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Lyndhurst City Zoning Code

CHAPTER 1160

Single-Family Residential Districts

1160.01 INTENT.

   The purposes of this chapter are as follows:
   (a)   To provide for single-family residential uses where they are compatible with existing residential development within the City;
   (b)   To protect the desirable characteristics of both existing and planned single- family residential developments and to maintain stability;
   (c)   To provide for single-family uses where they are compatible with existing residential development within the City;
   (d)   To provide for a transition area between single-family residential uses and more intensive development, including commercial retail and office uses, along appropriate areas of heavily commercialized Mayfield Road;
   (e)   To provide protection to single-family uses from noxious fumes, odors, dust, excessive noise, the invasion of abnormal vehicular traffic and other objectionable influences by allowing non-residential uses within the boundaries of Single-Family Residential Districts only as conditionally permitted uses;
   (f)   To promote the compatibility of neighboring land uses by requiring certain community facilities to be conditionally permitted within these Residential Districts; and
   (g)   To promote the most desirable and beneficial use of the land in accordance with plans recommended or duly approved by the City.
      (Ord. 96-61. Passed 4-21-97.)

1160.02 USE REGULATIONS.

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in Residential Districts, only for the uses set forth in the schedules and use regulations of this Zoning Code.
   (a)   The main buildings and uses set forth in the schedule in Section 1160.03 shall be permitted by right as the principal building or use of a zoning lot only in a district in which it is specifically permitted.
   (b)   Conditional uses are certain types of main uses so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features and shall not be permitted in certain locations by right. Such uses require consideration and approval by the City Planning Commission and Council according to procedures and standards set forth in Chapter 1156. Only those uses so enumerated in the schedule set forth in Section 1160.03 may be approved in the specific districts.
   (c)   An accessory building or use set forth in the schedule in Section 1160.03, shall be permitted as a subordinate building or use, which is clearly incident to and located on the same zoning lot as the main building or use, and shall be located only in a district in which it is specifically permitted.
      (Ord. 96-61. Passed 4-21-97.)

1160.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.

 
DISTRICT
MAIN BUILDING OR USES
CONDITIONAL BUILDINGS AND USES
ACCESSORY BUILDINGS, USES AND STRUCTURES
(a)   Two-Acre Single-Family
(a)   Single-family dwelling
 
(b)   Child day care home
(a)   Public parks and playgrounds conducted by the City;
(b)   Nonprofit public and private schools providing the equivalent of nonprofit public education accredited by the State Board of Education;
(c)   Public libraries and museums operated not for profit;
(d)   Day nurseries and kindergartens operated within a public or private school;
(e)   Churches; and
(f)   Nonprofit educational or cultural uses similar in nature to those referred to in paragraph (b) hereof, provided that application is made to the Planning Commission and Council and that such uses are allowed by such agencies. Dormitories or other buildings primarily for rent of hire, whether such rent is paid directly or indirectly, are not permitted.
(g)   Nonprofit and private parks and recreational facilities such as golf, tennis and swimming.
(h)   Group residential facilities/group homes, provided that such facility or group home must be at least 1,000 feet from another such residential home for handicapped persons. (See Sections 1385.03 and 1385.04 of the Building and Housing Code).
(i)   Assisted living.
(j) Bed and breakfast inns; refer to Chapter 1178 for requirements.
(k) Short-term rentals; refer to Chapter 1179 for requirements.
(a)   An accessory use on lots on which the main use is a dwelling, as follows, subject to the appropriate ordinance to which it pertains:
(1)   Private garage and private parking area;
(2)   Parking of commercial vehicles;
(3)   Parking of recreational vehicles;
(4)   Professional offices and home occupation;
(5)   Gardens and household pets;
(6)   Storage sheds;
(7)   Central air conditioning units;
(8)    Outbuildings;
(9)   Recreational facilities;
(10)   Garage sales; and
(11)   Signs.
 
