Chapter 17.15
R-1 SINGLE-FAMILY DETACHED RESIDENTIAL DISTRICT
Sections:
17.15.020 Subdistricts – Lot area requirements.
17.15.080 Maximum land coverage.
17.15.010 Intent.
The intent of this chapter is to provide for single-family residential housing in neighborhoods of varying densities. (Ord. 3315, 2006; Ord. 2352, 1989).
17.15.020 Subdistricts – Lot area requirements.
District R-1 is further subdivided into districts as provided in the following table. Density is calculated per the definition of such found in Chapter 17.06 MVMC.
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ZONING DESIGNATION |
COMPREHENSIVE PLAN DESIGNATION |
MINIMUM NET DENSITY |
MAXIMUM NET DENSITY |
MINIMUM LOT SIZE (See Note 2) |
|---|---|---|---|---|
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R-1, 7.0 Single-Family Residential |
High Density Single-Family (SF-HI) |
4.0 du/acre |
7.26 du/acre |
4,500 square feet |
|
R-1, 5.0 Single-Family Residential |
High Density Single-Family (SF-HI) |
4.0 du/acre |
5.73 du/acre |
6,000 square feet |
|
R-1, 4.0 Single-Family Residential |
Medium Density Single-Family (SF-MED) |
4.0 du/acre |
4.54 du/acre |
7,500 square feet |
|
R-1, 3.0 Single-Family Residential |
Medium Density Single-Family (SF-MED) |
3.23 du/acre (See the land use element of the comprehensive plan for minimum and maximum density policies) |
3.23 du/acre |
9,000 square feet |
(1) R-1, 4.0, R-1, 5.0, and R-1, 7.0 zones are all authorized through Chapters 17.73, Regulations to Encourage Affordable Housing, and 17.119 MVMC, Transfer or Purchase of Development Rights, to increase the maximum densities outlined within this table.
(2) R-1, 4.0, R-1, 5.0, and R-1, 7.0 zones are all authorized through Chapters 17.73, Regulations to Encourage Affordable Housing, and 17.119 MVMC, Transfer or Purchase of Development Rights, to decrease the lot sizes outlined within this table.
(Ord. 3802 § 9, 2019).
17.15.030 Permitted uses.
The uses that are permitted as a matter of right in R-1 districts are:
A. Detached, single-family residential dwelling units. This use is limited to the placement of one such dwelling unit per certified lot and may consist of manufactured homes.
B. Group homes and shelter homes.
C. Municipal parks and playgrounds of less than one-half acre.
D. Planned unit developments may be permitted in the R-1, 7.0; R-1, 5.0; and R-1, 4.0 districts according to the procedures specified in Chapter 17.69 MVMC and may include additional uses recommended by the comprehensive plan (i.e., multifamily and/or commercial retail centers).
E. Residential subdivisions platted and approved after the effective date of the ordinance codified in this section may request approval as part of the subdivision application to provide duplexes; provided, that all of the following conditions and requirements shall be met:
1. The lot area, setbacks, building height, maximum land coverage, landscaping, parking and signage shall be the same as the current zoning for the subdivision.
2. The design of each two-family unit shall be similar to other units in the subdivision and be designed to provide the appearance of a single-family unit by altering, for example, the location of front doors and windows, garages and access to garages, landscaping and fencing, etc. Additionally, the duplex units shall also comply with the city’s design standards codified in Chapter 17.70 MVMC.
3. The CC&Rs and final plat shall identify for future lot owners the locations of all two-family units within the subdivision.
4. No more than 20 percent of the single-family density that will actually be constructed within the subdivision can be duplexes. For example, if 20 single-family homes were permitted, an applicant could, if they meet all of the conditions above, create 16 single-family homes and two duplexes.
F. Duplexes on lots of record subject to the city’s design standards codified in Chapter 17.70 MVMC, provided there are no other duplexes constructed on lots that are abutting or adjacent to the lot upon which a duplex is desired.
G. Rooms may be rented to not more than two persons, other than the family which occupies a single-family dwelling; provided, there is compliance with health, fire and building code requirements.
H. A day nursery, as defined in Chapter 17.06 MVMC; provided, they are state-licensed and care for more than six but less than 12 children, exclusive of the child care provider’s own children, at one time. (Ord. 3802 § 10, 2019).
17.15.040 Accessory uses.
Permitted accessory uses in R-1 districts include:
A. Playgrounds when developed in connection with a small school, park, or community clubhouse not meeting size criteria of the public (P) district; provided, that playfields developed to the limits of a property shall be fenced with a six-foot-high fence with landscaping meeting the requirements of Chapter 17.99 MVMC along each side adjacent to developed private property. In lieu of fencing, a 15-foot buffer may be permitted.
