§ 154.028 “E-3” RESIDENTIAL ESTATES DISTRICT.

(1) This district creates and preserves areas intended for agricultural purposes and those areas considered to be outside the path of urban development where urban services in terms of water and sanitary sewer are not available. The types of uses, area and intensity of use regulations are designed to encourage and protect agricultural uses on a permanent basis or until such time as urbanization takes place and a change in zoning district classification is appropriate. The development regulations in this district are intended to protect homes from encroachment by higher residential densities and incompatible land uses, while making provision for conduct of agricultural activities, including such requirements as accommodations for caretakers or a limited number of farm employees. Since the residential uses permitted represent a significant contribution to the character and stability of the community, it is not intended that this district provide a lower standard for housing and the environment than is expected in other districts.

(2) This district supersedes the former “A-1” and “A-2” Agricultural Districts. All properties formerly classified “A-l” and “A-2” on the Official Zoning Districts Map shall henceforth be classified “A” 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) Agricultural crops and raising of farm animals, but not including the operation of commercial feed pens for cattle or hogs, or similar operations;

(2) Single-family dwelling;

(3) Mobile home or manufactured home;

(4) Property owners’ association green space, meeting or recreation facility;

(5) 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;

(6) Elementary, secondary or high school, no residential facilities included;

(7) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum gross lot area of five acres;

(8) Day care home;

(9) Home occupation; and

(10) Residential sales.

(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, goats and hogs 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;

(d) Hogs: one per acre except during breeding season; and

(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.

(3) Secondary buildings, subject to the following:

(a) Necessary agricultural structures, subject to all setback and coverage requirements of this district; and

(b) On agricultural properties, a second residence for farm or ranch employees or family members is permitted.

1. An RV or travel trailer may be permitted as a temporary residence for a total use of two years, for family members or farm or ranch employees only. The RV or travel trailer cannot be rented to any tenants. The RV or travel trailer must connect to city water and sewer if available, if not, have approved septic and well for the temporary RV/trailer. The minimum acreage requirement for this conditional use is 20 acres per RV/travel trailer. The property owner must submit a letter to the Planning Department for administrative approval that acknowledges these conditions.

(4) Accessory buildings and structures, subject to the following specific requirements and all other city regulations;

(5) Reserved;

(6) Veterinary clinic for large animals; minimum lot area of 20 gross acres;

(7) Oil or gas well; minimum lot area: five acres;

(8) Private landing strip for no more than two airplanes, subject to the following:

(a) There is no residential zoned property within 200 feet of the side edges of the strip;

(b) There are no residences within 1,320 feet of the ends of the strip at the time the strip is opened;

(d) See § 154.090 of this code of ordinances for permission for larger facilities for aircraft; and

(9) Accessory and non-accessory signs, subject to all city sign regulations.

(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) Commercial kennel, animal hospital or veterinarian clinic;

(3) Bed and breakfast;

(4) Perimeter wall or fence that exceeds the height permitted by city regulations;

(5) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements;

(6) Wind energy conversion systems (see § 154.091 of this chapter);

(7) Additional housing for farm employees; either group living quarters or up to two detached homes, including conventional, manufactured or mobile homes, minimum land area of farm: 40 acres;

(8) Stand for the sale of food products raised on the premises;

(9) Stable for confined care of horses on tracts of ten gross acres or less; 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

(10) See also §§ 154.090 through 154.104 of this chapter for additional special permit uses.

(E) Development regulations.

(1) Front yard setback, main dwelling and all accessory and secondary structures:

(a) State highways: 40 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;

(b) Section line road: 40 feet from the front property line, or 80 feet from the centerline of an abutting section line road, whichever is greater; and

(c) Other streets: 40 feet from the front property line or 65 feet from the centerline of an abutting street, whichever is greater.

(2) 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;

(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, up to a maximum of 35 feet.

(3) 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.

(4) Minimum lot area, gross: five acres for all uses.

(5) Minimum lot width, exclusive of street easements or right-of-way: 150 feet at front property line; provided this frontage on a cul-de-sac may be reduced to 75 feet, and 165 feet at front building line.

(6) 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 30% 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 front, side and rear yards.

(7) Maximum building height: 45 feet.

(8) 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.

(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.

(10) Landscaping: at least 5% of the land area of permitted non-residential or agricultural uses shall be devoted to landscaping in accordance with the standards set forth in this chapter.

(2002 Code, § 154.025) (Ord. 486, passed 5-12-2003; Ord. 925, passed 10-11-2022; Ord. 978, passed 8-12-2024)

§ 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.

(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;

(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;

(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 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: 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.

(2002 Code, § 154.026) (Ord. 486, passed 5-12-2003)

§ 154.027 “E-2” URBAN ESTATE RESIDENTIAL DISTRICT.

(A) General description.

(1) This residential district is intended to contain larger single-family homes on lots which are above average size for a typical urban development. Home sites 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. These residential areas contain a variety of home sizes and amenities, and it is important to protect the existing property investment and character from incompatible developments.