(b)   Any of the following accessory uses on lots where the main building is a public or private school, church or other conditionally permitted use:
(1)   Off-street parking;
(2)   Screening and landscaping; and
(3)   Sales of certain commodities by charitable and religious organizations under the limitations in Chapter 763 of the Business Regulation and Taxation Code;
(4)   Central air conditioning units;
(5)   Recreational facilities;
(6)   Signs; and
(7)   Storage facility.
(b)   One-Acre Single-Family
(a)   Main uses permitted in the Two-Acre Single-Family District.
(a)   Conditional uses permitted in the Two- Acre Single-Family District.
(a)   All accessory uses permitted in the Two-Acre Single- Family District except outbuildings as allowed under (a)(8) above.
(c)   10,000 Square Foot Single-Family
(a)   Main uses permitted in the One-Acre Single-Family District.
(a)   Conditional uses permitted in the One- Acre Single-Family District.
(a)   Accessory uses permitted in the One-Acre Single-Family District.
 
(Ord. 96-61. Passed 4-21-97; Ord. 98-89. Passed 10-19-98; Ord. 2023-35. Passed 5-15-23.)

1160.04 ACCESSORY USES, BUILDINGS AND STRUCTURES.

   (a)   The following accessory uses, buildings and structures are permitted on lots in which the main use is a dwelling:
      (1)    Private garages and private parking areas.
         A.    A private garage with a minimum floor area of at least 500 square feet may be erected in or on the same lot with the main building. An additional floor area of 100 square feet may be provided for each 2,500 square feet of lot area by which the lot area exceeds 5,000 square feet, and such ratio may be prorated. In no case, however, shall any such garage on one lot exceed a total floor area of 775 square feet. Not more than one garage, whether attached or detached, shall be permitted on any one lot. A lot having an attached garage may be permitted to have a detached garage, provided, that the attached garage is properly converted to a habitable part of the main dwelling house and that the detached garage meets all of the required yard and area requirements of this Zoning Code pertaining to detached garages. Further, the existing driveway shall be removed and relocated as determined to be necessary by the Building Commissioner in order to maintain the character and aesthetics of the lot and the neighborhood.
         B.   A detached private garage in the Single-Family District shall be located back of the rear wall of the main building and not closer than ten feet therefrom, but this provision shall not apply to a garage not over fifteen feet in height connected to a dwelling by a breezeway.
         C.   In the Single-Family District, a detached private garage may be located on the rear or side lot line which is not a street side of a corner lot, provided the wall of such accessory building is constructed of fireproof material, but if the same is not provided with such fire protection, such private garage shall not be located closer than three feet from such rear or side lot line. In the case of a corner lot whose rear line is on the side line of a lot in a Residential District, no accessory building shall be placed closer than ten feet to such rear line, nor closer than fifteen feet to the street line on the side of the lot, nor closer than any setback building line which applies to such street line.
      (2)   Parking of commercial vehicles.
         A.   In Residential Districts, the parking or storage of commercial vehicles is prohibited, except for service or delivery to premises, provided that such parking or storage of commercial vehicles shall not extend beyond a single twenty-four hour period.
         B.   An occupier or resident in a Residential District who uses a commercial vehicle in his or her occupation will be permitted to store such commercial vehicle out of view, in a garage which is an accessory use permitted under this Zoning Code, overnight only.   
         C.   Commercial vehicles permitted to be stored within an enclosure, as permitted by paragraph (a)(2)B. hereof, shall not exceed three- quarter ton capacity.
         D.   As used in this section, "commercial vehicle" is defined as follows:
            1.   Any vehicle with current state-issued license plates attached, with the designation "truck" or "commercial"; or
            2.   Any vehicle used for commercial purposes or in a commercial enterprise, which vehicle is marked or identified by lettering, symbols or signs relating to such commercial purpose or enterprise, or, if not so identified, has attached thereto scaffolding, ladders, plows, cranes, hoists, backhoes or other tools and devices that are being used for such commercial enterprise.
The term "commercial vehicle" shall not include vehicles licensed as passenger-type vehicles, as defined in Ohio R.C. 4501.01(E), or noncommercial motor vehicles, vehicles displaying license plates issued to a handicapped person or vehicles displaying a valid parking card issued by the State of Ohio to handicapped persons, unless used as provided for in paragraph (a)(2)D.2. hereof.
         E.   Commercial vehicles that are prohibited from parking in residential areas under the provisions of Sections 1160.04 and 1164.04 of these Codified Ordinances may be legally parked overnight from Monday through Friday in designated parking areas upon application for, and issuance of, a parking permit. Said permit shall be issued on a monthly basis, and the charge shall be as set from time to time by Council. Any vehicles parked in accordance with this Section shall not be parked prior to 7:00 p.m. on any night, and shall be removed prior to 7:00 a.m. the next day.
         F.   Commercial vehicles that are prohibited from parking in residential areas under the provisions of Sections 1160.04 and 1164.04 of these Codified Ordinances may be legally parked on weekends in designated parking areas upon application for, and issuance of, a parking permit. Said permit shall be issued on a monthly basis, and the charge shall be as set from time to time by Council. Any vehicles parked in accordance with this Section shall not be parked prior to 7:00 p.m. on Friday, and shall be removed prior to 7:00 a.m. on Monday.
