§ 602. Residential Districts.
602.1.
General description. The regulations for the Residential Zoning Districts are designed to:
(1)
Protect the residential character of areas so designed from the noise, congestion and heavy traffic of commercial and industrial activities;
(2)
Encourage a suitable environment for family life by providing for openness of living areas and permitting appropriate neighborhood facilities and compatible community facilities.
R-1 Single-Family Residential Districts. The R-1 Districts are designed to provide quiet, low density areas for single-family living with related recreational, religious and educational facilities protected from all commercial and industrial activity.
R-2 Combined Residential Districts. The R-2 Districts encourage similar basic restrictions of the R-1 Districts and permit a quiet, slightly higher population density area for family living protected from all commercial and industrial activity.
R-3 Multifamily Residential Districts. The R-3 Districts provide low and medium population density zone areas, containing a mixture of duplex, town house and multifamily dwellings along with a limited home occupations and limited private and public community uses where lots are large enough for family living, but small enough to afford low development costs, economy of streets and utilities, and proximity to schools, churches and shopping.
[RR District]: This RR District is a rural-style development of a single-family residential dwelling on a lot intended for areas where a community sewer and water are not planned in the near future, but where other public services may be available and topography and soil conditions allow development at a low population density that can rely on on site water supply and waste disposal systems without creating public health hazards. This RR district is intended primarily for areas devoted to large-lot suburban residential use. The regulations and restrictions in this RR District are intended to protect the residential character of these areas and conserve their environmental resources.
The RR district provides single-family residential housing with rural amenities. Special attention should be given to overall design and location of lots within this district to ensure adequate light, air and open space are provided and to protect the area from being subject to intensified zoning once the district has been established and developed.
(Ord. No. 1322, § 3, 7-21-2015)
602.2.
Uses permitted. The permitted uses in the Residential Districts are set forth in the table below. Where the letter "x" appears on the line of a permitted use and in the column of a district, the listed use is permitted in that district subject to the general provisions of the Zoning Ordinance as set forth in the preceding sections. Where the letter "p" appears instead of the letter "x," this use is permitted subject to acquiring a Conditional Use Permit as set forth in Section 803.
TABLE OF PERMITTED USES IN RESIDENTIAL DISTRICTS
Zoning District
Permitted Uses
R-1 R-2 R-3 Apartment house x Apartment hotel x Arboretum or botanical garden p p x Boarding or rooming house p Cemetery; crematory; columbarium; mausoleum p p p Child care center, family x x x Child care center, commercial care taking p Child care center, institutional p Child care institution: Other than day nursery p Church, synagogue or temple, including Sunday School facilities p p x Civil defense and related activities facility p p p College, junior college: not including trade school p p x Community center: Public p p x Convalescent, maternity, nursing home or group home for the handicapped p p Dormitories x Dwelling, multifamily x Dwelling, single-family detached x x x Dwelling, townhouse or rowhouse not exceeding six (6) units per dwelling x Dwelling, two-family x x Electric regulation substation p p p Fire protection and related activities facility p p p Fraternity or sorority house x Golf course: Excluding miniature and commercial driving range separate from a golf course p p p Greenhouses: No products sold on premises x x x Hospital, general p Hospital restricted to mental, narcotics or alcoholic patients; sanatorium p Library: Private, nonprofit and public p p p Mobile home parks p Multiple-family dwelling x Museum or art gallery p p p Nursery school or day nursery p p p Nursery (trees and shrubs): No products sold on premises p p p Nursery (trees and shrubs): Sale of products on premises p Parish house, parsonage or rectory x x x Park, playground or tot lot: Public x x x Petroleum pipeline or pressure control station p p p Police protection and related activities facility p p p Postal services facility p p p Public facilities and works to be owned, operated or managed by the City of Yukon including, but not limited to the following: x x x Civil defense and related activities facility Community center Fire protection and related activities facility Golf course Hospital Library Park, playground or tot lot Police protection and related activities facility Sewage pressure control station Swimming pool Tennis courts Water pipeline right-of-way, treatment plant, storage facility or pressure control station Public off-street parking lot p p x Radio transmitting station or tower other than amateur p p p School, elementary: Public or equivalent private x x x School, secondary: Public or equivalent private x x x Sewage pressure control station p p p Single-family detached dwelling x x x Swimming pool: Public p p p Telephone exchange station, relay tower p p p Television transmitting station or relay tower p p p Tennis courts: Public p p x Town house x Truck gardens: No products sold on premises x x x Two-family dwelling x x Utility rights-of-way x x x Water treatment plant, storage facility or pressure control station p p p Zoological garden: Public p p x (Ord. No. 657, § 9, 10-20-1981; Ord. No. 745, §§ 1, 2, 6-19-1984)
602.30.