(2) This district supersedes the former “R-2” Low Density Single-Family Residential District All properties formerly classified “R-2” on the Official Zoning Districts Map shall henceforth be classified “E-2” 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, 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.

(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:

(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.

(4) Accessory and non-accessory signs, subject to all city sign regulations.

(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 which 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 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 require- ments 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 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 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 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 property line, or 75 feet from 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;

2. Corner lot line abutting a street: 20 feet from property line, or 75 feet from centerline of a section line road, whichever is greater;

(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.

(5) Rear yard setback:

(a) Main building: 25 feet from the rear 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: 43,560 square feet.

(7) Minimum lot width, exclusive of street easements or right-of-way:

(a) One hundred feet at front property line, or 80 feet on the outside arc of a curved street; and

(b) One hundred 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 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 building; provided that, main building height 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 in 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.

(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 of this district.

(12) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.

(13) 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.

(2002 Code, § 154.027) (Ord. 486, passed 5-12-2003; Ord. 533, passed 6-13-2005)

§ 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 nonprofit 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 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.

(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; and

(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; and

(6) See also §§ 154.090 through 154.104 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; and

(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: 15 feet; and

(c) 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.)

(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.

(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; Ord. 921, passed 9-12-2022; Ord. 977, passed 8-12-2024)

§ 154.029 “R-F-1” SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) General description.

(1) This is the most restrictive urban density residential district. The principal use is the single-family residence; and provision is made for related recreational, religious and educational facilities that are normally required to provide the basic elements of a balanced, and attractive residential area. These areas are protected from the encroachment of uses and activities considered to be detrimental to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and other permitted facilities, and thorough consideration of the proper functional relationship of each element.

(2) This district supersedes the former “R-1” Single-Family Residential District. All properties formerly classified “R-1” on the Official Zoning Districts Map shall henceforth be classified “R-F-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) Day care home;

(6) Home occupation; and

(7) Residential sales.

(1) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;

(2) 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; 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 flagpoles as permitted in this chapter;

(b) Maximum size of accessory building or buildings per lot in this district is 1,000 square feet; and

(c) Accessory buildings shall be included in the lot coverage calculations and subject to the development regulations of this district.

(4) Day care center, when sponsored by and operated on the premises of a permitted church, synagogue, mosque or temple;

(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 a rear or side yard area.

(6) Accessory and non-accessory signs, subject to all city sign regulations.

(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); and

(5) See also §§ 154.090 through 154.103 for additional special permit uses.

(E) Development regulations.

(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 or rights-of-way in existence prior to annexation must be certified by the City Council as qualified to meet legal access requirements.

(3) Front yard setback:

(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;

(b) Section line road: 25 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: 25 feet from the front property line, or 50 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: five feet; and

2. Corner lot line abutting a street: 15 feet from property line, or 75 feet from 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: 15 feet from property line, or 75 feet from centerline of a section line road, whichever is greater.

(d) Accessory building 14 feet or more in height: same as main building, plus one foot for each full foot of additional building height greater than 14 feet.

(5) Rear yard setback:

(a) Main building: 20 feet from the rear property line;

(b) Accessory building less than 14 feet in height: five feet from the rear property line if no easement exists there, or one foot from the drainage or utility easement;

(c) Accessory building 14 feet or more in height: five feet from the rear property line if no easement exists there, or one foot from the utility easement, plus one foot for each full foot of additional building height greater than 14 feet; and

(d) Where an alley abuts the rear lot line, the accessory building setback may be reduced to

a minimum of three feet.

(6) Minimum lot area, net: 7,200 square feet.

(7) Minimum lot width, exclusive of street easements or right-of-way:

(a) Forty feet at front property line; and

(b) Sixty feet at front building line; or

(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 cellars and swimming pools shall not be included in coverage calculations when they extend less than two feet above ground level.

(10) Maximum building height: 35 feet for main and secondary buildings; 25 feet for accessory building; provided that, the main building height 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 in this zoning district;

(b) Platted building lines shall not be used in this calculation; and

(c) On a corner or double frontage lot, there shall be no required setback increase for the side or rear yard abutting the street.

(12) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.

(13) 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.

(2002 Code, § 154.029) (Ord. 486, passed 5-12-2003; Ord. 931, passed 12-12-2022; Ord. 941, passed 6-12-2023)

§ 154.030 “R-F-2” TWO-FAMILY RESIDENTIAL DISTRICT.

(A) General description.

(1) This residential district is intended to provide for a slightly higher population density with basic restrictions similar to the R-F-1 District. The principal uses are single-family residences on smaller lots, two-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are protected from the encroachment of uses considered to be detrimental to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each element. Because of the density, it should be anticipated that developments in this district will be fully served by municipal water and sewer systems.

(2) This district supersedes the former “R-4” Two-Family Residential District. All properties formerly classified “R-4” on the Official Zoning Districts Map shall henceforth be classified “R-F-2” 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) Two-family dwelling or single-family dwelling and a garage apartment;

(3) 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;

(4) Property owners’ association green space, meeting or recreation facility;

(5) Elementary or secondary school, no residential facilities included;

(6) Day care home;

(7) Home occupation; and

(8) Residential sales.

