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Bentleyville City Zoning Code

CHAPTER 1266

Single-Family Residential District

1266.01 PERMITTED USES.

   Within the Village, buildings and land may be used, and buildings may be erected, altered, moved, maintained or reconstructed, only for the following purposes:
   (a)   Single-family dwellings with accessory buildings; publicly owned parks; publicly owned playgrounds; agriculture.
   (b)   Home occupations, roadside stands and professional offices.
      A home professional office or studio shall be permitted in a single-family dwelling, including that of an accountant, architect, attorney, clergyman, dentist, engineer and physician and of a resident who is an artist engaged in painting, drawing, sculpture, ceramics, music, literature, drama or dance, provided that:
      (1)   Such office is used for such purpose only by an occupant of such single-family dwelling.
      (2)   Accessory buildings shall not be used for a home professional office, nor for any related activity conducted in the home professional office.
      (3)   No assistants, other than members of the family residing therein, work therein.
      (4)   Such office does not change the residential character of the dwelling interior and exterior.
      (5)   The profession is conducted wholly within the single-family dwelling and does not occupy more than one room nor an area equal to more than twenty percent of the floor area of the one-family dwelling nor more than 200 square feet of floor area of the one-family dwelling.
      (6)   There shall be no external storage of materials and no other exterior evidence of the home office or occupation to the adjoining property owners, or from the street on which the dwelling fronts, except for the existence of a single unlighted sign not exceeding two square feet in area and to be used solely for identification purposes, which is otherwise lawful under the provisions of this Zoning Code.
      (7)   Equipment shall not be used which creates any electrical disturbances, objectionable odors or sounds beyond the premises.
      (8)   The lot upon which the single-family dwelling is situated contains no less than 80,000 square feet.
      (9)   Sufficient space is provided for parking all visiting automobiles in the driveway.
      (10)   Public visitation is limited to the extent that it will not create disturbances to contiguous property owners and the passing public.
   (c)   Buildings, structures and grounds owned or operated by the Village.
(Ord. 1993-34. Passed 8-23-93.)

1266.02 ACCESSORY BUILDINGS OR USES.

   Accessory building means a subordinate building detached from, but located on the same lot as the main building, the use of which is incident and accessory to that of the main building or use. When clearly incident to and located on the same land as the main permissible building or use, accessory buildings or uses shall be permitted in a Single-Family Residential District as follows:
   (a)   Garage or parking areas shall be provided.
      (1)   Unattached garages:
         A.   Unattached garages are permitted to be built to the side or rear of the main dwelling only; and
         B.   Unattached garages shall be located not nearer than thirty-five feet to the side lot line and not nearer than fifteen feet from any portion of the main dwelling.
      (2)   Unattached garages shall meet the following requirements:
         A.   Entrance doors facing to the side of the main dwelling;
         B.   A minimum width of fourteen feet, a minimum depth of twenty-two feet and a maximum height of twenty feet to the ridge measured from the grade at the garage door;
         C.   Doors shall be of sufficient size to allow passage of a full-sized automobile;
         D.   The exterior shall be of the same style and type of construction so as to conform with the existing main dwelling;
         E.   Sufficient gutters shall be installed and construction must include a concrete floor and masonry foundation of the type to bear to weight of a full-sized automobile; and
         F.   All utilities supplied shall be installed underground.
   (b)   On a lot upon which a single-family dwelling is situated, a shed or other structure for housing animals shall be permitted in the rear of the main dwelling only. Such shed or other structure shall not be located nearer than 100 feet to the main dwelling or to a street, or nearer than fifty feet to any lot line provided, however, that this paragraph shall not apply to usual household pets when kept as household pets. This section shall not apply to stables which are regulated by Chapter 1268.
   (c)   Structures other than unattached garages.
      (1)   Decks and gazebos and decorative structures and pool houses:
         A.   Decks.
            1.   First floor decks shall not be nearer than twenty-five to the rear yard lot line and not nearer than thirty-five feet to the side yard lot line.
            2.   Second floor or other decks shall not be nearer than fifty feet to the rear yard lot line and not nearer than thirty-five feet to the side yard lot line.
         B.   Gazebos and decorative structures. Such structures shall not be nearer than twenty-five feet to the rear yard lot line and not nearer than thirty-five feet to the side yard lot line. Such structure shall have a maximum height of fifteen feet at the ridge, shall not be nearer than fifteen feet to the main dwelling.
         C.   Pool houses. Such structures shall be located only to the rear of the main dwelling and shall not be nearer than fifty feet to any street or rear yard lot line and not nearer than thirty-five feet to the side yard lot line. Such structures shall not be nearer than fifteen feet to the main dwelling.
      (2)   Other structures. A shed, tool shed or other similar object or structure not covered above, shall not be located to the front or side of a main dwelling or nearer than fifty feet to a street or rear lot line or nearer than thirty-five feet to any side lot line, provided however, that school bus shelters hereunder may be located to the front of the main building nor more than twenty-five feet from a street. Such structure shall not be nearer than fifteen-feet to the main dwelling.
   (d)   No excavation, well-drilling, grading, or site improvements shall be started or no building or other structures shall be erected, altered, moved or reconstructed, until an appropriate permit has been applied for and issued by the Building Inspector.
   (e)   The sum of all accessory building shall not exceed 1,000 square feet.
   (f)   No accessory building shall be made into temporary or permanent living quarters.
   (g)   Unless otherwise noted in this section, the height of accessory buildings shall not exceed one story or twenty feet.
(Ord. 2009-47. Passed 1-20-10.)

