of the closest rear wall of the main building, and not less than twelve feet from the closest side wall of the main building. Accessory buildings which are located twelve feet or closer to a main building shall be considered as part of the main building. Where no main building exists on a lot, a detached accessory building shall be set back not less than seventy-five feet from the front lot line.

b.

Side setback—Corner lot—Side abutting a street. Accessory buildings shall be set back not less than forty feet from the side lot line which abuts on a street.

c.

Side and rear setback—Interior lot line. Accessory buildings shall be set back not less than five feet from the lot line, except that no minimum side setback shall be required when all the following conditions are met:

(1)

The accessory building is located more than twelve feet from an existing dwelling on the same or an adjacent lot.

(2)

The accessory building contains no openings on the side contiguous to the lot line.

(3)

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

(4)

The accessory building shall have fire resistive walls rated at one hour or more.

(5)

The building will not be placed on land designated as a utility easement.

3.

Exceptions and limitations. Notwithstanding the provisions of paragraphs 1.d. and 1.e. of this subsection relating to encroachment into the rear setback area, the combined area occupied by any portion of a dwelling projecting into the rear setback area, and any portion of an attached garage located closer than thirty feet to the rear lot line, and any detached accessory building located within the rear setback area, shall not exceed thirty percent of the required rear setback area of the lot.

F.

Dwelling requirements.

1.

Height of dwellings. The maximum height of any dwelling shall be thirty-six feet, measured in accordance with the criteria set forth under Section 17.5.130, as may be modified by the following:

a.

Chimneys, flag poles, television antennas, and similar ancillary structures not used for human occupancy shall be excluded in determining height.

b.

The building inspector may approve a dwelling having a greater maximum height, provided, that the dwelling will be set back from all appurtenant lot lines (or footprint lot boundaries where applicable) a distance two feet for each additional foot of dwelling height.

2.

Size of dwelling. Each dwelling shall have a minimum building footprint area of not less than nine hundred square feet, not including any portion of the footprint area occupied solely by a garage, carport, porch, breezeway or similar area not used as a living area.

3.

Width of dwelling. The minimum width of a dwelling shall be twenty feet, as measured from the outside wall at the narrowest point of the first story, exclusive of any garage, porch, shed or similar area not considered as living area. The width shall be considered the lesser of the two primary dimensions.

4.

Corner clearance for driveways. Any driveway providing access to a corner lot shall adhere to the standards as set forth in Figure 17.5.110-B, entitled "Minimum Standards for Corner Clearance of Residential Driveways."

G.

Special provisions. Special provisions shall apply in this zone in order to protect its essential characteristics.

1.

The space required around buildings and structures shall be kept free from refuse and debris.

2.

All buildings used for human occupancy shall be furnished with a public water supply and shall be constructed in accordance with the adopted building, plumbing, electrical, fire prevention, and similar codes.

3.

All buildings and uses within this zone shall comply with all applicable supplementary development standards as set forth in this code.

4.

At least seventy percent of the area contained within a required front yard or side yard adjacent to a street shall be landscaped.

(Ord. No. 94-08-31; Ord. No. 01-06-32; Ord. No. 2000-12-40; Ord. No. 03-05-17; Ord. No. 04-02-01; Ord. No. 2014-01-02 , § 1, 1-14-2014; Ord. No. 2015-04-25 , pt. I, § 1, 4-14-2015; Ord. No. 2015-11-72 , pt. I, § 2, 11-10-2015; Ord. No. 2016-06-31 , pt. I, § 2, 6-14-2016; Ord. No. 2017-09-48 , § 7, 9-12-2017)