CHAPTER 33 Title 10 RE Zone
CHAPTER 33
RE RESIDENCE ESTATE ZONE
SECTION:
10-33-1: General Objectives and Characteristics of Zone
10-33-2: Use Requirements
10-33-3: Area Requirements
10-33-4: Width Requirements
10-33-5: Location of Buildings, Structures, and Animal Areas and Enclosures
10-33-6: Height of Buildings
10-33-7: Size of Buildings
10-33-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in
establishing the RE Residence Estate Zone is to encourage the creation and maintenance of
residential areas in the City for single family residential use, with spacious landscaping surrounding
the residence or other main building occupied by humans, and lots sufficiently large to permit the
limited keeping of animals. This zone shall be granted in lieu of the overlay zone for the keeping of
animals. No single lot, regardless of the status of platting in the RE Residence Zone shall contain
more than one living unit, except as specifically allowed by this Title of the City code. This zone does
not allow a density that will exceed one (1) unit per acre.
In order to accomplish the objectives and purposes of this ordinance and to promote the
characteristics of the zone, the following regulations shall apply in the RE Residence Estate Zone
(see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to
Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix).
10-33-2: USE REQUIREMENTS: In addition to the allowed residential uses the following uses
shall be permitted in the RE Residence Estate Zone:
(A) Any use permitted by Section 5-3-8, Keeping or Maintaining Animals.
(B) Pasturage is allowed on any part of the lot outside of the landscaping area surrounding the
dwelling and accessory dwelling unit occupied by humans.
(C) Feeding, resting, or loafing areas, and pens, corrals, runs, or other open air animal, livestock,
or fowl enclosures more restrictive in nature than a pasture, and barns, stables, coops, sheds, or
other buildings for animals, livestock and/or fowl.
(D) No animal, livestock, or fowl may be fed, maintained, pastured, or kept in or on any part of
the landscaped area surrounding the dwelling and accessory dwelling unit occupied by humans.
Page 1 of 3 REVISED 05-06-2021
10-33-3: AREA REQUIREMENTS:
(A) A lot with an area of not less than one (1) acre (forty-three thousand five hundred sixty
\[43,560\] square feet) shall be provided and maintained for each single-family dwelling or
accessory dwelling unit and uses accessory thereto. No lot may be less than one (1) acre.
See also 10-37-2
(B) An area of not less than twelve thousand five hundred (12,500) square feet, or 20,000
square feet for lots containing an accessory dwelling unit, shall be used for the dwelling or
accessory dwelling unit occupied by humans, and for landscaping surrounding the dwelling or
accessory dwelling unit. The landscaping surrounding the dwelling or accessory dwelling unit
occupied by humans shall minimally include the minimum required front yard, minimum
required side yards, and minimum required rear yard. See also 10-37-2
10-33-4: WIDTH REQUIREMENTS: Any building site for a dwelling or other main building
must be wholly contained on one or more whole lots. The minimum width for any lot shall be one
hundred twenty-five (125) feet.
10-33-5: LOCATION OF ACCESSORY STRUCTURES AND ANIMAL AREAS AND
ENCLOSURES: All buildings and structures, all feeding, resting, or loafing areas, and all pens,
corrals, runs, or other open air animal, livestock, or fowl enclosures more restrictive in nature than a
pasture, shall meet the most restrictive combination of the following:
(A) SETBACK: No accessory structure shall be located closer to the street (or granted
easement of vehicular access) fronted by the main dwelling, than the distance of the
main dwelling to the street (or granted easement of vehicular access)
(B) SIDE YARDS: There shall be a side yard on each side of any building or structure,
any feeding, resting, or loafing area, and any pen, corral, run, or other open air
animal, livestock, or fowl enclosure more restrictive in nature than a pasture, of not
less than twenty (20) feet.
(C) REAR YARD. There shall be a rear yard behind any dwelling, and between the rear
property line and any accessory dwelling unit or accessory structure, feeding, resting,
or loafing area, and any pen, corral, run, or other open air animal, livestock, or fowl
enclosure more restrictive in nature than a pasture, of not less than twenty-five (25)
feet. For accessory structures not occupied by animals, no rear yard shall be
required, provided that the accessory structure’s drip line remains within the property,
except where an alley is located at the rear of a lot, in which case a three (3) foot rear
yard is required.
10-33-6: HEIGHT OF BUILDINGS: Maximum building height is subject to the Fire Department’s
ability to provide adequate fire protection. Roofs above the square of the building, chimneys, flag
poles, television antennas and similar structures not for human occupancy are excluded in
determining height. In addition to International Building Code requirements, any building where the
eaves of the roof, or for roofs without eaves the top of the building walls, is greater than twenty-five
Page 2 of 3 REVISED 05-06-2021
(25) feet above the average natural grade of the land, must be reviewed by the Fire Marshall, and
approved by City Council.
10-33-7: SIZE OF BUILDINGS: The floor area of the first story above grade of any one-family
dwelling shall be not less than one thousand five hundred (1,500) square feet, excluding garage
space and open porches and carports. For dwellings containing more than one story above grade,
the floor space of the first story above grade may be reduced below this level provided the total floor
area of all stories located above grade is not less than two thousand six hundred (2,600) square feet.
(Only those stories which are more than fifty percent (50%) above grade shall be considered to be
above grade. See §10-2 for the definition of "grade".) For other buildings, there shall be no
minimum floor area requirements.
Page 3 of 3 REVISED 05-06-2021