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Chapter 19.30
SUBURBAN RESIDENTIAL DISTRICT, S-RSections:
19.30.010 Uses permitted.
19.30.020 Building site dimensions.
19.30.030 Fronting of dwelling on street.
19.30.040 Yard requirements.
19.30.050 Off-street parking space.
19.30.060 Signs.
19.30.010 Uses permitted.
In the suburban residential district, S-R, no building or premises shall be used nor shall any building or structure be hereafter erected or altered except for one or more of the following uses:
(1) Any use permitted in the residential district, R-1;
(2) Agriculture;
(3) The display and sale of agricultural products raised on the premises where sold;
(4) The keeping of animals, except commercial hog ranches, is permitted as accessory to the family dwelling; provided, that all barns, stables, poultry houses, barnyards, corrals, poultry yards or runs shall be located not less than 100 feet from any public street or highway nor shall any of the above be located less than 100 feet from any dwelling on adjacent property; nor shall any barns, stables, poultry houses or other accessory buildings be located less than five feet from any adjoining or abutting property line; provided, further, that the keeping of animals creates no condition declared a nuisance in any court of record or which may be obnoxious or offensive by reason of damage to adjoining property or the emission of odor or noise;
(5) In addition to those uses which may be allowed as special property uses in accordance with the provisions of residential district, R-1, any of the following special property uses may be allowed by the board of adjustment in the manner provided in Chapters 19.57 through 19.66:
(a) Small animal farms,
(b) Facilities for athletic events;
(6) In addition to the foregoing uses it is recognized that certain parcels of property contained within the suburban residential district, S-R, may be suitable for use as a mobile home park as the same is defined in this code without such use being detrimental to the public health, safety, morals and general welfare of the community; therefore, the planning commission shall have a limited power to issue permits for such use after public hearing as herein provided:
(a) The planning commission shall have and exercise original jurisdiction in receiving, granting or denying all applications for such use,
(b) In exercising its discretion in granting or denying any such application the planning commission shall take into consideration the following guidelines and standards:
(i) That the location for such use shall not be injurious to the neighborhood or otherwise detrimental to the public health, safety, morals and general welfare,
(ii) That the use shall not be detrimental to the character and use of adjoining buildings and those in the vicinity,
(iii) That the use will not create a hazard in the immediate area either for pedestrian or vehicular traffic,
(iv) That adequate ingress and egress will be available for fire and other vehicular emergency equipment,
(v) That adequate off-street parking is provided to prevent congestion of public streets,
(c) All applications for mobile home park use shall be submitted in writing to the community and economic development department. Each such application shall contain a name and mailing address of the applicant or applicants, the legal description of the property for which the use is requested and a concise statement as to the reasons why such property is needed for and suitable to such use. The application shall be accompanied by a plot plan drawn to scale and the planning commission or building inspector may, at any time, require the applicant to furnish such additional written information as may be necessary to enable the planning commission to determine whether such application should or should not be granted. With each application a fee of $300.00 shall be paid to the community and economic development department to defray the city’s costs and expenses in processing such application including the publication and mailing of notices hereinafter required.
The written application, plot plan and other written information requested from the applicant by the building inspector shall be submitted to the planning commission at its next regular or special meeting. The planning commission at such meeting shall fix a time, date and place for public hear-
ing on such application which date shall be not less than 10 days after notice given in the following manner:
(i) By United States mail addressed to the applicant and to the owners of all adjoining or abutting property. (Property separated from the proposed location by a street, highway or other public road or alley shall be construed to be adjoining or abutting for the purpose of giving notice; and notices addressed to the last known address of the persons making the latest property tax payment shall be deemed proper notice to the owner of such property),
(ii) By not less than two printed or written notices posted in a conspicuous place at or near the location proposed,
(iii) By publishing two notices thereof in the official newspaper of the city, such notices to be published at least three days apart. Such notices shall contain the name of the applicant or applicants, the legal description of the property involved, the use of the property as a mobile home park, the date, time and place of the public hearing thereon and shall specify that any person interested may appear at such public hearing and be heard either for or against such application.