         G.    The failure to apply for and receive a permit in accordance with this Section shall subject the vehicle owner to sanctions pursuant to Section 1160.04 or 1164.04 of these Codified Ordinances.
      (3)    Parking of recreational vehicles.
         A.   Definitions. As used in this section, "seasonal recreational vehicle" means and includes the following recreational equipment:
            1.   "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a "travel trailer" by the manufacturer with or without cooking facility;
            2.   "Pick-up camper" means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses, with or without cooking facility;
            3.   "Motor home" means a self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consumption of food and for sleeping, and identified as a "motor home" by the manufacturer;   
            4.   "Folding tent trailer" means a canvas folding structure, mounted on wheels and designed for travel and vacation uses;
            5.   "Boats" and "boat trailer" mean and include boats, floats, snowmobiles and rafts, plus the normal equipment to transport the same on the streets and highways;
            6.   "Trailer" means a cart or wagon used for hauling boats, floats, rafts, canoes, jet skis, snowmobiles, motorcycles and other recreational equipment and devices and designed to be pulled by a motor vehicle; and
            7.   "Equipment Trailer" means a cart or wagon used for utility purposes, i.e. hauling landscaping materials, furniture and household goods, plus the normal equipment to transport the same on the streets and highways.
         B.   Regulations. No person shall park or store recreational equipment on any street or highway or on public or private property within the City, except on residential property as hereinafter provided. Any owner of recreational equipment may park or store such equipment on property owned by him or her in accordance with the following conditions:
            1.   Recreational equipment with the exception of Motor Homes and/or other recreational equipment or trailers in excess of 24 feet in length may only be parked on residential property in the City between the dates of May 1 through October 1. Winter recreational vehicles (ie: snowmobiles) may be parked between November 15 through March 15. Motor Homes in excess of 24 feet in length and/or other recreational equipment or trailers in excess of 24 feet in length may only be parked on residential property for a maximum of 10 days for loading/unloading, cleaning, charging, or preparing the motor home.
            2.   Recreational equipment parked shall not have fixed connections to electric, water, gas or sanitary sewer facilities (except got temporary connections to prepare of recharge) and at no time shall this equipment be used for living or sleeping purposes.    
            3.   If the recreational equipment is parked outside of a garage it must be parked on a hard surface driveway or turnabout approved by the City.
            4.   All recreational equipment must be kept in good repair, including, but not limited to, coverings and paint finish and must carry a current year's license or registration and not a commercial registration.   
            5.   No recreational vehicle parked may extend into or within 10 feet of the Public Right of Way.    
            6.   No more than one recreational vehicle shall be parked outside of a completely enclosed structure on any property within the City.
            7.   Upon notice to the Police Department, exceptions to these parking restrictions are permitted to facilitate loading or unloading or to accommodate parking of a recreational vehicle owned by guests of City residents for a period of time not to exceed ten days.
      (4)   Professional offices and home occupations. Home occupations, as well as professional offices that provide an office in the home of a person practicing any of the recognized professions, including, but not limited to, accountant, architect, artist, clergyman, dentist, engineer, lawyer, physician, realtor, appraiser, photographer, planner or mental health counselor, may be conducted in the dwelling used by such person as his or her personal residence, provided that the following conditions are met:
         A.   No home occupation shall be conducted until an application for a home occupation permit is reviewed and approved by the Building Commissioner according to the standards set forth herein.
         B.   No person is employed other than members of his or her immediate household;
         C.   The home occupation or professional office generates no outdoor storage of materials, equipment or vehicles;
         D.   Such home occupation or professional office occupies no more than twenty-five percent of the total ground floor area of the dwelling;
         E.   The home occupation or professional office is conducted wholly within the dwelling;
         F.   No equipment is used which will create objectionable disturbances beyond the premises;
         G.   No window display or signboard is used to advertise such occupation, other than a name plate attached to the dwelling, as provided for in Section 1170.08, which may designate such occupation thereon along with the occupant's name and address; and
         H.   The home occupation or professional office does not change the residential character of the dwelling exterior.
         I.   The home occupation shall not allow display for sale or sales of retail goods not manufactured or fabricated on the premises.
         J.   Home occupation permits shall not be transferable and shall not run with the land. All home occupation permits shall expire upon the sale, transfer or lease of the property to a new owner or tenant.
