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A. Front Yard:
1. There shall be a front yard having a depth of not less than twenty five feet (25'), unless forty percent (40%) or more of the frontage on one side of the street between two (2) intersecting streets is improved with buildings that have observed a front yard line having a variation in depth of not more than ten feet (10'), in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than thirty five feet (35').
2. Where lots have double frontage, the required front yard shall be provided on both streets. (Ord. 252, 12-7-1955)
B. Side Yard:
1. Except as provided in chapter 7 of this title, there shall be a side yard on each side of the front eighty feet (80') of the one-story portions of buildings having a width of not less than five feet (5'), and a side yard on each side of the front eighty feet (80') of the two-story portions of buildings, having a width of not less than seven and one-half feet (71/2').
2. The side yard on the front eighty feet (80') of the side street of a corner lot shall be not less than fifteen feet (15'). (Ord. 255, 5-22-1956)
C. Rear Yard: Except as provided in chapter 7 of this title, there shall be a rear yard having a depth of not less than thirty feet (30') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. All walls hereafter constructed abutting on any alleyway shall contain a gate or entry suitable to provide access to the alley. (Ord. 887, 11-14-1994)
D. Intensity Of Use: Every lot shall have an area of not less than seven thousand (7,000) square feet per family, except that if a lot has less area than required and was a lot of record prior to the effective date of this title, such lot may be used for one single-family dwelling; provided, that all other district regulations are observed. (Ord. 252, 12-7-1955)
A. Parking Limitation: It shall be unlawful for any person to place or park, or allow to be placed or parked, any mobile home or house trailer exceeding twenty five feet (25') in length in, or upon any area now, or hereafter designated as an A single- family dwelling district or B multiple dwelling district, by the zoning ordinances of the city.
B. Authority To Tow Away; Fees: The police department and all members thereof are hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, any mobile home or house trailer illegally parked or placed as provided in this title. Mobile homes or house trailers so towed away shall be stored in a safe place and shall be restored to the owner thereof upon payment of a fee of ten dollars ($10.00) plus actual costs of towing within twenty four (24) hours after the time such vehicle was removed, plus five dollars ($5.00) for each additional day or fraction thereof.
C. Penalty: Any person violating the provisions of this section shall, upon conviction, be punished as provided by section 1-4-1 of this code, and each day's violation of this section shall be a separate and continuing offense. (Ord. 471, 1-3-1972)
Notes
| 1 | 1. See also chapters 14 and 15 of this title. |
Additional dwelling unit. The provisions of subsection 12-3-5D of this title notwithstanding, one additional dwelling unit is permitted either within an existing single-family dwelling, or attached to an existing single-family dwelling unit, or as a separate building located on the same site as the existing single-family dwelling subject to the following regulations:
A. The additional dwelling unit shall be for the permanent use of a blood relative of the owner-occupant, except that such additional dwelling unit may be used for a guest who is not a blood relative for a period of no more than thirty (30) days in any one calendar year.
B. The additional dwelling unit shall not be a mobile home, trailer, camper, recreational vehicle or any structure that does not meet the building regulations adopted by the city of Deming, and/or does not meet manufactured home standards set by the federal department of housing and urban development.
C. The additional dwelling unit and the existing single-family dwelling shall meet all requirements of the city of Deming zoning ordinance and all building regulations set out in title 11, chapter 1 of this code.
D. The additional unit shall not have a house number separate from the existing single-family dwelling.
E. The additional dwelling unit shall not have its own separate utility connections, such as water, sewer, electrical and gas. The additional dwelling unit shall connect to the utilities of the existing single-family dwelling.
F. The additional dwelling unit shall not be advertised, displayed or used as a rental unit available to the general public. In the event the city approves the special use, then prior to the city issuing a special use permit, the owner of the existing dwelling unit shall provide proof of a deed restriction stating that the additional dwelling unit shall not be rented or leased on the open market.
