In Residence Districts, no building or premises shall be used and no building shall be erected to be used, in whole or in part, for any industrial, manufacturing or commercial purpose or for other than one or more of the following specified purposes:

     (a)   Buildings used for residence purpose by not more than two families;

   (b)   Churches and other places of worship and Sunday school buildings;

   (c)   Public schools, parochial schools, colleges and public libraries; or

   (d)   Municipal buildings, Municipal recreation buildings, playgrounds and parks.

(Ord. 1953-21. Passed 5-13-53.)

   Accessory buildings customarily incidental to any use permitted herein are permitted, provided that the accessory use in the accessory building shall not include any activity commonly conducted for gain, or any private way or walk giving access to such activity. Permitted accessory buildings shall include the following:

   (a)   A private garage on the same lot of a single family dwelling with or in the building to which it is accessory and which is designed to contain not more than three motor vehicles, only one of which may be a commercial motor vehicle used primarily for gain and not exceeding two tons weight or capacity. A detached garage shall be limited to one story (15 feet) in height and shall not be closer than ten feet to any principal building upon the lot or the principal building of any adjoining lot. The accessory uses and building listed herewith are permitted on the same lot and at such time as the legal main building has been constructed, or is under construction, provided the following conditions are met:

      (1)   No more than two separate buildings, including detached garages and utility buildings, shall be permitted as accessory uses per lot in addition to the dwelling unit;

      (2)   If a dwelling has an attached garage, no more than one additional accessory building shall be permitted per lot; and

      (3)   All garages, utility and other accessory buildings must be at least three feet from the rear lot line, and three feet from the side lot line and not be within 20 feet of any street line or in front yards.

   (b)   Single Family Dwelling Private Garages. Where permitted, garages must be built subject to the following:

      (1)   Height. The height of garages shall not exceed 15 feet.

      (2)   Size. One-car garages shall not exceed 16 feet x 24 feet; two-car garages shall not exceed 24 feet x 24 feet; three-car garages shall not exceed 35 feet x 24 feet.

   (c)   Multiple Family Dwelling Private Garages. If the principal building(s) on any lot contain or total collectively two or more family dwelling units, then the permitted private garages shall be two per family dwelling unit. A detached private garage structure shall be permitted for each principal building on the lot.

      (1)   Size. Four-car garages shall not exceed 48 feet x 24 feet.

      (2)   Height. The height of garages shall not exceed 15 feet.

      (3)   For garage structures containing garages for five or more cars, the maximum garage space shall be 12 feet 6 inches x 26 feet.

      (4)   For the purpose of this section, a multi-family dwelling unit may contain less than 960 square feet only if it was constructed before the enactment of this section.

   (d)   Utility Buildings. Where permitted, only utility building may be built in the rear yard pursuant to the following limitations:

      (1)   Height of the utility building shall not exceed 12 feet.

      (2)   No wall shall exceed either 12 feet in length or seven feet in height. For purposes of this section, wall height shall be measured from the floor to the top plate, below any rafter.

      (3)   Total square footage of the utility building shall not exceed 120 square feet (e.g., 10 feet x 12 feet or less) for lots up to 20,000 square feet and shall not exceed 144 square feet for lots in excess of 20,000 square feet (e.g., 12 feet x 12 feet or less)

      (4)   A suitable base and floor material shall be proposed by the owner subject to the approval of the Building Commissioner.

      (5)   Utility buildings shall be used only for the storage of materials and equipment incidental to the residential use of the property and shall not be used for the storage of automobiles.

      (6)   The materials and design of the utility building shall be compatible with the main structure and subject to the approval of the Building Commissioner.

(Ord. 2004-102. Passed 10-13-04.)

   No lot shall contain any building used as a residence unless such lot abuts for at least twenty feet on at least one street, or unless such lot has an exclusive unobstructed easement of access or right of way at least twenty feet wide to the street. There shall be not more than one house for each such frontage or easement.

(Ord. 1953-21. Passed 5-13-53.)

   (a)   Except as otherwise provided in this Zoning Code, no building in the rear of a principal building on the same lot shall be used for residence purposes, unless the rear building shall conform to the open space requirements of this Zoning Code for a principal building and shall have for each such building an exclusive unobstructed easement of access at least twenty feet wide unoccupied to a street in addition to any other open space requirements of this Zoning Code. Such buildings shall not be within fifty feet of any principal building on the lot.

   (b)   Residence in an accessory building is prohibited.

   (c)   Accessory buildings may be erected on the lot previous to the principal building, but, in such case, they shall be so placed as not to prevent the eventual conforming location of the principal building.

(Ord. 1953-21. Passed 5-13-53.)