      (5)   Gardens and household pets.      
         A.   Maintenance of livestock. Maintaining or harboring of livestock or fowl is expressly prohibited.
         B.   Fruits and vegetables; pets. The raising for private use of fruits, vegetables or nursery stock, and the keeping of household pets, are permitted in Single-Family Districts, provided that:
            1.   Household pets shall be construed to include dogs, cats, rabbits, canaries, parakeets, fish and other domestic animals and birds, but shall not include snakes, livestock, fowl, mules, donkeys, cows, bulls, swine, sheep, goats or tamed wild animals and wild birds.
            2.   In addition, the keeping of all permitted animals must conform to the provisions of Chapter 618 of the General Offenses Code.
      (6)   Storage sheds. Storage sheds shall be permitted to be placed or erected within the rear yard of all Single-Family Residential Districts, subject to the following specific limitations and/or conditions:
         A.   Storage sheds shall not exceed 120 square feet in area, nor be greater than eleven feet in height from finished grade, except that storage sheds to be placed in rear yards comprising less than forty feet, measured from the rearmost part of the rear wall of the dwelling house to the rear property line, shall not be greater than eighty square feet in area, nor be greater in height than ten feet.   
         B.   No part of a storage shed shall be located closer than three feet to a rear or side property line, except in the case of a corner lot, in which case no part of the shed shall be located closer than ten feet to a side line of an abutting residential lot, nor be closer than twenty feet to the street line.
         C.   Storage sheds shall be wholly of wood, face brick, premanufactured resin, vinyl, or plastic construction, as approved by the Building Department.      
         D.   Storage sheds shall be located in accordance with the above and the location shall be approved by the Building Department. If the Building Department, upon viewing the site, determines that a shed placed or erected according to these regulations will be injurious to, or cause a nuisance to, abutting property owners, the Department shall not issue a permit. In making such determination, the Building Department shall take into consideration the following factors:
            1.    The size of the lot;
            2.    The shape of the lot; and
            3.    The location of the main structure on the lot when compared to abutting properties.
Any party from whom a permit is withheld shall have recourse to the Board of Zoning Appeal, which shall make the final determination.
         E.   Storage sheds shall be placed or erected on and secured to a four-inch concrete pad. Storage sheds shall not have open areas beneath the floor that would attract animals or rodents.
         F.   Approved storage sheds shall be permitted to remain on the lot or premises for which a permit was issued, provided such shed is maintained in a good and sound structural condition, is kept neat and clean in appearance, and is maintained in accordance with the applicable maintenance provisions of the Building and Housing Code of the City.
         G.   Two sets of drawings (drawn to scale) are required of the proposed shed along with a completed application form. Drawings are to include a site plan, a foundation plan and elevations of each side. Dimensions are to be clearly noted on the drawings along with a materials list.
         H.   A permit is required before the placement or erection of a storage shed or the relocation and/or reconstruction of an existing storage shed.
         I.   Storage facilities shall be permitted to be placed or erected on a parcel of land which currently contains a lawful, conditional use in a Single-Family Residential District so long as such building or facility meets the following requirements and regulations:
            1.   The location of any such storage facility shall be approved by the Planning Commission;
            2.   Such facility shall be designed, constructed, operated and maintained so as to be harmonious with and appropriate in appearance to the existing or intended character of the general vicinity and shall not have a detrimental affect, economically or aesthetically, upon surrounding properties, all as determined by the Planning Commission;
            3.   Said facility shall not be hazardous or disturbing to existing or future neighboring uses;   
            4.   Such facility will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance;   
            5.   Such facility shall be adequately buffered and screened from surrounding properties and a landscape plan to accomplish the same shall be submitted to the Building Department and approved by the Architectural Board of Review; and   
            6.   The exterior appearance of said facility shall be approved by the Architectural Board of Review to promote the general welfare and prosperity of the community and to assure orderly and reasonably harmonious development in the City and in each neighborhood thereof. The Architectural Board of Review shall apply the criteria set forth in Chapter 1327 of these Codified Ordinances to the extent that such criteria, in the opinion of the Architectural Board of Review, shall apply to such a facility.
      (7)   Central air conditioning units. Central air conditioning condensers shall be permitted in any Single-Family Residential District, provided that such condensers are located in the side yard or rear yard only and do not extend closer to the side or rear lot line than the minimum side or rear setback requirement of the respective zoning district in which the premises are located, unless the adjacent property owner agrees to sign a side or rear setback waiver and the owner of the air conditioning unit can demonstrate to the Building Department that due to fuel efficiency, such an intrusion into a required side or rear yard is warranted and will not be a fire or safety hazard.
