In R-2, R-3 and R-4 Districts, there shall not be more than one main use on each recorded lot. Manufactured homes and dwelling units traditionally limited to trailer parks or mobile home parks are not permitted in the R-2, R-3, R-4 and PRD Districts unless they are placed on a lot parallel to the right-of-way, the roof is pitched a minimum of four inches on twelve inches and has shingles, and they can be built in compliance with the Building and Housing Code of the City.

(Ord. 2337. Passed 10-20-92.)

   Accessory uses, for the purposes of Single-Family Residential Districts, shall include swimming pools, decks, sheds, detached garages, fences and satellite dishes. Swing sets and other similar uses shall not be considered when computing maximum lot coverage.

(Ord. 2337. Passed 10-20-92.)

   The required floor area for single-family buildings, as set forth in Section 1260.05, may be reduced, provided that the reduced floor area shall not be less than the average floor area of the nearest ten single-family dwellings fronting on the same street.

(Ord. 2337. Passed 10-20-92.)

   Where residential uses are proposed adjacent to arterial highways, railroads or other features, as determined by the Planning Commission or the Administrator, screening shall be required to minimize the impact of such facilities on the residential use. Said screening may be by means of plantings, landscaped earthen mounds, solid fencing, walls or similar means. The specific nature and dimensions of said screening shall be as approved on the site plan. Provisions shall be made for the maintenance of said screening and such provisions shall be approved by the Administrator.

(Ord. 2337. Passed 10-20-92.)

   (a)   In addition to the requirements of this chapter, mobile home parks shall comply with the standards of the Ohio Department of Health, as set forth in the Ohio Revised Code and Chapter 3701-27 of the Ohio Administrative Code, as amended.

   (b)   Travel trailers shall not be used as dwellings in a mobile home park.

(Ord. 2337. Passed 10-20-92.)

   The side yard setbacks for lots less than sixty feet in width, which exist at the time of adoption of this Zoning Code, shall be a minimum of five feet, provided that the sum of both side setbacks shall be a minimum of fifteen feet.

(Ord. 2337. Passed 10-20-92.)

   Hospitals and emergency care facilities shall be permitted in Residential Districts, provided that the following criteria are met:

   (a)   There shall be a minimum of 200 feet of frontage on an arterial street;

   (b)   All buildings and structures shall be landscaped and/or fenced and so arranged as to be consistent with the predominantly residential character of the district; and

   (c)   The Planning Commission finds that the site plan and general architectural plan are appropriate for the area in design, location of facilities, use of the site and impact on the neighborhood. In reaching such determination, the Commission may require appropriate conditions and/or safeguards.

(Ord. 2337. Passed 10-20-92.)

   In any R-2, R-3 or R-4 District, the maximum area of any lot covered by structures, including accessory structures, shall be thirty percent of the total lot area.

(Ord. 2337. Passed 10- 20-92.)

   Television dish antennas shall be permitted accessory structures in Residential Districts, provided that:

   (a)   There shall be a limit of one dish per lot;

   (b)   Dishes shall be located behind the dwelling unit and at least ten feet from any side and rear property lines;

   (c)   The maximum height of any dish and support structure shall be twelve feet;

   (d)   The maximum diameter of a dish shall be ten feet; and

   (e)   There shall be no message or advertising on the dish.

(Ord. 2337. Passed 10-20-92.)

   The main supporting structure or antenna for the transmission and/or reception of radio, television or other electromagnetic radiation, in any Residential District, shall be located behind the front of the primary dwelling structure, excluding any extended garage structure, or the front setback line, whichever is greater, and shall have a minimum setback of ten feet from any property line, provided that structures more than forty feet in height above grade shall have a minimum setback of ten feet plus one additional foot for every two feet in height above forty feet. Supporting structures directly attached to the primary dwelling may have a side or rear setback of five feet, provided that they do not exceed forty feet above grade. The height of such structures, including antennas and appurtenances, shall not exceed sixty feet above grade, unless approved by the Planning Commission. All antenna elements, supporting structures, guy wires and other physical portions of the antenna system shall remain within the property boundary lines.

(Ord. 2337. Passed 10-20-92.)

