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Chillicothe City Zoning Code

ARTICLE IV

RESIDENTIAL DISTRICTS

Sec. 106-161.- Uses permitted in all districts; minimum floor area for residences.

(a)

The following uses are permitted in all residential zones, subject to the following conditions:

(1)

Boarders and roomers. The taking of boarders or leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two in any one-family or two-family dwelling, or one per dwelling unit in any multiple dwelling.

(2)

Cemeteries, provided the location thereof is approved by resolution of the city council after a public hearing held and recommendation made by the plan commission.

(3)

Child care home. Adequate off-street parking space must be provided for dropoff and pickup of children.

(4)

Churches or similar places of worship, parish houses, and convents, where the principal building is located at least 50 feet from any other lot in any residence district.

(5)

Home occupations.

(6)

Mausoleums, provided the location thereof is approved by resolution of the city council after a public hearing held and recommendation made by the plan commission.

(7)

Municipal, state or federal administrative or service buildings where the principal building is located at least 50 feet from any other lot in any residence district.

(8)

Nurseries, truck gardening and raising of farm crops, but not the raising of poultry, pets or livestock; and provided further that no building shall be erected or maintained on the property which is used for the purpose of selling the products grown or raised.

(9)

Planned development, under single ownership or control, in which incidental business and recreational facilities for the convenience of the occupants may be furnished, provided that the property shall have a gross area of at least 30 acres and provided that permitted business uses shall be limited to those uses allowed in C-1 districts and that they shall not occupy more than ten percent of the gross land area of the development. For such developments, the board of zoning appeals may, after a public hearing, vary the bulk regulations of this chapter if such variations are consistent with the general purpose and intent of this chapter and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the surrounding neighborhood. The location and other details of the planned development must be approved by resolution of the city council after a public hearing held and recommendation made by the plan commission.

(10)

Public libraries, public museums, and public art galleries, where the principal building is located at least 50 feet from any other lot in any residence district.

(11)

Public parks, playgrounds, and community centers, provided that any buildings shall be located at least 50 feet from any other lot in any residence district.

(12)

Public, parochial, and private schools, and child care centers, where the principal building is located at least 50 feet from any other lot in any residence district.

(13)

Railroad rights-of-way (existing), provided that there is no switching or storage and no freight yards or sidings.

(14)

Signs, as follows:

a.

One unlighted or unilluminated sign advertising the sale or rent of the land or buildings upon which it is located. Such sign shall not exceed ten square feet in area, and shall be distant from the street line not less than one-half of the front yard depth.

b.

One sign or bulletin board not exceeding 12 square feet in area in connection with churches or public buildings.

c.

For a nonconforming business use, exterior signs aggregating not more than 12 feet in area on any lot.

(15)

Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. An accessory building shall not be constructed before the principal building. Accessory buildings shall be located on the same lot with the principal building and not nearer than three feet to any wall thereof. No part of any accessory building may be used for residence purposes, except that domestic employees of the owner, lessee, or occupants of the principal building, and the family of such employee, may have quarters in such accessory building. No accessory building shall exceed 15 feet in height. No required front yard shall be used for the open-air parking or storage of motor vehicles.

(b)

Any building used as a residence shall contain on the ground floor at least 700 square feet of livable floorspace in an R-1 district and 600 square feet in an R-2 district.

(Code 1996, § 11-4-1; Ord. No. 00-10-25, § 1(11-4-1(8)), 10-23-2000; Ord. No. 23-06-08, § 2, 6-12-2023; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)

Sec. 106-162. - R-1 one-family residential district.

The following regulations shall apply in all R-1 districts:

(1)

Uses permitted; use restrictions.

a.

Single-family dwellings are permitted.

b.

The total square-foot area of the garage may not exceed the ground floor area of the dwelling. The eave height of the garage may not exceed the average eave height of the dwelling.

c.

The combined total square footage of the dwelling, garages and accessory buildings may not exceed 50 percent of the square footage for the lot.

(2)

Floor area ratio. The floor area ratio on a lot shall not exceed 0.5.