      (8)   Outbuildings. In the Two-Acre Single-Family District, an outbuilding, in addition to a private garage and a storage shed, shall be permitted. The size thereof may not exceed one-third of the square footage of the main building, including the basement and garages where attached, subject to approval of the Architectural Board of Review. The regulations for locating such outbuilding shall be those applicable in paragraph (a)(6) hereof relating to storage sheds. Such outbuildings shall not be used for the storage or care of automobiles.
      (9)   Recreational facilities. Recreational facilities such as swimming pools, patios, picnic grills, playhouses, children's playground equipment and swimming pool cabanas may be permitted in the rear yards of Residential Districts. Insofar as possible, all accessory uses should be combined into one structure. Architectural style, materials and colors of accessory buildings should conform to that of the main use structure. All recreational facilities shall meet the minimum side and rear setback requirements. In addition, all swimming pools must meet the requirements of Chapter 1363 of the Building and Housing Code.   
      (10)   Garage sales. Garage sales which involve the temporary sale of commodities, as regulated by Chapter 729 of the Business Regulation and Taxation Code shall be permitted.
      (11)   Signs. Signs, as regulated by Chapter 1170, shall be permitted.
      (12)    Little Free Library.
         A.   A little free library is a "take a book, return a book" gathering place where neighbors share their favorite literature and stories. In its most basic form, a little free library is a box full of books where anyone may stop by and pick up a book (or two) and bring back another book to share.
         B.   Little free libraries are permitted to be placed on single-family residential lots, church properties and public or private school properties. They are considered to be an accessory structure and accessory use to the property, and shall conform to the following guidelines:
            1.   The structure shall not be located in or overhang the public street right-of-way or any public or utility easement, and shall be at least two feet behind the sidewalk;
            2.   The structure shall not obstruct vehicular, bicycle or pedestrian traffic, either physically or by a person utilizing the little free library;
            3.   The structure shall not obstruct access aisles or paths utilized by persons in wheelchairs or for ada accessibility;
            4.   The structure must be placed in the front yard between the front or side of the house or building and the street right-of-way. At its discretion, the City may make exceptions for churches and schools, which exceptions must be approved in writing by the Building Commissioner;
            5.   The structure shall be designed to hold books. The overall structure shall be limited to a height not to exceed sixty-six inches, a width not to exceed thirty inches, a depth not to exceed eighteen inches, and the bottom of the box shall be thirty inches from the ground on which it is placed;
            6.   The structure shall be sized and arranged so that no person or child is able to enter;
            7.   The structure shall be securely attached to a 4x4 pressure treated post to be installed at a minimum of thirty-six inches below grade. Approval considerations for other installation methods will be at the discretion of the Building Commisioner;
            8.   The structure shall be maintained and kept in good repair by the property owner at all times; and
            9.   There shall be a limit of one little free library per street address and each one shall have a minimum spacing between them of at least 1,200 feet.
         C.   A little free library meeting the above conditions will not be subject to any permits or special licensing requirements.
            (Ord. 2020-10. Passed 2-3-20.)
      (13)   Generators. Permanent generators shall be permitted in any single-family residential district, provided that such generators are in a rear yard, located within the rear outside corners of the home, and not projecting into the minimum rear yard setback.
         (Ord. 2022-76. Passed 11-21-22.)
   (b)    The following accessory uses, buildings and structures are permitted on lots where the main building is a public or private school, church or other conditionally permitted use, provided that compliance with paragraphs (b)(1) and (2) hereof may be reviewed by the City Planning Commission at the discretion of the Building Commissioner.
      (1)   Off-street parking. Off-street parking on the same lot or parcel on which the main building is situated shall be permitted in accordance with the provisions of Chapter 1172.
      (2)   Screening and landscaping.
      (3)   Sales of certain commodities by charitable and religious organizations. Sales of certain commodities by charities and religious organizations, under the limitations set forth in Chapter 763 of the Business Regulation and Taxation Code, shall be permitted.
      (4)   Recreational facilities. Recreational facilities, such as swimming pools, patios, picnic grills, playhouses, children's playground equipment and swimming pool cabanas, may be permitted in the rear yards of Residential Districts. Insofar as possible, all accessory uses should be combined into one structure. Architectural style, materials and colors of accessory buildings should conform to that of the main use structure. All recreational facilities shall meet the minimum side and rear setback requirements. In addition, all swimming pools must meet the requirements of Chapter 1363 of the City's Building and Housing Code.
      (5)   Little Free Library. See subsection (a)(12) above.
         (Ord. 2020-10. Passed 2-3-20.)