Lot, yard and height regulations. No lot or yard shall be established or reduced in dimension or area in any Residential District that does not meet the minimum requirements set forth in the following sections. No building or structure shall be erected or enlarged that will cause maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in the following sections.
602.31
Area and height regulations for R-1. Single-Family Districts.
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum %
Coverage
Maximum
Height
Maximum
Density
per Acre
6,600 sq. ft. 60' 35% 35' 7 units Minimum Front
Yard Setback
Minimum Side
Yard Setback
Minimum Rear
Yard Setback
25'
5' interior lots 20% depth of lot 15' street side of corner lots All lots and improvements within the R-1 District shall meet the following requirements:
A.
All lots shall have not less than six thousand six hundred (6,600) square feet of lot area, and not more than one principal building shall be placed on any one lot, except that not less than twelve thousand (12,000) square feet shall be required for uses other than single-family residences.
B.
Each lot shall have a frontage of not less than sixty (60) feet. The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be a minimum of thirty-five (35) feet, and the front building line shall be as it appears on the recorded plat.
C.
Not more than thirty-five (35) percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D.
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
E.
All structures shall have not less than a twenty-five (25) foot front yard setback.
F.
For a single family dwelling of one story, the minimum width of the side yard shall be five (5) feet for interior lot lines and fifteen (15) feet for the side yard abutting the side street on a corner lot. For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than five (5) feet, provided, however, that (a) the area of exterior wall openings lying or constructed within ten feet (10') of the interior lot line shall be ten percent (10%) or less of the total exterior wall opening area of the structure; and, (b) all interior walls shall have a minimum of one (1) layer of 5/8 8" thickness of sheetrock installed. For buildings of more than one story that have (a) exterior wall openings lying or constructed with ten feet (10') of the interior lot line which exceed ten percent (10%) of the total exterior wall opening area of the structure; or, (b) interior walls which have less than one (1) layer of 5/8 " thickness of sheetrock installed, the minimum width of the side yard on interior lot lines shall be not less than ten feet (10'). For a principal building other than a single-family dwelling, the minimum width of the side yard shall be not less than the height of the building, but in no case less than fifteen (15) feet.
G.
A rear yard of twenty (20) percent of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten (10) feet to the rear lot line.
H.
In the case of a detached garage, the sum of the square footage of the detached garage and primary structure shall not exceed the maximum percentage of lot coverage.
I.
Except as otherwise provided, all measurements for lot coverage, front yard setback, rear yard setback and side yard setback shall include roofs, eaves, overhangs and covered porches.
(Ord. No. 657, § 10, 10-20-1981; Ord. No. 667, § 1, 1-19-1982; Ord. No. 683, § 1, 5-4-1982; Ord. No. 727, § 1, 12-20-1984; Ord. No. 863, § 1, 4-7-1992; Ord. No. 1029, § 1, 2-16-1999; Ord. No. 1052, § 1, 3-21-2000)
602.32.
Area and height regulations for R-2. Combined Residential District.
Minimum
Lot Area
Minimum
Lot Frontage
Maximum %
Coverage
10,000 sq. ft.
80' 35% Maximum
Height
Front Yard
Setback
Side Yard
Setback
Rear Yard
Setback
35'
25' interior lots 5'—15' street side of corner lots 20% depth of lot All lots and improvements within the R-2 Combined Residential District shall meet the following requirements:
A.
All lots shall have not less than 10,000 square feet for two-family dwellings and other uses, and not more than one (1) principal building shall be placed on any one lot except as otherwise specified.
B.
Each lot shall have a frontage of not less than eighty (80) feet. The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be a minimum of thirty-five (35) feet, and the front building line shall be as it appears on the recorded plat.
C.
Not more than thirty-five percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D.
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
E.
All structures shall have not less than a twenty-five (25) foot front yard setback.
F.
