§ 5.08. RS-120 Single-Family Residential.

5.08.01

Intent. This district is intended to permit single family residential developments and other compatible uses on relatively ample sized lots.

5.08.02

Permitted Uses. The following principal uses are permitted in the RS-120 District.

1.

Single family detached dwellings.

2.

Community gardens.

3.

Public overhead and underground local distribution utilities.

4.

Public parks and recreation areas, playgrounds and conservation areas including woodlands and flood control facilities operated by the City of Bellevue or other political subdivision.

5.

Public utility main transmission lines including substations, distribution centers, regulator stations, pumping stations, treatment facilities, storage, equipment buildings, garages, towers, or similar public service uses.

5.08.03

Conditional Uses. The following uses are subject to any conditions listed in this Ordinance and are subject to other conditions relating to the placement of said use on a specific tract of ground in the RS-120 District as recommended by the Planning Commission and approved by the City Council.

1.

Banquet hall.

2.

Bed and Breakfasts.

3.

Cemeteries, provided all structures are located at least 100 feet from all property lines.

4.

Family Child Care Home II.

5.

Governmental services - administrative services.

6.

Governmental services - maintenance and service facilities.

7.

Hospitals, sanitariums, rest homes, nursing homes, elderly or retirement housing, convalescent homes, other similar institutions, or philanthropic institutions.

8.

Private recreation areas and facilities including country clubs, golf courses (but not miniature golf), and swimming pools.

9.

Public, parochial and private schools and colleges offering courses of general instruction when located on sites of at least 5 acres and including convents, monasteries, dormitories and other related living structures when located on the same site as the school or college.

10.

Quasi-public buildings, structures and uses.

11.

Radio, television and wireless communication towers and transmitters, as per Section 8.05

12.

Religious institutions such as churches, synagogues, chapels, and similar places of religious worship and instruction when located in a substantial structure and on a site of at least two acres.

5.08.04

Permitted Accessory Uses. The following accessory uses are permitted in the RS-120 District:

1.

Amateur radio towers and associated facilities, as per Section 8.05

2.

Buildings and uses customarily incidental to the permitted and conditional uses, provided they are located to the rear or side of the primary structure, including private sheds and garages, provided size of the accessory structure is in conformance with these regulations.

3.

Family Child Care Home I

4.

Guest houses, not rented or otherwise conducted as a business.

5.

Home based businesses, as per Section 8.04

6.

Incidental public safety uses such as emergency sirens.

7.

Living quarters for not more than two persons regularly employed on the premises.

8.

Offices incidental to and necessary for conducting a permitted use.

9.

Portable Outdoor Storage shall be a permitted accessory uses subject to the following conditions:

A.

Portable outdoor storage shall be permitted for no more than seven days in any thirty day period.

B.

Portable outdoor storage containers shall be no more than eight feet wide, eight feet high, and sixteen feet long.

C.

Portable outdoor storage containers shall be placed on an approved hard surface.

D.

No more than on portable outdoor storage container may be located on a lot at any one time.

10.

Private stables, corrals and paddocks when located no closer than 20 feet from any property line, no closer than 50 feet from a street line and no closer than 40 feet from any dwelling on the same or adjoining property. No horse or other equine shall be kept on a lot of less than one acre and two horses, or other equines, may be kept on an acre, but for each additional horse or other equine above two kept there shall be an additional 20,000 square feet in lot area.

11.

Residential and small wind energy systems, subject to Section 8.09

12.

Temporary buildings incidental to construction work where such buildings or structures are removed upon completion of work.

13.

The keeping of dogs, cats, and other household pets, but limited to 3 animals over six months of age.

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5.08.05

Height and Lot Requirements.

1.

The height and minimum lot requirements shall be as follows:

Uses	Lot Area (sq. ft.)	Lot Width (ft)	Front Yard (ft)	Street Side Yard (ft)	Side Yard (ft)	Rear Yard (ft)	Max. Height (ft)
Residential Dwelling	12,000	80	35	20	10	35	35
Other Permitted Uses	12,000	80	35	20	10	35	35
Conditional Uses	12,000	80	35	20	10	35	35
Accessory Buildings	-	-	35	20	5	5	15

 

Note— Three acre minimum for lots with private wells/septic systems, 12,000 square feet for any combination of public and private water/sewer systems. In all cases, the waste handling system must meet the requirements of Title 124 from NDEQ or subsequent agencies.
For each additional two feet of setback, height may be increased one foot but in no event shall the accessory structure be taller than the principal structure.
If along a county road then measured from road right-of-way.

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5.08.06

Miscellaneous Provisions.

1.

The maximum gross floor area ratio is 0.3.

2.

The Maximum ground coverage including accessory buildings is 25 percent.

3.

Off-street parking space shall be provided for all uses established in this zone.

4.

Only one building for living purposes shall be permitted on one zoning lot except as otherwise provided herein.

5.

Any development within this zoning district utilizing off-street parking shall be landscaped and screened in accordance with this ordinance.

6.

All parking and storage of vehicles, boats, campers and trailers shall be in conformance with Sections 8.01—8.03.

7.

All signage shall be in conformance with Article 7