   (a)   Intent and Purpose. It is the intent of this section to allow for and regulate the establishment of home occupations in residential neighborhoods. The City of Geneva recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the City believes that the need to protect the integrity of its residential areas is of paramount concern. Further, the City of Geneva is attempting to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas.

   In essence, the objective of a home occupation permit is to allow a limited number of commercial-type activities in a residential area, only to the extent that neighbors or passersby will not be aware, by outward appearance, of the activity. In practice, a home occupation permit gives the permittee the legal right to use his or her residence for business telecommunications and as a business mailing address, but not to the extent that pedestrian and vehicular traffic are generated.

   (b)   Home Occupation Defined. As used in this section, "home occupation" means an occupation that is incidental to the primary use of the residential dwelling unit as a residence. A home occupation permit may only be granted to the property owner by the Planning Commission, provided that he or she resides at the property. The Commission may specify the terms, conditions, extent and duration, as well as provide a means for the revocation and renewal, of home occupation permits.

   (c)   Required Conditions.

      (1)   No person, other than members of the family residing on the premises, shall be engaged in the occupation.

      (2)   There shall be no signage and no advertisement placed in any media containing the address of the property.

      (3)   No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials may be used or stored on the site. No process may be used which is hazardous to public health, safety, morals or welfare. Further, there shall be no use of equipment that creates noise, vibration, glare, electrical interference, fumes and/or odors detectable off of the property.

      (4)   No alteration of the residential appearance of the premises may occur, including the creation of a separate entrance to the dwelling or utilization of an existing entrance exclusively for the business use.

      (5)   There shall be no outside storage and/or display of any material relating to the home occupation.

      (6)   The home occupation shall be clearly incidental and subordinate to the residence and not more than twenty-five percent of the floor area of the dwelling unit, exclusive of all accessory buildings and garages used in the conduct of the occupation, shall be utilized. A floor plan shall be submitted to the Planning and Zoning Department for verification. Garages and accessory buildings may not be used for the home occupation.

      (7)   No more than one home occupation shall be permitted within any single dwelling unit.

      (8)   A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located. Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.

      (9)   No on-site sales of goods or services shall be allowed, including retail sales, other than telephone sales. Parties, for the purpose of selling merchandise or taking orders (i.e. Tupperware, Shaklee, Amway, etc.) shall not be held more than four times each year and shall only be allowable with prior approval from the Department of Planning and Zoning.

      (10)   The conduct of any home occupation shall not reduce or render unusable areas provided for required off-street parking or prevent the number of cars intended to be parked in a garage from doing so.

      (11)   An applicant for a home occupation shall obtain an occupational license as required by City of Geneva ordinance.

      (12)   The home occupation shall be operated entirely within the applicant's dwelling.

      (13)   The hours of operation shall be limited to Monday through Friday, 8:00 a.m. through 6:00 p.m.; Saturday, 8:00 a.m. through 5:00 p.m.; and no operation on Sunday.

      (14)   The home occupancy permit will be temporary and valid only for twelve months. At this time, the permit will be subject to an annual review by the Planning Commission. A permit may either be approved to continue for another year or revoked.

      (15)   Permit holders shall provide proof of payment to the City of Geneva for Municipal income taxes for the present and previous calendar year.

   The above stipulations shall be complied with within thirty days of the Planning Commission approval. Any variations from the above will be subject to Planning Commission review for revocation.

   (d)   Application Procedure

      (1)   Application; fee; agenda date. Application for a home occupation permit shall be made to the Planning and Zoning Department on a form provided by the Department and shall be accompanied by the prevailing filing fee of fifty dollars ($50.00). An agenda date will be set and the applicant will be notified of such date, in writing, within fifteen calendar days of the date the application is received.

      (2)   Denial of application. In cases where the Planning Commission considers the application not within the scope of the home occupation criteria, the application will be denied.

      (3)   Time Limit. All home occupation permits shall be valid for a period of one year from the initial date of approval.

      (4)   Voiding of Permit. The Planning Department may void any home occupation permit for noncompliance with the criteria set forth in this section. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void, and said use shall be terminated within fifteen days.

      (5)   Appeals to Planning Commission. The decision of the Planning and Zoning Department concerning approval or revocation shall be final, unless a written appeal is filed with the Planning Commission within ten calendar days of the decision. An appeal may only be filed by the applicant or persons residing within the immediate neighborhood.