1160.05 AREA, YARD AND HEIGHT REGULATIONS GENERALLY.

   Lots shall be created and maintained, and buildings shall be erected, altered, moved and maintained, only in accordance with the lot area, lot width, yard and building height regulations set forth in the following schedule and the schedule set forth in Section 1160.06 and the accompanying footnotes:
 
ZONING DISTRICT
MAXIMUM DENSITY
BUILDING TYPE
MINIMUM LOT AREA PER DWELLING UNIT
MINIMUM AVERAGE LOT WIDTH
MINIMUM LOT FRONTAGE AT STREET LINE
MINIMUM YARD REQUIREMENTS
MAXIMUM HEIGHT (g)
FRONT
SIDE
REAR
Two-Acre Single-Family
0.5 D.U. per acre
Single-family Dwelling
2 acres
170 ft.
100 ft.
100 ft. from R.O.W. line or (a)
20 ft. and (b)
75 ft.
2.5 stories or 35 ft.
One-Acre Single-Family
1 D.U. per acre
Single-family
1 acre
125 ft.
75 ft.
80 ft. from R.O.W. or (a)
14 ft. and (c)
60 ft.
2.5 stories or 35 ft.
10,000 Square Feet
4.356 D.U. per acre
Single-family
10,000 square feet (d)
75 ft. (d)
-
40 ft. from R.O.W. or (a)
6 ft. and (e)
40 ft.
2.5 stories or 35 ft.
 
