TITLE 4

RURAL MUNICIPALITIES

ARTICLE 1

RURAL MUNICIPALITY RESIDENTIAL DISTRICT (R-2)

TITLE 4 - ARTICLE 1

RURAL MUNICIPALITY RESIDENTIAL DISTRICT (R-2)

SECTION 4-101 – Intent.

The intent of the Rural Municipality Residential District is to provide for residential uses of all types and other compatible uses in a pleasant and stable environment. This shall be used within communities with a population of 5,000 or less.

SECTION 4-102- Permitted Uses.

Within any "R-2" one family use district, no structure shall be used except for one or more of the following uses:

1.One family detached dwellings;

2.Public parks and playgrounds;

3.Child care facilities, Class I;

4.Modular home as defined in Title 1 Article 10;

SECTION 4-103- Conditional Uses.

Within any "R-2" one family use district, no structure or land shall be used for the following uses except by conditional use permit:

  1. Public and parochial schools which teach a curriculum similar to public schools provided;
  2. No building shall be located within fifty feet of any lot line of an abutting lot in an "R" use district, and
  3. A fence shall be erected along the boundary line which is common with private property not owned by the school;
  4. Churches including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site provided no building shall be located within fifty feet of any lot line of an abutting lot on an "R" district;
  5. Municipal buildings and utility structures subject to the following:
  6. Water pump houses and sanitary sewage lift stations which if not located below grade on a landscaped site shall be in a building which conforms to yard requirements and architectural style of the neighborhood,
  7. Gas regulator stations, electric power regulator stations and telephone regulator stations, which if not located below grade on a landscaped site shall be in a building which conforms to yard requirements and architectural style of the neighborhood. Should the structure require fencing, the fence shall be located in conformance to all yard requirements,
  8. Water towers shall be so located as to conform to all yard requirements,
  9. Electric power transmission line towers shall be so located as to share the right-of-way or be directly abutting rights-of-way for railroads or major thoroughfares,
  10. Park buildings, provided no building is less than fifty feet from a lot line of an abutting lot line in an "R" district,
  11. Public transportation shelters which are open may be erected to within one foot of the public right-of-way;
  12. Golf courses, country clubs, tennis clubs, swimming pools serving more than one family provided:
  13. No principal buildings are within fifty feet of a lot line in an "R" district,
  14. "Golf course" means one averaging one hundred fifty yards per hole of more with not less than five holes,
  15. "Country club" shall have at least a nine-hole golf course,
  16. All golf courses shall provide a link fence along the boundaries common to private land,
  17. Tennis clubs shall not provide lighted courts after eleven p.m., and
  18. Swimming pools shall not be nearer than twenty-five feet to a lot line in an "R" district;
  19. Greenhouses and vegetable stands selling products grown on the premises;
  20. Operation of through trains, but not switching, storage or other railroad operations;
  21. Nursing Homes;
  22. Medical Facilities;
  23. Rental Storage Units;
  24. Mobile Home Parks.

SECTION 4-104- Permitted Accessory Uses.

Within the "R-2" one family district the following uses shall be permitted accessory uses:

1.Private garages, parking space, carport for passenger cars and for one straight truck not to exceed twenty-five thousand GVW and truck tractors, when owned by the occupant of the dwelling;

2.Accessory buildings other than private garages not to exceed two hundred square feet;

3.Private swimming pool and tennis court provided such pool is adequately fenced and located not less than ten feet from the lot line;

4.Home occupation (requires certificate of occupancy);

5.Signs, as regulated here in;

6.Buildings temporarily located for purposes of construction on the premises for a period not to exceed time normally necessary for such construction;

7.Gardening and other horticultural uses;

8.Decorative landscape features;

9.Keeping of not more than two boarders or roomers by resident family;

10.Garage sales, provided that no sale shall continue for more than two days and frequency shall not be greater than twice a year. A "garage sale," for purposes of this title, means the display of used goods and/or salesmen's samples and sale of the goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the immediate neighborhood.

SECTION 4-105- Minimum/Maximum Requirements.

Requirements shall be as follows:

  1. There shall be a front yard setback of not less than a depth of thirty (30) feet. There shall be a rear yard setback of not less than a depth of seven (7) feet. Each side yard setback shall not be less than seven (7) feet. All distances shall be measured from the outer edge of the property line. Front yard and side yard setbacks adjacent to a road right-of-way shall be not less than thirty (30) feet.
  2. No structure or building shall exceed three stories or thirty-five feet, whichever is the lesser in height;
  3. A side yard abutting on a street shall not be less than thirty feet in width;
  4. The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this section.
  5. The minimum lot width for a one story structure shall by sixty feet with a front and rear yard setback of thirty feet and a side yard setback (not adjacent to a public road) shall be seven feet;
  6. The minimum lot width for a two story structure shall be sixty feet with a front and rear yard setback of thirty feet and a side yard setback (not adjacent to a public road) shall be nine feet;
  7. The minimum lot width for a three story structure shall be sixty feet with a front and rear yard setback of thirty feet and a side yard setback (not adjacent to a public road) shall be eleven feet.
  8. All lots within this district shall be platted.
  9. All such lots shall provide two side yards.

SECTION 4-106- Dwelling Units.

The following minimum area requirements for dwelling units in this zoning classification shall be as follows:

1.Single family detached dwelling shall contain at least seven hundred square feet of floor area, five hundred square feet of which shall be on the first floor.