Chapter 17.68 — R-E ESTATE SINGLE-FAMILY RESIDENTIAL DISTRICT

The R-E district is intended to provide for the development of low density, quality single-family residences on estate-sized lots, while allowing for the keeping of horses and other animals and the provision of community equestrian amenities. Also, these estate-sized lots are intended to minimize the impact of development in environmentally sensitive areas which are not appropriate for higher density development.

(Code 1987 § 17.20.010; Ord. 772 § 17.20.010, 1986; Ord. 997, 1995)

Uses permitted in this district shall include those uses listed below when developed in compliance with the purpose and intent of this chapter. Each use shall be evaluated in terms of its design characteristics and specific site location pursuant to the provisions of LEMC § 17.415.050 and § 17.415.060 .

• A. Single-family detached dwelling units: one dwelling unit per lot.

• B. Accessory uses and structures pursuant to LEMC § 17.68.040 .

• C. Large and small family day care and residential care facilities pursuant to LEMC § 17.415.130 .

• D. Public utility distribution and transmission facilities excluding private radio, television, and paging antennas and towers.

• E. Government buildings and service facilities.

• F. Public parks and/or playgrounds.

• G. Structures and installations necessary to the conservation and development of water resources and/or the control of flooding.

H. Manufactured houses in compliance with the provisions of Chapter 17.44 LEMC. (Code 1987 § 17.20.020; Ord. 772 § 17.20.020, 1986; Ord. 1086 § 5, 2002; Ord. 1415 § 3 (Exh. F §§ 13, 14), 2019)

It is recognized that certain uses while similar in characteristics to permitted uses in LEMC § 17.68.020 may have the potential to impact surrounding properties and therefore require additional approval and consideration. Such uses to be permitted in the R-E district shall require a use permit pursuant to LEMC § 17.415.070 and shall include the following:

• A. Reserved .

• B. Reserved .

• C. Country clubs, swimming and tennis clubs, and golf courses.

• D. Keeping of exotic animals or birds, or more than six weaned dogs and/or cats, other than provided in this chapter on the same lots as a permitted dwelling for pets only and not for

commercial purposes. The Planning Commission shall impose adequate limitations to assure that the residential character of the property and neighborhood are maintained.

• E. Places of religious assembly or institution located on a site at least one acre in size.

• F. Agricultural and horticultural uses, for commercial purposes (not including the private boarding of animals and the sale of excess agricultural and horticultural products grown on the premises, subject to the restrictions specified within LEMC § 17.68.040(A)(5) and (6), respectively).

• G. Community centers and recreation buildings located on a site at least one acre in size.

• H. Preschools, elementary, middle, junior high and high schools located on a site at least one acre in size.

(Code 1987 § 17.20.030; Ord. 772 § 17.20.030, 1986; Ord. 997, 1995; Ord. 1086 § 6, 2002; Ord. 1101 § 3, 2003; Ord. 1259 § 5, 2009; Ord. 1415 § 3 (Exh. F §§ 15, 16), 2019)

The following accessory buildings and uses may be located on the same lot with a permitted dwelling; provided, that they are found to be compatible with the residential character of the neighborhood and that any buildings or structures be harmonious with the architectural style of the main building. With the exception of open trellis-type patio covers and detached garages, all accessory buildings and/or structures shall be located only in rear yard areas or the enclosed portion of a side yard.

• A. Uses.

  1. Home occupations; subject to the completion and approval of an application for a home occupation issued by the Planning Department and compliance with the provisions of Chapter 17.48 LEMC.

  2. Noncommercial hobbies.

  3. Keeping of household pets (when no commercial activity is involved). For the purpose of this chapter, a "household pet" is an animal clearly considered customary to a residential use, e.g., dogs, cats, birds, and fish. Said pets shall be limited to a maximum of six weaned dogs and/or cats.

  4. Keeping of the following additional animals subject to the provisions of LEMC § 17.68.120 :

     • a. Equine, bovine, swine, sheep, or goats.

     • b. Birds or poultry (not including roosters), rabbits, and similar small domesticated animals.

  5. The private boarding of the above-permitted type of animals (not including commercial stables); provided, that the maximum number of animals permitted on the parcel is not exceeded.

  6. The cultivation of agricultural and horticultural products for private consumption. Some sale of excess products produced on the premises may be permitted under certain circumstances; provided, that the sale of these products is not done on the premises; and there are no stands, displays or signage associated with the sale of these products placed on site.

