[2] Except as provided for in Section 25 Subsection 6 and 7

[3] Except as provided for in Section 24 Subsection 4

Duplex Residential Zone A-1

Section 21.   Uses Permitted Outright . In an A-1 zone the following uses and their accessory uses are permitted outright:

(1) A use permitted outright in a R-10 zone.

(2) Duplex dwelling, including individual ownership of each unit through the establishment of a property line through the common wall between the two individual units of a duplex.   (Amended by Ord.   Nos.   3029/8-79; 3092/2-80; and 3395/10-83.)

(3) Condominium or unit ownership where the units meet all other requirements of the zone.   (Added by Ord. No. 3029/8-79.)

(4) Group living structure, limited to the density allowable.   (Added by Ord. No. 3029/8-79 and 5667/9-06.)

(5) Manufactured home park which meets the standards of Sections 77A through 77D.   (Added by Ord. No. 4213/3-94.)

(6) Multi-family dwelling or townhouse, subject to Subsections 22A and 24.   (Added by Ord. No. 4388/11-95.)   

Section 21A. (Deleted by Ord. No. 4902/5-00)

Section 22.   Conditional Uses Permitted . In an A-1 zone the following uses and their accessory uses are permitted when in accordance with Sections 78 to 83.

(1) A use permitted as a conditional use in a R-7 zone.

(2) Hospital, sanitarium, home for the aged, rest home, nursing or convalescent home.

Section 22A.   Minimum and Maximum Density.  In the A-1 zone, the minimum and maximum density standards are as follows:

(1)  11 dwelling units minimum, and 16 dwelling units maximum per net residential acre; and

(2) Developments not approved pursuant to Section 127 Planned Unit Development, within areas identified as Urban Area B and Urban Area C in the previous Urban Planning Area Agreement between Hillsboro and Washington County (adopted December 28, 1983), may have overall densities in the multi-family portions of mixed density developments in the A-1 zone exceeding 16 dwelling units per net acre; however, the maximum overall density of the entire mixed density development in the A-1 zone shall be limited to 16 dwelling units per net acre.

(Section 22A added by Ord. No. 4902/5-00.)

 Section 23.   Signs . (Deleted by Ord. No. 5676/10-06. See Municipal Code Chapter 11.32.)

Section 24.   Lot Size . In an A-1 Zone, the lot sizes shall be as follows:

(1) The minimum average lot area shall be 4500 square feet for detached single family lots, 6000 square feet for duplex lots and 9000 square feet for multi-family lots, except as provided in Subsections (4) and (5) of this Section.  However, in a newly platted or replatted subdivision of eight lots or more lot areas and widths shall be varied as specified in the Lot Dimension and Setback Variation Requirements adopted under Subdivision Ordinance Article VII.  (Amended by Ord. Nos. 3029/8-79; 3451/3-84; 4388/11-95; and 4902/5-00, and 5778/8-07.)

(2) The minimum lot widths at the front building line shall average 50 feet, except as provided for in Subsection (4) of the Section.  (Amended by Ord. No. 3451/3-84; and 4388/11-95 and Ord. No. 5778/8-07.)

(3) The minimum lot depths shall average 85 feet.  (Amended by Ord. No. 3451/3-84; and 4388/11-95 and 5778/8-07.)

(4) Notwithstanding the dimensional and area standards set forth in Subsections (1) and (2) above, approved duplex and multi-family lots may be split in order to allow for dual ownership, provided that the parent parcel meets or exceeds the minimum average lot area and width specified in Sections 1 and 2.  The dwelling units shall have a common wall at the zero lot line.  (Added by Ord. No. 3395/10-83; and Amended by Ord No. 4388/11-95 and 5778/8-07.)

(5) No more than four (4) dwelling units per structure shall be allowed on lots smaller than 22,000 square feet in area.  (Added by Ord. No. 4388/11-95, Amended by Ord. No. 5778/8-07).

Section 25.   Setback Requirements.  Except as provided in Sections 88 and 93, in an A-1 zone the yards shall be as follows:

(1) The front yard of the house shall be a minimum of 15 feet, and the front yard of the garage shall be 20 feet, except as provided in Subsections (5), (7) and (8) of this Section.   (Amended by Ord. No. 4388/11-95 5778/8-07 and 5892/12-08.)

(2) The side yards shall be a minimum of five feet, except as provided for in Subsections (6), (7), and (8) of this Section.  (Amended by Ord. Nos.  2350/4-70; 3451/3-84; and 4388/11-95; and 5778/8-07.)

(3) The rear yard shall be a minimum of 15 feet.  (Amended Ord. No. 4388/11-95; and 5778/8-07.)

(4) All corner lots shall have interior yards of not less than five feet, except as provided in Subsections (7) and (8) of this Section.  (Added by Ord. No. 2350/4-70 and Amended by Ord. No. 3451/3-84; and 4388/11-95; and 5778/8-07.)

(5) All All corner lots shall have one front yard setback of not less than 20 feet and one front yard setback of not less than 10 feet, except as provided in Subsection (7) of this Section.  However, the garage shall have a minimum 20 foot setback..  (Added by Ord. No. 2350/4-70; and Amended by Ord. No. 4388/11-95; and 5778/8-07.)

(6)  The five foot side yard setback required in subsection (2) of this section may be waived for approved duplex and multi-family lots partitioned or subdivided in accordance with Section 24(4), when the proposed property line corresponds with a common wall between individual units.  (Added by Ord. No. 4388/11-95)

              Waiver of the five foot side-yard setback may include approval of eave, gutter, and other non-structural, non-load-bearing projections extending up to eighteen (18) inches past the common wall property line of a duplex or multi-family lot partitioned or subdivided in accordance with Section 24 (4).  Partitions or subdivision of duplex or multi-family lots involving structures with projections extending across the common wall property line shall be conditioned to require provision of reciprocal easements for the encroachment and maintenance of the projections.  (Added by Ord. No. 4500/1-97.)

 

(7) Developments proposing zero lot line sideyard setbacks and reduced front and rear yard setbacks, for attached or detached single family residences such as rowhouses and courtyard cluster houses, may be approved only pursuant the Planned Unit Development process as specified in Section 127 of this Ordinance.  (Added by Ord. No. 3395/10-83; Renumbered and Amended by Ord. No. 4388/11-95; Amended by Ord. No. 5778/8-07.)

(8) In a newly platted or replatted subdivision of eight lots or more, front yards shall be varied, and side yards may be varied, as specified in the Lot Dimension and Setback Variation Requirements adopted under Subdivision Ordinance Article VII.  (Added by Ord. No. 5778/8-07.)

Section 26.   Height of Building .   In an A-1 zone buildings shall not exceed a height of 35 feet or two and a half stories, whichever is less.

Section 27.   Lot Coverage .   In an A-1 zone buildings shall not occupy more than 50 percent of the lot area.   Attached single family dwellings partitioned or subdivided pursuant to Section 24(14) and detached single family dwellings with an accessory dwelling may occupy up to 65 percent of the lot area.   (Amended by Ord. No. 4902/5-00.)