Chapter 17.14 E-1 ESTATE RESIDENTIAL ZONE (SINGLE-FAMILY ESTATE)

This zone is intended to provide for the development of single-family homes of large estate-type homesites, with a minimum lot area of not less than one acre. (1964 Code Appx. A § 2.10.)

17.14.020 Permitted uses.

Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses, plus such other uses as the commission and council may deem (pursuant to Chapter 17.60 CMC) to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in CMC 17.14.050 through 17.14.250:

A. Single-family dwellings, not more than one dwelling per lot, except that an accessory dwelling unit permitted under this chapter shall not count toward the one dwelling per lot limitation;

B. Accessory buildings and uses, including accessory living quarters for caretaker and servants, recreation room, private stable, barn, greenhouse, lathhouse and tree or ground crops;

C. In connection with the residential use of the property, the keeping of certain animals and poultry for noncommercial purposes and solely for the enjoyment of the owners or occupants of the land is permitted subject to the following conditions:

1. The lot area is not less than one acre,

2. There shall not be more than five animals consisting of cattle, horses, sheep and/or domesticated dogs or cats, for each acre of land,

3. There shall not be more than 10 fowl consisting of chickens, turkeys, guinea fowl, pigeons, ducks, pheasant or geese for each acre of land,

4. There shall not be more than one Vietnamese pot-bellied pig per lot or parcel,

5. There shall be not more than three of any of the animals listed below nor more than nine total of any combination of the following animals:

a. Domesticated parrot,

b. Domesticated parakeet,

c. Domesticated rabbits and hares of the family Leporidai,

d. White or albino rats or mice,

e. Golden hamsters of the species Mesocrietus auratus,

f. Guinea pigs of the species Cavia porcellus,

g. Goats,

h. Doves,

i. Local frogs,

j. Turtles and toads,

k. Tropical fish normally found in a pet store (no limit);

6. All such animals shall be maintained in accordance with CMC Title 7;

D. Guest house, subject to the regulations in CMC 17.04.291;

E. Occasional sale;

F. In-home business permitted in accordance with CMC 17.26.035 of the R-1-7500 residential zone;

G. Accessory dwelling unit, subject to the regulations in Chapter 17.69 CMC.

H. Two-Unit Development and Urban Lot Splits. The provisions of Chapters 16.02 and 16.06 CMC and CMC 17.33.060 shall apply. (Ord. 23-02 § 8, 2023; Ord. 19-07 §§ 17, 18, 2019; Ord. 04-1901 § 7, 2004; Ord. 92-1739 § 3, 1992; Ord. 1664 § 4, 1988; Ord. 1350 § 1, 1977; Ord. 1325 § 3, 1976; Ord. 1251 § 8, 1974; Ord. 1182 §§ 4, 5, 1972; 1964 Code Appx. A § 2.11.)

17.14.030 Uses permitted subject to conditional use permit.

The following uses may be permitted subject to a conditional use permit as provided for in Chapter 17.62 CMC;

A. Churches;

B. Country clubs and golf courses and related driving range;

C. Educational institution;

D. Electric distribution and public utility substations. (1964 Code Appx. A § 2.12.)

17.14.040 Prohibited uses.

The following uses are expressly prohibited in the E-1 estate residential zone:

A. Multiple dwellings;

B. Commercial uses;

C. Industrial uses;

D. Trailer parks;

E. The raising or keeping of animals, poultry or reptiles, either wild or domesticated, other than provided for in CMC 17.14.020. (1964 Code Appx. A § 2.13.)

17.14.050 Property development standards generally.

The property development standards contained in CMC 17.14.060 through 17.14.250 shall apply to all land and buildings in the E-1 estate residential zone; except, that any lot held under separate ownership or that was of record on the effective date of the ordinance codified in this title which is substandard in area or dimensions may be used subject to all other standards. (1964 Code Appx. A § 2.14.)

17.14.060 Lot area.

Each lot area shall have a minimum area of one acre. (1964 Code Appx. A § 2.14.)

17.14.070 Lot dimensions.

All lots hereafter created shall comply with the following minimum standards and lots held under separate ownership or of record may not be reduced below these standards. For method of measurement, see definitions of “lot depth” and “lot width,” CMC 17.04.369 and 17.04.405, respectively:

A. Width.

1. All lots shall have a minimum width of 100 feet.

2. Cul-de-sac lots shall have a minimum width of 45 feet at the front lot line and a minimum lot width of 100 feet at the front building setback limit.

B. All lots shall have a minimum depth of 150 feet. (1964 Code Appx. A § 2.14.)

17.14.071 Maximum land coverage.

The maximum land coverage of all buildings shall not exceed 35 percent of the total land or parcel area. (Ord. 93-1749 § 1, 1993.)

