Bedford Heights City Zoning Code
TITLE SEVEN
Zoning Code; Residence Districts
1141.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed, for other than one of the following uses:
(a) Residential. One-family detached dwelling.
(b) Recreational. Any public or private noncommercial recreation facility, including parks, playgrounds, golf courses and tennis courts.
(Ord. 72-13. Passed 7-11-72.)
1141.02 CONDITIONAL USES.
The following uses shall be permitted only if specifically authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1133.
(a) Utility and Communications' Stations. Static transformer stations, booster stations, transmitters and other utility stations, when operating requirements necessitate locating in the District; provided there is no yard or garage for service or storage, and provided, further, that the premises upon which such utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood and not objectionable as to noise, odor, vibration or other disturbance.
(b) Educational or Directional Signs. Erected by public authority for the welfare and convenience of the public.
(Ord. 72-13. Passed 7-11-72.)
1141.03 ACCESSORY USES.
Accessory uses, buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected or constructed, provided that such accessory uses do not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity, or any billboard, sign or poster other than authorized herein, and do not include the boarding of animals or the keeping of fowl or farm animals. Accessory uses may include the following:
(a) Swimming Pools. Exclusively for the use of the residents and their guests, and subject to the provisions of the Building Code.
(c) Home Occupations. Customary home occupations, such as handicrafts, dressmaking, millinery, preserving and home cooking, provided that such occupations are conducted exclusively by resident occupants, that not more than one-quarter of the area of one floor of the residence is used for such purpose, that no structural alterations are required, that the entrance to the space devoted to such use is from within the dwelling, that no equipment is used which will create any electrical or other disturbances beyond the premises and that no trading of merchandise is carried on, and that no greater number of vehicles is attracted to the premises than can be parked in the existing home driveway. Hair cutting or beauty parlor work shall not be deemed a permitted home occupation. An unlighted sign of not over one square foot in area, attached flat against the building, shall be permitted.
(d) Professional Offices. Professional offices shall be prohibited in any residential district.
(e) Parking Facilities. Garages, carports or other parking spaces for the exclusive use of residents of the premises, in accordance with the provisions of Chapter 1181, and the following:
(1) No garages detached from the main or principal building shall be permitted on any lot having a depth of 120 feet or less.
(Ord. 83-128. Passed 3-6-84.)
(2) Private and open off-street parking areas shall be permitted. However, private garages shall be not less than 400 square feet with a maximum garage area of 880 square feet provided, however, that the height of garage doors shall not exceed eight (8) feet.
(3) A garage not less than 400 square feet nor more than 880 square feet in area may be attached to or form a part of a living unit if separated from such living unit by walls, partitions and ceilings of materials to restrict the passage of gases, smoke and odor from the garage to other parts of the building or structure. (Ord. 2008-133. Passed 9-2-08.)
(4) A garage not over fifteen (15) feet in height may occupy up to thirty-five percent (35%) of the rear yard, but need not be less than 400 square feet. Such garage shall not be located closer than ten (10) feet to the rear lot line if such rear line is also the side lot line of an adjoining lot.
(5) On a corner lot, where the rear line is also the side lot line of an adjoining lot, the garage shall be attached to the dwelling either directly or by means of a breezeway, but in no event shall it be closer to the rear lot line than twenty-five (25) feet.
(6) Parking facilities for uses other than one-family dwellings, permitted in this District, shall be in accordance with off-street parking requirements as set forth in Chapter 1181, and in other applicable sections of this Zoning Code.
(7) Roof downspouts on all new garages and garage additions shall tie into the storm sewers and shall be in accordance with tie-in requirements as set forth in Chapter 917, and other applicable sections of the Codified Ordinances.
(Ord. 83-128. Passed 3-6-84.)
1141.04 LOT AREA, LOT FRONTAGE, LOT DEPTH AND LIVING AREA REQUIREMENTS.
Each lot in an R-S Residential Suburban District shall have a lot area of not less than 15,000 square feet, a minimum frontage of 100 feet upon a duly dedicated street and an average minimum lot depth of 150 feet. The minimum one-family dwelling living area in a R-S Residential Suburban District shall be not less than 1,800 square feet, excluding garages, breezeways, porches, patios, basements, basement recreation rooms, attics, storage spaces, closets, laundry, utility rooms and furnace rooms, provided that at least two-thirds of the required minimum floor area shall be on the first or ground level floor.
(Ord. 91-219. Passed 3-3-92.)
1141.05 HEIGHT REGULATIONS.
(a) Main Buildings. No building or structure shall exceed a height of two and one-half (2½) stories or thirty-five (35) feet, except that a main building other than a dwelling may be erected to a height not exceeding three (3) stories or forty (40) feet, provided it is set back from all lot lines a distance exceeding the minimum yards required herein of not less than one (1) foot per foot of increased height, nor by less than five (5) feet if the height is increased to three (3) stories.
(b) Accessory Buildings. The height of any accessory building shall be kept as low as possible and shall not exceed fifteen (15) feet at its highest point or the distance between such accessory building and any adjacent main building, whichever dimension is the lesser.
(Ord. 72-13. Passed 7-11-72.)
1141.06 YARD REQUIREMENTS.
The following minimum requirements shall apply:
(a) Front Yards. Each lot shall have a front yard of at least seventy-five (75) feet.
(b) Side Yards. Each main or principal building shall have two (2) side yards of a combined width of not less than one-fourth (¼) of the average width of the lot, but in no event less than twenty-five (25) feet. The narrower of the two (2) side yards shall have at least thirty-three and one-third percent (33 %) of this combined width.
(c) Side Yards; Corner Lots. In the case of a corner lot, the side yard on the street side shall not be less than fifteen (15) feet, except that the front of a garage shall not be closer to the street side line than twenty (20) feet.
(d) Rear Yards. Each lot shall have a rear yard not less in depth than forty (40) feet nor less than the height of the main or principal building.