   (a)   In a Residence District, no part of any building shall extend within forty-five feet of the street lot line of any street on which the lot abuts, except that the unenclosed parts of the building may extend to within thirty-five feet of the street lot line of each street, and except that on one side of a corner lot any part of the building may extend to within ten feet of the street lot line and except, further, that when buildings front on Willowbrook Drive in the Seneca Hills Subdivision, no enclosed part of any building shall extend within thirty feet of the street lot line on Sublots 11 to 19, inclusive; thirty-five feet on Sublots 8 to 10, inclusive, and 20 to 29, inclusive; thirty-seven and one-half feet on Sublot 30; forty feet on Sublot 31; forty-two and one-half feet on Sublot 32 and forty-five feet on Sublots 33 to 40, inclusive, and no unenclosed part of any building shall extend within twenty-five feet of the street lot line.

   (b)   If on one side of a street within a given block there is a pronounced uniformity in the alignment of existing buildings and in the depths of the front yards in any Residence District, and the depth is uniformly greater than the depths specified in this Zoning Code, a front yard shall be required which shall conform substantially to those provided on the aforementioned adjacent lots.

   (c)   If the established alignment of existing buildings within 100 feet on each side and within the same or a more restricted district and in the same block is less than the setbacks prescribed in this Zoning Code, any structure may extend as near the street lot line as the average of such general established alignment, but not nearer than ten feet to the street lot line in any case in any Residence District.

   (d)   Where a corner lot adjoins a lot in any Residence District, no part of any building within twenty-five feet of the common lot line shall project in front of the setback building line prescribed in this Zoning Code for the side street which the common lot line intersects, provided, however, that no such principal building or part thereof shall be required to set back from the side street lot line a greater distance than ten feet.

   (e)   In any Residence District, no fence, structure or planting over three feet high above the average natural grade shall be maintained within twenty feet of any corner street lot line intersection.

(Ord. 1962-36. Passed 5-23-62.)

   (a)   No lot shall be so reduced in area after the enactment of this Zoning Code (Ordinance 1953-21, passed May 13, 1953) as to make the minimum width of any side yard space less than that prescribed in this Zoning Code for a lot fifty feet wide, except that where, at the time of the enactment of this Zoning Code, three-quarters of the lots on both sides of the street within a block front are less than fifty feet wide, an existing plot or unimproved portion of a plot within the block may be deemed to have been divided at the time of the enactment of this Zoning Code into lots of substantially the average width of the aforesaid neighboring lots.

   (b)   A side yard space is required along each side lot line of each lot, and the least width of any side yard space and the sum of the widths of both side yard spaces shall be as follows:

 

   (c)   For each foot that a lot in a Residence District is less than fifty feet wide at the time of the enactment of this Zoning Code, one and one-quarter inches shall be deducted from the required least width of any side yard space and two and one-half inches from the sum of the widths of both side yard spaces, provided that no side yard space shall be narrower than three feet in any case.

   (d)   The side yard provisions specified in this Zoning Code shall not apply to a retaining wall or to fences or walls not over five feet high.

(Ord. 1953-21. Passed 5-13-53.)

   No lot shall be so reduced in area after the enactment of this Zoning Code (Ordinance 1953-21, passed May 13, 1953) as to make the rear yard less in depth than that prescribed in this Zoning Code for a lot fifty feet in width and 120 feet deep.

(Ord. 1953-21. Passed 5-13-53.)

   (a)   In a Residence District, for each dwelling erected, the lot shall have a minimum width of sixty feet at the building line and a minimum depth of 130 feet from the street line.

   (b)   The foregoing requirements shall not apply to a lot which was separately owned or to a numbered lot in a subdivision which was duly recorded prior to the effective date of this section.

(Ord. 1968-21. Passed 5-8-68.)

   No building in a Residence District shall exceed three stories in height.

(Ord. 1953-21. Passed 5-13-53.)

   No person shall use or permit to be used any part of a residentially zoned lot or parcel of land for the purposes of a roadway or other means of ingress to or egress from any other lot or parcel of land by any industrial or commercial vehicle. In cases of hardship created by this section, the Planning Commission may, with the formal approval of Council, upon written application and after a public hearing, grant a variance of the restrictions of this section conditioned upon the kind of roadway to be established and any bond considered necessary to enforce such conditions.

(Ord. 1964-27. Passed 5-13-64.)

   Each single-family dwelling, duplex double house or two-family dwelling shall have on its premises a private garage sufficient in capacity for the storage at one time of at least one passenger vehicle for each dwelling unit on the premises. Front yards, exclusive of driveways, shall not be used for parking.

(Ord. 1984-10. Passed 3-28-84.)

   Accessory uses customarily incident to any use permitted herein are permitted, provided that the accessory uses shall not include any activity commonly conducted for gain; permitted accessory uses shall include the following:

   (a)   The office or studio of a physician or surgeon, dentist, artist, musician, teacher or other member of a recognized profession in his or her place of abode.

   (b)   Customary home occupations, such as the incidental keeping of nontransient borders or roomers, dressmaking, millinery, hairdressing, preserving and home cooking, provide that such occupations shall be conducted solely by resident occupants in their own living quarters and provided, further, that not more than the equivalent of one-quarter of the area of one floor shall be used for such purposes.

(Ord. 2004-102. Passed 10-13-04.)