§ 154.028  “E-3” RESIDENTIAL ESTATES DISTRICT.
   (A)   General description. This residential estates district is intended to provide for an intermediate single-family district with the smallest size lots that are appropriate for single-family development in areas not served by public sanitary sewer. This district typically would be considered within an area that can be served with an acceptable response time by police and fire protection. The development regulations in this district are intended to protect homeowners and homes within this district from the density found within the urbanized areas of the city that are served by all public utilities and thereby maintaining the type of density, setbacks, open space and other amenities conducive to a rural residential development setting.
   (B)   Permitted uses. The following shall be permitted as uses by right; provided, they meet all the development regulations of this section as well as other applicable city regulations and ordinances:
      (1)   Single-family dwelling;
      (2)   Park, community building, golf course, fire station, police station, water wells, lift stations or open space, owned by the city or other governmental or non-profit 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;
      (8)   Residential sales office; this use shall not be interpreted to permit the construction of or moving in of a commercial building for a residential sales office. Any residential sales office used in conjunction with the development of a subdivision shall be limited to a maximum size of 400 square feet and shall be removed upon completion and sale of all lots within the subdivision. The 400-square foot restriction shall not apply to a newly constructed residential structure which is being used as a temporary sales office and/or show home. However, any temporary sales office shall cease to operate as such upon completion of all lot sales within the development in which it is located. No structures, temporary or permanent, shall be used to conduct business within the subdivision or development where it is located other than a permitted home occupation or residential sales office as authorized in this section. If the covenants and restrictions of a subdivision are more restrictive than this section, then those covenants and restrictions shall apply.
   (C)   Conditional uses.
      (1)   Day care center, when sponsored by and operated on the premises of a permitted church, synagogue, mosque or temple;
      (2)   Secondary buildings, subject to the following specific requirements and all other city regulations:
         (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; and
         (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.
      (3)   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 flag poles as permitted in this chapter;
         (b)   Maximum size of accessory building or buildings per lot in this district is 1,500 square feet; 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 in conjunction with a country club and golf course;
      (2)   Perimeter wall or fence which exceeds the height permitted by city regulations;
      (3)   Specified communications towers and antennas subject to the regulations in the Newcastle Zoning Code and all other local, state and federal 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 an inground shelter with maximum two feet of height above ground; and
         (b)   Applicant must show there is no reasonable access to a rear or side yard area.
      (6)   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 provided in the this code of ordinances. They shall, however, comply with the following and all other requirements of this code of ordinances; 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 or 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 of 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 for issuance of building permits.
      (3)   Front yard setback:
         (a)   State highways: 35 feet from the front property line, or 90 feet from the centerline of an 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 front property line, or 60 feet from the centerline of an abutting street whichever is greater.
      (4)   Side yard setback:
         (a)   Main building, with city fire hydrant within 700 feet of the main building:
            1.   Interior lot line: 20 feet; and
            2.   Corner lot line abutting a street: 20 feet from the property line or 75 feet from the centerline of a section line road, whichever is greater.
         (b)   Main building without the above access to fire protection:
            1.   Interior lot line: 25 feet; and
            2.   Corner lot line abutting a street: 20 feet from the property line, or 75 feet from the centerline of a section line road, whichever is greater.
         (c)   Accessory building setback shall be no less than the main building setback.
      (5)   Rear yard setback:
         (a)   Main building: 25 feet from the real property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
         (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. (See this district’s maximum building height below.)
      (6)   Minimum lot area, net: the net minimum lot area shall be 27,000 square feet exclusive of any areas contained within the high water mark of adjacent bodies of water.
      (7)   Minimum lot width and frontage, exclusive of street easements or right-of-way:
         (a)   Each lot or parcel of land shall abut or have street frontage onto a public or private street right-of-way for a minimum of at least 100 feet at the front property line;
         (b)   Lots fronting onto a cul-de-sac right-of-way shall have a minimum frontage of at least 60 feet; and
         (c)   Every lot within this district shall have a minimum lot width of 100 feet as measured from the side lot lines at a point 35 feet from the front property corners of the lot.
      (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 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.
      (9)   Maximum building height: 35 feet for main and secondary buildings; 25 feet for accessory buildings; provided that main building heights may be increased to a maximum of 45 feet, according to the following formula:
         (a)   One additional foot of building height is permitted for each additional three feet of side and rear yard setback greater than the required minimum established for this zoning district; and
         (b)   Platted building lines shall not be used in this calculation.
      (10)   On a corner or double frontage lot, there shall be no required setback increase for the side or rear yard abutting the street unless side or rear yard street access is allowed in which case the front yard setbacks shall apply.
      (11)   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 provided for in this zoning district.
      (12)   Perimeter fences and walls shall he subject to all provisions of this code of ordinances.
(2002 Code, § 154.028)  (Ord. 546, passed 1-16-2006; Ord. 652, passed 11-9-2009)