(Ord. 72-13. Passed 7-11-72; Ord. 86-116. Passed 9-2-86.)
1141.07 SUPPLEMENTAL REGULATIONS.
(a) Temporary Buildings. Temporary offices, storage and other structures of contractors and builders are permitted, provided such are deemed necessary by the Zoning Inspector to the development of the premises and provided a permit for the same has been obtained. Such structures shall be removed within thirty days after completion of work on the premises.
(b) Temporary Living Space. Temporary living areas such as basements, garages or trailers, pending completion of the main or principal permitted building, dwelling unit or premises, are expressly prohibited and no dwelling shall be occupied by persons until an occupancy permit has been issued by the City.
(c) Removal of Soil. Soil, sand or gravel shall not be stripped or removed, except excess soil, sand or gravel resulting from excavations or grading in connection with the construction or alteration of a building for which a permit has been issued.
(d) Car Parking and Storage of Materials. The parking of a commercial vehicle in a required side yard and the storage of commercial or salvage materials, equipment or tools in any required yard are expressly prohibited.
(e) Main or Principal Buildings on Each Lot. There shall be permitted not more than one-family dwelling on any one lot.
(f) Landscape Features in Yards. Landscape features, such as hedges, trees, shrubs and driveways are permitted in front, side or rear yards, subject to the following:
(1) Front yard. Along the side lot line in front of the building setback line, hedges shall not be more than two and one-half (2½) feet above the finished grade.
(2) Front yard; corner lot. On corner lots, no landscape features shall be placed within a triangle formed by lines drawn between points on the front line and the side street line thirty-five (35) feet from the intersection of such lot lines, that exceed two and one-half (2½) feet above the curb level or hang lower than six (6) feet above the curb level, so that there shall be a vertical clear view of at least three and one-half (3½) feet over the triangle between the streets.
(3) Side and rear yards. Hedges not over six (6) feet in height shall be permitted along the rear lot line and hedges not over five (5) feet in height shall be permitted along the side lines of side yards but not in front of the rear building line of the main or principal building toward the street.
(4) Driveways. Driveways to a garage or permitted parking area shall be permitted in a required yard. However, an area of permanent, overnight parking of any vehicle shall not be permitted in any front yard.
(5) Floodlights, etc. No floodlights, searchlights, loudspeakers, party tents or similar features shall be erected, installed or used in any Residence District except upon and under authority of a temporary permit issued by the Mayor.
(6) Fences. Screening and fences shall be allowed or required in residential yards as stated in Sections 1197.02 to 1197.04 of the Planning and Zoning Code.
(h) Open Storage Prohibited. Airplanes, tractors, snow plows and other equipment and supplies shall be stored in an enclosed structure, except for a period of not more than two (2) weeks each year, at which time they may be temporarily stored in a rear yard.
(i) Accessory Building Attached to a Main or Principal Residential Building. Any accessory building attached to a main or principal residential building, except by a breezeway or roofed passageway with open or latticed sides, shall comply in all respects with the requirements for main or principal buildings.
(j) Turnouts or Turnarounds. A turnout or turnaround shall be allowed in a front or rear yard only on a case-by-case basis upon certification by the City Engineer or his authorized representative that such turnout or turnaround is necessary for safety purposes based upon the Ohio Department of Transportation Location and Design Manual for Stopping Sight Distance (SSD) for both SAG Vertical Curves and Crest Vertical Curves and issuance of a building permit by the Building Commissioner. The location and construction of turnouts or turnarounds shall be in conformance with Drawing Illustration 1A of this Zoning Code.
(k) Stairs. Exterior stairs shall be constructed of masonry or concrete. Masonry stairs shall be face brick to match foundation. Concrete stairs shall be pre-cast or cast in place. Masonry stairs in the rear yards may be substituted by a minimum six (6) foot by six (6) foot deck and stairs.
(l) Masonry on Front Facade. All newly constructed attached or detached single family dwelling units shall consist of a minimum of thirty-five percent (35%) masonry (brick, stone, etc.) on the front facade facing the principal street as approved by the Board of Architectural Review.
(m) House Numbering. House numbering for all newly constructed dwellings within the City shall be displayed on the front of the house on a stone or stone-like block set into the wall upon which the numbers have been carved in compliance with Chapter 1335 of the Building Code.
(n) Garage Drains. All interior garage drains shall be connected to the sanitary sewer system and shall be a clay crock or other UL listed type with a minimum twelve (12) inch interior dimensional opening with a removable grate for cleaning.
(o) Roof Penetrations and Chimneys. All HVAC roof penetrations and chimneys visible on the exterior of a dwelling unit shall be constructed with masonry or brick-like materials to match existing masonry. All roof penetrations shall be in the rear of the structure.
(p) Trash During Construction. A trash container (dumpster) shall be placed on all construction sites immediately following foundation excavation. The site shall be kept free and clean of all debris, papers, and any scrap material on a daily basis.
(q) Driveways. A concrete driveway meeting the specifications of the Building Department shall be constructed in connection with the construction of each new single-family dwelling. There shall be only one (1) apron and one (1) driveway per any single-family dwelling. (Ord. 2006-060. Passed 5-2-06.)
DRAWING 1A
RESIDENTIAL DRIVEWAYS
WITH TURNOUT
CITY OF BEDFORD HEIGHTS, OHIO
1142.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed, for other than one of the following uses in an R-1-A Residential District:
(a) Residential. One-family detached dwelling.
(b) Recreational. Any public or private noncommercial recreation facility, including parks, playgrounds, golf courses and tennis courts.
(Ord. 96-078. Passed 8-20-96.)
1142.02 ACCESSORY USES.
Accessory uses, buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected or constructed, provided that such accessory uses do not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity, or any billboard, sign or poster other than authorized herein, and do not include the boarding of animals or the keeping of fowl or farm animals. Accessory uses may include the following:
(a) Swimming Pools. Exclusively for the use of the residents and their guests, and subject to the provisions of the Building Code.
