The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zoning regulations appearing elsewhere in this title. (2004 Code § 10.05.010)

Any lot held in separate ownership at the time of passage of this title, which lot is below the requirements for lot area or lot width for the district in which it is located, may be used for a single-family dwelling if such lot is located in a district which permits single-family dwellings. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width; provided, that in no case shall the smaller of the two (2) yards be less than five feet (5') or a total width of the two (2) yards be less than thirteen feet (13'). (2004 Code § 10.05.020)

Except as otherwise provided in this chapter, every lot, existing or intended to be created, shall have such area, width and depth as is required by this title for the district in which such lot is located and shall have frontage upon a dedicated or publicly approved street or upon a private street or right of way approved by the planning commission. (2004 Code § 10.05.030)

   A.   Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this title for the district in which the dwelling structure is located, except that group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this title and have approval from the planning commission, may occupy one lot for each multi-structure complex. (2004 Code § 10.05.040) (Ord. 2014-11, 6-2-2014; amd. Ord. 2021-10, 11-3-2021)

No required yard or other open space around an existing building or which is hereafter provided around any building for the purposes of complying with the provisions of this title shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (2004 Code § 10.05.050)

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased apart from such lot or building. (2004 Code § 10.05.060)

No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except when used, leased or owned for the siting of a public utility infrastructure. (Ord. 2015-10, 6-15-2015)

Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, the ordinary projection of skylights, sills, belt courses, cornices, chimneys, flues and other ornamental features which project into a yard not more than two and one-half feet (21/2'), and open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet (5'). (2004 Code § 10.05.080)

No accessory building nor group of accessory buildings in any residential district shall cover more than twenty five percent (25%) of the rear yard. (2004 Code § 10.05.090)

Public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit. (2004 Code § 10.05.100)

Penthouse or roof structures, housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, windmills, wireless or television masts, theater lofts, silos, hay barns, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space. (Ord. 2015-04, 4-6-2015)

No dwelling shall be erected to a height less than one story above grade. (2004 Code § 10.05.120)

No building which is accessory to a one-family, two-family, three-family or four-family dwelling shall be erected to a height greater than thirty feet (30'). (Ord. 2014-11, 6-2-2014)

In all districts which require a front yard, no obstruction to view in excess of two feet (2') in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers and pumps at gasoline service stations. (2004 Code § 10.05.140)

   A.   Fences, walls and hedges may be erected or allowed to the permitted building height when located within the buildable area; provided, that any physical structure over six feet (6') in height shall require a building permit. (2004 Code § 10.05.150)

   B.   Fences, walls and hedges may not exceed seven feet (7') in height, unless required by the planning commission, within any required rear yard or interior side yard. (Ord. 2014-11, 6-2-2014; amd. 2015 Code)

   C.   Fences, walls and hedges may not exceed two feet (2') in height within any required front yard or side street side yard.

   D.   Notwithstanding any other provisions herein, no fence, wall or hedge exceeding two feet (2') in height shall be erected or allowed closer to any street line than the required building setback line.

   E.   For purpose of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any two (2) plants is and remains at least five feet (5').

   F.   Where a fence, wall or hedge is located along a property line separating two (2) lots and there is a difference in the grade of the properties on the two (2) sides of the property line, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line. (2004 Code § 10.05.150)

In all cases where a proposed building or proposed use will involve the use of sewerage facilities and a connection to a public sewer system, as defined by the state division of environmental health, is not available, and in all cases where a connection to a public water system approved by the state division of environmental health is not available, the sewage disposal and the domestic water supply shall comply with the requirements of such division, and the application for a building permit shall be accompanied by a certificate of approval from said division of health. (2004 Code § 10.05.160)

The installation of curbs, gutters and sidewalks of a type approved by the county may be required on any existing or proposed street adjoining a lot on which a building is to be constructed or remodeled, or on which a new use is to be established. Such curbs, gutters and sidewalks may be required as a condition of building or use permit approval. (2004 Code § 10.05.170)

Lots or buildings with frontage on private streets only shall be allowed by conditional use permit or planned unit development procedure only, and subject to all applicable requirements of this title and the subdivision ordinance. (2004 Code § 10.05.180)

Any building or lot created that fronts or has a side yard on a public street or road that is part of the future transportation corridor must deed to the county one-half (1/2) of the required width, plus one-half (1/2) of the existing street or road from fence to fence if applicable. (Ord. 2004-03, 4-5-2004)

Residential energy systems are a permitted use for installation on a residential property and/or dwelling. (Ord. 2014-11, 6-2-2014)