(3)

Required lot area. Each dwelling shall be located on a lot having an area of not less than 7,500 square feet and a lot width of not less than 60 feet.

(4)

Yards. Yards of the following minimum depths shall be provided:

a.

Front yard. The front yard shall be not less than 25 feet unless the dwelling unit is constructed in an established area on one side of the street between two intersecting streets which is improved with buildings that have observed a front yard depth of less than 25 feet. In such established districts, the front yard depth may be the same as, but not less than, the building immediately adjacent to either side of the proposed building structure. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the lot, except that the building width of such lot shall not be reduced to less than 32 feet. No accessory building shall project beyond the front yard line on either street.

b.

Side yards. Each side yard shall be not less than five feet wide, and the sum of the two side yards shall not be less than 12 feet.

c.

Rear yard. The rear yard shall be not less than 20 feet, but in no event less than 20 percent of the depth of the lot.

(5)

Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.

(6)

Special uses.

a.

Nonprofit community service agency. A nonprofit community service agency may locate facilities on a lot having an area of not less than 10,000 square feet, provided that any structure constructed or placed thereon may not be more than two stories above the ground. In addition, there must be a minimum of a 20-foot border on any side adjacent to R-1 property. Parking shall not be allowed within the 20-foot border. Facilities so constructed within this special use shall be exempt from subsection (4) of this section (pertaining to required yards) and subsection (2) of this section (pertaining to floor area ratio).

b.

Ground-mounted solar energy systems. Ground-mounted solar energy systems, solely as provided in section 106-293.

c.

Short-term rental. Short-term rental properties solely as provided in section 106-295.

(7)

Second dwelling. A second dwelling may be constructed on a lot in the R-1 district under the following conditions:

a.

Only one dwelling on the lot may be occupied;

b.

The property owner must deliver to the city (i) a copy of a construction contract for the second dwelling and (ii) evidencing of financing and/or financial capacity sufficient to complete construction of the second dwelling as described in the construction contract;

c.

The property owner must provide (i) an estimate of the cost of removal of the original dwelling and (ii) surety (as described in section 82-86 of the City Code) in the amount of 150 percent of such estimated removal cost; and

d.

The property owner must provide evidence of appropriate insurance coverage;

e.

Construction of the second dwelling must be completed within one year after the date of issuance of a building permit for the second dwelling; and

f.

The original home must be removed from the lot within 14 months after issuance of the building permit for the second dwelling.

(Code 1996, § 11-4-2; Ord. No. 11-05-07, § 1, 5-23-2011; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023; Ord. No. 24-06-13, § 3, 6-10-2024)

Sec. 106-163. - R-2 two-family residential district.

The following regulations shall apply in all R-2 districts:

(1)

Uses permitted.

a.

Any use permitted in an R-1 district.

b.

Two-family dwellings.

(2)

Floor area ratio. The floor area ratio on a lot shall not exceed 0.7.

(3)

Lot area and width.

a.

Single-family dwellings. Each single-family dwelling shall be located on a lot having an area of not less than 6,000 square feet. Lot width shall not be less than 50 feet.

b.

Two-family dwellings. Each two-family dwelling shall be located on a lot having an area of not less than 6,000 square feet per family. Lot width shall not be less than 50 feet.

(4)

Yards. Yards of the following minimum depths shall be provided:

a.

Front yard. Same as those required in R-1 districts.

b.

Side yards. Same as those required in R-1 districts.

c.

Rear yard. Same as those required in R-1 districts.

(5)

Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.

(6)

Density. Two-family dwellings shall not be developed on any property in excess of any density requirements set forth in an ordinance of the city rezoning such property.

(7)

Special uses. Ground-mounted solar energy systems, solely as provided in section 106-293.

(Code 1996, § 11-4-3; Ord. No. 98-10-15, §§ 1—3, 10-8-1998; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)

Sec. 106-164. - R-3 multiple-family residential district.

The following regulations shall apply in all R-3 districts:

(1)

Uses permitted.

a.

Any use permitted in an R-2 district.

b.