At such public hearing the planning commission shall proceed to hear all persons present who desire to be heard either for or against such application and shall render its decision upon such application at the conclusion of such hearing or as soon thereafter as reasonably possible. Any building permit thereafter issued for such use shall be in accordance with and subject to all of the terms and conditions contained in the decision of the planning commission,
(d) Such use shall not be subject to LMC 19.30.020 through 19.30.060;
(7) In addition to the permitted uses specifically allowed under this section, customer or employee parking areas may be allowed on adjacent property having a common contiguous boundary not separated by a street or alley upon approval of the appeal board of adjustment for supplemental parking only in the manner provided in Chapter 19.12 LMC, subject to the standards and guidelines therein and hereafter set forth, after complying with the minimum requirements established in applicable sections of Chapter 19.78 LMC (specifically LMC 19.78.061) and the requirements and limitations hereafter set forth; and provided further, that the appeal board of adjustment shall make a finding that such additional off-street parking is necessary to avoid traffic congestion and a potential hazard to the residents of the area and the general public using the street; and provided further, that:
(a) Property in any of the residential districts which is used for supplemental customer or employee parking purposes must be adjacent to the commercial use in the C-1, C-2, C-3 or C-4 commercial district,
(b) Adjacent property to the commercial use in the commercial districts defined in subdivision (a) of this subsection shall not be used in lieu of existing parking requirements established in Chapter 19.78 LMC for the commercial district; but may be used only for customer or employee supplemental parking only in addition to the required off-street parking,
(c) Landscaping, buffering and/or screening shall be required for any residential property used for supplemental parking. The landscaping, buffering and/or screening shall be approved by the appeal board of adjustment, subject to the submission of landscaping plans drawn to scale showing existing and proposed landscaping, numbers, names, height, width and varieties of trees and shrubs and a written statement of assurance that all landscaping shall be maintained at the owner’s expense,
(d) Supplemental customer or employee parking areas shall not be used for dead storage nor for any commercial purpose such as the display or sale of any merchandise or commercial parking lots, for which a fee is to be charged,
(e) No overnight parking shall be permitted in any supplemental customer or employee parking area;
(8) Group homes with a maximum number of eight residents, excluding staff, may be allowed as a special property use in the manner provided by Chapter 19.12 LMC; provided, that no group home shall be allowed within 600 feet of any other group home. (Ord. 2774, 2000; Ord. 2722 § 3, 1999; Ord. 1974 § 4, 1979; Ord. 1904 § 5, 1978; Ord. 1707 § 4, 1974; Ord. 1422 § 1, 1969; Ord. 1334, 1967).
19.30.020 Building site dimensions.
In the suburban residential district, S-R, no dwelling shall be hereafter erected upon any lot or plot having an area of less than 6,000 square feet nor a width of less than 50 feet; provided, that these regulations shall not prohibit the erection of one single-family dwelling upon any lot of record prior to April 13, 1967, because such lot is less area or width than herein required. (Ord. 1334, 1967).
19.30.030 Fronting of dwelling on street.
Every dwelling shall front upon a street, dedicated for public use and accepted by the city council as a public street, without any other building intervening between such dwelling and the street upon which it fronts. (Ord. 1334, 1967).
19.30.040 Yard requirements.
Except as provided in Chapter 19.72 LMC, for each dwelling there shall be a front yard of not less than 25 feet in depth, a rear yard of not less than 10 feet in depth, and a side yard on each side of the dwelling of not less than four feet in width, except that the side yard of a corner lot shall be not less than 20 feet in width on the flanking or side street line. (Ord. 2066 § 6, 1982; Ord. 1699 § 3, 1974; Ord. 1334, 1967).
19.30.050 Off-street parking space.
Every permitted land use hereafter erected or enlarged within the residential district, S-R, shall provide off-street parking and truck unloading facilities as required by applicable sections of Chapter 19.78 LMC. Required parking must be provided on the same lot or adjoining lot of the same ownership and not within any required setback area. Supplemental parking shall be permitted within the front yard and corner lot setback areas upon the designated driveway; provided, that said parking does not encroach into the public right-of-way. The designated driveway is the surfaced roadway leading from the street to the garage, covered parking area, or structure which once contained the garage. Supplemental parking is in addition to the required off-street parking area and is not to be used in lieu of parking required by this section. Additionally, parking shall be permitted within the side yards including corner lots, but not within any required setback. In the event of an enlargement or alteration of a structure, space shall be provided for off-street parking after such enlargement or alteration pursuant to the requirements of this section. (Ord. 2644 § 5, 1996; Ord. 1936 § 5, 1979; Ord. 1415 § 6, 1969; Ord. 1334, 1967).
19.30.060 Signs.
Such signs as are allowed in residential district, R-1, shall be allowed in this suburban residential district, S-R. In addition thereto, not more than two signs not exceeding eight square feet in area for each sign shall be allowed for the purpose of advertising for sale agricultural products raised on the premises where such signs are located. (Ord. 1334, 1967).
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