Sec. 26-46. - Development standards for R-A and R-1 zones.

New land uses, structures, and site development including alterations to existing land uses, structures, and site development within residential zoning districts shall be designed and constructed in compliance with

the following requirements, and all applicable standards in article III (regulations applicable to all zones) and article IV (standards for specific land uses) of this Development Code.

(a)

Site size. In single-family residential districts, the minimum required building site area or width may be different from that set forth in the regulations of the district if so specific on the zoning district map. Such specifications shall be shown in the following manner:

(1)

A number preceding and connected by a hyphen with the district symbol shall designate the minimum required building site width in feed. (i.e. 130-R)

(2)

A number following and connected by a hyphen with the district symbol shall designate the minimum required building site area. Where the number is greater than one hundred (100), it shall indicate the area in square feet; where the number is less than one hundred (100), it shall indicate the area in net acres. (i.e. R- 1-6,000)

(3)

The size of sites in R-A and R-1 zones shall be governed by the following table:

Table 2-3 Minimum Lot Dimensions and Lot Area for R-A and R-1 Zones

(b)

Building coverage.

(1)

The maximum building coverage and floor area of all structures in the R-A and R-1 zones shall not exceed the standards set forth in Table 2-4.

Table 2-4 Allowable Building Coverage and Floor Area

(c)

Maximum front yard pavement coverage/driveways.

(1)

As used in this section, a "front yard" refers to all space between the main building (also the projection of the main building to the side property lines) and the front street property line. "Street side yard" refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the side street property line of a corner lot. All open areas within the front yard, except for legally permitted driveways and walkways, as set forth in this section, shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth by section 26-85 (general landscaping standards).

(2)

Paved walkways shall be separated with a minimum forty-two inch (42") wide landscaped area. The driveway and walkway area may be connected for a span no greater than forty-two inches (42") in width. There shall be no more than two (2) paved walkway areas within the front yard.

(3)

Review and approval of a new driveway is subject to approval of a driveway approach permit by the engineering division.

(4)

A primary driveway providing direct access from the street to a garage, carport, or required parking space(s) shall have a minimum length of twenty-two (22) feet, measured from the edge of the driveway apron.

(5)

The front yard driveway pavement shall be limited to the width of the garage or carport, plus an additional twelve (12) feet (cumulative width). In instances where the property does not have a garage or carport, the front yard driveway pavement shall be limited to twenty (20) feet in width for properties developed with primary single-family residential dwelling units. Urban lot split properties shall comply with article VIII (subdivision regulations). The installation of a circular/semicircular driveway shall require compliance with all standards listed within subsection (7), including the maximum primary driveway width. The installation of a secondary driveway shall require compliance with all standards and processes listed within subsection (8), including maximum primary driveway width.

(6)

Pavement in the front yard shall be constructed and maintained with permanent, load-bearing pervious or impervious surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. The use of pervious surfaces is encouraged to facilitate on-site infiltration of stormwater. Substitutions of paved materials for the additional paved areas are permitted if found to be substantially similar to the requirements of this article. In cases of irregularly shaped lots or sites hampered by topographical features, the additions shall be parallel to and/or concentric with the access drive. Pavement in a street side yard is permitted only where a garage or carport in the street side yard is oriented to the street or six-foot-high masonry block wall or solid fence screens the pavement from all street views. Unscreened pavement in street side yards shall be treated as pavement in front yards.

(7)

Circular drive additions are exempt from the provisions of subsection (5).

a.

New semicircular driveways are prohibited where the street frontage is less than seventy-five (75) feet.

b.

Properties without a garage are prohibited from installing and/or maintaining a semicircular driveway.

c.

The semicircular driveway portion shall not exceed twelve (12) feet in width.

d.

The paved primary driveway portion leading to the garage shall not exceed the width of the garage plus six (6) feet.

e.

A minimum of fifty (50) percent of the front yard shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth in section 26-85 (general landscaping standards).

(8)

Paved areas for secondary driveways are exempt from the provisions of subsection (5). The approval of a secondary driveway shall be subject to the granting of an administrative permit with hearing as set forth in article VI, division 6 of this chapter, and further subject to the following conditions:

a.