17.14.075 Additions to existing buildings.

The exterior and roof of all enclosed room additions to existing buildings shall be the same as or similar to the architecture and materials of the existing building. Reasonable variations in design shall be permitted upon approval of the planning director. (Ord. 1315 § 2, 1975.)

17.14.080 Population density.

There shall be a minimum of one acre per lot area for each dwelling unit and there shall be no more than one single-family dwelling unit on any one lot except as otherwise provided in CMC 17.14.020(A); and provided, however, that one accessory dwelling unit may be located upon the same lot as the primary dwelling unit without exceeding the density limitations prescribed herein. (Ord. 19-07 § 19, 2019; Ord. 04-1901 § 7, 2004; 1964 Code Appx. A § 2.14.)

17.14.090 Accessory building height.

No main building or structure erected in this zone shall have a height greater than two and one-half stories or 35 feet, whichever is less. Accessory buildings shall not have a height greater than one story or 15 feet. (Ord. 93-1749 § 2, 1993; 1964 Code Appx. A § 2.14.)

17.14.100 Building height – Exceptions – Permitted projections above limit.

A. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, water tanks or similar structures may be erected above the height limits prescribed in this section and CMC 17.14.090 when approved by the commission; provided, that the same shall be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No penthouse or roof structures or any space above the height limit shall be allowed for the purpose of providing additional living or floor space.

B. On lots located on slopes downhill from street grade and having a 25 percent or greater grade measured in the general direction of the side lot lines, an additional story may be constructed on the main building; provided, that the ceiling of the lowest story shall be not more than two feet above the street level measured at the center of the lot frontage. (Ord. 11-1996 § 3, 2011; 1964 Code Appx. A § 2.14.)

17.14.105 Floor area of accessory building.

The maximum ground floor area of accessory structures shall not exceed 50 percent of the ground floor area of the main building. (Ord. 93-1749 § 3, 1993.)

17.14.110 Yards – Generally.

A. Yards shall be measured perpendicular to the property line or from the future right-of-way line as established by the general plan for an existing right-of-way.

B. A swimming pool shall not be located in any required front yard, nor shall it be located closer than five feet from any side or rear property line. It shall be entirely enclosed as required in CMC 17.14.160.

C. No residential building shall be erected within 100 feet of the right-of-way of any railroad line or freeway.

D. Buildings used for a church, school, institution or other similar use shall observe the provisions of the zone for front yards and for side yards abutting a street. Required yards may be used only for access purposes.

E. All utilities, equipment, machinery and satellite and disc antennas, located in yards, shall be screened at ground level from adjacent properties behind enclosures that are architecturally compatible with the adjacent building, or shall be screened by landscaping or fencing. Satellite and disc antennas with a diameter greater than two feet shall not be permitted on the roof of any structure. (Ord. 1594 § 1, 1985; 1964 Code Appx. A § 2.14.)

17.14.120 Front yard.

A. Each lot shall have a front yard of not less than 60 feet extending across the full width of the lot, except for special conditions provided for in subsections (B) and (C) of this section. The required front yard shall not be used for the storage of trailers, boats or house trailers or for the storage of any materials.

B. Where lots comprising 50 percent or more of the block frontage are developed with a front yard either greater or lesser in depth than that prescribed in this section, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage; however, a front yard determined in this way shall not be less than 40 nor more than 80 feet. Existing front yards of more than 80 feet shall be counted as 80 feet in calculating the average.

C. On key lots the minimum front yard shall be the same as the front yard for the adjoining interior lot. When the front yard on the adjoining interior lot is less than prescribed by this title, the key lot front yard may be the same; however, in no case shall the key lot front yard be less than 40 feet. (1964 Code Appx. A § 2.14.)

17.14.130 Side yard.

A. Each lot shall have a side yard on each side of not less than 30 feet, except as provided for below.

B. In hillside areas where all the following conditions occur: the difference in vertical elevation between the top and the toe of the slope is six feet or more, and the grade of the slope between the top and the toe of the slope is four feet horizontal to one foot vertical or greater, the minimum distance from the toe or top of the slope to a main building shall be not less than five feet. On the lower lot, this distance shall be increased one foot for every additional one foot of height of slope above six feet.

C. On corner lots, unless otherwise specified in this title, the side yard abutting the street shall be not less than 60 feet. No accessory buildings shall be located in the required side yard abutting the street.

D. On a reversed corner lot, the side yard abutting the street shall be not less than 60 feet. No accessory buildings shall be located in the required side yard.

E. When siding on an existing alley, a main building shall be located not less than 30 feet from the lot line adjacent to the alley.

