(a)   Residential districts and their regulations are established in order to achieve, among others, the following purposes:

      (1)   To regulate the bulk and location of building in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;

      (2)   To regulate the density and distribution of population in accordance with the objectives of the residential plan to avoid congestion and to maintain adequate services;

      (3)   To provide protection from noxious fumes, odors, dust, excessive noise, invasion of abnormal vehicular traffic and other objectionable influences; and,

      (4)   To protect the desirable characteristics of existing residential development, the promotion of stability, the most desirable and beneficial use of the land and bringing about the eventual conformity with the adopted or officially accepted plans of the City.

(Ord. 2010-059. Passed 3-7-11.)

   Buildings and land shall be used and buildings shall be designed, erected, and altered, moved, or maintained in a Single or Two Family Residence District only for the uses set forth in Schedule 1258.02.

   (a)   Uses Permitted By Right. A use listed in Schedule 1258.02 shall be permitted by right as a principal use in a district when denoted by the letter “P” provided that all requirements of other City ordinances and this Zoning Code have been met;

   (b)   Conditional Uses. A use listed in Schedule 1258.02 shall be permitted as a conditional use in a district when denoted by the letter “C”, provided the Planning Commission first makes the determination that the requirements of Chapter 1287 have been met according to the procedures set forth in Chapter 1241.

   (c)   Accessory Uses. A use listed in Schedule 1258.02 shall be permitted as an accessory use in a district when denoted by the letter “A” provided that the requirements of all other City ordinances and this Zoning Code have been met.

   (d)   Schedule 1258.02 Permitted Uses for Single and Two-Family Residence Districts.

 

 

 

   (a)   In addition to one (1) private, detached garage, a second accessory storage or utility building may be erected in a rear yard, and it shall not be larger than one hundred eighty (180) square feet. Excepting gazebos, an accessory building shall not exceed eleven (11) feet in height unless a greater height is authorized by the Board of Zoning and Building Appeals. Such building shall be at least six (6) feet from all lot lines of adjoining lots which are in any “R” District and at least six (6) feet from alley lines and from any other building or structure on the same lot. On a corner lot abutting in the rear either directly or across an alley, the side lot line of another lot in an “R” District, any accessory building within twenty-five (25) feet of the rear lot line shall be distant from the side street lot line not less than one-half (1/2) the required front setback on the side street.

   (b)   An accessory building may be erected as an integral part of the principal building or, if it is at least ten (10) feet from the same, may be connected thereto by a breezeway or similar structure, provided that all setback and court requirements of this Zoning Code for a principal building are complied with.

   (c)   In all “R” Districts, the minimum setbacks for private, detached garages shall be the setbacks required of the principal structure.

   (d)   The maximum height for a gazebo shall be twelve and a half (12-1/2) feet from its base to the highest point of its roof and shall be measured from the average adjacent ground elevation or from the floor of the deck upon which it is built.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

   (b)   A home occupation is permitted in residential districts as an accessory use provided:

      (1)   No wholesale or retail business shall be permitted unless it is conducted entirely by mail, telephone, or electronically and does not involve the receipt, delivery, or sale of merchandise on or from the premises;

      (2)   The residential character of the dwelling exterior and lot shall not be changed;

      (3)   No equipment or process shall be permitted or used in such home occupation that creates a nuisance by reason of generating any noise, vibration, glare, fumes, odors, electrical interference or which is determined unsafe;

      (4)   No window displays or signs shall be used to advertise any activity;

      (5)   The home occupation space including storage shall not exceed fifteen percent (15%) of the dwelling unit floor area;

      (6)   The home occupation shall be conducted only by occupants of the dwelling unit;

      (7)   There shall be no outside storage of materials, goods, supplies, equipment, or other apparatus related to the operation of a home occupation;

      (8)   The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the principal dwelling unit and no use of a private garage or an accessory building shall be permitted, except that storage of equipment and supplies may be conducted in a private garage to the extent that at all times the number of vehicles for which the private garage was designed to accommodate shall be able to be parked in such garage;

