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(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.
(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.
(Ord. 10.6, passed 3-17-2009; Ord. passed 4-19-2022)
(A) General description. This district is to provide for less restrictive residential development than the R1 District. The principal uses of land range from residences and manufactured homes, to uses which are functionally compatible with intensive residential uses. Recreational, religious, education facilities, and other related uses in keeping with the residential character of the district may be permitted on review by the governing body.
(B) Permitted principal and accessory uses and structures. Property and buildings in the Residential 2 District shall be used only for the following purposes:
(1) Detached single-family dwellings;
(2) Manufactured homes must meet requirements in Ordinance 10.6.5.B and Chapter 153;
(3) Manufactured home subdivisions as regulated in § 155.55(A);
(4) Two-family and multiple-family dwellings;
(5) Rooming and boarding houses;
(6) Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work and which buildings shall be removed upon completion or abandonment of the construction work;
(7) Transportation and utility easements, alleys, and rights-of-way;
(8) Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building; and
(9) Signs, as regulated in § 155.62.
(C) Uses permitted on review. The following uses may be permitted on review by the governing body in accordance with provisions contained in § 155.88:
(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, 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) Fraternities, sororities, and denominational student headquarters;
(8) Manufactured home parks, subject to the requirements set forth in Ordinance 10.6.5.B and Chapter 153;
(9) Home occupations as regulated in § 155.64;
(10) Private daycare nurseries and kindergartens, as regulated in § 155.55(C)(3);
(11) A planned residential development as regulated in § 155.55(A); and
(13) Medical facilities.
(Ord. 10.6, passed 3-17-2009)
(A) General description. This district is limited to recreational purposes for use by the public.
(B) Permitted principal and accessory uses and structures. This shall include, but not be limited to, the following:
(1) Picnic facilities;
(2) Playgrounds;
(3) Athletic fields;
(4) Rodeo or roping arenas;
(5) Foot and bike trails;
(6) Greenways; and
(7) Associated structures.
(C) Uses permitted on review: jails and juvenile detention facilities.
(Ord. 10.6, passed 3-17-2009)
(A) General description. This commercial district is for personal and business services and general business activity. This district is established for the accommodation of those specified retail and business services activities that typically may be located and grouped along a major street or about a major street intersection or highway.
(B) Uses permitted. The following uses shall be permitted in the Commercial District:
(1) Retail establishments, including incidental manufacturing of goods for sale at retail on the premises, provided, however, that the space devoted to manufacturing does not exceed 20% of the gross floor area of the establishment; sales and display rooms and lots, not including yards for storage of new or used building materials or yards for any scrap of new or used building materials or yards for any scrap or salvage, or secondhand materials. The storage, display, and sale of used, repossessed, or traded-in merchandise incidental to a retail operation engaged primarily in the sale of new merchandise, if permitted;
(2) Eating and drinking establishments;
(3) Service and repair establishments;
(4) Personal service establishments;
(5) Hotel, motels, rooms, and boarding houses (and travel parks) as regulated in § 155.55;
(6) Commercial recreational structures and uses, such as theaters, bowling alleys, pool rooms, amusement and recreation establishments, but not including miniature golf courses, driving ranges, and similar uses provided such structures meet all ordinances concerning public health, fire codes, morality codes, and all current building codes;
(7) Parking lots and garages;
(8) New and used car, truck, motorcycle, farm implement, and machinery sales, service, or rentals (U-Haul type);
(9) Manufactured home sales and service;
(10) Offices, studios, human health services clinics, and laboratories;
(11) Financial institutions;
(12) Private clubs and lodges;
(13) Outdoor advertising as regulated in § 155.62;
(14) Auditoriums provided such structures meet all ordinances concerning public health, fire codes, morality codes, and all current building codes;
(15) Public or municipal swimming pools as subject to § 155.67;
(16) Public buildings and grounds other than elementary or high schools;
(17) Business and vocational schools not involving operations of an industrial character;
(18) Wholesale and distributing centers not involving the use of any delivery vehicle rated at more than two and one-half ton capacity; nor a total of more than five delivery vehicles;
(19) On the same premises, and in connection with permitted principal uses and structures, other uses and structures which are customarily accessory and clearly incidental to permitted or permissible uses and structures;
(20) Any other store or shop for retail trade or for rendering personal, professional, or business service which does not produce more noise, dust, odor, vibration, blast, or traffic than those permitted uses enumerated above;
(21) Dwelling units will be allowed in multi-storied structures wherein the street or ground floor level is occupied by one of the permitted retail or business services enumerated above; and
(22) Other uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district.
(C) Uses permitted on review. Uses may be permitted on review by the governing body in accordance with the provisions contained in § 155.89.
(D) Area regulations. The following requirements shall apply to all uses permitted in this district:
(1) Front yard: none;
(2) Side yard: no side yard is required except that the width of a side yard which abuts a residential district shall be not less than 25 feet;
(3) Rear yard: where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service courts rear yard, or combination thereof of not less than 35 feet in depth. The depth of a rear yard, which abuts a residential district, shall be not less than 30 feet. In all other cases, no rear yard is required; and
(4) Maximum lot coverage: main and accessory buildings shall cover not more than 75% of the lot area.
(E) Height regulations. No building or structure shall exceed two and one-half stories or 35 feet in height except as provided in § 155.57.
