Chapter 18.19
R-SE RESIDENTIAL:
SUBURBAN ESTATE ZONE
Sections
18.19.010 Purpose of zone.
18.19.020 Permitted uses.
18.19.025 Hazardous substances.
18.19.030 Lot area.
18.19.040 Lot area per dwelling unit.
18.19.050 Lot width.
18.19.060 Front yard.
18.19.070 Side yard.
18.19.080 Height.
18.19.090 Permissible lot coverage.
18.19.100 Placement of buildings and structures.
18.19.010 Purpose of zone.
The principal objective and purpose to be served by this zone and its application is to provide areas permitting uses and activities more rural in character than practical in the more concentrated urban areas and, at the same time, establishing and maintaining a living environment of high standard for single-family residential use. As a means to this end, substantial lot areas and yards and open spaces are required. [Ord. 1237 § 3, 1999; Ord. 304 § 1(part), 1972.]
18.19.020 Permitted uses.
In an R-SE zone the following uses only are permitted and as specifically provided in and allowed by this chapter, subject to the off-street parking requirements and the general provisions and exceptions set forth in chapters 18.36, 18.40, and 18.44 DMMC:
(1) Any use permitted in the single-family residential zone under the same conditions set forth in such zone, except that the lot area, yard, and open space requirements set forth in this zone shall apply;
(2) Agricultural crops; provided, no retail sales of products are permitted on the premises;
(3) Accessory buildings and uses, including the following:
(a) Private stables; provided, such buildings or structures shall not be located closer than 35 feet to any boundary property line or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises; and provided further, that there shall be no open-air storage of hay, straw, shavings, or similar organic materials closer than 35 feet to any boundary property line or closer than 45 feet to any dwelling unit or accessory living quarters on the same premises;
(b) Greenhouses for propagation and culture only and no sales from the premises is permitted;
(4) Horses for use of the occupants of the premises only; provided, not more than one horse for each one-half acre of the total site area shall be permitted;
(5) Pasture and grazing but not including feed lots; provided, where such pasture or grazing area abuts upon any property line which is a common property line with residential property, there shall be erected and maintained on such common property line a fence not less than five feet nor more than six feet in height;
(6) Raising of chickens, squab, and rabbits for use of the occupants of the premises only; provided:
(a) No more than 30 of any one or combination of such fowl or animals may be kept on the premises;
(b) Any birds kept on the premises shall be confined within an aviary;
(c) Any buildings, pens, aviary, or structure used to house or contain such fowl and animals shall not be located closer than 35 feet to any boundary property line of the premises, or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises;
(7) Raising of hamsters, nutria, and chinchilla for commercial purposes; provided:
(a) Not more than 100 hamsters, or 100 chinchillas, or 100 of such animals in combination, may be kept on the premises;
(b) Any building, pens, cages, or structures used to contain or house such animals shall not be located closer than 35 feet to any boundary property line of the premises, or closer than 45 feet to any building containing a dwelling unit or accessory living quarters on the same premises;
(8) (Repealed by Ord. 584);
(9) Planned unit development as provided in chapter 18.52 DMMC;
(10) Unclassified uses as provided in chapter 18.32 DMMC. [Ord. 1237 §§ 2, 3, 4, 1999; Ord. 584 § 7(part), 1983; Ord. 304 § 1(part), 1972.]
18.19.025 Hazardous substances.
(1) No use permitted in this chapter, with the exception of public utility and service facilities, shall store any hazardous substance, except that for the purposes of this chapter the following substances shall be exempt:
(a) Heating oil stored in an underground tank sufficiently contained so as to preclude soil and ground water contamination;
(b) Gasoline stored in an approved Underwriters Laboratory container;
(c) Prepackaged retail quantities of fertilizers, pesticides, and auto and home care products only for home use.
(2) Failure to comply with any of the requirements of this section shall be deemed a violation and shall result in enforcement by civil penalty as set forth in DMMC 18.72.060. Any person or business who fails to comply with the provisions of this chapter, or permits a violation to continue after receiving written notice of violation from the community development director, shall be deemed to be causing or permitting a public nuisance and shall be liable in an action for abatement filed by the city in superior court. [Ord. 757 § 13, 1988.]
18.19.030 Lot area.
The minimum required area of a lot in an R-SE zone shall be 35,000 square feet. [Ord. 1237 § 2, 1999; Ord. 304 § 1(part), 1972.]
18.19.040 Lot area per dwelling unit.
In an R-SE zone the lot area per dwelling unit shall be not less than 35,000 square feet. [Ord. 1237 § 2, 1999; Ord. 304 § 1(part), 1972.]
18.19.050 Lot width.
In an R-SE zone every lot shall have a width of not less than 135 feet. [Ord. 1237 § 2, 1999; Ord. 304 § 1(part), 1972.]
18.19.060 Front yard.
In an R-SE zone every lot shall have a front yard with a depth of not less than 30 feet. [Ord. 1237 § 2, 1999; Ord. 304 § 1(part), 1972.]
18.19.070 Side yard.
In an R-SE zone every lot shall have a side yard on each side of the lot which side yard shall have a width of not less than 10 feet. [Ord. 1237 § 2, 1999; Ord. 304 § 1(part), 1972.]
18.19.080 Height.
In an R-SE zone no building or structure shall exceed a height of 35 feet, except for agricultural buildings as set forth in the general provisions. [Ord. 1237 § 2, 1999; Ord. 304 § 1(part), 1972.]
18.19.090 Permissible lot coverage.
All buildings and structures including accessory buildings and structures and any areas used to provide parking space, shall not cover more than 35 percent of the area of the lot. [Ord. 304 § 1(part), 1972.]
18.19.100 Placement of buildings and structures.
Placement of buildings and structures on any lot in an R-SE zone shall conform to the following:
(1) Interior Lots.
(a) Any building containing a dwelling unit or accessory living quarters shall observe a distance of not less than 10 feet from any lot side line and the lot rear line;
(b) The distance between a building containing a dwelling unit or accessory living quarters and any other buildings on the same lot shall be not less than 20 feet;
(c) On the rear third of a lot, accessory buildings not containing accessory living quarters (but not stables) may be built to the lot side lines and the lot rear line; provided, not less than 10 feet of the lot rear line shall be free and clear of buildings; and provided further, if the lot rears upon an alley a garage with a vehicular entrance from the alley shall maintain a distance of not less than 15 feet from the centerline of the alley.
(2) Corner Lots and Reverse Corner Lots.
(a) Any building containing a dwelling unit or accessory living quarters shall observe a distance of not less than 10 feet from any lot side line and the lot rear line;
(b) The distance between a building containing a dwelling unit or accessory living quarters and any other buildings on the same lot shall be not less than 20 feet;
(c) On the rear third of a corner lot, accessory buildings not containing accessory living quarters (but not stables) may be built to the lot interior side line and the lot rear line; provided, if the lot rears upon an alley a garage with a vehicular entrance from the alley shall maintain a distance not less than 15 feet from the centerline of such alley;
(d) On the rear third of a reverse corner lot, accessory buildings not containing accessory living quarters (but not stables) may be built to the lot interior side line, but no buildings shall be erected closer than 10 feet to the lot rear line unless an alley intervenes, in which case accessory buildings may be built to the lot rear line unless the accessory building is a garage with a vehicular entrance directly from the alley, in which case such building shall maintain a distance of not less than 15 feet from the centerline of the alley;
(e) In all cases the width of the required side yard on the side street side shall be observed. [Ord. 1237 § 2, 1999; Ord. 304 § 1(part), 1972.]