§ 154.026  “E-1” SUBURBAN ESTATE RESIDENTIAL DISTRICT.
   (A)   General description.
      (1)   This exclusive residential district is intended to contain larger single-family homes on lots which are above average size and have considerable private open space in the form of building setbacks and rear yard area. The development regulations in this district are intended to protect these homes from encroachment by higher residential densities and incompatible land uses. The homes developed here are on tracts large enough to permit private limited raising of horses or livestock for personal use. In order to preserve the estate character of this district, it is important to protect the existing property investment and character from the effects of incompatible neighboring land uses and higher residential densities.
      (2)   This district supersedes the former “R-3” Urban Estates Residential District. All properties formerly classified “R-3” on the Official Zoning Districts Map shall henceforth be classified “E-1” and be subject to the following district regulations.
   (B)   Permitted uses. The following shall be permitted as uses by right; provided, they meet all development regulations of this section:
      (1)   Single-family dwelling;
      (2)   Park, municipal or community building, golf course, fire station, police station, water wells, lift stations or open space, owned by the city or other public entity;
      (3)   Property owners’ association green space; meeting or recreation facility;
      (4)   Elementary or secondary school, no residential facilities included;
      (5)   Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;
      (6)   Day care home;
      (7)   Home occupation; and
      (8)   Residential sales.
   (C)   Conditional uses.
      (1)   Day care center, when sponsored by and operated on the premises of a permitted church, synagogue, mosque or temple;
      (2)   Raising of horses, cattle, sheep and goats in accordance with city ordinances related to type, number and housing; plus the following regulations:
         (a)   Horses: 70,000 square feet per horse (see also division (D) below);
         (b)   Cattle: 30,000 square feet per animal;
         (c)   Sheep or goat: 20,000 square feet per animal;
         (d)   Hog: one per acre raised as part of a school or 4-H activity by a family member;
         (e) All structures and buildings, excluding fences, used for the care and protection of permitted horses shall be located not closer than 20 feet to a side or rear lot line; and
         (f)   No livestock shall be kept within the front yard setback area.
      (3)   Secondary buildings, subject to the following:
         (a)   A detached garage which exceeds a 1,000-square foot building footprint or a 25-foot building height shall be considered a secondary building for setback and coverage purposes;
         (b)   Secondary buildings related to a single-family residential use shall be located in the rear yard behind the main building and behind the side yard setback line required for the main building;
      (4)   Accessory buildings and structures, subject to the following specific requirements and all other city regulations:
         (a)   No accessory structure shall be located in front of the main building, except fences, walls and flagpoles as permitted in this chapter;
         (b)   Maximum size of accessory building or buildings per lot in this district is 1,500 square feet for each 80,000 square feet or portion thereof; and
         (c)   Accessory buildings shall be included in the lot coverage calculations and subject to the development regulations of this district.
   (D)   Uses subject to review. The following uses are permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
      (1)   Private club which includes a country club and golf course;
      (2)   Perimeter wall or fence that exceeds the height permitted by city regulations;
      (3)   Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements;
      (4)   Wind energy conversion systems (see § 154.091 of this chapter);
      (5)   Storm cellar proposed to be located in the front yard setback area:
         (a)   Must be inground shelter with maximum two feet of height above ground; and
         (b)   Applicant must show there is no reasonable access to, or space in, a rear or side yard area.
      (6)   Stable for confined care of horses; size of structure and number of horses permitted to be subject to required setbacks of this district, evaluation of lot size, other improvements to the property, and surrounding conditions, including location of neighboring residences; and
      (7)   See also §§ 154.090 through 154.103 of this chapter for additional special permit uses.
   (E)   Development regulations.
      (1)   General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage requirements should conform to all platted setback and building lines if greater than this code. They shall, however, comply with the following and all other requirements of this chapter; provided that, in no case shall a main or accessory building be located over a public or private street or utility easement.
      (2)   Access: all properties shall have direct access to a public of private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed or easement, which has been approved by the city and filed of record with the County Clerk. Easements or rights-of-way in existence prior to annexation, or filed of record without city approval after annexation must be certified by the City Council as qualified to meet legal access requirements.
      (3)   Front yard setback:
         (a)   State highways: 35 feet from the front property line, or 90 feet from the centerline of abutting highway, whichever is greater;
         (b)   Section line road: 35 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
         (c)   Other streets: 35 feet from the property line or 65 feet from the centerline of an abutting street, whichever is greater.
      (4)   Side yard setback:
         (a)   Main building: 25 feet from property line or 75 feet from centerline of an abutting section line street, whichever is greater;
         (b)   Main building other than a dwelling: 35 feet;
         (c)   Accessory building less than 14 feet in height: 15 feet; and
         (d)   Accessory building 14 feet or more in height: 15 feet, plus one foot for each full foot of additional building height greater than 14 feet. (See this district’s maximum building height below.)
      (5)   Rear yard setback:
         (a)   Main building: 50 feet;
         (b)   Accessory building less than 14 feet in height: 25 feet; and
         (c)   Accessory building 14 feet or more in height: 25 feet, plus one foot for each full foot of additional building height greater than 14 feet.
      (6)   Minimum lot area, net: 80,000 square feet, for all uses.
      (7)   Minimum lot width, exclusive of street easements or right-of-way:
         (a)   One hundred feet at front property line; and
         (b)   One hundred fifty feet at front building line.
      (8)   Coverage: Maximum size and bulk of all permitted structures shall be based on the following criteria:
         (a)   Main, secondary and accessory buildings shall cover no more than 60% of the lot area within the platted or city-required setback lines, whichever setback is greater; plus
         (b)   Accessory buildings shall cover no more than 20% of the rear yard; and
         (c)   Inground storm shelters and swimming pools shall not be included in coverage calculations when they extend less than two feet above ground level.
      (9)   Maximum building height: 45 feet.
      (10)   Double frontage lots: where a lot has double frontage, the property owner shall designate the rear lot line for purposes of constructing a perimeter fence and accessory structures. The designated rear yard shall be subject to the development regulations of this district; provided, however, that, platted building lines shall take precedence if greater than the requirements of this district.
      (11)   Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
      (12)   Landscaping: at least 5% of the land area of permitted non-residential uses shall be devoted to landscaping in accordance with the standards set forth in this chapter.
      (13)   Coverage: maximum size and bulk of all permitted structures shall be based on the following criteria:
         (a)   Main, secondary and accessory buildings shall cover no more than 65% of the lot area within the platted or city-required setback lines, whichever setback is greater; plus
         (b)   Accessory buildings shall cover no more than 20% of the rear yard; and
         (c)   Inground storm shelters and swimming pools shall not be included in coverage calculations when they extend less than two feet above ground level.
(2002 Code, § 154.026)  (Ord. 486, passed 5-12-2003)