The following residential zoning districts listed and described in this chapter are hereby established for the City. For the interpretation of the Zoning Code, the residential zoning districts have been formulated to realize the general intent of the Code as set forth in Section 1240.02. In addition, the specific intent of each residential zoning district shall be as follows in this chapter.

(Ord. 29-16. Passed 11-15-16.)

   No structure shall be erected, converted or altered, demolished, demolished for a replacement structure, nor shall any structure or land be used, except for a purpose allowed in the district in which the structure or land is located as identified by the Official Zoning Map, except as provided in this Zoning Code. No structure shall be erected, enlarged or altered except in conformity with the district regulations, the off-street parking and loading regulations and the supplementary regulations of this Zoning Code for the district in which such structure is located as identified by the Official Zoning Map.

(Ord. 29-16. Passed 11-15-16.)

   This District, designated by the symbol "R-1" in this Zoning Code and on the official zoning map, is intended to preserve an area of existing single-family residential development at the lowest density compatible with the existing scale and character of this section of the City. This section needs to be protected from random new development or redevelopment of a higher density or incompatible use. The R-1 Zoning District is intended to preserve the established density and scale of this area. Any development or redevelopment of a moderately higher residential density should generally be allowed only by planned unit development, as described in Chapter 1256, in appropriate locations and carefully designed to harmonize with nearby development.

(Ord. 29-16. Passed 11-15-16.)

   This District, designated by the symbol "R-2" in this Zoning Code and on the official zoning map, is intended to preserve an area of existing single-family residential development at an intermediately low density compatible with the existing scale and character of this section of the City. This section needs to be protected from random new development or redevelopment of a higher density or incompatible use. The R-2 Zoning District is intended to preserve the established density and scale of this area. Any development or redevelopment of a moderately higher residential density should generally be allowed only by planned unit development, as described in Chapter 1256, in appropriate locations and carefully designed to harmonize with nearby development.

(Ord. 29-16. Passed 11-15-16.)

   This District, designated by the symbol "R-3" in this Zoning Code and on the official zoning map, is intended to preserve areas of existing single-family residential development at a medium density compatible with the existing scale and character of these sections of the City. These sections need to be protected from random new development or redevelopment of a higher density or incompatible use. The R-3 Zoning District is intended to preserve the established density and scale of these areas. Any development or redevelopment of a moderately higher residential density should generally be allowed only by planned unit development, as described in Chapter 1256, in appropriate locations and carefully designed to harmonize with nearby development.

(Ord. 29-16. Passed 11-15-16.)

   This District, designated by the symbol "R-6" in this Zoning Code and on the official zoning map, is intended to preserve areas of existing single-family residential development at a medium-high density compatible with the existing scale and character of this district. Much of the City is presently developed in this use and approximately at this density. Any development or redevelopment of a higher residential density than allowed under the development standards of this district should generally be allowed only by planned unit development, as described in Chapter 1256, in appropriate locations and carefully designed to harmonize with nearby development.

(Ord. 29-16. Passed 11-15-16.)

   This District, designated by the symbol "R-12" in this Zoning Code and on the official zoning map, is intended to allow limited areas for multifamily residential development compatible with the scale and character of the community as a whole. It is recognized that several small areas of the community are appropriate for a higher residential density than is reasonable for single-family residential development, but that these areas should be compatible with nearby single-family development. It is also recognized that some areas of moderate single-family residential density may be desirable for redevelopment. Any development or redevelopment of a higher residential density than allowed under the development standards of this district should generally be allowed only by planned unit development, as described in Chapter 1256, in appropriate locations and carefully designed to harmonize with nearby development.

(Ord. 29-16. Passed 11-15-16.)