   A.   Requirements For Placement: Upon application and payment of a fee, a building permit may be issued for a placement of a new manufactured home certified as meeting the national mobile home construction and safety standards act of 1974 (effective June 15, 1976) of the department of housing and urban development, on a lot zoned for single-family dwellings. Application for any such permit shall be made to the building inspector, which shall issue the same as a manufactured housing permit, upon evidence of compliance, to the satisfaction of the inspector, with the following terms and conditions:

      1.   Permanent Foundation: The manufactured house be placed on a permanent foundation, as would comply with the adopted building code; and said manufactured house be installed on said foundation in accordance with the manufacturer's instructions. Each manufactured home shall be installed with or without a basement on a site built, permanent foundation system that meets or exceeds applicable requirements of the building codes. This shall include permanent masonry/cement perimeter enclosures for each manufactured home installation and shall conform to the building code as specified for foundation walls. This shall include removal of towing hitches and running gear, which includes tongues, axles, brakes, wheels, lights and other parts of chassis that operate only during transport.

      2.   Lot Requirements: The lot upon which said manufactured house is to be placed shall comply in all respects with the then existing zoning requirements for the district in which it lies, including, but not limited to: lot size, building setback, access, enclosures, yard requirements and the length of the structure facing the street or roadway to which it will be addressed.

      3.   Use: The manufactured house shall be used in accordance with the allowed purposes for which such structures may be used in the district in which the applicant seeks to have it lie; and shall be compatible with the then existing structures in the district in which the applicant seeks to have it lie.

      4.   HUD Approval: The manufactured house shall have received an insignia of approval by the U.S. department of housing and urban development, have been constructed after July 1, 1976, and shall not have been altered in violation of the standards of the U.S. department of housing and urban development.

      5.   Minimum Width; Placement On Lot: The manufactured house shall have a minimum width of twenty four feet (24'), with width being the smallest dimension, and be multisectional or multimodular. The width (sides) shall face the side yards and in no case face the street to which the structure shall be addressed.

      6.   Exterior Material: The manufactured house shall have an exterior covering material customarily used on conventional dwellings. Exterior siding and trim materials shall consist of durable, weather resilient materials approved for dwelling construction in the building codes, such as masonry, stucco, woods, composition, glass, vinyl, steel or aluminum residential sidings. In no case may corrugated metal, fiberglass or typical trailer coach or recreational vehicle type coverings be used.

      7.   Roof: The manufactured house shall have a roof with a pitch of not less than three inches (3") of vertical rise for each twelve inches (12") of horizontal run, and be engineered to withstand the required snow load (live load) plus the dead load for the area in which placement will occur. Roofing materials shall be composition asphalt shingles or other shingle materials preapproved by the building department. In addition, the roof shall have a minimum eave overhang of not less than eight inches (8") to provide for runoff and four inch (4") overhang where the roofline is not parallel to the base of the unit (9 inches includes rain gutter).

      8.   Accessory Uses: Any and all appendages for accessory uses, such as steps and stoops, carports or garages, storage units, antennas, satellite dishes, patios and awnings or additions and alterations shall conform to existing applicable codes. Main entry steps, stoops and porches shall be concrete or masonry and shall have required handrails if appropriate.

      9.   Utility Connections: Permanent connection of all services to local utilities (local authority approval required). This shall include two (2) hose bibs when not contained with the manufactured home.

   B.   Title Delivered To County Assessor: The owner of said manufactured house shall cause the document of title, as soon as the same is received from the manufacturer, to be delivered to the county assessor and said house shall thereafter be subject to local taxation as real property.

   C.   No Limitation Intended: Nothing in this section is intended, nor should be construed as intended to limit or exclude the construction or placement of a permanent dwelling on a lot zoned for single-family dwelling as heretofore may have been permitted by the existing legislation. (2004 Code § 10.10.040)

Required notice by mail to adjoining landowners regarding conditional use permit applications need be given to adjoining landowners. Notice shall also be sent to the affected municipality. (Ord. 2016-13, 11-7-2016)

Required notice by mail to adjoining landowners regarding kennel applications must be given to landowners within one thousand three hundred twenty feet (1,320') (1/4 mile) if there are more than five (5) dogs. (Ord. 2016-13, 11-7-2016)

   A.   A residential unit, or any portion of a residential unit, that the owner of record or the lessee of the residential unit offers for occupancy or other transient lodging uses for fewer than thirty (30) consecutive days.

   B.   All short-term rentals shall require a conditional use permit through Beaver County. (Ord. 2019-08, 12-3-2019)