(b) Parking Facilities. Garages, carports or other parking spaces for the exclusive use of residents of the premises, in accordance with the provisions of Chapter 1181, and the following:
(1) No garages detached from the main or principal building shall be permitted on any lot having a depth of 120 feet or less.
(2) Private garages and open off-street parking areas shall be permitted. However, private garages shall be not less than 400 square feet with a maximum garage area of 600 square feet, provided however, that the height of garage doors shall not exceed seven (7) feet.
(3) A garage not less than 400 square feet nor more than 600 square feet in area may be attached to or form a part of a living unit if separated from such living unit by walls, partitions and ceilings of materials to restrict the passage of gases, smoke and odor from the garage to other parts of the building or structure.
(4) A garage not over fifteen (15) feet in height may occupy up to thirty-five percent (35%) of the rear yard, but need not be less than 400 square feet. Such garage shall not be located closer than ten (10) feet to the rear lot line if such rear line is also the side lot line of an adjoining lot.
(5) On a corner lot, where the rear line is also the side lot line of an adjoining lot, the garage shall be attached to the dwelling either directly or by means of a breezeway, but in no event shall it be closer to the rear lot line than twenty-five (25) feet.
(6) Parking facilities for uses other than one-family dwellings, permitted in this District, shall be in accordance with off-street parking requirements as set forth in Chapter 1181, and in other applicable sections of this Zoning Code.
(7) Roof downspouts on all new garages and garage additions shall tie into the storm sewers and shall be in accordance with tie-in requirements as set forth in Chapter 917, and other applicable sections of the Codified Ordinances.
(Ord. 96-078. Passed 8-20-96.)
1142.03 LOT AREA, LOT FRONTAGE, LOT DEPTH AND LIVING AREA REQUIREMENTS.
Each lot in an R-1-A Residential District shall have a lot area of not less than 11,250 square feet, a minimum frontage of seventy-five (75) feet upon a duly dedicated street and an average minimum lot depth of 150 feet. The minimum one-family dwelling living area in an R-1-A Residential District shall be not less than 1,800 square feet usable living area or space, excluding garages and breezeways.
(Ord. 96-078. Passed 8-20-96.)
1142.04 HEIGHT REGULATIONS.
(a) Main Buildings. No building or structure shall exceed a height of two and one-half (2½) stories or thirty-five (35) feet, except that a main building other than a dwelling may be erected to a height not exceeding three (3) stories or forty (40) feet, provided it is set back from all lot lines a distance exceeding the minimum yards required herein of not less than one (1) foot per foot of increased height, nor by less than five (5) feet if the height is increased to three (3) stories.
(b) Accessory Buildings. The height of any accessory building shall be kept as low as possible and shall not exceed fifteen (15) feet at its highest point or the distance between such accessory building and any adjacent main building, whichever dimension is the lesser.
(Ord. 96-078. Passed 8-20-96.)
1142.05 YARD REQUIREMENTS.
The following minimum requirements shall apply:
(a) Front Yards. Each lot shall have a front yard of at least fifty (50) feet on a duly dedicated public street.
(b) Side Yards. Each main or principal building shall have two (2) side yards of a combined width of not less than one-fourth (¼) of the average width of the lot, but in no event less than twenty-five (25) feet. The narrower of the two (2) side yards shall have at least thirty-three and one-third percent (33 %) of this combined width.
(c) Side Yards; Corner Lots. In the case of a corner lot, the side yard on the street side shall not be less than fifteen (15) feet, except that the front of a garage shall not be closer to the street side line than twenty (20) feet.
(d) Rear Yards. Each lot shall have a rear yard not less in depth than twenty-five (25) feet nor less than the height of the main or principal building, whichever is greater. (Ord. 96-078. Passed 8-20-96.)
1142.06 SUPPLEMENTAL REGULATIONS.
All supplemental regulations in this District shall be the same as in the R-S Residential Suburban District.
(Ord. 2006-060. Passed 5-2-06.)
1143.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed, for other than one of the following uses:
(a) Residential. One-family detached dwelling.
(b) Recreational. Any public or private noncommercial recreation facility, including parks, playgrounds, golf courses, tennis courts.
(Ord 72-13. Passed 7-11-72.)
(c) Public and Cultural. Municipal buildings, public libraries, public museums, public art galleries and similar public cultural uses, located not less than twenty-five (25) feet from any other lot in any Residence District; buildings, structures and grounds owned or operated by the City and schools operated by the Bedford Board of Education, including privately operated day nurseries and kindergartens within such public schools, located not less than twenty-five (25) feet from any other lot in any Residence District; cemeteries; but expressly excluding business schools and business colleges, dormitories and other buildings primarily for rent or hire.
(Ord 84-38. Passed 5-1-84.)
(Ord. 72-13. Passed 7-11-72.)
1143.02 CONDITIONAL USES.
The following uses shall be permitted only if specifically authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1133:
(a) General. Any conditional permitted use as regulated in the R-S Residential Suburban District.
(Ord. 72-13. Passed 7-11-72; Ord. 2002-111. Passed 9-3-02.)
1143.03 ACCESSORY USES.
Accessory uses, buildings or other structures permitted and as regulated in the R-S Residential Suburban District, and any accessory uses, buildings or other structures customarily incidental to any permitted or conditionally permitted use in the R-1 One Family Low Density Residence District shall be permitted, provided that such accessory uses do not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity, or any billboard, sign or poster other than authorized herein, and do not include the boarding of animals or the keeping of fowl or farm animals on any lands platted for residential purposes.
(Ord. 72-13. Passed 7-11-72.)