Clubs and lodges, except such clubs or lodges the chief activity of which is a service customarily carried on as a business or primarily for gain. In conjunction with such club or lodge, a dining room may be operated, provided it is incidental to the activities of the club or lodge and is conducted only for the benefit of the members thereof, and further provided no sign is displayed advertising such activity.

c.

Dormitories.

d.

Hospitals, sanitariums, alcohol and drug abuse treatment centers, rest homes, philanthropic and eleemosynary institutions and similar uses. No such use, however, shall be established or permitted on a parcel of land less than one acre in area, nor shall any part or portion of the principal building thereon be permitted within 50 feet of any street or lot line.

e.

Multiple-family dwellings.

f.

Professional offices and medical clinics.

g.

Roominghouses and boardinghouses where lodging is provided for compensation to three or more but not more than 20 persons.

h.

Signs pertaining to any permitted use of a building, placed thereon; provided that such signs shall be in the form of a nameplate or announcement sign, and provided further that the total area of all such signs may not exceed 12 square feet.

i.

Tourist homes.

(2)

Floor area ratio. The floor area ratio on a lot shall not exceed 1.2.

(3)

Lot area and width. Each single-family dwelling shall be erected on a lot having an area of not less than 6,000 square feet per family. A two-family dwelling shall be erected on a lot having an area of not less than 3,000 square feet per family. In case of multiple dwellings, not less than 2,500 square feet per dwelling unit is required. All dwellings shall be located on a lot having a lot width of not less than 50 feet.

(4)

Yards. Yards of the following minimum depths shall be provided:

a.

Front yard. Same as those required in R-1 districts.

b.

Side yards. Same as those required in R-1 districts.

c.

Rear yard. Same as those required in R-1 districts.

(5)

Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.

(6)

Special uses. Ground-mounted solar energy systems, solely as provided in section 106-293.

(Code 1996, § 11-4-4; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)

Sec. 106-165. - R-4 mobile home, trailer court district.

The following regulations shall apply in all R-4 districts:

(1)

Uses permitted.

a.

Trailer courts (mobile home parks), provided that the water and sanitary facilities furnished conform to the requirements of the state health department.

(2)

Floor area ratio. The floor area ratio shall not exceed 0.3.

(3)

Lot area and width.

a.

Lot area per dwelling. There shall be provided a minimum of 1,250 square feet of lot area for each trailer.

b.

Lot width. There shall be provided a lot width of not less than 25 feet.

(4)

Yards.

a.

Front yard. There shall be provided a front yard of not less than 25 feet.

b.

Side yards. There shall be provided two side yards, each of which shall be at least eight feet in width, except that trailers shall be a minimum of 25 feet from a public street and ten feet from any property line.

c.

Rear yard. There shall be provided a rear yard of not less than ten feet in depth.

(5)

Signs. To identify the mobile homes, one sign, which may be illuminated, shall be allowed.

(6)

Mobile home sites; off-street parking; non-trailer uses.

a.

The total area of the mobile home park, including accessory uses, shall have not less than 3,000 square feet for each trailer coach. Gravel, crushed rock, or other improved-surface roadway shall be installed to furnish access to each mobile home site. Parking area off the public right-of-way shall be furnished at the rate of one parking space for each trailer unit.

b.

Regulations for non-trailer-coach uses shall be in accordance with the provisions of section 106-251.

(Code 1996, §§ 3-7-2A, 11-4-5; Ord. No. 24-09-22, § 13, 9-9-2024)

Cross reference— Manufactured homes and trailers, ch. 58.

Sec. 106-166. - RCH residential country home district.

The following regulations shall apply in all RCH districts:

(1)

Uses permitted.

a.

Single-family dwellings.

b.

All uses permitted in section 106-161.

c.

Barndominium.

(2)

Special uses. The following uses are permitted as special uses when authorized by the city council after a public hearing and recommendation by the plan commission:

a.

Bed and breakfast establishments, subject to the following requirements:

1.

Off-street parking equal to two spaces for the operator and one space per guestroom shall be provided.

