[Code 1975, § 39-47; Code 1992, § 32-176]
The R-1 Single- and Two-Family Residential District is established
as a district in which the principal use of land is for single- and
two-family dwellings. For the R-1 District, in promoting the general
purpose of this chapter, the specific intent of this section is to:
(1)
Encourage the construction and the continued use of the land for
single- and two-family dwellings.
(2)
Prohibit business, commercial or industrial use of the land and prohibit
any other use which would substantially interfere with development
or continuation of single- and two-family dwellings in the district.
(3)
Encourage the discontinuance of existing uses that would not be permitted
as new uses under this chapter.
(4)
Discourage any land use which would generate traffic on minor or
local streets other than normal traffic generated by the residences
on those streets.
[Code 1975, § 39-48; Code 1992, § 32-177; 8-13-2001 by Ord. No. 1188; 10-24-2016 by Ord. No. 16-005]
In the R-1 District, no uses shall be permitted, unless otherwise
provided in this chapter, except the following:
[Code 1975, § 39-49; Code 1992, § 32-178; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord.
No. 1280; 5-24-2010 by Ord. No. 1311; 6-25-2012 by Ord. No. 1337; 10-24-2016 by Ord. No. 16-005; 10-9-2017 by Ord. No. 17-015]
The following uses shall be permitted in the R-1 District subject
to the conditions imposed and subject further to the approval of the
Planning Commission:
(1)
All permitted uses after special approval in the R District, subject
to the terms and conditions therein.
(2)
Professional or business office approval shall be conditioned upon the meeting of the building height limit, side yard width, rear yard depth, front yard depth and plat coverage required in the district in which the site is located and conditioned further that the automobile parking spaces shall be in accordance with § 52-772. If there is a question as to whether or not a use is indeed an office, the Planning Commission shall decide first if an occupation is suitable as an office per the definition before the special permit is granted.
A professional office shall not be located in the same structure
or on the same lot as a residential use. If an existing residential
structure is converted to an office, the entire structure shall be
used for said office. Said building shall be renovated according to
the existing building code for a commercial use, including barrier-free
codes. The parking lot shall be paved, drained, and screened from
any adjacent residential use.
(3)
A temporary building for commerce or industry for a period of not
more than one year, when incidental to the erection or servicing of
structures or uses permitted in such districts.
(4)
Governmental uses when found to be necessary for the public health,
safety, convenience or welfare.
(5)
Family child care home, state licensed for six or fewer children,
subject to the following conditions:
a.
For each child cared for, there shall be provided and maintained
a minimum of 100 square feet of outdoor play area. Such play area
shall have a total minimum area of at least 1,200 square feet, shall
be in the rear yard and shall be enclosed with a minimum of a six-foot-high
solid screen-type fence.
b.
Off-street parking shall be provided in accordance with the requirements of Article VI of this chapter.
c.
A site survey shall be submitted showing the location of the dwelling,
play area, and parking.
d.
No signage is allowed.
(6)
Commercial boat wells, provided that the number of commercial boat
wells does not exceed one well for each 25 feet of lot water frontage
and that one off-street parking space in addition to private residence
is provided per boat well. No private water, sanitary or similar services
may be provided. Appropriate permits, as necessary, must be obtained
from the United States Army Corps of Engineers and/or the Department
of Environmental Quality as required prior to issuance of special
approval use permit.
(8)
Additions or expansions to existing parking lots for businesses allowed
after receiving a special approval use permit, or multifamily uses,
subject to the following conditions:
a.
Said parking lot must be on the same property as the existing business
or multifamily use it is intended to serve or adjacent to an existing
parking lot. A renovation of an existing lot does not need a special
approval use permit, only the expansion of said lot.
b.
Such parking lot shall be used only for the parking of vehicles with
no repair work or servicing of any kind.
c.
Adequate lighting shall be provided and so arranged or reflected
away from residences in the area as to cause no annoying glare to
such residential property.
d.
There is, or will be, a reasonable need for such parking lot to prevent
congestion, traffic hazard, and undesirable use of contiguous residentially
zoned streets for parking purposes.
e.
No advertising signs shall be erected upon such lot, except not more
than one sign at each entrance to indicate the operation and purpose
of the lot. Such signs shall not exceed six square feet in area and
shall not extend four feet in overall height above the ground and
shall not project beyond the portion of the property which may be
lawfully used for such parking lot.
f.
A solid masonry wall or other barrier of material approved by the
Planning Commission, five feet in height, shall be constructed and
maintained along those property lines separating the parking lot from
adjoining residentially zoned property, except that the height limit
may be reduced to three feet where the adjoining property line is
a public street.
g.
Such parking lot shall comply with all applicable requirements for parking lot layout, construction and maintenance as set forth in Article VI.
h.
Setbacks for parking lots shall conform to those setbacks for buildings
in the front and side yards. Rear yard setbacks for parking lots shall
be five feet from the property line.
(9)
A certified, registered residential rental unit that is rented for less than 30 days, such as a vacation rental, home sharing, or any other transient residential occupancy as defined by this chapter, is allowed after special approval and a public hearing of Planning Commission. The unit must be a certified residential rental unit in conformance with Chapter 10, Buildings and Building Regulations, Article V, Rental Certification, of the City Code of Ordinances. A site plan shall be submitted to indicate parking on the property. The Planning Commission has the right to impose contingencies, such as a screening fence, on the property. Hotels and motels are not allowed.
Site plan review is required per the requirements of § 52-697 for any permitted use allowed after special approval, and any nonresidential principal permitted use.
[Code 1975, § 39-50; Code 1992, § 32-179]
Area, height, bulk and placement requirements in the R-1 District, unless otherwise specified, are as provided in § 52-621 pertaining to the Schedule of Regulations.