G. The city council may revoke a special use permit for an additional dwelling unit and require removal of the additional dwelling unit upon a finding of failure to comply with the provisions of this section or a failure to comply with any conditions imposed with the original approval of the special use. (Ord. 1080, 11-10-2003)
There is hereby established an A-1 single-family dwelling district within the city limits. The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the A-1 single-family dwelling district regulations designed to provide a fully protected residential area comprising all of blocks AA, A, B, C, D, E, F, G, and H, western village addition to the city. (Ord. 1122, 10-4-2005)
No lot shall be used except for residential purposes. (Ord. 1122, 10-4-2005)
A. Restrictions:
1. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half (21/2) stories in height and a private garage or carport for no more than three (3) cars.
2. No store, office, or other place of business of any kind and no hospital, sanatorium, or other place for the care or treatment of the sick or disabled, physically or mentally, or any theater, saloon or other place of entertainment, or any church shall ever be erected or permitted upon any of the lots or any part thereof and no house or lot shall ever be used for a business involving inventory.
3. There shall be no trailer houses or houses built around or incorporating trailer homes. All camper trailers, campers or boats shall be stored behind the dwelling house, within the garage, or by the side of a house, if hidden from street view by a fence or shrubs. No trailer or camper shall be lived in while parked on the property.
4. There shall be no unused automobiles, machinery or equipment allowed on these premises outside of enclosed garages.
5. All driveways or parking areas used for parking vehicles shall be constructed of concrete or asphaltic paving. (Ord. 429, 5-6-1968)
B. Park And Civic Areas: (Rep. by Ord. 1122, 10-4-2005)
C. Home Occupations: Any occupation or profession carried on by a member of a family residing on the premises, in connection with which there is used no sign other than one nonilluminated nameplate attached to the building entrance which is not more than one square foot in area; provided, that no commodity is sold upon the premises except that which is prepared upon the premises; provided, that no person is employed other than a member of the immediate family residing on the premises; provided, that no mechanical equipment is installed or used except such that is normally used for domestic or household purposes.
D. Accessory Buildings And Uses: Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business. Any accessory building which is not a part of the main structure shall not be located on any lot nearer to the front line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. See section 12-4B-4 of this article.
E. Temporary Buildings: Temporary buildings for uses incidental to construction shall be removed immediately upon completion of construction work.
F. Signs: No sign of any kind shall be displayed to the public view on any lot except one professional sign as described under subsection C of this section; one sign of not more than five (5) square feet in area advertising the property for sale or rent, or sign used by a builder to advertise property during construction period only.
G. Oil Drilling: No oil drilling, oil development operations, oil refinery, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
H. Animals 1 : No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that the usual household domestic animals shall be allowed; namely dogs, cats, or other household pets; provided, that they are not kept, bred or maintained for any commercial purpose, or in excessive numbers.
I. Garbage: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All containers, incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and must meet the standards and restrictions of the city.
J. Water Supply: No individual water supply system shall be permitted on any lot unless such system is located, constructed, equipped and maintained in accordance with the requirements, standards and recommendations of state and local public health authority. Approval of such system as installed shall be obtained from such authority.
K. Sewage Disposal: No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of state and local public health authorities. Approval of such system as installed shall be obtained from such authority. (Ord. 429, 5-6-1968)
L. Parking: See subsections 7-2-3E and F of this code. (Ord. 1068, 10-14-2002)
Notes
| 1 | 1. See also section 6-2-12 of this code. |
A. New Construction: All structures on said lots shall be of new construction and no buildings shall be removed from any other location onto any of said lots.
B. Requirements And Restrictions:
1. No dwelling house shall be erected which contains less than one thousand two hundred (1,200) square feet of finished livable space, exclusive of attached garage, porches, patios and breezeways.
2. Two-story homes must have a minimum of one thousand (1,000) square feet of livable space at ground floor level.
3. Basements, whether used for storage, utility, or living purposes, are not to be included when computing livable space.
4. All structures must be in conformity with the edition of the uniform building code 1 , as published by the International Conference of Building Officials, adopted by the city.
5. Construction of houses must be completed within one year after commencement of first construction activity.
C. Height: No building shall exceed two (2) stories in height. (Ord. 429, 5-6-1968)
Notes
| 1 | 1. See section 11-1-1 of this code. |
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