  7. Short-term rentals; subject to the completion and approval of an application for a short-term rental issued by the Director of Administrative Services or their designee and compliance with the provisions of Chapter 5.86 LEMC.

• B. Structures.

  1. Group I. Sheds, children's playhouses, and similar enclosures of less than 120 square feet provided they do not exceed a maximum height of six and one-half feet. Such structures may be located on the property line provided the design of the structure complies with the City's fire and building codes.

  2. Group II. Unenclosed structures such as noncommercial stables, corrals, and appurtenant facilities for the keeping of animals, carports, gazebos, and patio covers (both trellis-type and solid) as well as enclosed structures not included in Group I but containing less than 600 square feet of floor area such as sheds, cabanas, children's playhouses, and workshops, provided they do not exceed a maximum height of 15 feet and are located no closer than five feet to a property line, or 10 feet to a rear property line. Attached, enclosed structures in this category, such as garages and enclosed patios, shall be located no closer to a property line than the setback prescribed for the main dwelling unit.

ch as sheds, cabanas, children's playhouses, and workshops, provided they do not exceed a maximum height of 15 feet and are located no closer than five feet to a property line, or 10 feet to a rear property line. Attached, enclosed structures in this category, such as garages and enclosed patios, shall be located no closer to a property line than the setback prescribed for the main dwelling unit.

3. Group III. Garages, stables, enclosed patios, workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area, provided they are located no closer than 20 feet to a public right-of-way or trail and no closer than 10 feet to any other property line.

4. Group IV.

   • a. Antennas, satellite dishes, and similar devices utilized for noncommercial purpose, unless preempted by State or Federal law.

   • b. Swimming pools, jacuzzis, spas, and associated equipment; provided they may be permitted only within rear yard areas or the enclosed portion of a side yard. Pool equipment located within 10 feet of a property line shall be separated from the adjacent property by a minimum six-foot-high masonry wall. Otherwise there shall be no required setback provided the design and installation complies with the City's building codes.

Trellis-type patio covers may be located in the front yard area but shall encroach not more than 20 feet into the required setback.

(Code 1987 § 17.20.040; Ord. 772 § 17.20.040, 1986; Ord. 997, 1995; Ord. 1364 § 3, 2016; Ord. 1465 § 4 (Exh. B § 4), 2022)

Existing lots of record as of the date of adoption of the ordinance codified in this chapter, August 26, 1986, which do not comply with the required minimum lot standards contained herein may be used as a building site for a permitted use pursuant to the provisions of this chapter. Lots with less than the minimum required lot area shall not be permitted the keeping of animals beyond those permitted in the R-1 district.

(Code 1987 § 17.20.050; Ord. 772 § 17.20.050, 1986)

The minimum lot area for any new lot created in the R-E district shall be as follows:

• A. Standard lots: one-half acre (21,780 square feet).

• B. Flag lots: one-half acre (21,780 square feet) exclusive of any portion of the lot used for access.

• C. Exception (where adjacent to an existing lot(s) with a lower density zoning classification and/or a larger developed parcel(s)):

Whenever a lot is adjacent to a lower density zoning district or to an existing developed parcel with a larger lot size than required in the R-E district, a transition or buffer shall be provided between the adjacent property and a new subdivision, which may include, but is not limited to, lot size, lot width, lot depth, increased setbacks, or slopes. The purpose of this transition shall be to minimize the disparity between different densities of development. The adequacy of this transition shall be subject to the review and approval of the Planning Commission and City Council on a case-by-case basis.

• D. In the implementation of subsection (C) of this section, any change in a lot size which would leave the lot at a size at least 75 percent the size of the largest adjacent developed lot will be presumed appropriate, absent unusual circumstances. Any application to change a lot to a size lower than said 75 percent standard will be permitted only upon a showing of good cause. It is the intent of this subsection to set a standard but also to allow flexibility.

(Code 1987 § 17.20.060; Ord. 772 § 17.20.060, 1986; Ord. 993, 1995; Ord. 997, 1995)

The minimum street frontage width for any new lot created in the R-E district shall be as follows:

• A. Standard lots: 100 feet.

• B. Knuckle or cul-de-sac lots: 50 feet; provided the average width is 100 feet.

• C. Flag lots: 25 feet; provided the average width of the principal portion of the lot is 100 feet. (Code 1987 § 17.20.070; Ord. 772 § 17.20.070, 1986; Ord. 997, 1995)

The following minimum setbacks shall apply to all new construction within the R-E district:

• A. Front yard: 30 feet; provided, however, that turn-in entry garages may encroach to within 20 feet of the front property line.