(1) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;

(2) 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.

(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; 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.

(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 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.

(5) Towers and antennas subject to the regulations in this chapter and all other governmental requirements;

(6) Day care center, when sponsored by and operated on the premises of a permitted church, synagogue, mosque or temple;

(7) 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 a rear or side yard area.

(8) Accessory and non-accessory signs, subject to all city sign regulations.

(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:

(6) Must be inground shelter with maximum two feet of height above ground;

(7) Applicant must show there is no reasonable access to a rear or side yard area; and

(8) See also §§ 154.090 through 154.103 of this chapter for additional special permit uses.

(E) Development regulations.

(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 or rights-of-way in existence prior to annexation must be certified by the City Council as qualified to meet legal access requirements.

(3) Front yard setback:

(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;

(b) Section line road: 25 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: 25 feet from the front property line, or 50 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: five feet; and

2. Corner lot line abutting a street: 15 feet from property line, 90 feet from the centerline of an abutting highway, or 75 feet from the centerline of a section line road, whichever is greatest.

(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 property line, or 60 feet from centerline of a section line road, whichever is greater.

(d) Accessory building 14 feet or more in height: same as main building, plus one foot for each full foot of additional building height greater than 14 feet.

(5) Rear yard setback:

(a) Main building: 20 feet from the rear property line;

(b) Accessory building less than 14 feet in height: five feet from the rear property line if no easement exists there, or one foot from the drainage or utility easement;

(d) Where an alley abuts the rear lot line, the accessory building setback may be reduced to a minimum of three feet.

(6) Minimum lot area, net:

(a) Single-family dwelling: 7,200 square feet; and

(b) Two dwelling units: 8,000 square feet.

(7) Minimum lot width, exclusive of street easements or right-of-way:

(a) Forty feet at front property line; and

(b) Sixty 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 75% 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 cellars 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 building; provided that, the main building height 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 in this zoning district;

(b) Platted building lines shall not be used in this calculation; and

(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.

(2002 Code, § 154.030) (Ord. 486, passed 5-12-2003; Ord. 931, passed 12-12-2022)

§ 154.031 “R-F-3” THREE- TO FOUR-FAMILY RESIDENTIAL DISTRICT.

(A) General description.

(1) This is a medium density residential district that encourages multiple-family developments which represent a broad variety of housing types. The regulations are designed to facilitate moderate density residential development that is more compatible with neighboring low density residential uses. Housing permitted in this district can also serve as a buffer between more intense business areas and the interior of neighborhoods. When units are attached but under individual ownership, the development regulations of this section are applied to the entire structure for purposes of determining building setbacks.

(2) This is a new district classification effective 5-12-2003.

(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) Two-family dwelling, or single-family dwelling and a garage apartment;

(3) Up to four attached dwelling units on a parcel; each unit may be individually owned;

(4) Management office for a multiple-unit complex;

(5) 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;

(6) Property owners’ association green space, meeting or recreation facility;

(7) Elementary or secondary school, no residential facilities included;

(8) Family day care home;

(9) Home occupation; and

(10) Residential sales.

(1) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings, subject to a minimum net lot area of three acres;

(2) 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; 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) 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 a rear or side yard area.

(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; and

(b) Accessory buildings shall be included in the lot coverage calculations and subject to the development regulations of this district.

(5) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements;

(6) Day care center, when sponsored by and operated on the premises of a permitted church, synagogue, mosque or temple; and

(7) Accessory and non-accessory signs, subject to all city sign regulations.

(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) Assisted living facility;

(2) Group home;

(3) Private club which includes a country club and golf course;

(4) Perimeter wall or fence which exceeds the height permitted by city regulations;

(5) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements;

(6) Wind energy conversion systems (see § 154.091 of this chapter); 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 require-ments 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 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 or rights-of-way in existence prior to annexation must be certified by the City Council as qualified to meet legal access requirements.

(3) Front yard setback:

(a) State highways: 25 feet from the rear 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) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greatest; and

(c) Other streets: 25 feet from the front property line, or 50 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: five feet; and

2. Corner lot line abutting a street: 15 feet from property line, 25 feet from the rear 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) 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 rear 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.

(d) Accessory building 14 feet or more in height: same as main building, plus one foot for each full foot of additional building height greater than 14 feet.

(5) Rear yard setback:

(a) Main building: 20 feet from the rear property line;

(b) Accessory building less than 14 feet in height: five feet from the rear property line if no easement exists there, or one foot from the drainage or utility easement;

(d) Where an alley abuts the rear lot line, the accessory building setback may be reduced to a minimum of three feet.

(6) Minimum lot area, net:

(a) Detached single- family dwelling: 7,200 square feet;

(b) Duplex, or two dwelling units attached, or single-family dwelling and garage apartment: 8,000 square feet; and

(7) Minimum lot width, exclusive of street easements or right-of-way: 50 feet, single-family dwelling; 60 feet, two-family dwelling.