      (9)   The number of automobiles, trucks and other motor vehicles attracted to the premise shall not be greater than that which is normally associated with the residential use including normal fluctuations in the level of residential activities. Client and customer traffic shall be limited to the hours between 8:00 a.m. and 8:00 p.m.; and,

      (10)   Delivery vehicles used to deliver goods to the home occupation shall be limited to passenger vehicles, mail carriers, and express carriers, such as UPS and Federal Express. Deliveries shall only be permitted between 8:00 a.m. and 8:00 p.m.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Every lot shall abut on a street or shall have an exclusive, unobstructed private easement of access or right-of-way at least fifty (50) feet in width to a public street for one (1) one-family detached dwelling and at least fifty (50) feet in width for two (2) or more one, two-family or multi-family dwellings, except as noted in the R-6 Multiple Residence District.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   No lot, yard, setback, court, parking area or other space shall be so reduced in area or dimensions as to make any such area or dimensions less than the minimum required by this Zoning Code; if already less than the minimum required, it shall not be further reduced. No required open space or setback provided about any building or structure shall be included as a part of any open space or setback required for another building or structure.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Double Frontage Lots. Buildings on lots having frontage on two (2) non-intersecting streets need not have a rear yard, if any equivalent open space is provided on the lot. However, the applicable front setback shall be provided on both streets.

   (b)   Yards Abutting Alleys. In computing the depth of a rear setback or the width of a side setback, where the rear or side yard abuts an alley, one-half (1/2) of the width of the alley may be included as a portion of the required rear or side setback, as the case may be provided that no building, where a side or rear setback is required, shall be closer than three (3) feet to a side alley lot line or ten (10) feet to a rear alley lot line.

   (c)   Front Setback Modifications. In any single-family “R” District, where the average depth of at least two (2) existing front setbacks on lots immediately adjoining (or, if not immediately adjoining, within one hundred (100) feet of the lot in question and within the same block-front) is less or greater than the minimum front setback prescribed elsewhere in this Zoning Code, the required setback of such lot shall be modified. In such case, the setback shall not be less than the average depth of such existing front setbacks on the two (2) lots immediately adjoining (or, if not immediately adjoining, within one hundred (100) feet or, in the case of a corner lot, the depth of the front setback on the lot immediately adjoining) provided, however, that the front setback on any lot shall be at least thirty-five (35) feet and need not exceed one hundred (100) feet.

   (d)   Side Setback Modifications.

      (1)   Side setback may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such a case, the average width of the side setback shall not be less than the otherwise required minimum side setback, provided, however, that such side setback shall not be narrower at any point than one-half (1/2) the otherwise required minimum side setback or narrower than ten (10) feet in any case.

      (2)   Side setbacks may be reduced by three (3) inches from the otherwise required minimum of each side setback for each foot by which a lot of record on March 1, 1961, is narrower than the lot width specified for the district in which the lot is located, where the building to be erected thereon is not higher than one and one-half (1-1/2) stories, provided, however, that no side setback shall be less than ten (10) feet in any “R” District, except as noted for “R-6" Multiple Residence District.

   (e)   Rear Setback Modifications. Rear setbacks in an “R” District may be reduced by six (6) inches from the required minimum for each foot by which a lot, on March 1, 1961, was less than one hundred fifty (150) feet deep in an R-1 Residence District and one hundred twenty (120) feet deep in an R-2 or R-3 Residence District (as of March 1, 1961), provided, however, that no rear setback shall be less than forty (40) feet in depth.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Certain architectural features may project into required setbacks or courts as follows:

      (1)   Front yards, side street, side yards and rear yards. Into any required front, corner side or rear setback, cornices, canopies, eaves or other architectural features may project a distance not exceeding two (2) feet, six (6) inches. Fire escapes may project a distance not exceeding four (4) feet, six (6) inches. An uncovered stair or ramp and a necessary landing may project a distance not to exceed six (6) feet, provided that such stair or ramp and landing shall not extend above the entrance floor of the building, except for a railing not exceeding three (3) feet in height. Bay windows, balconies and chimneys may project a distance not exceeding three (3) feet, provided that such features do not occupy, in the aggregate, more than one-third (1/3) of the length of the building wall on which they are located.