B. Home occupations, as defined in Chapter 17.96 MVMC, and subject to the home conditions contained therein.
C. Housing of Small Animals. An accessory building used for the housing of small animals or fowl shall not exceed 36 square feet in floor area when located on a minimum lot and neither the building nor the fenced area for their roaming shall be closer than 25 feet to a property line, except by the recorded agreement of adjacent owners; provided, however, that MVMC 6.14.013 shall govern the requirements for housing of chickens. The keeping of mink, goats, foxes or hogs is prohibited.
D. Gardening and fruit raising.
E. Each single-family residence is permitted to have one detached private garage.
F. Day nurseries, as defined in Chapter 17.06 MVMC; provided, they maintain a valid city business license, are state-licensed, and provide in-home care for 12 or fewer children, and provided, there shall be no visible change in any dwelling or housekeeping unit, such as lighting, signs, exterior display, or outdoor storage of materials and equipment, which would attract attention to the day nursery conducted therein.
G. Each single-family residence is permitted to have one accessory structure that can be used as a shed to store tools or other household items as long as it complies with the following requirements:
1. The total building area of the accessory structure shall be no more than 120 square feet.
2. The accessory structure is required to be a single story and is not allowed to be taller than the primary structure on the site.
3. The accessory structure shall be located in the rear yard and is required to maintain a minimum five-foot setback from all property lines and all other structures.
4. The accessory structure shall not have a permanent heat source.
5. The accessory structure is intended to be for storage of tools or other household items and is not to be a space that is slept in.
6. The accessory structure is not allowed in critical areas or their associated buffers regulated under Chapter 15.40 MVMC.
H. Accessory dwelling units complying with the requirements outlined in MVMC 17.73.110. (Ord. 3884 § 5, 2023; Ord. 3802 § 11, 2019).
17.15.045 Administrative conditional uses.
Repealed by Ord. 3802. (Ord. 3429 § 55, 2008).
17.15.050 Conditional uses.
Uses permitted by a conditional use permit and classified as a Type III permit in R-1 districts are as follows:
A. Churches; provided, that their principal access is from a secondary arterial street or greater and they shall conform to all the development standards and requirements of the public (P) zone and concurrent with approval the city shall require both the comprehensive plan and zoning designations to be changed to public (P) during the city’s next comprehensive plan amendment cycle.
B. Community clubhouses and community association offices serving the immediate neighborhood;
C. Public utilities serving the immediate neighborhood;
D. Bed and breakfast establishments which meet the following criteria:
1. The structure shall be “owner-occupied” and serve as the primary residence of the owner;
2. Adequate off-street parking of one parking space per guest room plus two spaces for the owner shall be provided but shall not be in the required front yard unless it is screened and is compatible with the surrounding neighborhood;
3. The structure shall meet all city building and fire codes to protect the safety of customers;
4. Individual rooms that are rented shall not contain cooking facilities;
5. The only meal to be provided to guests shall be breakfast and it shall only be served to guests taking lodging in the facility;
6. There shall not be any other bed and breakfast establishments within a 300-foot radius;
7. The maximum number of days that a guest may stay shall be limited to 14 consecutive days. Guests may not stay more than 60 days in any one year;
8. The building structure may not be altered or remodeled to the extent that the resulting structure would be incompatible with the residential character of the neighborhood.
E. Specialized housing for the elderly that meets the following criteria:
1. This use must be sited on a lot that is no smaller than 10 gross acres in size.
2. This use must have its primary access off of a city designated arterial street.
3. The total number of resident rooms within any one structure used for specialized housing for the elderly shall not exceed 100. This criteria is meant to limit the size of these facilities; and as such, an applicant cannot use construction methods to provide separations according to the building code that would result in a structure with more than 100 resident rooms.
4. The structures must meet the setbacks, lot coverage and building height specified within this chapter.
5. Type I landscape screening (as defined within MVMC 17.93.040) shall be installed around the perimeter of the lot where it abuts other residential or public zoned properties.
6. All road frontages shall have no less than a 15-foot-wide landscape strip that complies with MVMC 17.93.020(D) installed. Additionally, no less than 20 percent of the gross site area shall be landscaped; and all parking areas with more than 20 parking spaces shall comply with MVMC 17.93.030(B).