• B. Side Yard.

  1. Main dwelling unit: Adjacent to interior lot lines there shall be a minimum side yard of 15 feet. Adjacent to a public right-of-way the minimum side yard shall be 20 feet.

  2. Accessory structures: In the rear one-half of the lot, as specified in LEMC § 17.68.040 , otherwise the same as required for the main dwelling unit with the exception that where straight-in entry garage gains access via the side yard, the setback shall be 22 feet.

• C. Rear Yard.

  1. Main dwelling unit: 50 feet.

2. Accessory structures: As specified in LEMC § 17.68.040 , with the exception that where straight-in entry gains access via the rear yard, the setback shall be 22 feet.

(Code 1987 § 17.20.080; Ord. 772 § 17.20.080, 1986; Ord. 997, 1995)

The maximum lot coverage in the R-E district shall be 25 percent. (Code 1987 § 17.20.090; Ord. 772 § 17.20.090, 1986; Ord. 997, 1995)

Except as otherwise provided for accessory structures, the maximum building height in the R-E district shall be 30 feet.

(Code 1987 § 17.20.100; Ord. 772 § 17.20.100, 1986; Ord. 997, 1995)

The minimum dwelling unit size within the R-E district shall be 1,500 square feet exclusive of garage area. However, for new tract construction, at least 20 percent of the total number of units within any phase shall exceed the minimum square footage by 15 percent. (Code 1987 § 17.20.110; Ord. 772 § 17.20.110, 1986)

The keeping of animals as permitted in LEMC § 17.68.040(A)(4) in the R-E district on the same lot with a permitted use is permitted subject to the following:

• A. The minimum lot area required to maintain the following aggregate number of animals shall be one-half acre (21,780 square feet):

  1. Two equine, bovine, swine, sheep, or goats shall be permitted for the first one-half acre, with an additional two animals allowed for the next one-half acre (for a total of four animals for the first full acre). An additional two animals will be allowed for each additional acre thereafter.

  2. Twelve birds or poultry (not including roosters), rabbits, or similar small domesticated animals shall be permitted on any parcel one-half acre or larger. Any additional animals of this type will only be permitted with the approval of a conditional use permit (CUP).

• B. For new subdivisions intended for equestrian estates, the Planning Commission may require that all lots shall have direct access to an equestrian trail with a minimum width of eight feet.

• C. All lots, upon which equine, bovine, swine, sheep, or goats are kept, shall be provided with a corral a minimum of five feet in height and containing a minimum area of 196 square feet for each animal. For equines, a solid-cover shelter with a minimum coverage of 80 square feet for each animal shall be provided within the corral area.

• D. All animals shall be maintained a minimum of 35 feet from any dwelling unit on the lot upon which they are located, a minimum of 50 feet from any dwelling unit on a neighboring lot, and a minimum of 10 feet from any public right-of-way or trail.

(Code 1987 § 17.20.120; Ord. 772 § 17.20.120, 1986; Ord. 997, 1995)

The provisions of Chapter 17.148 LEMC shall be used to determine the required parking for development in the R-E district.

(Code 1987 § 17.20.130; Ord. 772 § 17.20.130, 1986; Ord. 997, 1995)

The provisions of Chapter 17.196 LEMC shall be used to determine permitted signs in the R-E district.

(Code 1987 § 17.20.140; Ord. 772 § 17.20.140, 1986; Ord. 997, 1995)

No building permits shall be issued for the construction of any building or structure in the R-E district until the applicant has obtained design review approval pursuant to the provisions of LEMC § 17.415.050 and § 17.415.060 . The following exemptions shall apply:

• A. Additions or alterations to an existing structure which do not change the use from one permitted in the district and which do not increase the floor area by more than 50 percent.

• B. Groups I, II and IV accessory structures.

• C. Fences and walls.

Although these, the above exempted structures, do not need formal design review approval, their proposed location and design must still be approved by the Director of Community Development or his designee prior to construction or installation.

(Code 1987 § 17.20.150; Ord. 772 § 17.20.150, 1986; Ord. 997, 1995; Ord. 1415 § 3 (Exh. F § 17), 2019)

Chapter 17.44 LEMC contains residential development standards applicable to all projects within the City regardless of zoning district. It is therefore important that the provisions of Chapter 17.44 LEMC be considered together with the regulations contained herein for the R-E district. (Code 1987 § 17.20.160; Ord. 772 § 17.20.160, 1986; Ord. 997, 1995)