Byrnes Mill City Zoning Code
ARTICLE V
"R-1" Single-Family Residential District
Section 400.110 Regulations.
[R.O. 2011 §400.110; Ord. No. 054-87 §V, 10-21-1987]
The regulations set forth in this Article, or set forth elsewhere in this Chapter when referred to in this Article, are the regulations of the "R-1" Single-Family Residential District.
Section 400.120 Permitted Uses.
[R.O. 2011 §400.120; Ord. No. 054-87 §V, 10-21-1987; Ord. No. 113-88 §1, 12-7-1988; Ord. No. 617-06 §1, 1-4-2006]
A.
A building or premises shall be used only for the following purposes:
1.
Detached single-family dwelling (but not including mobile homes).
2.
Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
3.
Church or temple.
4.
Public schools, and private educational institutions having a curriculum the same or ordinarily given in public schools, and having no rooms regularly used for housing and sleeping rooms.
5.
Publicly owned or operated parks, playgrounds, libraries, or art galleries, and public facilities necessary for the furnishing of adequate service to the area, but not including a garage, general office, outdoor storage yard or warehouse.
6.
Golf courses, except miniature golf courses and driving ranges operated for commercial purposes.
7.
Temporary buildings, the uses of which are incidental to construction operations or sales of lots during development on the same or adjoining tract or subdivision and which shall be removed, upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.
8.
Attached buildings or structures shall be considered as a part of the principal or main building and conform to all regulations applicable to said principal building.
[Ord. No. 830-14 §I, 6-4-2014]
9.
Accessory buildings (see definition under Section 400.020) are permitted with the following provisions and requirements.
[Ord. No. 830-14 §I, 6-4-2014]
a.
No accessory building is permitted within the front yard area.
[Ord. No. 837-14 §I, 11-5-2014]
b.
No accessory building shall be located within or partially within a designated utility easement.
c.
No accessory building shall be used, under any circumstance, for commercial purposes.
d.
The combined square footage of all accessory buildings on one (1) lot shall not exceed the maximum square footage allowed under Section 400.120 (A)(9)(g).
e.
(Reserved)
f.
For any accessory building the maximum wall height is fourteen (14) feet measured from the finished concrete floor of the building to the top of the wall.
g.
Accessory building sizes and back setbacks. Accessory building sizes and back setbacks are as follows:
[Ord. No. 863-16 §§1 — 2, 2-3-2016]
(1)
For lots that are less than or equal to one (1) acre, the ground floor area of an accessory building may not occupy more than seven hundred twenty (720) square feet. The minimum distance from the back property line shall be ten (10) feet.
(2)
For lots that are greater than one (1) acre and less than three (3) acres, the accessory building cannot be greater than one thousand two hundred (1,200) square feet. The minimum distance from the back property line shall be thirty (30) feet.
(3)
For lots that are greater than or equal to three (3) acres, the accessory building cannot be greater than two thousand four hundred (2,400) square feet. The minimum distance from the back property line shall be thirty (30) feet.
h.
Accessory building side setbacks. Accessory building side setbacks are as follows:
(1)
For buildings whose ground floor area is less than or equal to seven hundred twenty (720) square feet, the side setback shall be ten (10) feet.
(2)
For accessory buildings whose ground floor area is greater than seven hundred twenty (720) square feet but less than one thousand (1,000) square feet, the side setback shall be twenty (20) feet.
(3)
For accessory buildings whose ground floor area is greater than one thousand (1,000) square feet but less than one thousand four hundred (1,400) square feet, the side setback shall be twenty-five (25) feet.
(4)
For accessory buildings whose ground floor area is greater than one thousand four hundred (1,400) square feet, the side setback shall be thirty (30) feet.
(5)
No accessory building shall be erected within ten (10) feet of another building.
i.
Exterior design. The exterior design for accessory buildings should be similar in design, appearance, and color scheme of the principal building.
j.
Accessory buildings that exceed seven hundred twenty (720) square feet must have gutters and downspouts unless the style of building does not lend itself to guttering and the rear and side setbacks exceed fifty (50) feet each.
[Ord. No. 911-19, 11-20-2019]
k.
Accessory buildings that are one hundred fifty (150) square feet or less do not require a building permit.
l.
No accessory building shall be constructed on a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on a lot is completed and used. Also, no accessory shall be used for dwelling purposes.
10.
Lots, upon which accessory buildings have been constructed pursuant to this provision of the Code shall be ineligible for lot split/minor subdivision of said lot unless granted such relief by the Board of Aldermen as set forth in the procedures and standards established in Article XXII of this Chapter.
[Ord. No. 830-14 §I, 6-4-2014]
Section 400.130 (Reserved) [1]
[1]
Editor's Note — Ord. no. 795-12 §1, adopted August 15, 2012, repealed section 400.130 "special uses" in its entirety. Former section 400.130 derived from R.O. 2011 §400.130; ord. no. 054-87 §V, 10-21-1987.
Section 400.140 Parking Regulations.
[R.O. 2011 §400.140; Ord. No. 054-87 §V, 10-21-1987; Ord. No. 360-95 §I, 10-18-1995]
Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Article XVIII, Off-Street Parking And Loading Requirements.
Section 400.150 Height and Area Regulations.
[R.O. 2011 §400.150; Ord. No. 054-87 §V, 10-21-1987]
A.
In addition to the specific requirements for the "R-1" Single-Family Residential District, all height and area regulations and exceptions set forth in Article XVII, Height And Area Exceptions And Modifications, as they apply to uses in the "R-1" Single-Family Residential District, shall be observed.
1.
Height. The maximum height of building permitted shall be as follows:
a.
Detached single-family dwellings, and all buildings other than churches and similar places of worship thirty-five (35) feet and not over two and one-half (2½) stories.
b.
Churches and similar places of worship, seventy-five (75) feet for towers or steeples, and not more than forty-five (45) feet for the principal building.
2.
Area. No building or structure shall be erected or enlarged unless the following minimum lot dimensional requirements are provided and maintained in connection with such building, structure or enlargement.
Lot Area in Square Feet | Lot Width in Feet | Minimum Yard Requirement in Feet | |||
|---|---|---|---|---|---|
Front | Side | Rear | |||
Single-Family Dwelling | 43,560 | 150 | 30 | 20 | 35 |
All Other Uses | 43,560 (1 acre) | 150 | 30 | 20 | 35 |
3.
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than twenty percent (20%) of the area of the lot.