      (6)   Inspections. Home occupation applicants shall permit a reasonable inspection of the premises by the Planning and Zoning Department to determine compliance with this section. Home occupations shall be field-checked annually by Planning and Zoning Department staff to determine compliance.

(Ord. 2337. Passed 10- 20-92.)

      (7)   Renewals. Home occupation permits may be renewed annually, provided that there has not been any violation of the provisions of this section. Requests for renewals shall be submitted to the Planning and Zoning Department, in writing, accompanied by the prevailing renewal fee of five dollars ($5.00), thirty days prior to expiration of the permit.

(Ord. 2539. Passed 4-14-97.)

   (a)   Purposes. The purposes of the Planned Residential District are to permit the use of new techniques for the planning and development of residential areas within the City which meet the varied housing needs of residents; to provide for the conservation of the natural environment and preservation of natural features; to promote the creation of special amenities in residential developments; and to ensure the authority and means for the Planning Commission to control and manage the design while exercising flexibility in permitting such developments.

   (b)   Principal Permitted Uses. The following uses may be permitted in a Planned Residential District, subject to the approved development plan:

      (1)   Single-family dwellings.

      (2)   Two-family dwellings.

      (3)   Multifamily dwellings.

   For the purposes of this chapter, "multifamily dwelling" shall mean a building containing at least three, but not more than ten, dwelling units. The dwelling units shall be divided vertically. The term "multifamily dwelling" shall not be construed to include any building having a common entry or hallway as the principal means of entrance for two or more of the dwelling units contained therein.

   (c)   Permitted Accessory Uses. The following accessory uses may be permitted in a Planned Residential District:

      (1)   Private recreational uses;

      (2)   Accessory uses and buildings normally incidental to the principal permitted uses;

      (3)   Signs, as regulated by Section 1274.03; and

      (4)   Parking, as regulated by paragraph (d)(7) hereof and Section 1274.04.

   (d)   Minimum Standards. The following requirements shall be the minimum standards required for development in a Planned Residential District. More stringent standards may be established by the Planning Commission in approval of the development plan.

      (1)   Minimum acreage. The minimum acreage required for a Planned Residential District shall be five acres.

      (2)   Density. The density of a Planned Residential District shall be as approved in the development plan for such district, but shall not exceed six dwelling units per acre, provided, however, that the applicant may request additional density up to a maximum of ten dwelling units per acre. Council may approve such additional density, provided that:

         A.   Said request for additional units is made in writing;

         B.   The development plan reflects said additional units;

         C.   The Planning Commission determines that such higher density is consistent with the standards set forth in subsection (h) hereof; and

         D.   The applicant deposits with the City a development impact fee of two thousand dollars ($2,000) per dwelling unit for each additional dwelling unit in excess of the maximum number permitted at six dwelling units per acre. Said fee shall accompany the application and, if the request is approved by the City, shall be utilized for the provision of various City services or capital improvements. Should the request for additional units be denied, the deposit shall be returned to the applicant.

      The density of the development shall be calculated by dividing the total number of dwelling units proposed for the district by the gross acreage of the proposed district.

      (3)   Minimum floor areas. Minimum floor areas shall be consistent with those established in Section 1268.05.

      (4)   Required special areas. Special areas (which may include common open spaces, public recreation facilities or recreation facilities controlled by an association of all property owners in the District, flood plains, natural features or environmental preservation areas) shall be provided in such a manner and form as may be determined in the approved development plan.

   Such areas shall constitute not less than fifteen percent of the total acreage of the District. Such areas shall be of a size and shape and be located to provide meaningful open space for the entire project or serve a meaningful environmental preservation purpose, and such areas shall not include land fragments between buildings, between parking lots and buildings or between property lines and buildings or parking lots.

   The developer shall submit, with final plats and improvement plans, a perpetual maintenance plan for all such special areas. Said plans shall set forth responsibility for the maintenance of such areas and describe the method of financing for said maintenance program. The perpetual maintenance plan shall be reviewed and approved as part of the final plat or improvement plans for development of the District.