(F) Off-street parking. For permitted retail, business, and personal services establishments, off-street parking requirements are as per § 155.59(B).
(G) Screening and landscaping. All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition, as per Chapter 92.
(Ord. 10.6, passed 3-17-2009)
(A) General description. The General Industrial District (GI) is established to provide areas in which the principal use of land is for light manufacturing and assembly plants, processing, storage, warehousing, wholesaling, and distribution in which operations are conducted so that noise, odor, dust, and glare is completely confined within an enclosed building.
(B) Uses permitted. Property and buildings in the General Industrial District shall be used only for the following purposes:
(1) A retail or service use only when it directly serves or is auxiliary to the needs of industrial plants or employees thereof;
(2) No residential use, except sleeping facilities required for caretaker or night watchman employed on the premises shall be permitted in this district;
(3) Business sign as regulated in § 155.62;
(4) Building material, sales yard, and lumber yards including the sale of rock, sand, gravel, and the like, as an incidental part of the main business, but not including a concrete batch plant or a transit mix plant;
(5) Contractor's equipment, storage yard or plant, or rental of equipment commonly used by contractors;
(6) Freighting or trucking yard or terminal;
(7) Outdoor storage facilities for coal, coke, building materials, sand, gravel, stone, lumber; open storage of construction contractor's equipment and supplies shall be screened by a seven-foot obscuring fence, wall, or mass plantings, or otherwise so located as not to be obnoxious to the orderly appearance of the district;
(8) Public utility substations, service yards, and pumping stations, electrical receiving, or transforming station, subject to § 155.55(C)(2);
(9) Auction houses;
(10) The following uses when conducted within a completely enclosed building:
(a) The manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products;
(b) The manufacture, compounding, assembling, or treatment of articles of merchandise from the following previously prepared materials: aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, rubbers textiles, tin, iron, steel, wood (excluding sawmill), yarn, and paint not involving a boiling process;
(c) The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity, gas, or oil;
(d) The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like;
(e) The manufacture of musical instruments, toys, novelties, and rubber and metal stamps;
(f) Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing;
(g) The sale, storage, and sorting of junk, waste, discarded or salvaged materials, machinery, or equipment, but not including processing;
(h) Blacksmith shop and machine shop;
(i) Foundry casting lightweight non-ferrous metal not causing noxious fumes or odors;
(j) Planing mill; and
(k) Wholesale or warehouse enterprise; and
(11) Buildings, structures, and uses accessory and customarily incidental to any of the above uses.
(C) Uses permitted on review.
(1) All of the following uses are declared to be special uses and a use permit may be authorized by the governing body for the location and operation thereof in the General Industrial District in accordance with § 155.88:
(a) Cement, lime, gypsum, or plaster-of-paris manufacture;
(b) Distillation of bones;
(c) Drop forge industries, manufacturing forging with power hammers, explosives manufacture or storage;
(d) Fertilizer manufacture;
(e) Rock, sand, or gravel or earth excavation, crushing, or distribution;
(f) Sawmill;
(g) Smelting of tin, copper, zinc, or iron ores;
(h) Business sign as regulated in § 155.62;
(i) Alcohol manufacture;
(j) A retail or service use only when it serves directly or is auxiliary to the needs of industrial plants or employees thereof;
(k) Boiler works;
(l) Brick, tile, or terra cotta manufacture;
(m) Concrete or cement products manufacture;
(n) Freight, terminal (railroad);
(o) Power plant;
(p) Quarry or stone mill;
(r) Rolling mills;
(s) Soap manufacture; and
(t) Tank storage of bulk oil and gasoline and the mixture of bulk storage of illuminating or heating gas, subject to the proper precautions as to location to prevent fire and explosion hazards and ground water contamination subject to OSHA and EPA requirements.
(2) In general, these uses which may be obnoxious or offensive by the reason of emission of odor, dust, smoke, gas, noise, vibration, and the like, and not allowed in any other district, provided, however, that any use not specified herein shall be approved by the governing body.
(3) Buildings, structures, and uses accessory and customarily incidental to any of the above uses.
(4) Adult businesses, as provided by Chapter 111.
(D) Area regulations. The following requirements shall apply to all uses permitted in this district.
(1) Lot Area. Any principal use together with all accessory uses shall be located on a lot having a minimum area of 10,000 square feet.
(2) Front yard. All buildings shall be set back from all street right-of-way lines not less than 25 feet.
(3) Side yard. No building shall be located closer than 25 feet to a side yard lot line. The width of a side yard which abuts a residential district shall be not less than 50 feet.
(4) Rear yard. No building shall be located closer than 25 feet to the rear lot line. The depth of a rear yard which abuts on a residential district shall be not less than 50 feet.
(5) Maximum lot coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than 75% of the lot area.
(E) Height regulations. No building or structure shall exceed two and one-half stories or 35 feet in height, except as hereinafter provided in § 155.57.
(G) Screening and landscaping. All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.
(Ord. 10.6, passed 3-17-2009)
(A) General description. This district is intended to protect agricultural lands and to preserve the natural beauty and open character of forested and other natural growth areas from incompatible land uses.
(B) Uses permitted on review.
(1) Signs, as regulated in § 155.62; and
(2) Plant nurseries.
(Ord. 10.6, passed 3-17-2009)
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