7. A limited number of duplex units can be constructed to house the elderly; or a spouse of an elderly resident residing within the specialized housing for the elderly facility, so long as the following criteria are satisfied:
a. The number of overall units shall be calculated by taking the gross site area and subtracting out all public rights-of-way, critical areas as defined in Chapter 15.40 MVMC (but not buffer areas), the footprint(s) of all planned or existing buildings for specialized housing for the elderly and the parking and landscape areas associated with this use. The acreage that is left shall be multiplied by eight. Following is an example of how the maximum number of duplex units shall be calculated:
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Example: |
20-acre site |
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6 acres of public right-of-way |
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4.5 acres of building footprint(s) of specialized housing for the elderly |
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2.5 acres of parking for the specialized housing for the elderly |
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4 acres of landscaping |
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0.5 acre of wetlands |
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20-acre site minus 17.5 acres listed above = 2.5 net acres |
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2.5 net acres x 8 = 20 units; which means that 10 duplexes could be constructed so long as all of the listed siting criteria are met. |
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b. The duplex units shall meet the setbacks, lot coverage, parking and building height specified within this chapter.
c. The duplex units shall comply with the city’s design standards and guidelines for duplex units codified under Chapter 17.70 MVMC.
d. The duplex units can only be constructed at the same time or following the construction of facilities for specialized housing for the elderly.
e. The elderly occupants of the duplexes shall be able to utilize the facilities of the specialized housing for the elderly such as their cafeteria, transportation services, the organized social and recreational activities, etc.; and the applicant for such facilities shall be required to record CC&Rs to ensure compliance with this forever.
f. The duplex units and the specialized housing for the elderly shall remain under the same ownership.
8. If single-family detached housing units are constructed on the same site with specialized housing for the elderly facilities (as opposed to being located on individual platted lots), the number of single-family units that can be constructed shall be calculated by using the “density for mixed use buildings or developments” definition found in Chapter 17.06 MVMC. Single-family detached units must comply with the density and the other dimensional requirements of this chapter, they must remain under the same ownership as the specialized housing for the elderly facility unless they are located on individually platted lots, and shall comply with the city’s design standards and guidelines codified under Chapter 17.70 MVMC. (Ord. 3474 § 4, 2009).
17.15.055 Special uses.
Repealed by Ord. 3802. (Ord. 3429 § 56, 2008).
17.15.060 Lot area and width.
A. Minimum lot area per dwelling unit shall be as specified in MVMC 17.15.020. Minimum lot width at the street line shall be 20 feet; however, two individually platted lots can share one common access point as long as both lots have legal access directly off of a right-of-way or a legally recognized access easement that is at least 20 feet in width. Minimum mean depth of lot shall be 60 feet.
B. Those parcels identified on Map LU-5 within the city’s comprehensive plan shall have a net density no greater than 3.23 dwelling units per acre. (Ord. 3315, 2006; Ord. 3026 § 4, 2000; Ord. 2599 § 2, 1994; Ord. 2352, 1989).
17.15.070 Setbacks.
Minimum setback requirements are as follows:
A. Front yard: 25 feet on arterial streets and 20 feet on all other streets. Buildings on corner lots and through lots shall observe the minimum setback on both streets;
B. Side yard: five feet. The total of the two side yards shall be a minimum of 15 feet;
C. Rear yard: 20 feet. Where a rear yard abuts an alley, accessory buildings such as private garages and carports may be located no closer than eight feet to the rear property line.
D. For structures subject to design review per Chapter 17.70 MVMC setbacks are found in MVMC 17.70.070(A). (Ord. 3773 § 10, 2018).
17.15.080 Maximum land coverage.
Maximum land coverage by buildings shall be 35 percent; except structures subject to design review per Chapter 17.70 MVMC are allowed to have a maximum land coverage of 40 percent. (Ord. 3773 § 11, 2018).
17.15.090 Building height.
Maximum building height shall be two stories, but not more than 35 feet, except that churches may exceed this height with special permission of the city council. (Ord. 3315, 2006; Ord. 2352, 1989).
17.15.100 Parking.
There shall be provided and maintained for each residence at least two enclosed (private garage) parking spaces plus a driveway apron that will accommodate no less than two vehicles to accommodate vehicles used by the residents and guests of a residence, for a total of not fewer than four parking spaces per dwelling unit.
Exception: The community and economic development director may reduce the amount and type of required off-street parking for:
A. Affordable housing units as defined by Chapter 17.06 MVMC;
B. Senior housing developments. (Ord. 3429 § 58, 2008).
17.15.110 Signs.
No signs are permitted except as provided in Chapter 17.87 MVMC. (Ord. 3315, 2006; Ord. 2352, 1989).
17.15.120 Design review.
Certain uses permitted through this chapter are subject to the development regulations codified in Chapter 17.70 MVMC, Design Review. (Ord. 3773 § 12, 2018).