1143.04 LOT AREA, LOT FRONTAGE, LOT DEPTH AND LIVING AREA REQUIREMENTS.
Each lot in an R- l One-Family Low Density Residence District shall have a lot area of not less than 11,250 square feet, a minimum frontage of seventy-five (75) feet upon a duly dedicated street and an average minimum lot depth of 150 feet. The minimum one-family dwelling living area in an R-l One-Family Low Density Residence District shall be not less than 1,600 square feet, excluding garages, breezeways, porches, patios, basements, basement recreation rooms, attics, storage spaces, closets, laundries, utility rooms, and furnace rooms, provided that at least two-thirds (2/3 ) of the required minimum floor area shall be on the first or ground level floor.
(Ord. 91-219. Passed 3-3-92.)
1143.05 HEIGHT REGULATIONS.
All height regulations in this District shall be the same as in the R-S Residential Suburban District.
(Ord. 72-13. Passed 7-11-72.)
1143.06 YARD REQUIREMENTS.
The following minimum requirements shall apply:
(a) Front Yards. Each lot shall have a front yard not less in depth than fifty (50) feet.
(b) Side Yards. Each main building shall have two (2) side yards of a combined width of not less than one-fourth (¼) of the average width of the lot, but in no event less than twenty-five (25) feet. The narrower of the two (2) side yards shall have at least thirty-three and one-third (33 %) percent of this combined width.
(c) Side Yards; Corner Lots. In the case of a corner lot, the side yard on the street side shall be not less than fifteen (15) feet, except that a garage shall not be closer to the street side line than twenty (20) feet.
(d) Rear Yards. Each lot shall have a rear yard not less in depth than twenty-five (25) feet nor less than the height of the main building.
(Ord. 72-13. Passed 7-11-72.)
1143.07 SUPPLEMENTAL REGULATIONS.
All supplemental regulations in this District shall be the same as in the R-S Residential Suburban District. (Ord. 72-13. Passed 7-11-72.)
1145.01 PRINCIPAL PERMITTED USES.
Any principal permitted use as regulated in the R-1 Residence District shall be permitted in the R-2 Residence District.
(Ord. 72-13. Passed 7-11-72.)
1145.02 CONDITIONAL USES.
Any conditional permitted use as regulated in the R-S Residential Suburban District shall be permitted in the R-2 Residence District.
(Ord. 72-13. Passed 7-11-72.)
1145.03 ACCESSORY USES.
Accessory uses, buildings or other structures permitted and as regulated in the R-S Residential Suburban District, and any accessory uses, buildings or other structures customarily incidental to any permitted or conditionally permitted use in the R-2 One-Family Medium Density Residence District shall be permitted, provided that such accessory uses do not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity, or any billboard, sign or poster other than authorized herein, and do not include the boarding of animals or the keeping of fowl or farm animals on any lands platted for residential purposes.
(Ord. 72-13. Passed 7-11-72.)
1145.04 LOT AREA, LOT FRONTAGE, LOT DEPTH AND LIVING AREA REQUIREMENTS.
Each lot in an R-2 One-Family Medium Density Residence District shall have a lot area of not less than 11,250 square feet, a minimum frontage of seventy-five (75) feet upon a duly dedicated street and an average minimum lot depth of 150 feet. The minimum one-family dwelling living area in an R-2 One-Family Medium Density Residence District shall be not less than 1,600 square feet, excluding garages, breezeways, porches, patios, basements, basement recreation rooms, attics and storage spaces, other than closets and furnace rooms.
(Ord. 96-075. Passed 5-21-96.)
1145.05 HEIGHT REGULATIONS.
Height regulations in the R-2 Residence District shall be the same as in the R-S Residential Suburban District.
(Ord. 72-13. Passed 7-11-72.)
1145.06 YARD REQUIREMENTS.
The following minimum requirements shall apply:
(a) Front Yards. Each lot shall have a front yard not less in depth than fifty (50) feet.
(b) Side Yards. Each main building shall have two (2) side yards of a combined width of not less than one-fourth (¼) of the average width of the lot, but in no event less than fifteen (15) feet. The narrower of the two (2) side yards shall have at least thirty-three and one-third percent (33 %) of this combined width.
(c) Side Yards; Corner Lots. In the case of a corner lot, the side yard on the street side shall not be less than ten (10) feet, except that a garage shall not be closer to the street side line than twenty (20) feet.
(d) Rear Yards. Each lot shall have a rear yard not less in depth than twenty-five (25) feet not less than the height of the main building.
(Ord. 72-13. Passed 7-11-72.)
1145.07 SUPPLEMENTAL REGULATIONS.
Supplemental regulations in the R-2 Residence District shall be the same as in the R-S Residential Suburban District.
(Ord. 72-13. Passed 7-11-72.)
1147.01 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used, and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed, for other than one of the following uses:
(a) Residential. Multifamily dwellings for two or more families or housekeeping units, but expressly prohibiting efficiency apartments and apartment hotels.
(b) Recreational. Any public or private noncommercial recreation facility, including parks, playgrounds, golf courses and tennis courts, provided they are intended primarily for the residents of the premises they occupy.
(Ord. 72-13. Passed 7-11-72.)
1147.02 CONDITIONAL USES.
The following uses shall be permitted only if specifically authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1133 and other applicable provisions of this Zoning Code.
(b) Fraternal Organizations. Clubs, fraternities, lodges and meeting places for other organizations, not including any use that is customarily conducted as a gainful business, and not operating on the premises any retail business or service.
(c) Educational Institutions. Schools operated by the Bedford Board of Education, including privately operated day nurseries and kindergartens within such public schools, located not less than twenty-five (25) feet from any other lot in any Residence District, and expressly excluding business schools and business colleges, dormitories and other buildings primarily for rent or hire.
(d) Offices. Business and professional offices.
(Ord. 72-13. Passed 7-11-72; Ord. 2002-111. Passed 9-3-02.)
1147.03 ACCESSORY USES.
Accessory uses, buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected or constructed, provided that such accessory uses do not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity, except as provided for herein, or any billboard, sign or poster other than authorized herein, and do not include the boarding of animals or the keeping of fowl or farm animals. Accessory uses may include the following:
(a) Swimming Pools. Exclusively for the use of the residents of the premises and their guests, and subject to the provisions of the Building Code.