      (2)   Interior side yards. The features referred to in subparagraph (1) hereof may project into any required side setback adjoining any interior side lot line as specified therein, but shall be at least five (5) feet from the side lot line in any case.

   (b)   Fences. Fences, walls and various types of landscaping may be located in required setbacks as follows:

      (1)   Three (3) feet high. If not exceeding at any point three (3) feet in height above the elevation of the surface of the ground at such point, fences, walls and other types of landscaping may be located in any yard.

      (2)   Six (6) feet high (or less). If fences, walls or hedges exceed three (3) feet but do not exceed at any point six (6) feet in height above the elevation of the surface of the ground at such point, they may be located in any required rear or side setback, provided that on a corner lot, abutting in the rear the side lot line of another lot in an “R” District, no such fence, wall or hedge shall be constructed or placed along the common lot closer to the side lot line than the depth of the front yard of the lot fronting the side street.

      (3)   Maximum height. No fence shall exceed six (6) feet in any “R” District.

      (4)   Wooden or solid fence orientation. All wooden or solid-type fences shall be erected so that any posts and supports thereof face inward toward the residence of the property upon which the fence is constructed, that is, that the solid wood surface or other solid surface shall face outward away from the premises upon which the fence is erected.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   In addition to other area, width and setback requirements of this Zoning Code, a minimum frontage of ninety-five (95) feet upon a dedicated street in the City is hereby required, except for lots on cul-de-sacs which will have a minimum frontage of fifty (50) feet, and R-4 districts which shall have eighty-five (85) feet frontage, or unless otherwise specified.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Any district, where neither public water supply nor a public sanitary sewer is accessible, shall be withheld from development, unless the required improvements relating to the installation of public water supply and public sanitary sewers, as set forth in the subdivision regulations, are fully complied with.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Residential lots which were subdivided and platted and were Lots-of-Record prior to the adoption of this Code, and which do not meet the minimum requirements for single-family residential development as established in this Zoning Code shall be deemed substandard or nonconforming.

   (b)   The development criteria for substandard or nonconforming, undeveloped lots shall be derived from existing conditions, using the averages of the two (2) nearest developed adjacent lots. The following criteria will be determined in this manner:

      (1)   Minimum front setback

      (2)   Minimum side setback

      (3)   Minimum rear setback

      (4)   Minimum ground floor building area

   (c)   Minimum square footage as applicable to the zoning classification under which it was platted.

      R-1   1,200 SF*

      R-2   1,200 SF*; 1,500 SF (over one (1) story)*

      *   Exclusive of basement, porches, breezeways, garages, attics, terraces and accessory enclosures. Buildings without basements shall have a utility room provided of two hundred (200) square feet (minimum) in addition to the livable floor area requirement.

      R-3   1,200 SF (one (1) story)**; 1,400 SF (over one (1) story)**

      **   Exclusive of basement, porches, breezeways, garages, attics, terraces and accessory enclosures. Buildings without basements shall have a utility room provided of one hundred fifty (150) square feet (minimum) in addition to the livable floor area requirement.

   (d)   Accessory buildings and uses shall be the same as allowed for R-1 Residential Districts as provided for in Section 1258.03.

   (e)   Additions to existing structures on substandard or nonconforming residential lots shall be permitted, provided that the following setback restrictions be observed as stated below:

 

   Recreational vehicles/equipment shall be permitted in Residential Districts provided they comply with the regulations set forth below:

   (a)   Recreational vehicles/equipment shall not be connected to electricity, water, gas, or sanitary sewer facilities, and at no time shall recreational vehicles/equipment be used for living or housekeeping purposes.