For dwellings of one story, the minimum width of the side yard shall be five (5) feet for interior lot lines and fifteen (15) feet for the side yard abutting the side street on a corner lot. For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than five (5) feet, provided, however, that (a) the area of exterior wall openings lying or constructed within ten feet (10') of the interior lot line shall be ten percent (10%) or less of the total exterior wall opening area of the structure; and, (b) all interior walls shall have a minimum of one (1) layer of 5/8 8" thickness of sheetrock installed. For buildings of more than one story that have (a) exterior wall openings lying or constructed with ten feet (10') of the interior lot line which exceed ten percent (10%) of the total exterior wall opening area of the structure; or, (b) interior walls which have less than one (1) layer of 5/8 " thickness of sheetrock installed, the minimum width of the side yard on interior lot lines shall be not less than ten feet (10'). For a principal building other than a dwelling, the minimum width of the side yard shall be not less than the height of the building, but in no case less than fifteen (15) feet.
G.
A rear yard of twenty (20) percent of the depth of the lot shall be provided for the principal building. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten (10) feet to the rear lot line.
H.
In the case of a detached garage, the sum of the square footage of the detached garage and primary structure shall not exceed the maximum percentage of lot coverage.
I.
Except as otherwise provided, all measurements for lot coverage, front yard setback, rear yard setback and side yard setback shall include roofs, eaves, overhangs and covered porches.
(Ord. No. 657, § 11, 10-20-1981; Ord. No. 683, § 1, 5-4-1982; Ord. No. 727, § 1, 12-20-1984; Ord. No. 863, § 1, 4-7-1992; Ord. No. 1052, § 1, 3-21-2000)
602.33.
Area and height regulations for R-3. Multifamily Districts.
Minimum
Lot
Area
Minimum
Lot
Frontage
Maximum %
Coverage
Maximum
Height
Maximum
Density
per Acre
Townhouse 12,000 sq. ft. + 4,000 sq. ft. each unit 66' 35% 35' 8 units Multifamily 12,000 sq. ft. + 4,000 sq. ft. each unit 100' 35% 35' 9 units Minimum
Side
Yard
Setback
Minimum
Front
Yard
Setback
Minimum
Rear
Yard
Setback
Townhouse ½ height of building (measured at highest point), 10' minimum 25' 1' per foot of building height (measured at highest point) minimum 20% of lot depth. Multifamily 1' per foot of building height (measured at highest point), 15' minimum 1' per foot of building height (measured at highest point), 25' minimum 20% of lot depth All lots and improvements within the R-3 Multifamily Residential Districts shall meet the following requirements:
A.
All lots shall have an area of not less than twelve thousand (12,000) square feet plus four thousand (4,000) square feet for each dwelling unit. For uses other than dwelling purposes, the lot area shall not be less than ten thousand (10,000) square feet except as otherwise specified. There shall be a lot area of not less than four thousand (4,000) square feet per dwelling unit including private and common area. In determining lot size for dwelling units, any common area shall be allocated equally per dwelling unit by dividing the total square footage of the common area by the number of dwelling units which it serves.
B.
Each lot shall have a frontage of not less than sixty-six (66) feet for townhouse dwellings, and one hundred (100) feet for multifamily dwellings and all other uses. For a townhouse dwelling unit, there shall be a minimum lot width of twenty-two (22) feet at the front building line, and the front lot line shall abut a street for a distance of not less than twenty-two (22) feet.
C.
Not more than thirty-five (35) percent of the lot area shall be covered with improvements. Paved areas are not considered improvements within the meaning of this provision.
D.
No improvement or structure shall exceed thirty-five (35) feet in height above the mean elevation of the lot.
E.
A minimum front yard setback of twenty-five (25) feet shall be provided on all dwellings. One (1) foot of setback for each one (1) foot of building height (measured at the highest point) shall be provided for all uses other than single-family, duplex and townhouses, but not less than a twenty-five-foot front yard shall be provided.
F.
For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than twenty-five (25) feet. One (1) foot of setback for each one (1) foot of building height (measured at the highest point) shall be provided.
G.
A rear yard of twenty (20) percent of the depth of the lot shall be provided for the principal building with one (1) foot of setback for each one (1) foot of building height (measured at the highest point). Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than twenty (20) feet to the rear lot line.
H.
For unattached sides of townhouse dwellings on an interior lot, a side yard of not less than ten (10) feet or one-half (½) the height of the townhouse, whichever is the greatest, shall be provided.
I.
The rear lot lines of all townhouse lots shall abut either an unobstructed common space or a public way in order to provide access to emergency personnel.
J.
All measurements for lot coverage, front yard setback, rear yard setback and side yard setback shall include roofs, eaves, overhangs and covered porches.
