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Bellville City Zoning Code

R-1 RESIDENTIAL

DISTRICT

§ 155.090 PURPOSE.

   The purpose of the R-1 Residential District is to provide for low density residential development with a minimum on non-residential intrusion.
(Ord. 87-27, § 200, passed 7-7-1987)

§ 155.091 USE.

   Within the R-1 Residential District the following uses and no others shall be permitted:
   (A)   One-family dwelling units.
   (B)   Two-family dwelling units.
   (C)   Accessory uses. See definition.
   (D)   Accessory buildings. See § 155.294.
(Ord. 87-27, § 201, passed 7-7-1987)

§ 155.092 CONDITIONALLY PERMITTED USES.

   Within the R-1 Residential District the following uses shall be conditionally permitted:
   (A)   Home occupations.
   (B)   Churches, synagogues and temples for religious worship.
   (C)   Public or private schools certified by the State of Ohio and offering courses in grades kindergarten through high school.
   (D)   Private swimming pools or tennis courts, basketball courts and skating rinks except that no such use shall be enclosed by any temporary or permanent structure or building, except for a fence subject to § 155.094.
   (E)   Utility and public service buildings and uses (excluding storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.
   (F)   Parabolic/dish type antennae. See § 155.303.
(Ord. 87-27, § 202, passed 7-7-1987)

§ 155.093 ACCESS.

   All uses conditionally permitted under § 155.092(B), (C) and (E) shall have access directly onto an arterial or collector thoroughfare and all driveways shall exit onto such streets. All driveways shall enter the street right of way at a point that is at least 100 feet from the nearest intersection of public streets.
(Ord. 87-27, § 203, passed 7-7-1987)

§ 155.094 FENCING/SCREENING.

   Fencing/screening shall be permitted in § 155.091(A) and (B) and § 155.092(B), (D) and (E) subject to the following conditions:
   (A)   No fencing shall extend towards the front lot line beyond the rear of the principal buildings or structures except for decorative fencing.
   (B)   A decorative fence, whose sole purpose is to enhance the attractiveness of the house, shall be permitted on an individual basis. In no circumstances will such fences be placed upon village rights-of-way, nor shall exceed four feet in height.
   (C)   Privacy fence shall be permitted subject to the following conditions: No privacy fence may exceed the maximum height of six feet. It must be located only in the back or side yard from the rear of the principal building.
   (D)   Fence requirements in § 155.122(G) and (H) will take precedent over any of the above requirements.
(Ord. 87-27, § 204, passed 7-7-1987; Ord. 43-04, passed 7-19-2004)

§ 155.095 LIGHTING.

   All exterior lighting in this district shall be shielded so as not to shine onto adjoining property.
(Ord. 87-27, § 205, passed 7-7-1987)

§ 155.096 LOUDSPEAKERS.

   No loudspeakers shall be allowed outside of any building nor shall they be permitted to be used inside any building in such a manner that they are designed or intended to broadcast outside of the building.
(Ord. 87-27, § 206, passed 7-7-1987)

§ 155.097 MINIMUM LOT SIZE.

   The minimum lot size for those uses permitted under § 155.091(A) and (B) and § 155.092(D) and (E) are as follows:
   (A)   Lots with EPA approved municipal or private sewer systems serving more than one lot:
      (1)   Width: 90 feet.
      (2)   Length: 130 feet.
      (3)   Total square feet: 11,700 square feet.
      (4)   Width at set back: 90 feet.
   (B)   Lots without EPA approved municipal or private sewer systems must be of adequate size to obtain approval for an on-site system based on the most current Richland Public Health Department rules and regulations; in addition, the lot shall be at least:
      (1)   Width: 100 feet.
      (2)   Length: 130 feet.
      (3)   Total square feet: 43,560 (one acre).
      (4)   Width at set back: 100 feet.
   (C)   The minimum lot size for those uses permitted under § 155.092(B) and (C) shall be two acres.
   (D)   The preceding lot size requirements are not applicable to lots within the R-1 district for which the size was established prior to January 1, 1987. For such lots, the required width is no less than 60 feet and no minimum length applies. In the event the dimensions of such lots changes, all of the above size requirements apply to new construction.
(Ord. 87-27, § 207, passed 7-7-1987; Am. Ord. 12-2018, passed 4-17-2018)

§ 155.098 MAXIMUM BUILDING SIZE.

   All uses conditionally permitted under § 155.092(B) and (C) shall have no more than 25% of the lot area covered by buildings.
(Ord. 87-27, § 208, passed 7-7-1987)

§ 155.099 MAXIMUM BUILDING HEIGHT.

   All buildings/structures under § 155.091(A) and (B) and § 155.092(B), (C) and (E) shall not exceed more than 35 feet in height or two stories in height above the ground level except for a steeple, chimney, aerial or other appurtenances.
(Ord. 87-27, § 209, passed 7-7-1987)

§ 155.100 SETBACKS.

   (A)   All buildings/structures in § 155.091(A) and (B) and § 155.092(D) shall meet the following setback requirements:
      (1)   Front: 30 feet from street right of way.
      (2)   Side: six feet from side property line.
      (3)   Rear: 40 feet from rear property line.
      (4)   Accessory building: See § 155.294.
   (B)   All buildings/structures in § 155.092(B), (C) and (E) shall meet the following set back requirements:
      (1)   Front: 30 feet from street right of way.
      (2)   Side: 25 feet from side property line.
      (3)   Rear: 50 feet from rear property line.
   (C)   All property situated at the intersecting of two public streets (corner lots) shall meet the minimum set back requirements as required in that district along both such streets.
(Ord. 87-27, § 210, passed 7-7-1987)

§ 155.101 MINIMUM FLOOR AREA.