(a)   The minimum front yard setback shall either be the specific standard stated in the above schedule or the minimum front yard setback, if shown on the Zoning Map of the City.
(b)   In addition to each side yard meeting the specific minimum standard stated in the above schedule, the combined width of the two side yards shall not be less than fifty feet.
(c)   In addition to each side yard meeting the specific minimum standard stated in the above schedule, the combined width of the two side yards shall not be less than thirty feet.
(d)   No building shall be erected or used to accommodate or make provisions for one single-family dwelling on a lot less than 10,000 square feet in area or less than seventy-five feet in average width, provided, however, that any lot or parcel of land which was owned separately from adjoining lots at the time of the adoption of this Zoning Code (1926, 1941, 1950 or 1968, whichever recodification is applicable to the subdivision in question), or which was a sublot of a recorded subdivision by Council prior to the time of adoption of this Zoning Code (1926, 1941, 1950 or 1968, whichever recodification is applicable to the subdivision in question), and not subsequently resubdivided, may be used for a single-family dwelling.
(e)   Each main building shall have a side yard on each side of not less than six feet, and the combined width of the two side yards shall be not less than twenty percent of the average width of the lot, but not more than thirty feet in width need be so devoted, provided, however, that any lot or parcel of land which was owned separately from adjoining lots at the time of the adoption of this Zoning Code (1926, 1941, 1950 or 1968, whichever recodification is applicable to the subdivision in question), which has an average width of less than sixty feet, shall have a side yard on each side of the main building of not less than three feet.
(f)   No building shall be erected or used to accommodate or make provision for a duplex dwelling on a lot less than 10,000 square feet in area, nor less than seventy-five feet in average width, provided, however, that any lot or parcel of land which was owned separately from adjoining lots prior to the adoption of Ordinance 68-50 (January 6, 1969), and not subsequently resubdivided, may be used as a duplex dwelling if the area of the lot is not less than 7,500 square feet.
(g)   Main buildings other than dwellings may be erected to a height not exceeding three stories or forty feet. However, in the 10,000 Square Foot Zoning District, no main building or structure shall exceed two and one-half stories or thirty feet where the width of the lot at the building is less than 100 feet. The maximum height of any accessory building or structure for all Residential Districts is fifteen feet, unless stated otherwise in this Zoning Code.
(Ord. 96-61. Passed 4-21-97.)

1160.06 AREA, YARD AND HEIGHT REGULATIONS FOR CONDITIONALLY PERMITTED BUILDINGS AND USES.

   The following schedule sets forth the area, yard and height requirements for conditionally permitted buildings and uses in Two-Acre, One-Acre and Ten Thousand Square Foot Single-Family Districts:
SCHEDULE OF AREA, YARD AND HEIGHT REQUIREMENTS FOR CONDITIONALLY PERMITTED BUILDINGS AND USESIN THE TWO-ACRE, ONE-ACRE AND TEN THOUSAND SQUARE FOOT SINGLE-FAMILY DISTRICTS Conditional Uses
Minimum
Lot Size
Maximum
Building
Coverage
Minimum
Lot Area
Per Dwelling
Unit
Maximum
Density
Minimum
Landscaped
Area
Maximum
Building
Height
Parking
(a)   Public parks and playgrounds conducted by the City.
Note (1)
N/A
N/A
N/A
N/A
N/A
N/A
(b)   Nonprofit public and private schools providing the equivalent of nonprofit public educations accredited by the State Board of Education.
5 acres
35%
N/A
N/A
Note (1)
Note (2)
See Ch. 1172
(c)   Public libraries and museums operated not-for-profit.
5 acres
35%
N/A
N/A
Note (1)
Note (2)
See Ch. 1172
(d)   Day nurseries and kindergartens operated within a public or private school.
N/A
35%
N/A
N/A
N/A
N/A
N/A
(e)   Churches.
2 acres
35%
N/A
N/A
Note (1)
Note (2)
See Ch. 1172
(f)   Nonprofit educational or cultural uses similar in nature to those referred to in paragraphs (b) and (c) hereof, provided application is made to and allowed by the Planning Commission and Council. Dormitories of other buildings primarily for rent or hire, whether such rent is paid directly or indirectly, are not permitted.
5 acres
35%
N/A
N/A
Note (1)
Note (2)
See Ch. 1172
(g)   Nonprofit and private parks and recreational facilities such as golf courses, tennis and swimming.
10 acres
35%
N/A
N/A
Note (3)
Note (2)
See Ch. 1172
(h)   Group residential facilities/group homes, provided that such facility or group home must be at least 1,000 feet from another (see Sections 1385.03 and 1385.04 of the Building and Housing Code).
.23 acres
35%
N/A
See 1385.03
Note (1)
Note (2)
See Ch. 1172
(i)      Assisted Living (See Art. VIII, §3 of the City Charter)
3 acres
35%
1750 sq. ft.
25 unitsper acres
Note (1)
Notes (2) & (4)
See Ch. 1172
1   To be determined by the City Planning Commission and recommended to the City Council.
2   The maximum height shall be the height for the district in which the use is proposed as indicated on the Official Zoning Map of the City.
3   All areas not covered by permitted buildings, structures and other approved site features such as walks and/or drives shall be landscaped.
4   If a proposed assisted living development abuts a zoning district on at least one side, other than a Two-Acre, One-Acre or Ten-Thousand Square Foot District, the Planning Commission may permit the height to be increased to a height not to exceed the maximum of the permitted height on said adjoining district, provided such height increase will not adversely affect the other abutting zoning districts.
(Ord. 96-61. Passed 4-21-97.)