(b) Real Estate and Professional Signs. Real estate announcements and professional signs subject to the provisions of Chapter 1179.
(e) Parking Areas. Each multifamily dwelling, building or structure shall be provided with a parking area on the same lot with the main or principal building, which shall provide parking for two (2) cars per dwelling unit in accordance with the provisions of Chapter 1181.
(i) Parking Garages. Garages for the storage of passenger automobiles of the occupants of the premises only. Such multifamily dwelling garage may form a part of the main or principal building, and rear yard regulations shall apply to such dwelling structure and garage as one building. If such garage is built underground and does not extend to a height of more than three (3) feet above the finished grade, and the entire roof is covered with earth and landscaped, it may occupy all or any part of the required rear yard, provided that no drainage of such area shall drain onto abutting property.
(Ord. 72-13. Passed 7-11-72.)
1147.04 LOT AREA, LOT FRONTAGE AND LIVING AREA REQUIREMENTS.
The following minimum requirements shall apply:
(a) Multifamily Dwellings. Each multifamily building or structure shall have a lot not less than 15,000 square feet in area with a minimum frontage and average width of 100 feet and shall have a lot area of not less than 2,175 square feet per dwelling unit, provided that forty percent (40%) of the dwelling units in each multi-family dwelling building or structure shall have a minimum living area of 800 square feet each plus a utility storage area of at least seventy-five (75) square feet per dwelling unit; and sixty percent (60%) of the dwelling units in each multifamily dwelling building or structure shall have a minimum living area of 650 square feet each plus a utility storage area of at least seventy-five (75) square feet per dwelling unit.
(b) Other Uses. Each use or structure or building, other than an institutional building or structure as regulated in Section 1147.02, shall have a lot not less than 15,000 square feet in area with a minimum frontage and average width of 100 feet, provided that any main or principal building or structure shall be at least thirty (30) feet from any lot line.
(Ord. 72-13. Passed 7-11-72.)
1147.05 HEIGHT REGULATIONS.
Multifamily dwelling buildings or structures, and all other buildings or structures permitted in the R-3 Multifamily Residence District, may be built to a maximum height of three (3) stories, subject to the provisions of Chapter 1193.
(Ord. 72-13. Passed 7-11-72.)
1147.06 YARD REQUIREMENTS.
The following minimum requirements shall apply:
(a) Front Yards. Each building or structure permitted in an R-3 Multifamily Residence District shall have a front yard of not less than fifty (50) feet.
(b) Side Yards; Multifamily Dwellings. Multifamily dwelling buildings or structures shall have a side yard on each side of not less than twenty-five (25) feet. In the case of a corner lot, the side yard on the side street shall not be less in width than thirty (30) feet.
(c) Side Yards; Nonmultifamily Dwellings. All buildings and structures, other than multifamily dwelling buildings or structures, shall have side yards of not less than thirty (30) feet on each side, unless the side yard lines of the lot abut a lot used for a similar purpose of a non-Residence District. In that event, the side line requirements shall be the same as for multifamily dwellings or buildings, but expressly excluding institutional buildings and structures which shall be subject to the regulations of Section 1147.02.
(d) Rear Yards. Each lot shall have a rear yard not less in depth than fifty (50) feet.
(Ord. 72-13. Passed 7-11-72.)
1147.07 SUPPLEMENTAL REGULATIONS.
(a) Screening. Screening shall be required on rear or side lines abutting any lot either presently in use as or zoned residential as stated in Section 1197.03(a) of the Planning and Zoning Code.
(Ord. 91-24. Passed 6-4-91.)
(b) Recreation. There shall be provided, on the same lot as the main or principal multifamily building or structures, recreational facilities to serve the needs of the anticipated residents of these buildings or structures. The required area of this recreational facility shall be 3,000 square feet for the first fifty (50) dwelling units, plus forty (40) square feet for each additional dwelling unit in excess of fifty (50), and shall not be located within any required front yard.
(d) Floodlights. No floodlights, searchlights, loudspeakers, party tents or similar features shall be erected, installed or used except upon and under authority of a temporary permit issued by the Mayor.
(Ord. 81-32. Passed 5-5-81.)
1147.08 DEVELOPMENT PLANS.
A site plan shall be prepared for all types of proposals of development for other than a two-family dwelling in preliminary form including the following:
(a) Survey. A survey of the property and topography, showing the land owned and proposed for development.
(b) Existing and Proposed Buildings and Structures. Including the location, size, height and use of all main or principal, and accessory buildings, their general design and color.
(c) Circulation. All streets, whether existing or proposed; the proposed system of circulation of vehicular traffic, including delivery trucks; details for connections to present streets; types of pavement; estimates of traffic volumes.
(d) Utilities. Including plans for all utility installations and connections.
(e) Parking. All areas designated for parking and servicing, including the layout and estimate of the number of spaces, the design of features and the type of pavement.
(f) Landscaping. Including site development; the grading and drainage pattern; designs of landscape yards and planting areas; and nature, number and placement of trees, shrubs, etc. and grassed areas.
(g) Miscellaneous. Other details or aspects determined by the Zoning Inspector to be pertinent or applicable to the proposed development.
(Ord. 72-13. Passed 7-11-72.)
1147.09 SUBMISSION AND APPROVAL OF DEVELOPMENT PLANS.
(a) Preliminary Development Plan. A preliminary development plan, prepared in accordance with Section 1147.08, shall be submitted to the Zoning Inspector, in the number of copies to be determined by him. If the Inspector finds that the plans, as submitted, are in accord with this Zoning Code and other applicable codes of the City, he shall so indicate in writing, on the plans, and then forward them to the Architectural Board of Review. If the Architectural Board of Review, after reviewing such preliminary development plans in accordance with the provisions of Chapter 1131, approves such plans, it shall return the plans to the Inspector who shall then authorize the proponents to prepare and submit to him a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Architectural Board of Review.
