Article 38. - RC Rural Commercial District.

Purpose: To implement Section 2.3 of the general plan by providing appropriate locations in rural areas and unincorporated communities for a mixture of residential and commercial uses. The intent is to foster compatibility between commercial uses and community residents by retaining discretionary jurisdiction over new commercial uses.

(Ord. No. 4643, 1993.)

Sec. 26-38-010. - Permitted uses.

Permitted uses include the following:

(a)

One (1) dwelling unit on a permanent foundation per lot;

(b)

Home occupations subject to the requirements of Section 26-88-121 and approval of a zoning permit;

(c)

Small residential community care facility;

(d)

Sales and promotion of agricultural products grown, produced, or processed on site and subject to the provisions of Article 82;

(e)

Accessory building and uses incidental and appurtenant to any permitted use;

(f)

Beekeeping;

(g)

Attached commercial telecommunication facilities subject to the applicable criteria set forth in Section 26-88-130;

(h)

Minor and intermediate freestanding commercial telecommunication facilities eighty feet (80′) or less, subject to the applicable criteria set forth in Section 26-88-130;

(i)

Noncommercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26-88-130;

(j)

Small wind energy systems not located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to zoning permit approval and the standards in Section 26-88-135;

(k)

Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those uses described in this section.

(Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(bb), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)

Sec. 26-38-020. - Uses permitted with a use permit.

Uses permitted with a use permit include the following:

(a)

All uses permitted in the LC or AS district, whether by right or with a use permit, except that (1) no dwelling units in addition to those permitted in Sections 26-38-010(a) and 26-40-020(a) shall be allowed, and (2) small wind energy systems shall be allowed only as provided in subsection (b) of this section;

(b)

Small wind energy systems located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to the standards in Section 26-88-135.

(c)

Live/work uses in conjunction with a legally established single family residential unit subject to the requirements of Section 26-88-122. Live/work uses shall not be permitted in a mixed use development, SRO unit, or caretaker unit.

(Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(cc), 2003; Ord. No. 4643, 1993.)

Sec. 26-38-030. - Permitted building intensity and development criteria.

The use of land and structures within this district is subject to this article, the general regulations of this chapter, and the provisions of any district which is combined herewith. Policies and criteria of the general plan and any applicable specific or area plan or local area development guidelines shall supersede the standards herein.

(a)

Building Intensity. The maximum building intensity of the use of a site shall be determined by multiplying the maximum building height limit and the maximum lot coverage. The specified height or lot coverage limits may be modified if a use permit is first secured and if the maximum building intensity is not exceeded.

(b)

Maximum Building Height.

(1)

Thirty-five feet (35′) provided, however, that additional height may be permitted subject to subsection (a) of this section;

(2)

Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26-88-130.

(c)

Minimum Lot Size.

(1)

Where both public sewer and public water services are provided or where public sewer service alone is provided, eight thousand (8,000) square feet;

(2)

Where public water service alone is provided, one (1) acre;

(3)

Where neither public sewer service nor public water service is provided, one and one-half acres;

(4)

For commercial planned unit developments and condominiums, the minimum project area shall be not less than one (1) acre.

(d)

Maximum Lot Coverage. Fifty percent (50%), provided that additional lot coverage may be permitted subject to subsection (a) of this section.

(e)

Yard Requirements. The following shall apply except that if the subject property adjoins land which is zoned AR or is designated as agricultural land, the use is subject to the requirements of Section 26-88-040(g).

(1)

Existing lots or parcels exceeding six thousand (6,000) square feet in area shall conform to the yard requirements of the RR (rural residential) district;

(2)

Lots which are devoted to commercial use shall conform to the yard requirements of the LC district;

(3)

Yard requirements for lots or parcels of less than six thousand (6,000) square feet in area but which are not devoted to commercial use shall conform to the yard requirements of the R1 district, but may be reduced by the planning director if it is determined that a practical hardship exists;

(4)

Cornices, eaves, canopies and similar architectural features may extend two feet (2′) into any required yard. Uncovered porches, fire escapes, or landing places may extend six feet (6′) into any required front or rear yard and three feet (3′) into any required side yards;

(5)

Where twenty-five percent (25%) or more of the lots on any one (1) block or portion thereof in the same zoning district have been improved with buildings, the required front yard may be reduced to a depth equal to the average of the front yards of the improved lots;

(6)

Accessory building(s) may be constructed within the required yards on the rear half of the lot, provided that such building(s) shall not occupy more than thirty percent (30%) of the width of any rear yard. Such accessory building(s) shall not be located closer than ten feet (10′) to the main building(s) on the same or adjacent lots. Notwithstanding the foregoing, swimming pools may occupy more than thirty percent (30%) of the width of any rear yard. A minimum of three feet (3′) shall be maintained between the wall of a pool and the rear and side property lines, and from the main building on the same lot. Conventional pool accessory equipment (pump, filters, etc.) shall be exempt from setback restrictions). Additional setbacks may be required under the Uniform Building Code.

(Ord. No. 3932.)

(f)

Parking Requirements.

(1)

Not less than one (1) covered off-street parking space per dwelling unit. The requirements for covered parking may be waived for single-family dwellings if the lot on which the dwelling is to be placed is of such size, shape or location that the areas devoted to automobile parking will be visually screened from adjacent lots and from the common roadway(s) serving the property, provided that site plan approval in accordance with Article 82 is first secured;

(2)

Any other use shall provide parking in accordance with the standards in Article 86.

(g)

Design Review. Design review approval shall be required in the manner provided in Article 82 for all commercial uses or as otherwise provided herein.

(Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)