§ 27. District R-1 single-family residential district.
(a)
Use regulations. The building or premises in the R-1 district shall be used only for the following purposes:
(1)
Single-family dwellings.
(2)
Churches or other places of worship.
(3)
Parks, playgrounds, community buildings and other public recreational facilities owned or operated by the City of Taylor Lake Village or by another public body.
(4)
Public buildings, including municipal buildings, libraries, museums, police and fire stations.
(5)
Public schools.
(6)
Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work.
(7)
Real estate offices during the development of residential subdivisions, but not to exceed two years.
(8)
Civic association, nonprofit recreational uses incidental to and an amenity of a single-family residential development.
(9)
Accessory buildings and uses customarily incident to the above uses and located on the same lot therewith and not involving the conduct of a retail business; provided, however, that any such accessory building shall be of the same design and construction as the applicable primary structure.
a.
A billboard, signboard or advertising sign shall not be permitted as an accessory use, except as follows:
1.
An unilluminated for sale or for rent sign not more than six square feet in area and advertising the property on which the same is erected; provided, however, [that] the same shall be at least ten feet from the nearest street line.
2.
An unilluminated open sign not more than six square feet in area and relating to the property on which the same is erected, provided such sign is at least ten feet from the nearest street line and the building to which such sign pertains is actually open for inspection to the public during the time the open sign is displayed.
3.
An unilluminated sign advertising contractors or architects performing work on the property on which the sign is erected; provided, however, [that] such sign shall not be more than six square feet in area, shall be at least ten feet from the nearest street line, and shall be removed immediately upon completion of the building.
4.
Unilluminated signs showing names, activities and services provided at religious institutions; provided, however, [that] such signs shall not exceed six square feet in area unless located on the property to which they relate, and shall not be located within public rights-of-way. Signs denoting or advertising religious institutions located on the property to which they relate shall comply with subsection 30(g) herein.
b.
To qualify as accessory structures or uses, unlighted outdoor tennis courts shall be set back at least 25 feet from the nearest lot line; lighted outdoor tennis courts shall be set back at least 50 feet from the nearest lot line; provided, however, no tennis court shall be permitted in any front yard.
c.
To qualify as permitted accessory structures or uses, swimming pools, including any attached decks or waterfalls, shall not be placed in any front yard and shall be set back at least ten feet from the nearest lot line. Pool equipment shall not be placed closer than five feet from a side lot line, or ten feet from a rear lot line.
(10)
A transient rental is prohibited.
(11)
Conditional uses. The following uses may be permitted, if found to be in conformance with this section and the comprehensive plan, along Kirby Road, subject to review by the zoning commission and city council, and conformance with district R-1 or R-2 regulations, according to the use district applied to the property:
a.
Administrative and professional offices,
b.
Small scale personal or home services,
c.
Or other such uses as approved by city council.
Related retail sales may be included in the use provided they do not take up more than ten percent of the floor area devoted to the principle use.
All uses shall be small in scale and low in intensity of visitation by non-employees.
(b)
Building and structure height regulations. No building in the R-1 district shall contain more than two stories. The maximum building height shall be 42 feet. The highest point of the building, excluding chimneys and roof vents, shall not exceed 60 feet above mean sea level. Chimneys and roof vents shall not extend more than four feet above the highest point of the roof. No accessory building or structure shall exceed the height of the main building on the lot upon which such accessory building or structure is located.
(c)
Lot dimension regulations for the R-1 district.
(1)
Required dimensions for the front, rear, and side yards.
a.
The minimum required front, side, and rear yards shall be provided.
b.
Front yard. There shall be a front yard having a depth of not less than 25 feet.
c.
Side yard. There shall be two side yards on each lot, neither of which said side yard shall be less than ten feet in width; provided, however, a side yard adjacent to a side street shall have a width of not less than 25 feet. Provided, further, where a garage opening faces a side street, the building line for such garage shall be a minimum of 30 feet from the side lot line adjacent to the side street. Notwithstanding the foregoing, any main building or accessory structure lawfully existing on the effective date of this ordinance may be enlarged within a required side yard so long as such enlargement is not constructed any closer to the side lot line than the existing main building or accessory structure being enlarged.