   As an alternative to providing all or a portion of the required special areas, the applicant may pay to the City a fee in lieu of special areas. Such fee shall be calculated as five thousand dollars ($5,000) per acre of required special area not provided in the development plan. The fee shall be submitted to the City prior to approval of the final plat and improvement plans for the development and shall be deposited in a City account established for the purpose of providing recreational land and facilities or for the purpose of environmental preservation and improvement. The developer shall not be permitted to substitute a fee in lieu of such special areas within the proposed District if the Commission deems the special area to be important for environmental preservation, flood protection or implementation of the City's recreation plans.

      (5)   Other requirements.

         A.   Maximum building height shall be thirty-five feet.

         B.   All PRD Districts shall be served by central water and Municipal sewer facilities.

         C.   All additional requirements, including, but not limited to, lot sizing, the arrangement and spacing of buildings, private drives and access, pedestrian circulation, landscaping, the development of the special areas, the nature and locations of easements, special covenants and agreements, and any other conditions deemed necessary by the Planning Commission, shall be established in the development plan.

   In each PRD District, all uses and development standards shall be in conformance with the requirements of the development plan adopted for that District. In the case of a conflict between the provisions of this Zoning Code and the standards of the Development Plan, the more stringent shall apply.

      (6)   Lot dimensions, setbacks and building separations. Lot and yard dimensions shall be as established in the approved development plan. The minimum dimensions for yards abutting other zoning districts shall be no less than the minimum dimensions required for such abutting districts, unless specifically varied by approval of the development plan.

         A.   Lots within a PRD District shall comply with the following minimum standards consistent with the dwelling types to be constructed upon such lots:

               Lot Area    Lot Width
               (sq. ft.)                   (ft.)

Single-family dwelling      9,000       60

Two-family dwelling         4,500*       75

Multifamily dwelling         3,000*      100

* Area required per dwelling unit within the dwelling structure.

   When more than one dwelling exists or is to be constructed upon a lot, such lot shall have at least an area equal to the sum of the areas required for lots for each dwelling by type and shall have a width of at least 100 feet.

         B.   The following minimum front, side and rear yards shall be provided:

               Front (ft.)   Side (ft.)   Rear (ft.)

Single-family dwelling       40        5       25

Two-family dwelling           40        5       25

Multifamily dwelling           40      10       25

   Any nondwelling structure approved in the development plan shall be located at least twenty-five feet from any side or rear property line, at least forty feet from a front line and shall be located at least twenty-five feet from any other structure.

         C.   Where more than one structure is located upon a lot, the following minimum building separations shall apply:

 

* The development plan shall identify the front facade, side facades and rear facade of each building and shall be subject to the approval of the Planning Commission.

      (7)   Parking. Automobile storage space or parking spaces shall be provided at the time of building any dwelling unit according to the following standards:

         A.   Two-family dwellings. One enclosed garage parking space attached to the dwelling plus two exterior parking spaces located in front of or adjacent to the enclosed space or its driveway, provided that one of the two required exterior spaces may be in a community parking lot located within 300 feet of the front entrance of such dwelling.

         B.   Multifamily dwellings. One enclosed garage parking space accessible by a door of the dwelling unit plus two exterior parking spaces located within 150 feet of the front entrance of such dwelling.

   (e)   Applications and Review Procedures. The Planning Commission may consider the establishment of a PRD District upon the application of the owners of the properties comprising such proposed District.

   (f)   Pre-application Conference. Before formal submission of the zone change request, the project applicant must request, by letter, and attend an informal pre-application conference with the Planning Commission. The purpose of this meeting is to familiarize the applicant with the PRD District regulations and the City's general expectations concerning the property. At such meeting, the owner may also present the general nature of the development and solicit the informal comments of the Commission.

   (g)   Development Plan. The applicant shall submit to the office of the Zoning Inspector ten copies of an application for the proposed PRD District. In preparing the application, attention should be given to the evaluation criteria listed in subsection (o) hereof. Such application shall comprise the development plan for the proposed District and, at a minimum, shall include:

      (1)   All items required by Chapter 1266 (Amendments) for amendments of the Zoning Code and Zoning Maps.

      (2)   Evidence that the entire area being rezoned to a PRD District is under one ownership or, if in several ownerships, that the application and development plan are being filed jointly by all owners of properties included in the plan.

      (3)   The name of the development and the names and addresses of the owners and developer.

