(a)

Travel trailer or motor home parks. In any district where travel trailer or motor home parks are permitted, the applicant shall submit a layout of the park subject to the following conditions:

(1)

No travel trailer or motor home parks shall be located except with direct access to a county, state or federal highway, with a minimum lot width of not less than 50 feet for portion used for entrance and exit. No entrance or exit shall be through a residential district, or shall require movement of traffic from the park through a residential district.

(2)

The minimum lot area per park shall be three acres.

(3)

Spaces in travel trailer or motor home parks may be used by travel trailers or motor homes provided they meet any additional laws and ordinances of the council and shall be rented by the day or week only, and an occupant of such space shall remain in the same trailer or motor home park for a period of not more than 30 days.

(4)

Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a trailer or motor home park are permitted as accessory uses in any district in which trailer or motor home parks are allowed provided:

a.

Such establishments and the parking area primarily related to their operations shall not occupy more than ten percent of the area of the park.

b.

Such establishments shall be restricted in their use to occupants of the park.

c.

Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

(5)

No space shall be so located that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any freeway, expressway, or collector street, or of any minor street.

(6)

In addition to meeting the requirements of this subsection (a), the travel trailer or motor home park site plan shall be accompanied by a certificate of approval of the county health department.

(b)

Mobile home parks. In any district where mobile home parks are permitted, the applicant shall submit a layout of the park subject to the following conditions:

(1)

The minimum lot area per park shall be five acres; and the minimum lot width for portion used for entrance and exit shall be 50 feet; and the minimum lot width for portion containing mobile home spaces, or stands, shall be 40 feet.

(2)

The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be five spaces; and the minimum area for each mobile home space or stand shall be 3,500 square feet.

(3)

No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more, and no mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of any additional laws and ordinances of the council.

(4)

Convenience establishments of a commercial nature, including stores, laundry and dry cleaning establishments and pickup laundry and dry cleaning agencies, and beauty shops and barbershops may be permitted in mobile home parks provided that such establishments and the parking areas primarily related to their operations shall:

a.

Not occupy more than ten percent of the area of the park;

b.

Be subordinate to the residential use and character of the park;

c.

Be located, designed and intended to serve frequent trade or service needs of persons residing in the park;

(5)

In addition to meeting the requirements in this subsection (b), the mobile home park site plan shall be accompanied by a certificate of approval from the county health department.

(c)

Single mobile homes. Single mobile homes are permitted only by a variance of the board of zoning appeals for a period of six months usage, and they shall be subject to the following conditions:

(1)

The lot area and dimensions must meet the requirements of a single-family dwelling unit within the district in which the mobile home unit is to be located.

(2)

In no case shall the unit be located within 30 feet of any permanent type of building.

(3)

The mobile home unit shall be oriented with its long axis parallel to the street on which the lot fronts.

(4)

The mobile home unit must be supported under all exterior walls by a permanent foundation, completely enclosing the undercarriage, and must be connected to water and sewerage in compliance with the applicable ordinance of the council.

(d)

Temporary usage. A single mobile unit, travel trailer, or motor home, may be used for an office in a subdivision by the developer, temporary residence during construction of permanent residency on same lot or for other special purposes, for a period not to exceed six months upon written approval from the building inspector.

(Code 1992, app. A, § 91; Ord. No. 2003-6, 4-1-2003)

Within the districts permitting townhouses, the following requirements shall apply:

(1)

No more than ten or fewer than three continuous townhouses shall be built in a row with approximately the same front line.

(2)

No side yard is required except that on corner and interior lots the end of the building in any townhouse grouping shall conform to the side yard requirements of that district.

(3)

Not more than 50 percent of the lot area shall be occupied by buildings.

(4)

Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in the interior of blocks; and no off-street parking space shall be more than 100 feet by the most direct pedestrian route, from a door of the dwelling unit it intends to serve.

(5)

All townhouse complexes shall be required to tie into the public sanitary sewer system. No other means of waste disposal shall be permitted upon completion of a city waste disposal system.

(6)

All other requirements within the district in which the townhouses are located shall prevail.

(Code 1992, app. A, § 92)

(a)

Accessory buildings. The location of accessory buildings and uses in residential districts must meet the following requirements:

(1)

Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore such requirements applicable to the main building.