   Uses specifically listed for one district but not included in another are intentionally omitted from the latter; uses specifically listed as Conditional Uses but not included as permitted uses are intentionally omitted as permitted uses. Uses not specifically defined in this Zoning Code carry their customary meanings. Questions of definition pertaining to uses allowed shall be decided by the Board of Zoning and Planning based on the intent of this Zoning Code and the intent of any district in question. Uses not listed as permitted or conditional in the following table are prohibited. Permitted uses are designated by "P" and Conditional Uses by "C" below:

 

(Ord. 29-16. Passed 11-15-16.)

   The following district regulations are hereby adopted as minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:

 

 

(Ord. 29-16. Passed 11-15-16.)

   (a)    Yard requirements along the side street of a corner lot shall be as follows:

      (1)   In residential districts, the side yard requirement from the street side property line shall be:

         •   lots of 40 feet or less it shall be 10 feet

         •   lots over 40 to 50 feet it shall be 15 feet

         •   lots over 50 to 100 feet it shall be 20 feet

         •   lots over 100 to 150 feet it shall be 25 feet

         •   lots over 150 feet it shall be 30 feet

      (2)    In residential districts, accessory uses and detached structures shall be located a minimum of five feet farther back from the side street property line than the principal structure is allowed.

   (b)    On through lots, no structure or accessory use shall be permitted within twenty feet of the rear lot line.

   (c)   On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bounded by the curb lines of such corner lot and a line joining points along such curb lines thirty feet from the corner curb point of where the streets intersect.

   (d)   The installation of artificial turf shall be limited to the rear yard of a residential property.

(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20; Ord. 38-21. Passed 10-12- 21.)

   The yard spaces required for a use or structure shall remain free of all uses or structures with the following exceptions:

   (a)    Fences shall be permitted in any required yard or along the edge of any yard, unless regulated or prohibited by Chapter 1264, including provisions for corner lots.

   (b)    Eaves, cornices, window awnings, window sills and belt courses, window wells, chimneys and window air conditioner units may project into any required yard a distance not to exceed two feet, except that required egress windows with safety covers may encroach up to three feet and not above grade.

   (c)    Unenclosed porches may extend ten feet into the required front yard. If uncovered, a deck may extend four feet into a required side or rear yard.

   (d)    Parking areas shall be permitted in required yards only as specified in Chapter 1262.

   (e)    A proposed addition to a residential structure with a non-conforming side yard setback that meets all other zoning and building standards, may encroach up to two feet into the required side yard setback to no closer than 5 feet from the property line, provided that the proposed addition is at least 8 inches further from the property line than the building line of the existing enclosed living space of a principal structure and fire safety and Building Code requirements are met.

   (f)   Accessory structures as provided in Section 1252.15(g).

(Ord. 29-16. Passed 11-15- 16; Ord. 08-20. Passed 7-14-20.)

   (a)    A special permit from the Board of Zoning Appeals shall be required for an accessory use or structure in Residential R-1, R-2, R-3 and R-6 Residential Districts where the principal structure deviates by more than twenty percent from the established front yard set-back line.

   (b)    If a special permit is granted, the Board may impose further requirements and conditions regarding the location, character and other features of the proposed accessory use or structure as the Board deems necessary to carry out the intent and purpose of this Zoning Code and to otherwise safeguard the public safety and welfare.

(Ord. 29-16. Passed 11-15-16.)

   Any new private street in a residential zoning district must be approved by Council, and shall be constructed no closer than 240 feet to an existing adjacent lot line.

(Ord. 29-16. Passed 11-15-16.)

   In the R-12 district, more than one structure containing a principal use may be erected on a single lot, provided that yard and other requirements of this Zoning Code shall be met for each structure as though it were on an individual lot.

(Ord. 29-16. Passed 11-15-16.)

   An accessory use or structure shall be permitted in association with a principal residential structure provided that the following requirements are met:

   (a)   Maximum building footprint, building height, eave height, finished accessory structure attic floor area maximums, and functional dormer allowance shall be as follows:

 

 

   (b)   The width of the accessory use or structure may not exceed:

      (1)   Sixty percent (60%) of the lot width in the instance of detached garages.