(b) Final Development Plan. Upon receipt by the Zoning Inspector of the final development plan, in the required number of copies as determined by him, he shall review such plan to see that it conforms with all applicable codes and ordinances of the City and with any changes or modifications required or suggested by the Architectural Board of Review. Upon his determination that all of the requirements of applicable codes and ordinances of the City have been met, he shall approve the final development plan and issue the necessary building permits.
(c) Issuance of Building Permits. No building permits shall be issued by the Zoning Inspector until the final development plan has been approved as provided herein.
(Ord. 72-13. Passed 7-11-72.)
1149.01 DEFINITIONS.
For the purposes of this chapter
(a) “Main wall” means any exterior wall containing the principal windows of a living, dining or sleeping room or rooms and/or other windows.
(b) “Secondary wall” means an exterior wall, other than a main wall, containing minor windows of a dining or sleeping room, or principal or minor windows of kitchens or bathrooms, or a blank surface.
(c) “Wall unit” means each vertical plane of a building, which shall be considered a separate wall in applying yard regulations.
(d) “Overlapping walls” means those portions of the exterior wall or walls which are directly opposite when two buildings, parallel or within thirty degrees of parallel, face each other across an open yard or space.
(e) “Single development” means a development of more than one building on a parcel planned as a unit and coordinated with the surrounding neighborhood.
(Ord. 72-13. Passed 7-11-72.)
1149.02 PRINCIPAL PERMITTED USES.
No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses:
(b) Recreational. Any public or private noncommercial recreation facility, including parks, playgrounds and tennis courts.
(c) Public and Cultural. Churches and other places of worship, including Sunday school buildings, day nurseries and kindergartens, within such church or other place of worship, located not less than twenty-five (25) feet from any other lot in any Residence District; schools for academic instruction.
(Ord. 84-38. Passed 5-1-84.)
1149.03 CONDITIONAL USES.
Any conditional permitted use as regulated in the R-S Residential Suburban District shall be permitted only if specifically authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1133.
(Ord. 72-13. Passed 7-11-72.)
1149.04 ACCESSORY USES.
Accessory uses, buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected or constructed, provided that such accessory uses do not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity, except as provided for herein, or any billboard, sign or poster other than authorized herein, and do not include the boarding of animals or the keeping of fowl or farm animals. Accessory uses may include the following:
(a) Swimming Pools. Exclusively for the use of the residents of the premises and their guests, and subject to the provisions of the Building Code.
(b) Real Estate and Professional Signs. Real estate announcements and professional signs subject to the provisions of Chapter 1179.
(e) Parking Areas. Each town house building or structure shall be provided with a parking area on the same lot with the building or structure, which shall provide parking for one and one-half cars per dwelling unit and in accordance with the provisions of Chapter 1181. No part of the front yard of any building shall be used to comply with the requirements of this Zoning Code for off-street parking or garaging of motor vehicles.
(Ord. 72-13. Passed 7-11-72.)
1149.05 LOT AREA REGULATIONS.
In an R-4 Town House Residence District, each town house shall have a minimum of 4,000 square feet of lot area per dwelling unit, provided that in computing the lot area required by this section, recreation areas, driveways and private drives shall not be included. Each such lot shall have a minimum frontage of 100 feet upon a duly dedicated street and an average minimum depth of 150 feet.
(Ord. 73-13. Passed 5-15-73.)
1149.06 LIVING AREA REQUIREMENTS.
The following minimum living area requirements shall apply.
(a) Area; How Measured. The area of a dwelling unit shall be the sum of the gross floor areas above the basement level, including those rooms and closets having a minimum ceiling height of eight (8) feet and having the natural light and ventilation as required by the Building Code. Rooms above the first floor may be included which are directly connected by a permanent stairs and hall, as well as spaces under pitched roofs having a minimum knee wall of four (4) feet, if one-half (½) of the room has a minimum ceiling height of seven (7) feet, six (6) inches, provided that in the case of adjoining buildings, measurements shall be made from the center line of party walls and shall exclude, for all buildings, basements, garages, porches, utility and general storage rooms in basementless dwellings and public halls, utility and storage rooms in multiple buildings.
(b) Minimum Area. The minimum area of a town house unit shall be not less than 1,100 square feet for a one-story building and not less than 1,400 square feet in a building of more than one story. All town house units shall contain at least one bedroom and a minimum of fifty percent (50%) of all units in any development shall contain at least two bedrooms.
(c) Utility Storage Space. In addition to the minimum area requirements set forth herein, at least sixty (60) square feet of utility and general storage space shall be provided in a room or rooms having a minimum ceiling height of seven (7) feet for each unit. Such space shall be located on the ground floor or in a basement.
(Ord. 72-13. Passed 7-11-72.)
1149.07 HEIGHT REGULATIONS.
No building or structure shall exceed a height of two (2) stories, subject to the provisions of Chapter 1193. (Ord. 72-13. Passed 7-11-72.)
1149.08 YARD REQUIREMENTS.
The following minimum requirements shall apply.
(a) Front Yards. Front yard setbacks shall be not less than fifty (50) feet from the front street line.
(b) Yards and Open Spaces.
No. of Minimum Dimensions Building and Lot Relationship Stories of Yards (ft.) (1) Main wall facing another main 1 40 wall across an open yard (where 2 45 walls overlap less than fifty (50) feet) (2) Main wall facing a secondary 1 34 wall across an open yard (where 2 38 walls overlap less than fifty (50) feet) (3) Secondary wall facing a secondary 1 25 wall across an open yard (where 2 28 walls overlap less than fifty (50) feet) (4) Main wall facing a side or rear 1 20 lot line (where wall is less than 2 22.5 fifty (50) feet in length) (4) Secondary wall facing a side or 1 12.5 rear lot line (where wall is less 2 14 than fifty (50) feet in length) |
The minimum distance between any two parallel walls which overlap more than fifty (50) feet or extend unbroken for more than fifty (50) feet parallel to a property line (or within fifteen (15) degrees of parallel), as set forth in the above schedule, shall be increased not less than 0.15 times the number of feet the walls overlap or extend along a property line more than fifty (50) feet.
