Dubois City Zoning Code
ARTICLE VIII
R-1 Residential District
§ 450-39 Uses and exceptions.
[Amended 1-10-2000 by Ord. No. 1609]
A building may be used, erected or altered and a lot or premises may be used for any of the following purposes and for no other, subject to off-street parking regulations as set forth in Article IV of this chapter.
A.
One-family or one-family detached dwelling.
C.
Public utility structures, including telephone, gas and electric, municipal structures and structures used for, or in conjunction with, municipal recreation programs, when authorized as a conditional use, provided the architecture is in harmony with the established trend for the district; and in residential districts, no public business facilities, storage of materials, trucks, or repair facilities or housing of repair crews will be permitted. See Article II of this chapter.
[Amended 11-20-2014 by Ord. No. 1798[2]]
[2]
Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.
D.
Operations involving the use of buildings and land for farming, gardening, nurseries, greenhouses, riding academies, livery or boarding stables, dog kennels, animal hospitals, stock raising, dairying and poultry are prohibited. Home gardening and the sale of products resulting from that home gardening shall be permitted.
E.
Signs, see Chapter 350, Signs and Billboards.
[Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II)]
F.
Public parks and playgrounds.
G.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses.
§ 450-40 Conditional uses.
The following uses and structures may be permitted as conditional uses when authorized by the Zoning Hearing Board to specified standards and criteria contained herein.
A.
Home occupations in single-family dwellings, subject to the following requirements:
(1)
The activity or occupation shall be conducted entirely within the dwelling by an owner/occupant of the dwelling.
(2)
The amount of floor area used for such occupation shall not exceed 25% of the total floor area of the dwelling.
(3)
No more than one nonresident shall be employed.
(4)
A sufficient number of off-street parking spaces shall be provided as deemed necessary by the Zoning Hearing Board and set forth in Article IV of this chapter as a guide. These parking spaces shall not be located within 10 feet of any side or rear lot line and shall be paved with a bituminous material.
(5)
Articles sold or offered for sale shall be limited to those that are necessary and incidental to the home occupation.
(6)
There shall be no exterior display or sign (except as permitted in the regulations of signs in Chapter 350, Signs and Billboards), no exterior storage of materials, and no other exterior indication of the home occupation.
[Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II)]
(7)
No potentially dangerous effluent from operations shall be discharged.
(8)
Such home occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations normally conducted within a dwelling unit.
B.
Multiple-family dwellings (defined as three or more units), provided that:
(1)
The lot area shall not be less than 5,000 square feet per family.
(2)
Side yards shall be 10 feet each.
(3)
All other criteria for the R-1 Residential District shall be met.
(4)
In granting a conditional use, the Zoning Hearing Board shall foster the "most appropriate use of the land." Such use shall be consistent with and compatible to the surrounding uses and be determined to be within the scope of the Comprehensive Plan.
C.
Family care facilities are allowed as a conditional use in all zoning districts listed in this chapter, upon fulfillment of the following specific requirements:
(1)
Family care facilities shall have a minimum lot size of 10,000 square feet.
(2)
A buffer area shall be provided along all adjacent property lines of no less than 10 feet.
(3)
Parking shall be required as follows: one off-street parking space for every employee plus one off-street space for every two residents.
(4)
Conversion of existing structures must meet the development standards required for new construction as propounded by the current edition of the Uniform Construction Code as adopted by ordinance of the City of DuBois.[2]
[Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II)]
(5)
Family care facilities must supply to the City and keep current the names of managers and other such persons responsible for responding to an inquiry of the City.
(6)
When required to be licensed by appropriate federal, state or county health/welfare agencies, family care facilities must supply to the City verification of current licensure.
(7)
If licensed or certified by a governmental agency or an agent of government, a current license/certificate from the appropriate agency or agencies is necessary for initial and continued approval. Suspension and revocation of the license or certificate shall automatically revoke the occupancy permit and the conditional use approval.
(8)
The facility must comply with any and all applicable building, fire, health and/or safety codes. Smoke detectors shall be installed in or in the immediate vicinity of each bedroom or sleeping area of the home and in the basement or cellar, if there is one. When activated, the detector shall provide an alarm suitable to warn all occupants. When more than one detector is required to be installed, the detectors shall be wired so that the activation of one alarm will activate all the alarms in the family care facility.
(9)
Signs for the family care facility shall comply with applicable provisions of Chapter 350, Signs and Billboards.
[Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II)]
(10)
Family care facilities must be located on streets having a minimum right-of-way width of 50 feet and a minimum cartway width of 24 feet where there is no on-street parking. Where there is on-street parking, the minimum cartway width shall be 36 feet.
(11)
Family care facilities shall not be located on a dead-end street unless such street shall be designed as a cul-de-sac with a paved turnaround having a minimum radius to the outer pavement edge or curbline of 40 feet.
(12)
Change of ownership or sponsorship or of any other condition contained in the original approval of the family care facilities shall constitute a new use, and the procedure for obtaining a conditional use approval of a new facility shall be executed.
(13)
Laundry service area must be provided.