      (4)   A scale, north arrow and date.

      (5)   The proposed locations of buildings.

      (6)   The locations, names and dimensions of proposed and existing public and private streets, easements and drainageways.

      (7)   Preliminary plans for the provision of utilities.

      (8)   The proposed parking layout, including ingress and egress to drives and streets.

      (9)   A boundary survey of the entire proposed PRD District, and identification of each separately owned property, its area and ownership, and the proposed dimensions of any lots to be platted within the District.

      (10)   The topography, showing contours at an interval of two feet or less.

      (11)   A table showing the total number of acres to be developed and the amount of acreage to be used for each type of use, including each dwelling type, streets, parking areas, special areas and other facilities. Such table shall list the total number of dwellings proposed as well as the number of each type of dwelling unit and a calculation of the proposed net density for each proposed lot within the District.

      (12)   Evidence that the project provides for an integrated and harmonious design of buildings and open spaces for adequate and properly arranged facilities and for interior traffic circulation, off-street parking and such other features and facilities as may be necessary to protect surrounding development and promote orderly growth.

      (13)   Any other data the Commission may deem necessary.

      (14)   An additional fee of two hundred and fifty dollars ($250.00) plus ten dollars ($10.00) per acre.

      (15)   Identification of all natural features, including, but not limited to, existing watercourses, wetlands and flood areas.

      (16)   The boundaries of the protected special areas, a description of the development or activities proposed thereon and a description of the methods to be employed to preserve and maintain these areas.

      (17)   Anticipated development phasing and scheduling.

      (18)   Preliminary plans for the installation of landscaping.

      (19)   Preliminary plans for the installation of buffers, including landscape plantings, earth mounds and fences, as may be necessary to protect adjacent properties from the impacts of the proposed development and to ensure attractive views of the development.

      (20)   An estimate of the amount and types of vehicular traffic to be generated by the development.

      (21)   An estimate of the utility service requirements of the proposed development, especially water and sanitary sewers.

   (h)   Commission Recommendations. Upon receipt of the application from City Council and consistent with the provisions of this Zoning Code, the Commission shall consider the application and all elements of the development plan in making its recommendations to City Council. The Commission's recommendations may include such affirmations, additions, alterations, deletions or other actions as the Commission deems appropriate.

   In considering its recommendations, the Commission shall consider, at a minimum, the following criteria for evaluation of the application and development plan:

      (1)   The capability, readiness and intent of the developer to initiate the proposed development within one year of the date of approval.

      (2)   The projected traffic to be generated by the development, the potential impacts of such traffic on the areas surrounding the site and upon the community and the suitability of the City's existing streets and of the proposed streets in the development to support the projected traffic.

      (3)   Justification for any exception in the development plan from the standard requirements of this chapter, which exceptions are recommended by the Commission.

      (4)   The potential impacts of the proposed development upon the surrounding properties and neighborhoods and upon the community as a whole, and the manner and degree to which the development plan and its elements satisfactorily address or mitigate such impacts.

      (5)   The potential to plan, zone and develop abutting undeveloped properties in a manner compatible with the proposed development.

      (6)   The adequacy of existing and proposed utility facilities to serve the proposed development.

      (7)   The degree to which the proposed landscape and buffer elements minimize the impacts of the proposed development and contribute to an attractive appearance of the development and its surroundings.

   (i)   Development of District. Upon approval of a rezoning to the PRD District, development of the property shall be in accordance with this section and the approved overall development plan for the PRD District. Final plats and improvement plans for the PRD District development, or any portions or sections thereof, shall conform to the requirements of the City Subdivision Regulations and to the approved PRD District development plan.

   Plats and improvement plans shall be submitted and reviewed in accordance with the provisions of the Subdivision Regulations and other applicable City ordinances. Reviews of such submittal shall include a determination that they are in substantial conformance with the approved PRD District development plan.

   (j)   Changes to Development Plans. The owner of a PRD District development may request a change in the approved development plan. Such change shall require that the owner submit a new development plan and follow the application, hearing and review process as for the original approval.

   The owner may request a one-time six-month extension of the approved time schedule to initiate the development of the District by submitting a letter to the Planning Commission. The Commission may approve such extension.

(Ord. 2337. Passed 10-20-92.)