Properties without a garage are prohibited from installing a secondary driveway.

b.

The paved primary driveway portion leading to the garage shall not exceed the width of the garage.

c.

Approval of a secondary driveway by the planning division shall require a plan indicating the location and improvements of the secondary driveway and the paved parking area in the side or rear yard.

d.

The secondary driveway shall lead to a paved parking area intended for the parking or storage of vehicles in the side or rear yards which must be fully screened in compliance with section article III, division 6.

e.

The secondary driveway is strictly for the purpose of providing access to the rear or side yard for the purposes stated above. No vehicles may be parked or stored on the secondary driveway in the front yard.

f.

The maximum width of the secondary driveway shall be twelve (12) feet.

g.

The secondary driveway shall be made of grass-crete, turf-block, or similar material to allow grass/ground cover to grow in between the voids. The secondary driveway may be made of the same

concrete/pavers/material of the primary driveway if it is designed as a ribbon driveway with two (2) ribbon strips no wider than forty-two inches (42") for each strip and a minimum of forty-two inches (42") width of landscaping in between the ribbon strips and/or other paved areas.

h.

A minimum of fifty (50) percent of the front yard shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth in section 26-85 (general landscaping standards).

(d)

Single-family building height.

(1)

No building or structure shall have more than two (2) stories or be more than twenty-five (25) feet above finished grade.

a.

Hillside areas step massing. A maximum overall height of thirty-five (35) feet may be allowed for buildings which in stepping down the slope diminish bulk provided that no point around the perimeter exceeds twenty-five (25) feet and the natural slope is no less than fifteen (15) percent, subject to the approval of an administrative permit. A building is considered to step down the slope if the line connecting its corresponding components is no steeper than the average of the natural slope adjacent to the entire structure. A topographical survey prepared by a licensed surveyor shall be required as part of the administrative permit submittal. Projects that utilize more than two (2) terracing retaining walls and/or retaining walls greater than four (4) feet in height to create a flat building pad do not qualify for the allowable step massing height increase.

(2)

Chimneys, vents and other such incidental appurtenances shall conform to the standards set forth in section 26-65.

(3)

Subterranean garages shall not be included in the measurement of height nor counted as a story.

(4)

Buildings on lots in excess of twenty thousand (20,000) square feet may exceed the maximum height limit stated in subsection (a) by one (1) foot for every five hundred (500) square feet of floor area in excess of twenty-five hundred (2,500) square feet. Such increase in height shall increase the yard requirements on a foot-to-foot ratio, i.e., one (1) foot of additional height requires eleven-foot side yards and twenty-six-foot front and rear yards, five (5) feet of additional height requires fifteen-foot side yards and thirty-foot front and rear yards, however no structure shall exceed two (2) stories and thirty-two (32) feet maximum height.

(e)

Setback regulations for R-A and R-1 Zones, except as set forth in section 26-46(g).

(1)

Front yard setback.

a.

Determination of front yard setback on corner lots. On corner lots, the narrower street frontage is normally the front lot line. However, the Community Development Director or their designee may determine that a longer street frontage comprises the front lot line, in consideration of other factors including house orientation, orientation of nearby houses, and access.

b.

For flag-lots extending from a street or right-of-way to the building area of the parcel, the front yard setback measurement shall be taken from the nearest point of the wall of the structure or support post to the point where the access point or "flag pole" meets the bulk of the parcel along a continuous line, establishing a parallel setback line.

c.

Every lot or parcel zoned R-A or R-1 shall have a front yard not less than twenty-five (25) feet from the property line, except for lots with a gross lot area of 7,500 square feet which shall have a front yard setback of twenty (20) feet.

(2)

Side yard setback.

a.

Five (5) feet for lots less than fourteen thousand four hundred (14,400) square feet;

b.

Seven (7) feet for lots between fourteen thousand four hundred (14,400) and twenty thousand (20,000) square feet;

c.

Ten (10) feet for lots greater than twenty thousand (20,000) square feet;

d.

On any corner lot, no residence facing the side street shall be located within twelve and one-half (12½) feet of the side street property line.

e.

Reverse corner lots: Shall have the same side yard requirements as interior lots except the street side setback for the entire depth of the lot shall be no less than fifty (50) percent of the required front yard of the lot to the rear.