1266.03 AREA, YARD AND HEIGHT REGULATIONS.

   All building and land shall be used, and building shall be erected, altered, moved, maintained or reconstructed, in accordance with the following area, yard and height regulations unless otherwise stated in Section 1266.02:
   (a)   There shall be not more than one main dwelling located on a lot.
   (b)   No building shall be erected, altered, moved or constructed on a lot having a width at the street line of less than 200 feet or sixty feet along a cul-de-sac.
   (c)   No building shall be erected, altered, moved or constructed on a lot:
      (1)   Containing less than 60,000 square feet for a lot that is not part of a subdivision as defined in Section 1240.02(h); or
      (2)   Containing less than 60,000 square feet for a lot that is not part of a subdivision as defined in Section 1240.01(e).
   (d)   No building or structure shall be erected, altered, moved, maintained or reconstructed nearer than 120 feet to the center of any street, or nearer than fifty feet to any other building, or nearer than thirty-five to any side lot line, or nearer than fifty feet to any rear lot line.
   (e)   Not more than fifteen percent of a lot may be covered by buildings. The fifteen percent calculation shall be made using the ground floor area of all buildings.
   (f)   The height of a dwelling shall not exceed two stories or thirty-five feet measured at the grade of the front door. Each story shall be not less than eight feet in height exclusive of thickness of floors, attic or loft. Chimneys or radio or television antennae, located upon and constituted as an integral part of a dwelling, shall not exceed fifty feet in height above the finished grade.
   (g)   Churches and parochial schools, and public schools, public libraries and other public building, may be erected to a height not exceeding sixty feet, provided that the front, side and rear yards are each not less than fifty feet from the lot line. Chimneys, church spires, cupolas, domes, towers, flagpoles, water tanks, monuments and other necessary mechanical appurtenances located upon or constituted as an integral part of such a building shall not exceed 100 feet in height above the finished grade. Any such building shall have side yards of at least fifty feet and shall provide adequate parking facilities.
   (h)   A dwelling shall be either a one or one-and-a-half story structure with a basement, a two-story structure with a basement, or a one-story structure without a basement, and shall meet the following requirements:
      (1)   A one or one-and-a-half story dwelling with a basement shall have a minimum first floor area, exclusive of garage, breezeway, porch, sun porch or any other structure or addition attached to the dwelling which is not usually used as part of the living quarters thereof, of 1,400 square feet of floor area.
      (2)   A two story dwelling with a basement shall meet the requirements of paragraph (h)(1) hereof, except that the minimum first floor area shall be 1,200 square feet.
      (3)   A one-story dwelling without a basement shall meet the requirements of paragraph (h)(1) hereof, except that the minimum first floor area shall be 1,600 square feet.
      (4)   A garage, of sufficient size to accommodate at least two full sized automobiles, shall be provided for any dwelling hereafter erected, altered, moved, maintained or reconstructed. The minimum interior width shall be twenty-two feet and the minimum interior depth shall be twenty-four feet.
(Ord. 2009-48. Passed 1-20-10; Ord. 2012-49. Passed 10-17-12.)

1266.04 NUISANCES PROHIBITED.

   All buildings and land in the Village shall be so used as not to be offensive to the person or property of others by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibrations, electricity or other objectionable features.
(Ord. 1983-35. Passed 4-11-84.)

1266.05 SUBSTANTIALLY LIKE STRUCTURES.

   (a)   The Building Inspector shall not approve any application for a permit to erect, construct, alter or enlarge any building or structure in a Single-Family Residential District which shall be like or substantially like any neighboring structure, as hereinafter defined, then in existence or for which a building permit has been issued, or which is included in the same building permit application, in more than three of the following respects:
      (1)   Height of the main roof ridge or, in the case of a building or structure with a flat roof, the highest point of the roof beams above the elevation of the first floor;
      (2)   Height of the main roof ridge above the tip of the plate (all flat roofs shall be deemed identical in this dimension);
      (3)   Length of the main roof ridge or, in the case of a building or structure with a flat roof, length of the main roof;
      (4)   Width between outside walls at the ends of the building or structure measured under the main roof at right angles to the length thereof;
      (5)   Relative location of windows in the front elevation and in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation;
      (6)   Relative location of any attached garage, porch or gable, if any, in the front elevation with respect to each other and the remainder of the building or structure;
      (7)   Building materials to be used in the exterior surface of the house.
   (b)   Buildings or structures shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet. Buildings or structures between which the only difference in relative location of elements is end to end or side to side reversal of such elements shall be deemed to be like each other in relative location of such elements.
   (c)   In relation to the premises with respect to which a building or structure is sought to be erected, constructed, placed, altered or enlarged, a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it or any part of it has been or will be located is any one of the following lots:
      (1)   Any lot on the street upon which the buildings or structures to be located on the premises would front, which is the first or the second lot next along the street in either direction from the premises, without regard to intervening street lines;
      (2)   Any lot any part of the street line frontage of which is across the street from the lot referred to in paragraph (c)(1) hereof;
      (3)   Any lot any part of the street line frontage of which faces the end of, and is within the width of, the street, if there are less than two lots between the premises and the end of the street;
      (4)   Any lot on another street which adjoins the premises on such other street; or
      (5)   Any lot any part of the street line frontage of which is across such other street from the premises or from a lot referred to in paragraph (c)(4) hereof.
(Ord. 1983-35. Passed 4-11-84.)

1266.99 PENALTY.

   Whoever violates or fails to comply with any of the provisions of this chapter, including the provisions of the Residential Code of Ohio for one, two and three family dwellings adopted by reference in Section 1266.01 et seq., is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than 60 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2018-35. Passed 9-19-18.)