The required yards set forth herein may be used for pedestrian walks, recreation areas, parking areas or driveways.
(c) Yards for Accessory Buildings or Uses. Accessory buildings or uses shall be located not less than as set forth as follows:
Minimum Distance from Main Building (ft.) | From Side or Rear Lot Line of: | |||
Accessory Building or Use | Main Wall | Secondary Wall | Single-Family Residence District | All Other Districts |
Garage | 30 | 15 | 15 | 5 |
Sidewalk | 15 | 5 | 3 | 3 |
Private drive or parking area | 30 | 10 | 8 | 3 |
Play area | 30 | 20 | 20 | 3 |
Yards not occupied by any of the above accessory buildings and uses shall be fully developed with lawns and other landscape features.
(d) Assurance of Privacy. Yards of town house dwellings shall be related to the plan of the dwelling units, and buildings shall be so arranged as to assure the maximum privacy between adjacent buildings and intersecting wings of buildings from streets, parking spaces and recreation areas.
(Ord. 72-13. Passed 7-11-72.)
1149.09 SIGNS.
1149.10 SUPPLEMENTAL REGULATIONS.
(a) Recreation Areas. For each town house development, there shall be provided, in addition to the minimum lot area requirement per unit as set forth in Section 1149.05, and in addition to required yards, a usable recreation area of not less than 200 square feet per dwelling unit.
(b) Improvements. The site of town house development shall be improved as follows:
(1) City water, storm sewers and sanitary sewers shall be provided.
(2) Public and private streets which serve town houses shall be improved in accordance with Chapter 1107 and any other pertinent sections of these Codified Ordinances.
(3) The Planning Commission may require the dedication of any roadway or right of way within a town house development if it appears that such roadway or right of way is or may become an essential part of the City's street system.
(Ord. 72-13. Passed 7-11-72.)
(c) Screening. Screening shall be required on rear or side lines abutting any lot either presently in use as or zoned residential as stated in Section 1197.03(a) of the Planning and Zoning Code.
(Ord. 91-24. Passed 6-4-91.)
(d) Parapet Walls. In any town house development containing more than one town house unit, all walls separating town house units of equal height shall be parapet walls.
(Ord. 72-13. Passed 7-11-72.)
(e) Floodlights, etc. No floodlights, searchlights, loudspeakers, party tents or similar features shall be erected, installed or used except upon and under authority of a temporary permit issued by the Mayor.
(Ord. 81-32. Passed 5-5-81.)
1149.11 DEVELOPMENT PLANS.
A development plan, in preliminary form, shall be provided for all types of proposals of development within the R-4 Town House Residence District, as regulated in Section 1147.08. The preliminary development plans shall also show the surrounding streets and nearest buildings on adjoining lots.
(Ord. 72-13. Passed 7-11-72.)
1149.12 SUBMISSION AND APPROVAL OF DEVELOPMENT PLANS.
Preliminary and final development plans shall be submitted, as provided for in Section 1147.09. The Architectural Board of Review may modify the strict requirements of this chapter if it finds that privacy, light and openness are improved because of the skillful design in the arrangements of buildings, landscaping or other site features, and may also require wider yards, where an adjoining building is near a lot line, and may require such features as fences and planting to protect adjoining residential and nonresidential developments, provided that no decrease in yard requirements, as provided for in this chapter, shall be permitted for the purpose of allowing the maximum number of units permitted under Section 1149.05.
(Ord. 72-13. Passed 7-11-72.)
1150.01 INTENT.
In recognition of the special nature of the housing needs of older persons and to enable older persons to obtain suitable, safe, sanitary and decent housing designed to meet their special needs which include, among other things, a reduced dwelling size, assistance in housekeeping, availability of and location to essential amenities, and the development of neighborly relations in order to reduce feelings of alienation, it is necessary to establish an additional zoning classification regulating and controlling the location of buildings designed specifically for older persons. The location of such housing would be in accordance with and advance the policies of the City Master Plan and would promote and protect, to the fullest extent permissible under the powers of the City, the public health, safety, convenience, comfort, prosperity and general welfare of the residents. Housing for older persons may be located in an SR Senior Residence residential zone of the City provided it meets the requirements of this chapter.
(Ord. 2007-075. Passed 5-21-07.)
1150.02 HOUSING FOR OLDER PERSONS DEFINED.
“Housing for Older Persons” shall have the same meaning as defined in the Federal Housing for Older Persons Act of 1995 as amended, either with a minimum age of 62 for any resident in the dwelling units under Section 807 (b)(2)(B) (42 U.S.C. 3607) of the Federal Fair Housing Act or with a minimum age of fifty-five (55) under Section 807 (B)(2)(c) (42 U.S.C. 3607) of the Federal Fair Housing Act so long as all persons occupying each dwelling unit are age fifty-five (55) or over.
(Ord. 2007-075. Passed 5-21-07.)
1150.03 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part, in SR Senior Residence Districts, only for the uses set forth in the following schedules and regulations.
(a) Main Buildings and Uses Permitted. Senior dwelling units designed specifically for older persons are permitted in SR Senior Residence Districts.
(b) Accessory Uses Permitted. Any accessory use is permitted which is incidental to the main use, provided it is planned and developed integrally with the main building and that it has no injurious effect on adjoining use districts, such as:
(1) Multi-purpose senior community activity centers, craft and meetings rooms, and areas for passive and active recreation for older persons; and
(2) Storage garages and off-street parking areas for residents, guests and employees of the housing for older persons facility.
(Ord. 2007-075. Passed 5-21-07.)
