(1) Minimum Lot Area: The minimum lot area for each dwelling unit above that which is required for a single-family dwelling shall be one thousand (1,000) square feet for the first dwelling unit and two thousand (2,000) square feet for each additional unit unless the lot area is permitted to be reduced by planned unit development procedures.
(2) Residential Uses In Nonresidential Zones: Residential uses in nonresidential zones shall have the same requirements as set forth in the R-3 Zone. When commercial and industrial uses abut a residential zone, setbacks shall be the same as are required in the adjacent residential district.
(3) Reduction In Minimum Setback: The minimum setback yard provisions may be reduced with a Director's administrative determination in accordance with Section 10-01-02 (4), a variance approval, or a planned unit development approval, whichever may be most applicable.
(4) New Construction Compliance: All new construction shall comply with the current height, setback, and area schedule in effect at the time the building permit was filed, excluding alternative setback, height, and/or area schedule requirements as approved through a planned unit development.
(5) Structures And Projections Into Yard Areas: Structures within and projections into required yard areas are only permitted (and may be permitted on a case by case basis in easements under the conditions specified below), as specified below, and shall not be considered to be obstructions or included in the setback requirements unless otherwise specified:
A. Cornices, canopies, eaves, or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required side yard more than two feet (2') and any required rear yard more than five feet (5') from the property line nor shall they project into any required recorded or nonrecorded easement or easement area unless the utility has given written permission for such projection to take place nor shall they project into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City. Projections within the R-1, R-2, and R-3 Residential Zones which increase the volume of habitable space enclosed by a residential structure may encroach into the front setback area no more than five feet (5'). This shall not be applicable to garages or any other uninhabitable areas that are part of the residential structure.
B. Exterior steps or stairs shall not project into required side yards or into any required recorded or nonrecorded easement or easement area unless the utility or agency having jurisdiction over the easement has given written permission for such projection or into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City. No part of the building except unenclosed porches, shall extend into the front setback area. Said unenclosed porches shall be set back a minimum of fifteen feet (15'). No part of the building whatsoever, including cornices, canopies, eaves, foundations, footings, air conditioning units, etc., shall extend into any required recorded or nonrecorded easement or easement area unless the utility or agency having jurisdiction over the easement has given written permission for such projection to take place nor shall any part of the building project into any existing or future right-of-way or right-of-way area unless written permission for such projection to take place has been given by the City.
C. Additionally, the following shall apply:
1. Structure shall be removed by and at the property owner's expense within five (5) days of a request by the City or utility to remove said structure;
2. Structure can be removed by the City or utility after the five (5) day deadline has expired, without the property owner's permission and without compensation to the property owner, and with or without notification, as necessary for utility or right-of-way maintenance/improvements for any existing or future public right-of-way areas or easements. Furthermore, City or utility shall not be responsible for any damage caused to structure during the process of removal.
3. Property owner shall sign and have notarized a statement prepared by the City acknowledging the above items.
(6) Setback Measurements: Front and street side yard setbacks are measured from back of sidewalk or the property line where there is no adjacent sidewalk. All other setbacks are the distance between a building's outermost edge of the outermost foundation wall and the lot line.
Editor's Note: To view Table 2: Height, Setback and Area Schedule in PDF, please click HERE
TABLE 2
HEIGHT, SETBACK AND AREA SCHEDULE
Minimum/Maximum Bulk Requirements (In Feet)
Zoning District | Max. Height1 |
Minimum Setbacks | Interior Lots | Corner Lots | All Lots | |||
Front Yard | Rear Yard | Interior Side Yard | Street Side Yard2 |
Min. Lot Area (Sq. Ft.)7 |
Min. Lot Area (Sq. Ft.)7 | Min. Lot Frontage3 | ||
Zoning District | Max. Height1 |
Minimum Setbacks | Interior Lots | Corner Lots | All Lots | |||
Front Yard | Rear Yard | Interior Side Yard | Street Side Yard2 |
Min. Lot Area (Sq. Ft.)7 |
Min. Lot Area (Sq. Ft.)7 | Min. Lot Frontage3 | ||
RS-1 | 45 | 40 | 40 | 20 | 30 | 40,000 | 40,000 | 100 |
RS-2 | 45 | 35 | 35 | 15 | 20 | 20,000 | 20,000 | 75 |
R-14 | 25 | 20 | 20 | 6 | 15 | 8,000 | 9,500 | 50 |
R-2 | 35 | 20 | 15 | 6 | 15 | 6,000 | 7,500 | 45 |
R-3 | 45 | 20 | 15 | 6 | 15 | 6,000 | 7,500 | 45 |
C-1 | 45 | 20 | 15 | 6 | 15 | 5,000 | 6,500 | 40 |
C-2 | None | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
C-3 | None | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
C-4 | None | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
I-P | None | 20 | 0 | 0 | 20 | 0 | 0 | 0 |
M-1 | None | 20 | 0 | 0 | 20 | 0 | 0 | 0 |
M-2 | None | 20 | 0 | 0 | 20 | 0 | 0 | 0 |
A-D | See Footnote 5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
C-D6 | None | 20 | 15 | 10 | 20 | 0 | 0 | 0 |
H-D6 | None | 20 | 5 | 5 | 20 | 0 | 0 | 0 |
P-D8 | None | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Footnotes To Table:
The following footnotes correspond with the minimum/maximum bulk requirements listed in this table:
1. The maximum height, if there is one, may be exceeded by special use permit approval. Regardless of the zoning district, if a new structure is being built immediately adjacent to a single-family dwelling or a duplex, the maximum height of the new structure shall be 25 feet unless allowed to exceed such maximum height by special use permit approval.
2. The street side yard garages must meet the 20 foot front yard setback.
3. Minimum lot frontage for lots on cul-de-sacs or roadways with a radius curve shall be measured from the setback line not from the property line.
4. Platted residential lots located within the R-1 zoning district that are less than 7,000 square feet shall comply with the R-2 zoning district setback requirements. For corner lots, this shall apply to all platted residential lots that are less than 8,500 square feet.
5. New buildings and structures located within the airport district shall comply with height restrictions listed in form 7460 issued by federal aviation administration.
6. Newly constructed buildings in the college district and hospital district that are adjacent to the boundary of a residentially zoned property shall be set back an additional 6 inches for every additional 1 foot of building height in excess of 25 feet.
7. Residential lots that are part of a final plat may reduce the required minimum lot area by up to 10% if the required densities (dwelling units per gross acre) are met for the underlying zone.
8. Public land uses within Section 10-02-02, Table 1, located in zoning districts other than the P-D (public) shall be permitted to utilize the same height, setback and area requirements as permitted in the P-D (public) zone.
(Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3156; 7-16-2018; Ord. 3237, 10-7-2019; Ord. 3557, 12-19-2023)