(3)

Rear yard setbacks for lots zoned R-A and R-1.

a.

Lots not exceeding an area of seven thousand five hundred (7,500) square feet shall have a rear yard setback of fifteen (15) feet.

b.

Lots seven thousand five hundred (7,500) square feet or more shall have a rear yard setback of twenty-five (25) feet;

c.

For lots within the Hillside Overlay Zone with graded pads, a minimum ten-foot substantially flat area for pedestrian and emergency access shall be provided between the rear of the house and the slope, measured perpendicularly from the structure (a one-story open patio cover may be located in the level area in compliance with other development standards). Legal nonconforming structures in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming structures were legally established and maintained.

(f)

Permissible coverage of required rear yards.

(1)

Sixty (60) percent of the required rear yard in R-A and R-1 zones shall remain open; and the remaining forty (40) percent of the required rear yard may be covered by single story construction with a height of no greater than fifteen (15) feet.

a.

Garages and/or storage sheds may exceed the fifteen (15) feet height limitation by no greater than five (5) feet, subject to an administrative review set forth article VI, division 6 (administrative permit), provided that the Community Development Director or their designee determines that the design of the proposed garage or storage shed is compatible with other structures on the property and is at least fifteen (15) feet away from any permitted structure and/or swimming pool located on a neighboring property.

b.

No construction shall be permitted within five (5) feet of the rear property line, except as set forth in article III, division 2 (accessory structures) and/or section 26-46(g).

(g)

Special setback requirements and/or exceptions to basic setbacks.

(1)

Nonhabitable accessory structures.

a.

All nonhabitable free-standing roofed accessory structures with a projected roof area of less than one hundred twenty (120) square feet or nonroofed structures with a total floor area of less than one hundred twenty (120) square feet, and no taller than seven (7) feet in height in yards which are screened by fencing or shrubs at least five (5) feet tall may encroach into the required interior side yard behind the main building, and the required rear yard.

b.

All nonhabitable free-standing roofed accessory structures greater than one hundred twenty (120) square feet and greater than seven (7) feet in height shall be set back 4'-0" from the interior side and rear property lines provided that provisions within sections 26-46(f) and 26-46(g) are complied with.

(2)

Flags and flagpoles shall be subject to the regulations found in article III, division 8.

(3)

Swimming pools, spas, and sports courts.

a.

Swimming pools, spas, sports courts, and other similar private recreation areas shall be setback a minimum of five (5) feet from the interior side and rear property lines.

1.

Swimming pool/spa setback shall be measured from the property line to the back of the bond beam.

2.

Sports court setback shall be measured from the property line to the sport court fencing and/or playing surface, whichever is closest.

b.

Pools/spas and sports courts may be permitted within the front yard through an administrative permit process provided that there is a minimum five (5) feet setback to adjoining properties, the City Engineer has determined that there will not be a line-of-sight safety concern and the Community Development Director determines that the lot configuration, building placement, and/or street location justify the proposed pool/spa location due to the uniqueness of the property.

c.

Temporary playing surfaces on grass and/or on the driveway are not regulated by this zoning code provided that the equipment is moved and stored out of the required setbacks after each use.

(4)

Mechanical equipment.

a.

Mechanical equipment (HVAC system, pool equipment, tanked water-heater, generator, or similar) shall be setback a minimum of five (5) feet from the side and rear property lines.

b.

Mini-split air-conditioning units, wall/window air-conditioning units, tankless water-heaters, or similar equipment may be located within the required side and rear setbacks provided that the equipment does not extend beyond the eave of the dwelling unit and is screened from public right-of-way views.

c.

In no case shall mechanical equipment be located within the front yard.

d.

All mechanical equipment shall be screened from public right-of-way views.

e.

Air conditioning and heating ducting shall not be exposed on roofs.

f.

Roof-mounted mechanical equipment may be allowed, subject to review by the Community Development Director (or their designee) and approval of an administrative permit as follows:

1.

The house is existing and does not have an attic;

2.

The unit is not visible from the street and can be screened from all ground level views;

3.

A detailed description of the screening material and construction method shall be provided and shall be architecturally compatible with the building.