(14)
The facility must provide common indoor and outdoor areas suitable for the needs of the residents.
(15)
The owner or sponsor of such facility shall file with the Zoning Officer, by June 1 of each year following the original approval, information indicating that the facility continues to satisfy the conditions of original approval. If the facility is shown to be operating in compliance with the terms of the original approval, then the Zoning Officer shall renew the certificate of occupancy for another year. If the information indicates that there is any change in operation, or any complaint has been lodged against the facility, the Zoning Officer shall forward the information to the Zoning Hearing Board, which shall decide the renewal of the approval and certificate of occupancy.
D.
Group care facilities are allowed as a conditional use in all of the zoning districts listed in this chapter upon fulfillment of the following specific requirements:
(1)
Group care facilities shall have a minimum lot size of 10,000 square feet.
(2)
A buffer area shall be provided along all adjacent property lines of no less than 10 feet.
(3)
Parking shall be required as follows: one off-street parking space for every employee plus one off-street space for every two residents.
(4)
Conversion of existing structures must meet the development standards required for new construction as propounded by the current edition of the Uniform Construction Code as adopted by ordinance of the City of DuBois.[3]
[Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II)]
(5)
Group care facilities must supply to the City and keep current the names of managers and other such persons responsible for responding to an inquiry of the City.
(6)
When required to be licensed by appropriate federal, state or county health/welfare agencies, group care facilities must supply to the City verification of current licensure.
(7)
If licensed or certified by a governmental agency or an agent of government, a current license/certificate from the appropriate agency or agencies is necessary for initial and continued approval. Suspension and revocation of the license or certificate shall automatically revoke the occupancy permit and the conditional use approval.
(8)
The facility must comply with any and all applicable building, fire, health and/or safety codes. Smoke detectors shall be installed in, or in the immediate vicinity of, each bedroom or sleeping area of the home and in the basement or cellar if there is one. When activated, the detector shall provide an alarm suitable to warn all occupants. Where more than one detector is required to be installed, the detectors shall be wired so that the activation of one alarm will activate all the alarms in the group care facility.
(9)
Signs for the group care facility shall comply with applicable provisions of Chapter 350, Signs and Billboards.
[Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II)]
(10)
Group care facilities must be located on streets having a minimum right-of-way width of 50 feet and a minimum cartway width of 24 feet where there is no on-street parking. Where there is on-street parking, the minimum cartway width shall be 36 feet.
(11)
Group care facilities shall not be located on a dead-end street unless such street shall be designed as a cul-de-sac with a paved turnaround having a minimum radius to the outer pavement edge or curbline of 40 feet.
(12)
Change of ownership or sponsorship or of any other condition contained in the original approval of the group care facility shall constitute a new use, and the procedure for obtaining a conditional use approval of a new facility shall be executed.
(13)
Laundry service area must be provided.
(14)
The facility must provide common indoor and outdoor areas suitable for the needs of the residents.
(15)
The owner or sponsor of such facility shall file with the Zoning Officer, by June 1 of each year following the original approval, information indicating that the facility continues to satisfy the conditions of original approval. If the facility is shown to be operating in compliance with the terms of the original approval, then the Zoning Officer shall renew the certificate of occupancy for another year. If the information indicates that there is any change in operation, or any complaint has been lodged against the facility, the Zoning Officer shall forward the information to the Zoning Hearing Board, which shall decide the renewal of the approval and certificate of occupancy.
(16)
At least one responsible nonclient adult shall be available on the premises for the residents on a twenty-four-hour-a-day basis while any of the residents are on the premises.
[1]
Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.
§ 450-41 Lot area.
A lot area of not less than 7,500 square feet shall be required.
§ 450-42 Lot coverage.
The area of a building shall not exceed an area equal to 30% of the lot area.
§ 450-43 Lot depth.
There shall be a front yard, the depth of which shall be at least 35 feet from the front line or 60 feet from the center line of the street or road, etc., whichever is greater. In the case of a corner lot, see Article II of this chapter.
§ 450-44 Lot width.
The lot shall have a width of at least 60 feet at the street line, and all corner lots shall be at least 20% wider than the interior lots of the same block.
§ 450-45 Side yards.
There shall be two side yards, one on each side of the property, neither of which shall be less than five feet.
§ 450-46 Rear yard.
No dwelling shall be constructed less than 20% of the lot depth from the rear property line; and no accessory or supplementary structure shall be constructed within 15 feet of the rear property line.
§ 450-47 Height regulations.
§ 450-48 Off-street parking.
See Article IV of this chapter.
§ 450-49 Signs.
[Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II)]
See Chapter 350, Signs and Billboards.
§ 450-51 Covenants.
When the deed to a lot or lots within a recorded plan, said plan having been recorded prior to May 1964, includes covenants running with the deed for a specified time period which permit limited commercial uses in addition to the permitted residential uses; and further provided that these lots are situate in a plan where most of the lots are restricted to residential uses, then said covenants shall be honored, provided that should no physical progress have been made toward installation of the commercial facility prior to the date of expiration of said covenants, then following said expiration date all such lot or lots shall only be used in conformance with the provisions of this chapter.