1150.04 DEVELOPMENT CRITERIA.
The following development criteria are established to guide and control the development and use of land for housing designed for older persons in an SR Senior Residence District:
(a) Special Safety and Convenience Features. All multi-family housing designed for older persons shall include any and all other special safety and convenience features required in buildings qualifying for housing assistance for the elderly in new construction designed for older persons.
(Ord. 2007-075. Passed 5-21-07.)
1150.05 AREA, YARD AND HEIGHT REGULATIONS.
Land and buildings shall be used only in accordance with the area regulations and buildings shall be erected, altered, moved and maintained only in accordance with the area, yard and building height regulations set forth in the following schedule.
(a) Any development in an SR Senior Residence District shall have a minimum lot of three (3) acres and a maximum of thirty (30) dwelling units per acre.
(b) Buildings constructed in an SR Senior Residence District shall not exceed two (2) stories or thirty-five (35) feet , whichever is less. Mechanical space for building equipment placed on the roof of an apartment building may be allowed above the maximum height specified, provided that such mechanical space is set back a minimum of fifteen (15) feet from any exterior wall, does not exceed eight (8) feet in height and is adequately screened from view, provided further that such mechanical space and screening are approved by the Architectural Board.
(c) Buildings fronting in major arterial, collector and local collector streets shall have a setback of fifty (50) feet. Buildings fronting on local streets shall have a setback of thirty-five (35) feet. Building setback shall be measured from the street right-of-way for dedicated streets or from the nearest edge of pavement of private drives.
(d) Any development shall front on a public street or have a dedicated access drive of a minimum width of thirty (30) feet from a public street.
(e) The Planning Commission may vary such setback distance if it determines that the intent of this chapter will be adequately met.
(Ord. 2007-075. Passed 5-21-07.)
1150.06 PARKING.
(a) Parking in any SR Senior Residence District shall provide a minimum of one space per dwelling unit plus one space for each employee.
(b) The design and construction of off-street parking areas shall be determined by the City Engineer. Additional guest off-street parking may be required as determined by the Planning Commission.
(Ord. 2007-075. Passed 5-21-07.)
1150.07 DWELLING UNIT SIZE.
The minimum floor area of dwelling units in any SR Senior Residence District shall be as indicated in the following schedule:
Dwelling Unit Minimum Floor Area (square feet)
One bedroom unit 500
Two bedroom unit 650
(Ord. 2007-075. Passed 5-21-07.)
1150.08 PROCEDURES FOR SENIOR RESIDENCE DEVELOPMENT.
Subject to the requirements of this chapter, a developer may submit to the Building Commissioner a preliminary site plan of a senior residence development area by filing copies thereof with the Planning Commission for its review and approval.
(Ord. 2007-075. Passed 5-21-07.)
1150.09 DEVELOPMENT AREA PRELIMINARY SITE PLAN.
(a) The Planning Commission shall review the preliminary site plan of the development area designed in accordance with the planning standards, regulations, and criteria established in this Zoning Code and the Subdivision Regulations as modified by this chapter, which shall indicate all uses proposed for the senior residence development area, the location and arrangement of uses and shall include, unless waived by the Planning Commission as not being applicable, the following:
(1) Topography at two (2) foot contour intervals of the proposed development area, including property lines, easements, street rights-of-way and existing structures, trees and landscape features existing thereon and a certificate, by a registered engineer or surveyor, of the gross area of the development area in acres and square feet;
(2) The location of all structures in the development area to be removed and all structures lying outside of the boundaries of the development area, within 200 feet thereof;
(3) The number, location and arrangement of all proposed dwelling units;
(4) The proposed use of all land;
(5) The location and arrangement of all dedicated streets, private driveways, and pedestrian and vehicular accessways to dedicated streets;
(6) The number and arrangement of all open and enclosed parking and service areas;
(7) The location of all site utilities, including disposal areas and containers;
(8) The location of all walls and other site features;
(9) The landscape design for the development area subject to approval by the City Landscape Architect; and
(10) Electric, telephone and cable wires shall be underground.
(11) Such other relevant information as the Commission and the City Engineer may require.
(b) The site plan of the development area shall be prepared by professional persons qualified in the planning of land development, building and landscape design. The architectural and engineering services required for the preparation of the site plan shall be rendered by licensed professional persons.
(c) In approving such a plan, the Planning Commission must be satisfied that the proponents of the development project are financially able to carry out the project, that they intend to start construction within one year of the approval by Council of the project and that they intend to complete the development within a reasonable time as determined by the Commission.
(d) Upon approval of the preliminary site plan by the Planning Commission, the developer may submit a final site plan for approval by the Planning Commission, the Board of Architectural Review and Council.
(Ord. 2007-075. Passed 5-21-07.)
1150.10 BUILDING PERMITS.
Following approval of the senior residence development area final plan by the Council, Planning Commission, the City Engineer and the Board of Architectural Review, and approval of building plans by the Building Commissioner, building and other permits may be issued upon payment of the required fees.
(Ord. 2007-075. Passed 5-21-07.)
1150.11 PHASED DEVELOPMENT.
A developer, having obtained approval of a final development plan, may accomplish the development in such progressive stages as may be approved by the Planning Commission and City Engineer. (Ord. 2007-075. Passed 5-21-07.)
1150.12 AMENDMENT TO PLANS.
(a) At any time after the approval of a final plan of a senior residence development area, the owner or owners may request an amendment of their plans. The request for such amendment shall be filed with the Building Commissioner and one copy filed with the Clerk of Council. If such amendment is in substantial agreement with the approved development area site plan, it shall be processed by the Planning Commission.
(b) Should such amendment represent a departure from the intent of a prior approval in terms of:
(1) Building location and arrangement;
(2) Street alignment;
(3) Intensity of use (density);
(4) Land use arrangements;
(5) Area and parking requirements; and
(6) Architectural design.
Such amendment shall be subject to the same procedures and conditions of approvals as the original application.
(Ord. 2007-075. Passed 5-21-07.)