Chapter 29 ZONING*
Section 29-7 District R-2, two-family dwelling district.
Purpose. This district is intended to provide for one-and two-family residential
developments of various types and mixes. The principal land use is one-family or duplex
Permitted Uses. In district R-2, no building or land shall be used, and no building shall be
hereafter erected, constructed, reconstructed or altered, except for one or more of the following
uses (for exceptions see section 29-28, Non--Conforming Uses, and section 29-31, Board of
All permitted uses in district R-1.
Dwellings, accessory, subject to the following criteria:
(1) Accessory dwellings shall not be permitted within the
Benton-Stephens or East Campus
Urban Conservation Overlay Districts.
(2) No more than two (2) dwelling units, including the accessory
dwelling, may be permitted
on a single lot.
(3) Height and area requirements:
a. The lot area must be a minimum of five thousand (5,000)
square feet, and the lot width must
be a minimum of fifty (50) feet to accommodate an accessory dwelling.
b. A detached accessory dwelling shall be located a minimum
of ten (10) feet behind the
principal dwelling, and a minimum of six (6) feet from any side or rear lot line. On corner lots,
the accessory dwelling shall be setback not less than the distance required for the principal
residence from side streets. For the purpose of providing adequate fire protection access, the
distance from the nearest street frontage to the center of the rear wall of an accessory dwelling
unit shall not exceed one hundred fifty (150) feet of travel distance.
c. An accessory dwelling shall not exceed seventy-five percent
(75%) of the total square feet of
the principal dwelling, as shown in the Boone County Assessors records, or eight hundred (800)
square feet, whichever is less. In addition, a detached accessory dwelling shall not occupy more
than thirty percent (30%) of the rear yard.
d. A detached accessory dwelling shall not exceed the height
of the principal dwelling, or
twenty-four (24) feet, whichever is less.
(4) Design standards. Where an accessory dwelling is attached
to a principal dwelling, only one
(1) entrance may face the front lot line.
(5) In addition to the parking required for the principal
dwelling, a minimum of one (1)
additional off-street parking space shall be provided on the subject lot for accessory dwellings
having not more than two (2) bedrooms, and two (2) additional parking spaces shall be provided
for accessory dwellings having three (3) or more bedrooms.
(6) Prior to the issuance of a building permit for an accessory
dwelling, application shall be
made to the Building and Site Development Division of the Community Development
Department, including a plot plan showing existing buildings and proposed accessory dwelling
location, in addition to the above-listed criteria.
Conditional Uses. The following uses shall be permitted in district R-2 only after the
issuance of a conditional use permit pursuant to the provisions of section 29-23:
Buildings and premises for public utility services or public service corporations
or uses the board deems reasonably necessary for public convenience or welfare.
Cemeteries, which may include mausoleums thereon, for humans.
Family day care homes, day care centers, pre-school centers, nursery schools, child
centers, child education centers, child experiment stations or child development institutions.
Home occupations, subject to the criteria listed for home occupations in Section
that the home occupation may be carried out by occupants of the dwelling unit as well as by one
full-time forty-hour individual or two one-half time (twenty hours each) individuals who do not
reside in the dwelling unit. In addition, the Board may allow that not more than forty (40) percent
of the total floor area of the dwelling unit and garage shall be devoted to the home occupation. A
conditional use permit for a home occupation shall expire three (3) years from the date of
approval, after which a new conditional use permit may be requested.
Private outdoor swim and tennis clubs.
Reservoirs, wells, water towers, filter beds, water supply plants or water pumping
Reuse of places of public assembly, with the same conditions and restrictions as
set forth in
section 29-6(c), Conditional Uses.
Height and Area Regulations. In district R-2 any building, portion of a building, or
dwelling hereafter erected, constructed, reconstructed, or altered shall be subject to the following
regulations (for exceptions see section 20-26, Height and Area Exceptions):
less than five thousand (5,000) square feet.
less than ten thousand (10,000) square feet.
Provided, that where a public or
community sewer is not available and in use for disposal of
all sanitary sewage, each lot shall provide not less than fifteen thousand (15,000) square feet per
Lot width. Not less than sixty (60) feet at the building line, provided that where a lot has
less width than herein required, in separate ownership at the time of the passage of Ordinance
No. 9958, this regulation will not prohibit the erection of a one-family dwelling.
less than twenty-five (25) feet in depth, except as provided in section 29-26.
(25) per cent of lot depth, or twenty-five (25) feet, whichever is less.
less than six (6) feet in width each. Buildings on corner lots where interior
lots have been platted on side streets shall provide a side yard adjacent to the side street of not
less than fifty (50) per cent of the front yard established for buildings on interior lots on the side
street, provided this regulation shall not be so interpreted as to reduce the buildable width of a
corner lot of record at the time of passage of Ordinance No. 9958, to less than sixty-five (65) per
cent of the total width of such lot, and provided further, that the minimum side yard regulations
in this section must be observed. Accessory buildings on corner lots, where interior lots have
been platted on side streets, shall not project beyond the front yard line established on the side
street, provided this regulation shall not reduce the buildable width to less than twenty (20) feet.
Building height. Not over thirty-five (35) feet except as provided in section 29-26.
Vision clearance. On any corner lot on which a front or side yard is required, no wall,
fence, sign, or other structure or no plant growth of a type which would interfere with traffic
visibility across the corner, shall be permitted or maintained higher than three (3) feet above the
curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.
less than six hundred fifty (650) square feet excluding basements,
porches and garages.
less than five hundred (500) square feet per dwelling unit excluding
basements, porches and garages.
Parking. (See section 29-30, Off-Street Parking and Loading.)
(Code 1964, § 19.151; Ord. No. 9958, § 1, 10-3-83; Ord. No. 14940, §
1, 8-19-96; Ord. No.
15673, § 1, 7-20-98;
Ord. No. 22109, § 1, 7-7-14
(Ord. 22109, Amended, 07/07/2014, Prior Text; 15673, Amended, 07/20/1998, Prior Text)