(Ord. No. 499, § 1, 2-19-1974; Ord. No. 657, § 12, 10-20-1981; Ord. No. 1052, § 1, 3-21-2000)
602.34.
[Use] area and height regulations and uses permitted for RR-Rural Residential.
A.
Only one single-family detached residential dwelling shall be allowed.
B.
Raising of animals and poultry. The raising of animals or poultry shall be in accordance with the ordinances of the city and in accordance with the following provisions:
i.
There shall be provided a fenced area of not less than 20,000 square feet, exclusive of the area covered by the main buildings and required front and side yards, for each large animal, including horses, cattle and sheep, and all structures and buildings for the care and protection of animals shall be located not closer than 200 feet to other structures and residential dwellings.
ii.
Livestock and poultry may not be kept on any lot which does not contain an occupied dwelling.
C.
Parks, playgrounds, and non-commercial recreational facilities such as swimming pools, tennis courts, game rooms and libraries shall be allowed.
D.
Structures and uses required for operation of a public utility or performance of a governmental function shall be allowed.
E.
There shall be a minimum lot area is 43,560 square feet (1 acre).
F.
There shall be a minimum lot width of 120' feet at the front building line and such lot shall abut on a street for a distance of not less than 60 feet.
G.
All buildings in the RR district shall be set back from street right-of-way lines to comply with the following yard requirements:
1.
Front yard.
a.
The minimum depth of the front yard shall be 30 feet.
b.
When a yard has double frontage, the front yard requirements shall be provided on both streets.
2.
Side yard.
a.
There shall be a side yard setback of not less than 25-feet within which no structure may be located.
b.
For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 30-feet in case such lot is back-to-back with another corner lot, and 30-feet in every other case; provided, however, that the side yard setback adjacent to a federal, state or county highway and section line road shall be the same as the front yard setback.
3.
Rear yard. There shall be a rear yard setback for a main building of not less than 20 percent of the depth of the lot. Unattached buildings of accessory use may be located in the rear yard of a main building, but shall not encroach on any easements.
H.
Main and accessory buildings in the RR district shall not cover more than 20 percent of the lot area. Accessory buildings shall not cover more than 20 percent of the rear yard.
I.
No building in the RR district shall exceed 45 feet in height.
(Ord. No. 1322, § 4, 7-21-2015)
602.4.
Accessory uses. Accessory uses and structures that are incidental and subordinate to permitted uses in residential districts are permitted subject to the applicable city codes and the following requirements:
1.
Unless modified by section A.2.[subsection 2.] hereof accessory structures:
a.
Shall conform to the setback requirements of the residential district within which it is constructed;
b.
Shall not exceed in total square footage ten (10) percent of the square footage of the primary structure or four (4) percent of the square footage of the lot, whichever is greater;
c.
Shall not exceed the height of the residential structure, provided that an additional setback from the front and rear setback requirement of one (1) foot for every foot of height over ten (10) feet is required;
d.
Shall not exceed a maximum height of thirty (30) feet; and
e.
Shall be consistent with adjacent structures and property, and shall preserve the character of the zone.
2.
Carports.
a.
Carports are permitted to be added to an existing single-family or two-family residential structure subject to the code of the City of Yukon and the following requirements. Applications for carports proposed to be erected or constructed in multifamily residential zones shall be considered by the planning commission, which shall make a recommendation to the city council. The city council may allow the erection of carports in multifamily residential zones under such circumstances and with such restrictions as it deems advisable. Requirements for erection or construction of carports in single-family or two-family residential zones are:
i.
Fee and permit. The [There] is hereby imposed a fee of fifty dollars ($50.00) to be paid to the city clerk upon filing an application for a permit for the erection or construction, in whole or in part, of a carport. Any person erecting or constructing a carport, in whole or in part, shall obtain a building permit and pay the permit fee. It shall be unlawful for any person to erect or construct, in whole or in part, a carport without having first obtained a permit and paid the appropriate fee.
ii.
Application. Application for a permit shall be made in writing on a form prescribed by the planning and zoning department and shall be made by the owner or lessee of the subject property, or agent of either, or by a licensed contractor employer in connection with the proposed work. The application shall contain:
a.
Address of the applicant and the subject property;
b.
A detailed drawing showing the specifications for the carport and compliance with other requirements or ordinances; and
c.
Any other information deemed necessary by the planning and zoning department.
iii.