(2)

A detached accessory building shall not be closer than 20 feet to the main building, nor closer than five feet to the lot line.

(3)

A detached accessory building, not more than two stories in height, may be constructed on not more than 30 percent of the rear yard.

(4)

No detached accessory building may be located on the front yard of a lot.

(b)

Temporary buildings. Temporary buildings used in conjunction with construction work only may be permitted in any district and shall be removed immediately upon completion of construction.

(Code 1992, app. A, § 93)

Fallout shelters are permissible as principal or accessory uses and structures in any district, subject to the following conditions:

(1)

If any portion of the structure extends above the ground, that portion above the ground must comply with the yard and lot coverage regulations of the district in which it is located, and the site plan for such shelter must be approved by the building inspector.

(2)

If the structure is completely underground, it need not comply with yard requirements or percentage of lot coverage requirements.

(3)

A fallout shelter, underground or aboveground, shall be confined to a side or rear yard and shall not be located in the front yard between the main building and the street on which it fronts.

(4)

Fallout shelters may contain or be contained in other structures or may be constructed separately.

(5)

Fallout shelters may be used for any permissible use in the district where situated.

(Code 1992, app. A, § 94)

(a)

Special requirements. Home occupations, where permitted, must meet the following special requirements prior to issuance of a building permit for zoning compliance:

(1)

The applicant must be the owner of the property on which the home occupation is to be located, or must have written approval of the owner of the property if the applicant is a tenant.

(2)

The home occupation shall be operated only by the members of the family residing on the premises and no article or service shall be sold or offered for sale except as may be produced by members of the immediate family residing on the premises.

(3)

The home occupation shall be restricted to the main building only and shall not occupy more than 25 percent of the floor area with said building.

(4)

The home occupation shall not generate excessive traffic or produce obnoxious odors, glare, noise, vibration, electrical disturbance, or radioactivity or other conditions detrimental to the character of the surrounding area.

(5)

The building in which the home occupation is to be located must be an existing structure ready for occupancy and not a proposed structure.

(6)

Any business sign placed on the premises shall not be larger than two square feet in sign area.

(b)

Expiration. A permit for home occupations shall expire under the following conditions:

(1)

Whenever the applicant ceases to occupy the premises for which the home occupation was issued, and no subsequent occupant of such premises shall engage in any home occupation until he shall have been issued a new permit after proper application.

(2)

Whenever the holder of such a permit fails to exercise the same for any period of six consecutive months.

(Code 1992, app. A, § 95)

Within the districts permitting automobile service stations, the following requirements shall apply:

(1)

Location. The property on which an automobile service station is located shall not be within 100 feet of any residential district, or any property containing a school, public playground, church, hospital, public library, institution for children or dependents.

(2)

Site requirements. An automobile service station shall have a minimum frontage on the primary street of 120 feet and a minimum area of 12,000 square feet. All buildings shall be set back 40 feet from all street right-of-way lines and all canopies shall be setback 15 feet from all street right-of-way lines.

(3)

Access to site. Vehicular entrances or exits at an automobile service station:

a.

Shall not be provided with more than two curb cuts for the first 120 feet of street frontage or fraction thereof.

b.

Shall contain an access width along the curbline of the street of not more than 40 feet as measured parallel to the street at its narrowest point and shall not be located closer than 20 feet to a street intersection or closer than ten feet to the adjoining property.

c.

Shall not have any two driveways, or curb cuts, any closer than 20 feet at both the right-of-way line and the curb or edge of the pavement along a single street.

(4)

Gasoline pump islands. All gasoline pump islands shall be setback at least 15 feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from such line; and where pump islands are constructed perpendicular to the right-of-way line, the pump island shall be located not less than 30 feet back of the right-of-way line; however, the pumps shall be at least 60 feet from the centerline of an arterial street, 55 feet from the centerline of a collector street and 45 feet from the centerline of other streets.

(5)

Off-street parking. A minimum of two off-street parking spaces are required with an additional off-street parking space for each lubrication and wash bay.

(6)

Other site improvements. In addition to the requirements of this section, the following additional site improvements shall be adhered to:

a.

A raised curb of at least six inches in height shall be erected along the street property lines, except for driveway openings.

b.

