§ 155.31 RESIDENTIAL 1 DISTRICT (R1).
   (A)   General description. This district is to provide for residential development. The principal uses of land range from residences, to uses which are functionally compatible with residential uses, recreational, religious, educational facilities, and other related uses in keeping with the residential character of the district may be permitted on review by the governing body. All structures in the R1 District will be on a permanent foundation.
   (B)   Permitted principal and accessory uses and structures. Property and buildings in the Residential 1 District (R1) area shall be used only for the following purposes:
      (1)   Detached single-family dwellings, but not including manufactured homes under 24 feet wide;
      (2)   Two-family dwellings;
      (3)   Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work;
      (4)   Transportation and utility easements, alleys, and rights-of-way; and
      (5)   Accessory uses and buildings, provided such uses are incidental to the principal use and do not included any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.
      (6)   Accessory dwelling units:
         (a)   One, and only one, accessory dwelling unit shall be allowed on any lot containing a single-family dwelling. An accessory dwelling unit shall not be allowed under § 155.54 on a lot that contains more than one dwelling unit. Both the ADU and the primary residence shall comply with state Building Code and Fire Code regulations for construction, minimum living space, fire exits and smoke alarms.
         (b)   Except as provided elsewhere in § 155.54, in order for a lot to be eligible for an accessory dwelling unit, the lot and all proposed structures and additions to existing structures shall conform to all zoning regulations as follows.
            1.   Any municipal regulation applicable to single-family dwellings shall also apply to the combination of a principal dwelling unit and an accessory dwelling unit including, but not limited to, lot area, yards, open space, off-street parking, building coverage, and building height.
         (c)   All accessory dwelling units shall comply with the following standards:
            1.   The principal dwelling unit and the accessory dwelling unit shall not be separated ownership (including by condominium ownership).
            2.   Either the principal dwelling unit or the accessory dwelling unit shall be occupied by the owner of the dwelling as his or her principal place of residence. The owner shall provide documentation demonstrating to the satisfaction of the city that one of the units is his or her principal place of residence.
         (d)   When the property is owned by one or more trusts, one of the dwelling units shall be the principal place of residence of the beneficiary(ies) of the trust(s).
         (e)   Neither the principal dwelling unit nor the accessory dwelling unit shall be used for any business, except that the property owner may have a home occupation use in the unit that he or she occupies as allowed or permitted elsewhere in this chapter.
         (f)   An attached accessory dwelling unit (AADU) shall comply with the following additional standards:
            1.   An interior door shall be provided between the principal dwelling unit and the accessory dwelling unit.
            2.   The accessory dwelling unit shall not have more than two bedrooms and shall not be larger than 800 square feet gross floor area. For the purpose of this provision, gross floor area shall not include existing storage space, shared entries, or other spaces not exclusive to the accessory dwelling unit. Minimum size is 200 square feet.
         (g)   Any exterior changes to the single-family dwelling shall maintain the appearance of a single-family dwelling. If there are two or more doors in the front of the dwelling, one door shall be designed as the principal entrance and the other doors shall be designed to appear to be secondary.
         (h)   A detached accessory dwelling unit (ADU) shall comply with the following additional standards:
            1.   In a General Residence district, the combination of the principal dwelling and the ADU shall comply with the minimum lot area per dwelling unit specified for the district.
            2.   The ADU shall not have more than two bedrooms and shall not be larger than 800 sq. ft. gross floor area; except that the maximum gross floor area shall be 1,000 sq. ft. if the lot area is two acres or more. Not covering more than 40% of available land.
            3.   The ADU shall be separated from the single-family dwelling by at least 20 feet.
            4.   One off-street parking space shall be required.
         (i)   Before granting a conditional use permit for an attached or detached ADU, the Planning Board shall make the following findings.
            1.   Exterior design of the ADU is consistent with the existing principal dwelling on the lot. The site plan provides adequate and appropriate open space, landscaping, and off-street parking for both the ADU and the primary dwelling.
            2.   The ADU will maintain a compatible relationship to adjacent properties in terms of location, design, and off-street parking layout, and will not significantly reduce the privacy of adjacent properties.
            3.   The ADU will not result in excessive noise, traffic, or parking congestion.
         (j)   A certificate of use issued by the Planning Department is required to verify compliance with the standards of this section, including the owner occupancy and principal residency requirements. Said certificate shall be issued by the Planning Department upon issuance of a certificate of occupancy by the Inspection Department.
      (7)   Planned unit development:
         (a)   Tiny house subdivision: A subdivision of land which promotes the development of tiny houses 200 to 800 square feet as a primary residential dwelling unit.
         (b)   Tiny homes, built as a two-story structure (maximum 30 feet) may be allowed in a planned unit development.
         (c)   Tiny house subdivision standards:
            1.   Tiny house subdivisions will consist of individual dwelling structures 200 to 800 square feet. The purpose of small lot subdivision is to encourage affordable housing, infill development and sustainable practices. All PUD and subdivision standards shall apply to tiny home subdivisions. Additional standards are required as follows: tiny house subdivisions can occur in R2 zoning.
            2.   Tiny house subdivisions may only be approved with the review and approval of a planned unit development (PUD) conditional use process.
            3.   Small lot subdivisions are not condominiums, multi-family, mobile homes or recreational vehicles. Properties are titled in fee simple.
            4.   Small lot homes must be structurally independent, with no shared foundations or common walls.
            5.   Lot size will be relative to accommodate the square footage of the tiny home; minimum lot size to accommodate a 400 - 800 square foot house is 1,600 square foot lot.
            6.   Side setbacks will be five feet and rear setbacks are ten feet.
            7.   Fifty percent open space is required.
            8.   Parking density; two on-site parking spaces per lot.
            9.   Tiny homes are required to connect to City of Hermosa water and sewer service lines.
            10.   These are private residential homes; not seasonal and not intended for commercial use.
            11.   Tiny houses must be built to all applicable adopted UBC Codes, ordinances and zoning regulations as stated in §§ 155.30, 155.31, 155.32, 155.37 and 155.39.
   (C)   Uses permitted on review. The following uses may be permitted on review by the governing body in accordance with provisions contained in § 155.86:
      (1)   Churches or similar places of worship, with accessory structures, but not including missions or revival tents;
      (2)   Elementary or high schools, public or private;
      (3)   Public parks, playgrounds and playfields, greenways, and neighborhood and municipal buildings and uses in keeping with the character and requirements of the district;
      (4)   Libraries, museums, and historical monuments or structures;
      (5)   Public utilities, substations and pumping stations, subject to § 155.55(C)(2);
      (6)   Golf courses or country clubs, with adjoining grounds of not less than 60 acres, but not including miniature courses and driving tees operated for commercial purposes;
      (7)   Medical facilities, except veterinary hospitals or clinics;
      (8)   Home occupations as regulated in § 155.64;
      (9)   Private daycare nurseries and kindergartens, as regulated in § 155.55(C)(3);
      (10)   A planned residential development as regulated in § 155.55(A); and
      (11)   Signs, as regulated in § 155.62.
   (D)   Area regulations. The area regulations are the same as provided for in § 155.30(D);
   (E)   Height regulations. The height regulations are the same as provided for in § 155.30(E); and
   (F)   Off-street parking. As regulated in § 155.59.
(Ord. 10.6, passed 3-17-2009; Ord. passed 4-19-2022)