(5)

Canopy structures.

a.

Canopy structures shall be prohibited in the front yard and street side yard (refer to section 26-46(d)), with the following exceptions:

1.

Canopy structures with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet shall be permitted within a street side yard area that is fully screened by fencing or shrubs at least five (5) feet in height.

2.

Canopy structures with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet shall be permitted in front yard and street side yard areas where located at a distance of fifty (50) feet or greater from the front or street side property line and/or which are not readily visible from the street (as determined by the Community Development Director or their designee) due to topographical conditions. Canopy structures shall be permitted in other areas of a lot with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet, with the exception that canopy structures encroaching into the interior side yard and/or the rear five (5) feet of the rear yard shall only be permitted with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet.

b.

Repair and maintenance. Canopy structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any canopy structure considered to be in disrepair, as determined by the Community Development Director or their designee, shall be repaired, replaced or removed from the site. Reflective, mirrored type, covering material shall be prohibited.

c.

Lot coverage. Canopy structures requiring the issuance of a building permit (i.e., those that are considered structures as defined by the Uniform Building Code) with a projected roof area of one hundred twenty (120) square feet or greater shall be considered building coverage and shall be included in calculations of maximum building coverage as set forth in section 26-46(c).

(6)

Animal keeping areas. A minimum separation of thirty-five (35) feet shall be maintained between a structure used for habitable purposes, swimming pool or spa and animal keeping areas. Animal keeping areas shall include barns, corrals, or stables, to maintain a horse or any other animal mentioned in section 26-111. Legal nonconforming uses or buildings in existence prior to June 14, 2012 that do not fully meet the stated separation requirements, may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming uses and buildings were legally established and maintained.

Any addition to, or expansion of, such structures, however, shall cause the stated separation requirements to apply.

(7)

The provisions of this section shall not be construed to limit or interfere with the authority of homeowner associations that determine that such encroachments are undesirable in their particular case to incorporate the prohibition of such encroachments into their conditions, covenants and restrictions.

(8)

All structures must conform to the requirements of the Uniform Building Code, if applicable.

(9)

For the purpose of this section, the projected roof area shall mean the horizontal square feet of roof, excluding slope, but including overhang.

(h)

Second-story setbacks regulations for R-A and R-1 zones.

(1)

Front yard. When the first story of an existing or proposed single-family structure is built within thirty (30) feet or less of the front property line, the front yard setback of any future second story or second floor expansion shall be a minimum of thirty (30) feet, except for lots less than seven thousand five hundred (7,500) square feet in area, where the second story shall be set back a minimum of twenty-five (25) feet.

(2)

Side yard. When the first story of an existing or proposed single-family structure is built within ten (10) feet or less of the side property line, the side yard of any future second story or second-floor expansion shall be a minimum of ten (10) feet. The following exception may be allowed, subject to Community Development Director (or their designee) review and the approval of an administrative permit, in cases where an existing second story has a second story setback that is less than ten (10) feet on an elevation:

a.

Said side yard second story setbacks may be the same as the existing second story setback if no portion of a building or structure (existing or proposed) encroaches through a daylight plane that is projected above each setback line and sloping inwards at a forty-five (45) degree angle measured at a point ten (10) feet above the finished grade level along the side property line toward the opposing side property line.

b.

Said side yard second story setback shall not be required along any side yard which abuts property zoned for or developed with a nonresidential use (e.g. schools and parks) or a public right-of-way, flood control channel, or utility easement upon which no residential structures may be developed.

c.

As used in this section, second story setback shall also apply to any portion of the first story under a sloped roof with a ridge height greater than sixteen (16) feet and/or an exterior wall height greater than twelve (12) feet above the finished adjacent grade. The gable end of a sloped roof shall not be included in the exterior wall height calculation.

d.

The second story setbacks stated in subsections (1) and (2) above on lots of twenty thousand (20,000) square feet or more shall be increased accordingly for developments which utilize the additional height provisions pursuant to section 26-46(d)(4).

e.

Rooftop decks and/or balconies attached to the primary structure with direct access from the second-floor or stairs leading thereto shall comply with two (2) story setback requirements.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 13—15, 3-18-25)