      (2)   Forty percent (40%) of the lot width in the instance of other accessory structures or uses.

      (3)   No accessory structures combined may exceed sixty percent (60%) of the lot width.

   (c)   Special permits for functional dormers shall be based upon the following considerations:

      (1)   The extent to which proposed dormers would face onto adjacent property; windowed dormers that face inward or onto an alley are preferred over windowed dormers facing onto adjacent property.

      (2)   The setback of the proposed accessory structure; setbacks in excess of district requirements provide a greater distance between adjacent properties and uses and, in instances where windowed dormers face onto adjacent property, are desirable.

      (3)   The design and massing of dormers facing onto adjacent property.

   (d)   Dormers shall be designed based upon the following design requirements:

      (1)   Dormers may not occupy more than fifty percent (50%) of the eave length on either side of a gabled structure and must be recessed a minimum of two feet behind the first floor exterior walls.

         A.   Special permits may be sought for dormer exterior walls that are even with the first floor exterior wall, based upon architectural appropriateness.

      (2)   Any dormer with an individual width in excess of thirty percent (30%) of the eave length must face the interior of the lot.

      (3)   Dormer ridge height shall be at least one foot below primary ridge height.

      (4)   The design of the structure shall take into account the balance of any dormers between sides of the structure.

   (e)   In the R-12 zoning district, maximum building footprint of the accessory use or structure shall be the lesser of 312 square feet per dwelling unit or thirty-five percent (35%) of the building footprint of the principal use or structure.

   (f)   Unless duly registered in accordance with Section 1266.24, it shall not be used as a dwelling unit, and may not contain more than two of the following elements: a bedroom; a kitchen; or a bathroom.

   (g)   Accessory structure and use placement and design shall be based upon the following criteria:

      (1)   Accessory structures and uses shall be permitted only in the rear yard and shall be at least three feet from all property and right-of-way lines, provided that ample yard space is left open for the entrance and use of fire protection equipment.

      (2)   Accessory structures and uses with outward facing dormers shall be set back at least ten feet from property lines.

      (3)   Detached garages shall not be located less than ten feet from a principal structure.

      (4)   Detached garages accessible from an alley must demonstrate adequate turn-in radius to allow for vehicular ingress and egress.

      (5)   For corner lots in residential districts, accessory uses and structures shall be located a minimum of five feet farther back from the side street than the principal structure is allowed.

      (6)   A garage must be able to functionally accommodate vehicles, with operational garage bay doors and adequate depth for standard sized vehicles.

(Ord. 29-16. Passed 11-15-16; Ord. 11-21. Passed - -21; Ord. 15-25. Passed 9-9-25.)

   A private swimming pool shall be permitted as an accessory use to any permitted residential use provided it meets the requirements of Chapter 1464 of the Building and Housing Code.

(Ord. 29-16. Passed 11-15-16.)

   An independent dwelling unit in conjunction with and clearly subordinate to a primary dwelling unit, for the habitation of family members as described below, shall be a permitted or Conditional Use in designated residential districts as described in Section 1252.08, provided that the following requirements are met:

   (a)   The in-law suite must be located within the principal structure (which includes attached garages or areas over attached garages).

   (b)   No more than one in-law suite is permitted per principal structure

   (c)    Maximum size of the in-law suite shall not exceed 800 square feet.

   (d)    The structure must maintain a single-family residential appearance, which blends with the principal structure and the neighborhood. An architectural rendering and floor plan must be provided and approved by BZAP. Said plans shall include a landscape plan, which will be followed as approved.

   (e)    The in-law suite may be located on the first or second floor.

   (f)    Property owner must live on site, and the in-law suite must be subservient to the principal use of the property as a dwelling.

   (g)    The in-law suite shall be occupied by family of the owner of the principal residence.

      (Ord. 29-16. Passed 11-15-16.)