F. No building including accessory buildings shall be located in any required side yard. (1964 Code Appx. A § 2.14.)

17.14.140 Rear yard.

A. Each lot shall have a rear yard of not less than 30 feet, except for special conditions provided for below.

B. In hillside areas where the following conditions occur: where the difference in vertical elevation between the top and the toe of the slope is six feet or more, and where the grade of the slope between the top and the toe of the slope is four feet horizontal to one vertical or greater, the minimum distance from the toe or top of the slope to any main building on the lot shall be not less than regular rear yard required in the zone. The slope area shall not be considered as part of the required rear yard.

C. When a lot abuts two or more streets, the yard serving as a rear yard shall be not less than 60 feet.

D. No building, including accessory buildings, shall be located in any required rear yard. (1964 Code Appx. A § 2.14.)

17.14.150 Fences and walls – Hazardous areas.

Repealed by Ord. 23-07. (1964 Code Appx. A § 2.14.)

17.14.160 Fences and walls – Swimming pools.

The provisions of Chapter 17.71 CMC, Walls, Fences, and Screening, shall apply. (Ord. 23-07 § 23, 2023.)

17.14.170 Fences and walls – Corner cutback area regulations.

The provisions of Chapter 17.71 CMC, Walls, Fences, and Screening, shall apply. (Ord. 23-07 § 24, 2023.)

17.14.180 Permitted fences, hedges and walls.

The provisions of Chapter 17.71 CMC, Walls, Fences, and Screening, shall apply. (Ord. 23-07 § 25, 2023.)

17.14.190 Off-street parking.

The provisions of CMC 17.72.010 through 17.72.120 shall apply. (1964 Code Appx. A § 2.14.)

17.14.200 Vehicular access.

A. There shall be vehicular access from a dedicated street or alley to off-street parking facilities on the property requiring off-street parking.

B. Vehicular access to lots fronting on a major or secondary highway shall be by way of an alley or service road. When unimproved lots of record on the effective date of the ordinance codified in this title cannot secure access by way of an alley or service road, there shall be a paved turning area on the lot to permit motor vehicles to head into the street. (1964 Code Appx. A § 2.14.)

17.14.210 Signs – Generally.

CMC 17.14.210 through 17.14.240 shall include as part of their provisions those portions of existing codes and ordinances which relate to the erection and maintenance of signs and outdoor advertising structures as are not in conflict herewith. Signs and other commercial advertising shall be permitted in this zone only as provided in CMC 17.14.220 through 17.14.240. (1964 Code Appx. A § 2.14.)

17.14.220 Nameplates.

Nameplates shall be permitted subject to the following conditions:

A. Nameplates shall not exceed one square foot in area and there shall be not more than one nameplate per dwelling unit;

B. Nameplates shall display only the following:

1. Name of the premises upon which it is displayed, and/or

2. Name of the owner or lessees of the premises, and/or

3. Address of the premises. (1964 Code Appx. A § 2.14.)

17.14.230 “For Rent,” “For Sale” and similar signs.

“For Rent,” “For Sale” and signs of similar type shall be permitted subject to the following conditions:

A. Not more than two such signs shall be permitted on any lot or parcel;

B. No such sign shall exceed four square feet in area;

C. The sign shall be posted on the subject lot by the owner or his authorized agent. (1964 Code Appx. A § 2.14.)

17.14.240 Subdivision signs.

The following signs advertising structures shall be permitted:

A. Temporary real estate signs and advertising real property which has been subdivided for purposes of sale or lease shall be permitted, subject to the following conditions:

1. Such signs shall be located on the premises within the boundaries of the subdivision which they advertise,

2. Such sign shall not exceed 100 square feet in area,

3. There shall be not more than two such signs per 300 feet of frontage,

4. Before any sign or advertising structure shall be erected, a permit therefor shall have been issued by the building department for a six-month period,

5. The sign shall remain only as long as some portion of the property advertised for sale remains unsold, or for a period of six months, whichever period is shorter. No such sign shall remain longer than six months unless the permit therefor has been renewed by the building department;

B. Small signs are permitted within the tract; provided there shall be no more than one such sign for each three lots. Each sign shall not exceed four square feet in area;

C. Signs are permitted on the same lot with a model home; provided they not exceed three in number and four square feet each in area. The signs shall be removed within 48 hours after the initial sale of the lot and/or home. (1964 Code Appx. A § 2.14.)

17.14.250 Underground utilities.

Utility lines including, but not limited to, electric, communications, street lighting and cable television shall be placed underground in accordance with CMC 17.64.030(E), unless special permission to construct said lines above the ground is granted. (Ord. 1251 § 9, 1974)

17.14.260 Site plan review.

The provisions of Chapter 17.64 CMC shall apply. (Ord. 1679 § 10, 1988.)