1.
Mechanical and pool equipment may be placed in a side yard, provided the equipment is not closer than five feet from the side lot line.
2.
Building eaves may overhang the required side yard, provided the overhang is not more than three feet and the eaves are not closer than seven feet from the side lot line.
3.
Building eaves may overhang the required front and/or rear yard, provided the overhang is not more than three feet.
d.
Rear yard. There shall be a rear yard having a depth of not less than 15 feet, subject to the following exceptions:
1.
When adjacent lots are configured such that the rear yard of a lot abuts the side yard of an adjacent lot, then the required rear yard depth shall be reduced to equal the width of a required side yard.
2.
Any main building or accessory structure lawfully existing on the effective date of this ordinance may be enlarged within a required rear yard so long as such enlargement is not constructed any closer to the rear lot line than the existing main building or accessory structure being enlarged.
3.
Where lots have double frontage running through from one street to another, the required rear yard adjacent to the street shall have a depth of not less than 25 feet.
e.
Yard abutting arterial street. Any yard abutting an arterial street shall have a depth, if a front or rear yard, or width, if a side yard, of at least 25 feet.
f.
Exceptions.
1.
A main building or an accessory structure that is rebuilt on a nonconforming lot must comply with at least one of the following criteria:
i.
The rebuilt structure may be placed as close to the side lot line as the original structure, provided neither the height or square footage of the rebuilt structure exceed 110 percent of the height or square footage of the original structure; or
ii.
The rebuilt structure shall be set back from the side lot lines a distance that is at least ten percent of the width of the lot as measured at the 25-foot building line.
2.
A main building or an accessory structure that is rebuilt on a nonconforming corner lot of less than the required lot width may be placed as close to the abutting streets as allowed by the original building line.
(2)
Required size and dimensions for lots.
a.
Lot area. No lot shall be created which contains less than 12,000 square feet; provided, however, no corner lot shall be created which contains less than 14,000 square feet. No building shall be constructed or erected on any lot having less square footage than provided herein.
b.
Lot width. No lot shall be created having a width of less than 90 feet at the front street building line nor shall its average width be less than 90 feet; provided, however, no corner lot shall be created having a width of less than 100 feet at the front street building line nor shall the average width of such corner lot be less than 100 feet.
c.
Lot depth. No lot shall be created having a lot depth of less than 100 feet.
d.
Exceptions. Where a lot having less area, width or depth than herein required existed in separate ownership prior to the effective date hereof or prior to the effective date of any applicable amendment hereto, the above regulations relating to the size of lot shall not prohibit the construction or erection of a single-family dwelling thereon. Provided further, a lot created through the subdivision of fee strips, as provided in section 3.25 of Ordinance No. 84-226, as amended, may have less area, width, or depth than herein required when any such lot abuts an existing lot which, either standing alone or when combined with such new lot, would meet the area, width or depth required herein.
(3)
Maximum area (footprint) restrictions for buildings and other non-permeable surfaces. Not more than 50 percent of the lot area shall be covered by buildings, driveways, sidewalks, patios, pool decks, or other surfaces that are not permeable. For the purposes of this subsection, the water surface area of outdoor swimming pools shall be considered a permeable surface.
(4)
Fencing.
a.
Hurricane, chain-link and other similar wire-type fencing is prohibited;
b.
Fence height shall not exceed eight feet; and
c.
On corner lots, fencing of the rear yard adjacent to a side street may be placed no closer to the lot line than the required 25-foot side yard setback, but shall not extend towards the front of the lot past the rearmost corner of the primary structure closest to the side street.
(Ord. No. 08-566, § 1.B, 12-17-08; Ord. No. 09-573, § 1.B, 7-1-09; Ord. No. 10-600, § 2, 8-4-10; Ord. No. 13-636, § 2, 11-6-13)
Editor's note
Ord. No. 13-636, § 2, adopted Nov. 6, 2013, set out provisions adding subsection 27(a)(10). To maintain the existing subsection 27(a)(10) as previously added by Ord. 10-600, adopted Aug. 4, 2010, and at the editor's discretion, said provisions have been included herein as subsection 27(a)(11).