A solid fence or wall six feet in height shall be erected along all adjacent property lines facing any adjacent residential lot.

c.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

d.

Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

e.

All drives, parking storage, and service areas shall be paved and curbed and a good stand of grass shall be maintained on the remainder of the lot.

(Code 1992, app. A, § 96)

Within the districts permitting cemeteries, the following requirements shall apply:

(1)

The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition such site shall have direct access to a thoroughfare.

(2)

Any new cemetery shall be located on a site containing not less than 20 acres.

(3)

All structures shall be set back no less than 25 feet from any property line or street right-of-way line.

(4)

All graves or burial lots shall be set back not less than 25 feet from any property line or minor street right-of-way lines, and not less than 50 feet from any collector, arterial, expressway, or freeway right-of-way line.

(5)

The entire cemetery property shall be landscaped and maintained.

(Code 1992, app. A, § 98)

Within developments where open or common space is required or where such space is provided by the developer, the following conditions shall apply:

(1)

Location of open space. Open space shall be located evenly throughout the development so that all residents of the development have easy access to such areas.

(2)

Open space defined. At least 50 percent of all required common open space shall be approximately level, defined as having not more than five percent grade. The common open space shall be land within the total development site used for recreational, park or environmental purposes for enjoyment by occupants of the development and their guests or dedicated to the city for the purposes of a public park. Common open space shall not include public or private streets, driveways, private yards or patios, parking areas, or utility easements where the ground surface cannot be used appropriately for active or passive recreation, nor other areas primarily designed for other operational functions.

(3)

Management agreement for control and maintenance of common areas. No lot or dwelling unit in a development containing open space shall be sold until a corporation, association, property owner's group or similar entity has been formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development or in the tract which is part of the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development or tract portion thereof. Such entity shall operate under recorded conditions, covenants and restrictions which may include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. The developer shall submit evidence of compliance with the requirement to the commission. This condition shall not apply to land dedicated to the city for public purposes.

(Code 1992, app. A, § 99)

Fowl may be allowed in residential areas of the City of Centerville subject to the requirements and conditions of this article.

(1)

Definitions. The following terms, when used in the Centerville Code of Ordinance as applied to the keeping of fowl within the City of Centerville, shall have the meaning set forth below:

a.

Chicken means a domestic chicken of the subspecies Gallus gallus domesticus.

b.

Keep means either owning, keeping, possessing or harboring of a chicken.

c.

Rooster means a male chicken of any age, including a capon or otherwise neutered male chicken.

d.

Coop means a new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements and conditions of this section.

e.

Chicken run means a fenced cage attached to a coop which shall not to exceed 100 square feet in area or one percent of the rear yard area, whichever is greater.

f.

Rear yard area means that area extending across the full width of a lot between the rear property line and the rear line of the residence, excluding any existing corner side yard(s).

(2)

Number, type and location of chickens.

a.

Any person may keep up to five female chickens on any residential zoning lot in the city which contains one single-family residential dwelling unit. No person shall otherwise keep any chicken within the City of Centerville.

b.

No roosters shall be allowed to be kept under this section.

c.

Chickens may only be kept in a coop and chicken run located in the rear yard area as defined in this section. The chicken coop and chicken run shall not be located in the front interior side or corner side yard of the residential zoning lot

(3)

Slaughtering of chickens. No person shall slaughter any chicken within the City of Centerville.

(4)

Applicability. Fowl may be kept on all city lots within the City of Centerville subject that meet the requirements of and otherwise comply with all provisions of this section. However, owners of single-family residential parcels of four acres or more in size in a single parcel shall be exempt from the application process and restrictive provisions of this section. Nothing in this provision shall create an exemption from other sections of the Centerville Code of Ordinances, including but not limited to, nuisances and the humane treatment or slaughtering of animals.

(4)

Construction and maintenance of coop and run.

a.

A coop shall be constructed from conventional building materials in a workmanlike manner or be a pre-manufactured enclosed structure designed specifically for the keeping of urban chickens. Such coop must be secure and impermeable to rodents, wild birds and predators, including dogs and cats and must be constructed or modified in a manner to provide a humane environment for the chickens, including adequate ventilation, adequate sun and protection from adverse weather. A newly built or installed coop shall provide not less than two square feet per chicken but shall not exceed 25 square feet in size.

b.