   (b)   Notwithstanding the provisions of this subsection, recreational vehicles/equipment may be parked anywhere on the premises for loading or unloading purposes for a period of not more than forty-eight (48) hours.

   (c)   If the recreational vehicle/equipment is parked or stored outside, it shall be parked on an impervious surface, such as asphalt or concrete. The area surrounding the parked or stored recreational equipment shall be maintained pursuant to all applicable City ordinances, codes, standards and regulations.

   (d)   All recreational vehicles/equipment shall be kept operable and in good repair and carry a current license and registration.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Stones, pebbles, gravel or any other loose material, excluding mulch, shall not be placed in any yard that is bounded by a public street, except as a decorating accent.

   (b)   The only material permitted to be placed within a public right-of-way shall be grass between the curb line and the right-of-way line on an improved street or within the area of the pavement edge and the right-of-way line on an unimproved street excepting any different material that may be placed in the restricted areas by the City for Municipal purposes.

   (c)   No parking or standing of any motor vehicle shall be permitted on the unimproved areas of the right-of-way along a public street.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Solar panels are a use permitted by right on the roof of any residential building when the panel or panels, at any point, are not more than two (2) feet from the roof line and the total area of the panels does not comprise more than thirty-five (35%) percent of a single roof surface. For the purposes of this section the single roof surface shall include the area of appurtenant structures or other elements, such as dormers.

   (b)   Solar panels may be considered as a Conditional Use, and subject to the review procedures in Chapter 1241, when the size of the panel, or panels, are greater than the requisite roof percentage or is installed so it extends farther from the roof than the permitted standard in subsection (a), above. In reviewing such proposed Conditional Use, the Planning Commission shall consider:

      (1)   Whether or not there are alternative locations in compliance with subsection (a) and that all these alternatives have been adequately evaluated.

      (2)   Whether the proposed panel(s) and their location(s) are designed to minimize any adverse impacts to the neighborhood.

      (3)   Whether the mass of a free-standing structure is the minimum necessary to serve the property.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   One (1) portable storage container, which is designed for the temporary storage of household goods, furnishings, and building materials, may be placed on an impervious off-street surface on private property within any “R” district for a period not to exceed ten (10) consecutive days and for not more than two (2) times a calendar year. This time limitation may be extended at the sole discretion of the Zoning Administrator, if extraordinary circumstances are present that warrant an extension of time.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   The overnight parking or the outdoor storage of commercial motor vehicles (that exceed the limits as defined in Section 1234.05) is prohibited.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Play Structures. A play structure shall be considered a permitted accessory structure and shall be subject to the following regulations:

      (1)   No play structure shall be erected in any yard other than a side or rear yard.

      (2)   The maximum height for such equipment shall be twelve and a half (12-1/2) feet from its base to the highest point of its roof and shall be measured from the average adjacent ground elevation or from the floor of the deck upon which it is built.

      (3)   The total surface area of all built-in, horizontal surfaces that are an integral part of the structure (platform area including any covered area and any elevated platforms) shall not exceed one hundred (100) square feet. For the purposes of this subsection, slides, swings and similar play equipment shall not be included in the calculation for total surface area.

      (4)   When the total surface area of all built-in, horizontal surfaces of a play structure exceeds fifty (50) square feet and the height of the structure is greater than six (6) feet, such play structure shall be located at least six (6) feet from the property line. On a corner lot abutting in the rear either directly or across an alley, the side lot line of another lot in an “R” District, such play structure within twenty-five (25) feet of the rear lot line shall be distant from the side street lot line not less than one-half (1/2) the required front setback on the side street.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   All of the provisions of the Chapter 1258 are fully applicable to all buildings, structures, premises and uses in the R-1, R-2, R-3, R-4, and R-5 Districts.

(Ord. 2010-059. Passed 3-7-11.)