2.

Guest parking shall not be in a setback and shall not be on the driveway that also serves the garage for the operator.

3.

Guest parking areas shall not be closer than five feet to the side or rear property line.

4.

Not more than one nonilluminated sign measuring four square feet per face may be displayed.

5.

Guests shall stay no more than 14 consecutive nights.

b.

Child care center.

c.

Dog kennels only as an incidental use to the principal use.

d.

Educational facilities: public, parochial, and private colleges, universities and K-12 boarding schools, and uses accessory and incidental thereto.

e.

Keeping of horses or ponies for personal use only. Boarding of horses for a fee or offering riding instruction is not allowed. (A minimum two-acre lot is required.)

f.

Landscape contractors, subject to the following requirements:

1.

Minimum lot size shall be two acres.

2.

There shall be no retail sales.

3.

The business shall be carried out on a site shared by the owner of the business.

g.

Utilities, to include substations, booster stations, telephone exchange stations, gas pressure control stations and water storage facilities.

h.

Ground-mounted solar energy systems, solely as provided in section 106-293.

(3)

Floor area ratio. The floor area ratio on a lot shall not exceed 0.5.

(4)

Required lot area. The required lot area shall be one acre minimum, except when keeping horses, in which case the minimum lot area shall be two acres.

(5)

Yards.

a.

Front yard. There shall be provided on every lot a front yard not less than 30 feet in depth.

b.

Side yard. There shall be provided on every lot side yards not less than the following:

1.

Adjacent to the main building: 25 feet.

2.

Adjacent to the accessory building: 15 feet.

c.

Rear yard. There shall be provided on every lot rear yards not less than the following:

1.

Adjacent to the main building: 25 feet.

2.

Adjacent to the accessory building: 15 feet.

(6)

Off-street parking. Adequate off-street parking in accordance with the provisions of article VIII, division 2 of this chapter shall be provided.

(Code 1996, § 11-4-6; Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023; Ord. No. 24-09-22, § 12, 9-9-2024)

Sec. 106-167. - Zero lot lines; two-family dwellings.

In R-2 and R-3 districts, property owners may divide the ownership of two-family dwellings, so that each unit may be owned separately, only in accordance with this section.

(1)

Yards required. Side yards for interior common boundaries of two-family dwellings may be zero. "Interior common boundary" shall mean the boundary between individual units of a two-family dwelling.

(2)

Sewer connections. Two-family dwellings must have separate sanitary sewer connections according to city code. The sewer service shall be separate to the property line for each dwelling unit. The sewer service may be combined in one sewer at the right-of-way line, with connections to be on public right-of way. All pipes shall be sized in accordance with IEPA regulations and cleanouts shall be installed at the right-of-way line. This section shall apply only to two-family dwellings constructed after January 1, 2001.

(3)

Applicability of code. Except as specifically modified in this section, all requirements of the applicable zoning district, and of the city code as a whole, shall apply to zero lot line developments.

(Ord. No. 00-06-14, § 1(11-4-7), 6-26-2000; Ord. No. 01-01-07, § 1, 1-22-2001)

Sec. 106-168. - Zero lot lines; multiple dwellings.

In the R-3 district, area and yard requirements may be waived, in whole or in part, for multiple dwellings when the developer intends to use the zero lot line concept to be able to sell individual units within the dwelling to the occupants. Such a waiver may be granted by the city council, after a notice and hearing before the plan commission in accordance with the procedures set forth in section 106-32 of this Code.

(Ord. No. 00-06-14, § 1(11-4-8), 6-26-2000)

Sec. 106-169. - Reserved.

Editor's note— Ord. No. 20-03-05, § 1, adopted March 9, 2020, repealed § 106-169, which pertained to residential fence regulations and derived from Ord. No. 03-02-02, § 1, adopted Feb. 11, 2003; Ord. No. 05-09-30, § 1, adopted Sept. 12, 2005; Ord. No. 08-03-02, § 1, adopted March 24, 2008; and Ord. No. 11-05-06, § 1, adopted May 23, 2011.