1160.07 UNDERGROUND UTILITIES.

   All utility features which can be underground shall be underground. City street lighting, if any, shall be underground fed.
(Ord. 96-61. Passed 4-21-97.)

1160.08 PROHIBITED USES.

   The following uses are prohibited in all Single-Family Residential Districts:
   (a)   The maintenance or harboring of livestock or fowl.
   (b)   The storage, processing or salvaging of discarded lumber or other building material, or of any other kind of material, the wrecking or dismantling of motor vehicles, and junk yards of any description. In addition, these uses may not be authorized by the Board of Zoning Appeals.
   (c)   The placement on any lot or premises within the City of tents, camp cars, trailers, dining cars or similar facilities and the use of such facilities for living, business or commercial purposes or for accessory uses. Their use shall not be authorized by the Board of Zoning Appeals. Construction of shanties or trailers used in conjunction with construction activities may be permitted with the approval of the Building Commissioner.
      (Ord. 96-61. Passed 4-21-97.)

1160.09 ARCHITECTURAL PROJECTIONS.

   (a)   No portion of any building or structure may project in front of the front setback building line, except the following:
      (1)   Unenclosed steps or landings not to exceed thirty-five square foot maximum;
      (2)   Cornices and belt courses, provided that they project no more than eighteen inches into the required front yard;
      (3)   Entrance canopies and similar overhanging roofed spaces and chimneys, porticos or bays projecting not more than three feet exclusive of cornices and aggregating a vertical area in any story of not more than thirty-five percent of the area of the front of that story, provided these projections are not closer to the street line than seventy feet in the Two-Acre Single- Family District, sixty feet in the One-Acre Single-Family District, and thirty-five feet in the Ten Thousand Square Foot Single-Family District; and
      (4)   Retaining walls, if the location and height are approved by the Building Commissioner.
   (b)   Window sills, belt courses or other ornamental features may project into any side yard to an extent not exceeding six inches. Chimneys or cornices may project into a required side yard not more than eighteen inches in the Two-Acre and One-Acre Single-Family Districts and 10,000 Square Foot Districts only.
   (c)   Except as provided in subsections (a) and (b) hereof, open structures, such as porches, patios, decks, balconies, platforms, carports, covered patios and similar architectural projections, shall not project into any required minimum front, side or rear yard.
(Ord. 96-61. Passed 4-21-97.)

1160.10 CORNER LOTS.

   In the Two-Acre and One-Acre Single-Family Districts, the side yard for a corner lot shall be not less than thirty feet from the abutting street line in order to permit a side yard at or as near as possible to the contiguous street setback building line, as determined by the Building Commissioner. (Ord. 96-61. Passed 4-21-97.)