10-4C-2 Permitted and Conditional Uses

The following uses or categories, including but not limited to, are permitted in the R2 Zone. 1. Permitted Principal Uses: The following principal uses and structures are permitted in the R2 Zone. • Agriculture and agricultural related activities as limited herein. • Communication systems. • Mobile Home Park (Strictly as now existing) • Nursery, primary and secondary education facilities, • Religious Facilities. • Animals (noncommercial as limited herein). • Schools (Elementary, Junior High and High School) • Multiple family dwellings, as limited herein • Public parks. • Single-family dwellings. • Animal Keeping: The limitations on the keeping and maintenance of animals and fowl permitted in the R2 Zone are described below. The mixing of animal types (i.e. a cow and a sheep on the same property) is only permitted as long as the one (1) or more property requirements noted below are both met (i.e. for a cow and sheep on the same property, 1/4 an acre must be available for both animals (1/2 acre) dedicated space). i. Farm Animals 1. Horses, Cattle and Oxen: a. Property Requirements: one (1) horse, cow or ox per dedicated (free of residential space) one quarter (1/4) acre of property. No other farm animals are allowed on property dedicated for a horse, cow or ox. For additional farm animals, additional dedicated space per the requirements of this section, is required. All animals kept prior to the modification of this ordinance (3/2018) are hereby grandfathered. b. Care and Maintenance: All horses within city limits must be properly cared for and the property which is dedicated to their care must meet constant and proper hygiene requirements in conjunction with Moroni City Code 4 – Public Health and Safety. 2. Swine: a. Property Requirements: One (1) swine per dedicated (free of residential space) one quarter (1/4) acre of property. Maximum number of swine allowed within city limits is set at two (2), following the property requirements stated here. No other farm animals are allowed on property dedicated for swine. For additional farm animals, additional dedicated space per the requirements of this section, is required. b. Care and Maintenance: All pet swine within city limits must be properly cared for and the property which is dedicated to their care must meet constant and proper hygiene requirements in conjunction with Moroni City Code 4 – Public Health and Safety. 3. Sheep and Goats: a. Property Requirements: five (5) sheep or goats per dedicated (free of residential space) one quarter (1/4) acre of property. No other farm animals are allowed on property dedicated for sheep or goats. For additional farm animals, additional dedicated space per the requirements of this section is required. All animals kept prior to the modification of this ordinance (3/2018) are hereby grandfathered. b. Care and Maintenance: All sheep / goats within city limits must be properly cared for and the property which is dedicated to their care must meet constant and proper hygiene requirements in conjunction with Moroni City Code 4 – Public Health and Safety. ii. Small animals: there shall be no more than twenty-five (25) such animals per dwelling unit with the minimum of ¼ acre lot. Small animals include, but are not limited to, the following: 1. Poultry (3/5/2015) 2. Ducks 3. Birds 4. Rabbits Any such animals must be maintained in an enclosure appropriate to the animal and maintained in the side or back portions of lots. Keeping of such animals is prohibited in the front of the home. iii. Household Pets: 1. Large: there shall be no more than three (3) large pets over the age of four (4) months per dwelling unit with the minimum of ¼ acre lot. 2. Small: there shall be no more than six (6) small pets over the age of four (4) months per dwelling unit with the minimum of ¼ acre lot. iv. Violation of Ordinance: A violation of this section follows the resulting progressive penalties: 1. A warning letter will be issued with thirty (30) days, from the time of issuance, to resolve the violation. 2. If the violation is not appropriately resolved within the required thirty (30) days, a misdemeanor class B citation may be issued. 2. Permitted Accessory Uses: Accessory uses, and structures are permitted in the R2 Zone, provided they are incidental to, and do not substantially alter, the character of the permitted principal use or structure. • Such permitted accessory uses, and structures include, but are not limited to, the following: i. An accessory dwelling unit (ADU), consistent with the provisions of Moroni City Code 10-8-20. ii. Accessory buildings such as garages, carports, greenhouses, gardening sheds recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principal use or structure. iii. Swimming pools and incidental bath houses. iv. Storage of materials used for the construction of a building, including a temporary contractor’s office and/or tool shed; provided, that such uses are on the building site or immediately adjacent thereto; and provided further, that such shall be for only the period of construction and thirty (30) days thereafter. v. Buildings or structures required for the housing, nurture, confinement or storage of animals permitted