A coop shall have a chicken run attached and contiguous to the coop with the run constructed in a manner to confine the chickens and in compliance with the provisions of this section. A chicken run shall provide not less than five square feet per chicken but shall not exceed 100 square feet in area or one percent of the rear yard area, whichever is greater.

c.

Chicken coops and chicken runs must be kept clean, dry, odor free and in a sanitary condition at all times. The condition of chicken coops and chicken runs shall be maintained in such a manner that does not disturb the use or enjoyment of adjoining property due to noise, odor or any other adverse impact.

(5)

Confinement of chickens. Chickens must be kept in a coop or run at all times. Between sunrise and sunset chickens may be allowed outside of the coop within the run. Chickens must be secured within the coop between sunset and sunrise.

(6)

Location of coop and run. A coop must be located no closer than ten feet to the rear wall of the residential dwelling united located on the zoning lot. No portion of the coop or run shall be located within ten feet of any lot line of the zoning lot upon which the coop and run are located. No portion of the coop or run shall be located within 20 feet of any principal structure located upon any adjacent property.

(7)

Annual residential chicken permit required. No person shall keep any chickens, nor construct any coop or run, as defined by this section without first obtaining an annual residential chicken permit hereunder.

a.

Fee. An application fee of $50.00 shall be paid to the city at the time the application is filed.

b.

Application. The application for the initial annual residential chicken permit shall be made on forms required by the city clerk's office and must contain an accurately scaled drawing showing the location of the proposed coop and run, distances to lot lines and distances to the nearest adjoining principal structure, together with dimensions of the coop and run. Once the coop and run has been constructed, the building official shall inspect the coop and run to verify compliance with this section and with the drawings submitted with the initial application. The applicant shall furnish the building officials pictures of the completed coop and run. The building official must issue a final, written approval of the completed coop and run submit pictures of the same to the city clerk's office before chickens are allowed on the applicant's property. Chicken runs shall be exempt from any provisions of the Centerville Code of Ordinances related to fencing. However, all chicken runs shall be constructed of wire normally used for the containment of chickens.

c.

Property ownership. If the applicant is not the owner of the parcel, the property owner must sign the application certifying approval for the use of the premises for this purpose. The property owner's signature must be notarized.

d.

Application approved annually. Approval of applications under this section shall be for one calendar year (January 1st through December 31st). Renewal application must be submitted prior to January 31st of each subsequent calendar year. Applications that show no changes from the initial approval and have no history of violations of this section shall be approved for the new calendar year. Any changes to the chicken coop and run shall be shown on the renewal application and shall be subject to inspection prior to approval of the renewal application. Any convictions of a violation of this section may result in revocation of a current approved application or non-renewal of a subsequent application. The annual renewal fee shall be $50.00.

(8)

Miscellaneous.

a.

All food supplies maintained for the coop shall be kept in a secure and rodent-proof container.

b.

Should any person feed chickens kept under this section with food meant for human consumption or scraps of such food, it shall only be fed within the coop and shall be prohibited within the chicken run.

c.

All waste generated by the operation of the coop and chicken run, including but not limited to, chicken carcasses, manure, droppings and spoiled feed, shall be disposed of pursuant to the requirements of this Code of Ordinances related to solid waste disposal.

d.

A building or code enforcement official, animal control officer or law enforcement officer may enter the rear yard of a residential zoning lot at any reasonable time to determine if a property is in compliance with the provisions of this section.

(9)

Penalty.

a.

The penalty for any violation of this section shall be as provided in subsection 16-20(c) of the Centerville Code of Ordinances.

b.

Any person convicted of any violation hereunder on more than two occasions relating to incidents occurring within a 365-day time period shall be ineligible to receive a renewal permit for a period of one year after the date of the last such conviction. In addition, no person may apply for a permit hereunder on the zoning lot subject to such prior permit during said period of renewal ineligibility. In the event of ineligibility, the person convicted shall immediately surrender all chickens on the zoning lot to the City of Centerville for re-homing.

(Ord. No. 2014-2, 8-5-2014; Ord. No. 2014-9, 11-18-2014)