Existing carports. Where a lawful carport exists at the effective date of this ordinance that could not be built under the terms of this ordinance for any reason, such carport may continue to exist so long as it remains otherwise lawful, subject to the following provisions:
a.
No such carport may be enlarged or altered in a way which increases its nonconformity; or
b.
Should such carport be damaged or destroyed by any means to the extent of more than fifty (50) percent of its replacement cost it shall be removed or replaced or repaired in conformity with the provisions of this ordinance.
iv.
Setback. All carports must comply with side yard and rear yard setback requirements of the district within which it lies. A carport may extend beyond the required front yard setback provided that, of the front yard setback, no part of the carport may extend into the five (5) feet nearest the street and no part thereof extends into any sight triangle.
v.
All carports shall be permanently open on two (2) sides from grade surface to the eave line provided that all carports that extend into the front yard setback shall be permanently open on three (3) sides from grade surface to the eave line.
vi.
All carports shall be located over a permanent hard surface.
vii.
Carports constructed in conjunction with a single-family dwelling or two-family dwelling shall not exceed eighteen (18) feet in width for a single garage and/or driveway, and shall not exceed twenty-four (24) feet in width for a double garage and/or driveway. No carport shall exceed twenty-four (24) feet in width nor twenty (20) feet in length when measured from eave line to eave line.
viii.
There shall be no more than one (1) carport per dwelling unit.
ix.
Carports shall be designed, constructed, erected and installed in accordance with the codes and regulations as from time to time adopted by the City of Yukon.
x.
Carports shall be kept in an attractive state in good repair, and in a safe and sanitary condition.
xi.
Carports shall be supported by columns that are not less than two and one-half (2½) inches in diameter and from material that is no less than fourteen (14) gauge steel set in concrete not less than twelve (12) inches in diameter and twenty-four (24) inches in depth. The concrete shall have a relative strength of two thousand (2000) pounds per square inch or greater. Any support column may be used which meets or exceeds the equivalent strength of the materials above described.
xii.
Carports shall be designed to support a live load of not less than twenty (20) pounds per square foot plus the weight of the structure.
xiii.
Metal carports shall be constructed of material not less structurally sound than twenty-six (26) gauge steel or twenty-five (25) gauge aluminum decking with baked-on enamel finish to be compatible with the exterior finish of the dwelling.
xiv.
Carport roof slopes shall meet minimum manufacturer's requirements, but shall not be less than a pitch of one-quarter (¼) inch rise per twelve (12) inches of run.
xv.
All eaves shall be enclosed and have rain guttering installed to divert water into the street and away from adjacent properties unless the roof pitch diverts the flow of rain water to the street.
xvi.
The underside of the carport shall be enclosed with materials as approved by the building code.
xvii.
No part of the interior of the carport shall be less than seven feet six inches in height.
(Ord. No. 657, § 13, 10-20-1981; Ord. No. 685, § 1, 5-18-1982; Ord. No. 1020, § 1, 9-15-1998)
602.5.
Signs and billboards. No signs, billboards, posters, bulletin boards, or other similar displays shall be permitted in the Residential District except as follows:
A.
Official public notices may be erected on affected property.
B.
One (1) nonilluminated nameplate not exceeding two (2) square feet in area and not containing lettering other than the name of the owner or occupants or name or address of the premises may be erected on any single- or two-family residential structures.
C.
In any R-1, R-2 or R-3 District, a temporary bulletin board or sign not exceeding eight (8) square feet in area, pertaining to the lease, hire or sale of a building or premises may be temporarily erected on any lot which board or sign shall be removed as soon as the premises are leased, hired or sold, provided, however, that a temporary project sign not exceeding one hundred and sixty (160) square feet in area, pertaining to the lease or sale of lots and/or improvements within a subdivision may be temporarily erected within the subdivision upon a conditional use permit which sign shall be removed as soon as eighty-five (85) percent of the lots within the subdivision have been sold.
D.
In any R-1 and R-2 District one bulletin board may be erected on each street frontage of an educational, religious, institutional or similar use requiring announcement of its activities. The bulletin board shall not exceed twelve (12) square feet in surface area nor fifteen (15) feet in height, and illumination, if any, shall be by constant light.
E.
In any R-3 District one (1) nonilluminated nameplate not exceeding twenty-four (24) square feet in area, identifying the name and use of the premises may be erected on any structure other than a single- or two-family structure or an accessory building to such a structure.