in this Zone, or equipment required for the care and keeping thereof. vi. Individuals may use a Recreational Coach as a temporary dwelling in the city for a period not to exceed two (2) weeks per year if the Recreational Coach is being utilized for temporary housing by visiting guests. A longer period may be granted, by an issued permit, if the Recreational Coach is being used as a construction office or temporary housing and is placed on the Lot and off of the street, and only where a permanent structure is being constructed by the property owner. The individual must obtain a permit from City Administrator which shall not be granted unless the Individual also obtains, prior to or contemporaneously therewith, a building permit to construct the permanent structure and actual construction is commenced within thirty days (30) of obtaining the building permit. Upon issuance of a certificate of occupancy or within one year after this permit has been granted, whichever occurs first, the Recreational Coach must be removed as a temporary residence or construction office within fourteen days (14). The Recreational Coach must be located on the Lot and shall comply with all setbacks required in this Ordinance for storage or placement of a Recreational Coach. 1. A Recreational Coach shall not to be used as a permanent dwelling within any zone. A Recreational Coach may be utilized as a temporary dwelling or as a Temporary Multiple-Family Dwelling under the following restrictions: 2. (1) Individuals may use a Recreational Coach as a temporary dwelling in the city for a period not to exceed two (2) weeks to a bona fide guest of the occupants of a permanent premises, not being utilized for any commercial or residential rental purpose. A Recreational Coach shall not be located within a triangular area formed by the property lines connecting them at points twenty-five (25’) from the intersection of property lines of any street corner or intersection as defined by Section 10-8-8 of this Title; nor shall it be a sight distance hazard to vehicular or pedestrian traffic. 3. (2) The City Administrator may administratively grant an additional one-week extension by issuing a seven (7) day permit after which the Recreational Coach must be removed for a period of at least thirty (30) days. vii. Home occupations, subject to the conditions of this Title. • All detached buildings or structures, including carports or shipping storage containers, must meet the following requirements: i. Must be located behind the front wall plane of the principal structure for non- corner lots. ii. For corner lots, an accessory building may be located in the side yard provided it is placed behind the front wall plane of the principal structure. The accessory building must not encroach into the required front setback of the lot. While it may be adjacent to the side road, it must still comply with all applicable side and rear yard setbacks. iii. Accessory buildings shall not cover more than 30% of the rear yard iv. Accessory buildings, including carports, may be attached or detached to the existing house or any other structure, in accordance with applicable fire and building codes, including provisions for fire walls. v. Accessory buildings or structures must meet the following requirements: 1. Must be set back at least 5 feet from property lines unless firewalls are provided for walls which lay closest and parallel to property lines, as approved by the building inspector or designee 2. The roof must be no taller than 12 feet tall at the property lines and may slope higher at the maximum rate of 1 vertical foot per horizontal foot away from the property line. Buildings taller than 12 feet must be set back from property lines at least 1 foot for every foot above 12 foot in height. vi. Exceptions to this setback requirement for height may be granted by the Planning Commission if all adjoining property owners agree to the proposed height in writing. vii. Accessory buildings or structures over 200 square feet in area must have a building permit and comply with all requirements of this ordinance and the building and fire codes. viii. Private garages and accessory buildings located less than 5 foot from the property line must also meet the following: 1. the roof shall not project across the property line; 2. storm water runoff from the building shall not flow onto adjacent property. 3. the building shall not be placed over any designated easements. ix. Accessory buildings shall not provide living quarters nor act as a dwelling unit or an accessory apartment to the primary dwelling residence unless granted as an Accessory Dwelling Unit (ADU). Such accessory buildings used for residential occupancy shall only be permitted as specified in this ordinance. 3. Conditional Uses: The following uses and structures are permitted in the R2 Zone only after a conditional use permit has been approved by the City Council and subject to the terms and conditions thereof: • Animal hospital services. • Communications facilities. • Convalescent and rest home services. • Governmental services. • Public recreation activities. • Utilities. • Multiple family dwellings 4. Storage Units: Storage units are prohibited in the C2 Zone.