   The minimum interior floor area shall be as follows:
   (A)   One-family dwelling unit: 1,200 square feet.
   (B)   Two-family dwelling unit: 1,000 square feet per unit.
(Ord. 87-27, § 211, passed 7-7-1987)

§ 155.102 GARAGE.

   Each dwelling unit shall have a minimum of one garage with dimensions not less than 12 by 22 feet and which shall be located on the same lot as the dwelling.
(Ord. 87-27, § 212, passed 7-7-1987)

§ 155.103 GREENBELT REQUIREMENTS.

   All parking lots located in § 155.092(B), (C), (D) and (E) must in addition to a required set back of 12 feet from all abutting property lines be required to have and maintain an obscuring greenbelt. See § 155.304.
(Ord. 87-27, § 213, passed 7-7-1987)

§ 155.104 FRONT YARD VARIANCE.

   In any R-l District where the average depth of at least two existing front yards on lots located within 100 feet of the lot in question and within the same block are less or greater than the minimum front yard set back prescribed, the Planning Commission may modify the required front yard depth of the lot no more than ten feet.
(Ord. 87-27, § 214, passed 7-7-1987)

§ 155.105 SIGN REGULATIONS.

   See § 155.346.
(Ord. 87-27, §215, passed 7-7-1987)

§ 155.106 PARKING REGULATIONS.

   (A)   See § 155.320.
   (B)   No parking in front yards. No person shall park, nor shall any land owner, resident, or other person in control of a parcel in this district allow a person to park, a vehicle, trailer, or watercraft in the front yard of a parcel within this district except within an off-street parking area (including a garage) or a driveway. Off-street parking areas, garages, and driveways must be placed and surfaced in conformity with the requirements of this Zoning Code.
      (1)   For the purpose of this section only, the “front yard” of a parcel includes all areas enclosed between the paved street and a line running parallel to the street adjacent to the closest part of the permanent structure, excluding porches and appurtenances, of the primary building on the parcel.
      (2)   For the purpose of this section only, for a parcel that is adjacent to more than one street, the “front yard” of that parcel includes all areas enclosed between the paved street and a line running parallel to the street and adjacent to the closest part of the permanent structure, excluding porches and appurtenances, of the primary building on the parcel for every street to which the parcel is adjacent.
      (3)   For the purpose of this section only, “street” means any dedicated right-of-way and excludes alleys.
      (4)   The prohibition on parking in this section shall not apply under the following conditions:
         (a)   Vehicles actively being used for the purposes of construction, landscaping or other improvement to the property or adjacent property, but only during hours while work is being performed and only during the time the vehicles are actually being used in connection with such improvements.
         (b)   During larger renovations or construction projects on the property when the owner has notified the Village Planning Commission of such projects and when the projects have a definitive end date.
         (c)   Vehicles owned and operated by utility companies or the village during the performance of work on behalf of such utility companies or the village.
         (d)   Marked police cruisers of any jurisdiction when used for official business.
         (e)   Emergency vehicles when used for official business.
         (f)   While actually being used in loading or unloading of furniture and heavy loads; groceries, regardless of weight, are not heavy loads.
         (g)   During the annual Agricultural Street Fair.
         (h)   During special events such as parties or family gatherings, but only after all other available parking is exhausted.
         (i)   In locations where there is no curb and the vehicle will not be on or crossing a sidewalk, private vehicles parked in the front yard of a residence immediately adjacent to the street, parallel to the direction of traffic, with the edge of the vehicle closest to the residence being no further than ten feet from the street.
   (C)   The prohibitions in this section are in addition to other parking prohibitions and do not create any additional parking rights not in existence.
   (D)   Violations, penalty.
      (1)   Against the owner of the property upon which a vehicle is parked in violation of this section, any violation of this section shall be a strict liability offense and shall be a minor misdemeanor. The responsibility of the owner of the property shall be in addition to, and not be contingent upon, or exclusive of, any responsibility of another party.
      (2)   Against the owner of the vehicle parked in violation of this section, any violation of this section shall be a strict liability offense and shall be a minor misdemeanor. The responsibility of the owner of the vehicle shall be in addition to, and not be contingent upon, or exclusive of, any responsibility of another party.
      (3)   Against the resident or other person who controls the property upon which a vehicle is parked in violation of this section, a first violation of this section shall be a strict liability offense and shall be a minor misdemeanor. Any subsequent violation shall be a misdemeanor of the fourth degree, but shall require proof of knowledge; such subsequent violations may in the alternative be charged as a strict liability minor misdemeanor by omitting reference to a prior violation. The responsibility of the resident or other person who controls the property shall be in addition to, and not be contingent upon, or exclusive of, any responsibility of another party.
      (4)   No individual person shall be charged under more than one of the preceding paragraphs of this division (D) for a specific instance of prohibited parking.
      (5)   Each day of prohibited parking shall constitute a separate offense.
(Ord. 87-27, § 216, passed 7-7-1987; Ord. 9-2015, passed 3-17-2015)

§ 155.107 GENERAL REGULATIONS.

   See § 155.285.
(Ord. 87-27, §217, passed 7-7-1987)

§ 155.108 EXCLUDED RESIDENTIAL USES.

   In any R-1 District the following uses are excluded:
   (A)   House trailers.
   (B)   Manufactured homes.
   (C)   Junk or unlicensed motor vehicles that are stored outside any building or structure.
(Ord. 87-27, § 218, passed 7-7-1987; Ord. 20-99, passed 11-1-1999)