Buildings, structures or land shall be used, and buildings or structures shall be erected, altered, enlarged or designed to be used, in whole or in part, only in accordance with the regulations for Residential Districts set forth in this chapter.

(Ord.79-0-14. Passed 7-24-79.)

   The following buildings and uses are permitted in Single-Family Districts:

   (a)    One-family dwellings;

   (b)   Parks and other public recreation uses;

   (c)   Institutions, churches, schools and publicly owned buildings;

   (d)   Public utilities, water and gas mains and conduits. Telephone, telegraph, electric light and power lines if carrying less than 5, 000 volts are permitted on public highways or easements along lot lines of a subdivision. Power lines carrying more than 5, 000 volts, water and gas mains if not on public highways, and railroad tracks and yards shall not be erected, altered, repaired or used unless the location is found to be not detrimental to residential developments or will not interfere with the layout of future subdivisions, and a conditional use permit is obtained.

   (e)   Other uses, such as cemeteries, accessory living quarters, greenhouses, golf courses, homes for the aged, hospitals or sanitariums (except hospitals or sanitariums for contagious, mental, drug or liquor addict cases) may also be permitted if they are deemed essential or desirable to the public convenience or welfare, if a conditional use permit is issued, and subject to such conditions as may be required to preserve the character of the community.

   (f)   Accessory buildings, including private garages, provided that the accessory buildings are constructed after the main building; and

   (g)   Uses customarily incident to any of the uses set forth in this section, including home occupations or professional offices.

(Ord.79-0-14. Passed 7-24-79.)

   The following buildings and uses are permitted in Multifamily Districts:

   (a)   Two-family dwellings;

   (b)   Group or row houses, and garden-apartments; and (c) Tourist homes.

(Ord.79-0-14. Passed 7-24-79.)

 

 

   The required minimum area and yard regulations set forth in the schedule provided in Section 1252.04, where indicated, are further defined as follows.

   (a)   The front yard shall be not less than forty feet unless otherwise shown on the Zoning Map.

   (b)   The minimum lot area required for each dwelling unit of a one-family dwelling, two-family dwelling, group house or apartment varies in each Residential District in accordance with such schedule.

   (c)   Side yards for group houses and apartments are hereby established for small scale development, comprising one building, and for large scale development, comprising two or more buildings or a lot at least 20,000 square feet in area and not subdivided into the usual streets and lots. For the purpose of determining side yards, the longitudinal wall of the building containing the main entrance shall be known as the front wall, and the opposite walls shall be known as the rear wall. Other walls, which do not contain all the windows of a habitable room, shall be known as second walls. If containing all the windows of a habitable room they shall be either front or rear walls.

      (1)   Small scale development. The minimum distance from a side lot line to the front or rear wall shall be not less than twenty-five feet and to an end wall not less than ten feet, for a one-story multifamily building, and increased five feet for each additional story.

      (2)   Large scale development. The minimum distance between front walls, between front and rear walls or between rear walls shall be not less than fifty feet for a one-story multifamily building. The minimum distance between end walls shall be not less than twenty feet for a one-story building, and the minimum distance between an end wall and front wall or rear wall shall be not less than thirty feet for a one-story building. In each of such relations, the distance shall be increased five feet for each additional story. The minimum distance from building to front, side and rear lot lines shall be not less than required for small scale development in paragraph (c)(1) hereof.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Main Buildings. Every one-family building shall be located and maintained on a lot, having a street frontage, and all parts of such building shall be connected in a substantial manner by common walls or a continuous roof. There shall be not more than one such main building on a single-family residential lo

   (b)   Maintenance of Required Area. No portion of a lot, necessary to provide the required area per dwelling unit, shall be separated from the portion of the lot upon which the building containing dwelling units is located, or considered as providing the required area for another building.

   (c)   Accessory Buildings. No accessory building shall be structurally altered, converted, enlarged or maintained for the purpose of providing living quarters or dwelling units unless such accessory building and all enlargements thereof are made to conform to all the regulations of this Zoning Code for main buildings.

(Ord.79-0-14. Passed 7-24-99; Ord.2002-0-10. Passed 6-25-02.)

   (a)   Any parcel of land, which as of September 14, 1955, is recorded in the office of the County Recorder, may be used for a building site for a dwelling of the character permitted in the district even though such parcel is not of the area or width required for each lot in such district, provided that all other regulations for such district as prescribed by this Zoning Code, Part Fourteen - the Building and Housing Code and the Regulations of the County Board of Health shall be complied with, and provided further that the front, side and rear yards on any such parcel shall have a width not less than the width required in such district. However, if two or more contiguous lots from thirty-five to thirty-nine feet wide, three or more contiguous lots from forty to forty-four feet wide, or four or more contiguous lots from forty-five to fifty feet wide are under single ownership as of September 14, 1955, or if adjacent property can be equitable acquired, the lots shall be enlarged to the standards of the district before developing.

   (b)   In the case of a single parcel not permitted as a building site within a district by reason of its size or area, where an applicant for a permit can establish certain conditions, the Planning and Zoning Commission may consider an additional exception to allow a permit upon its satisfaction that the applicant has established that he has made a diligent effort to secure sufficient adjacent property equitably, but without success in a good faith effort to comply with City requirements.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Limitation on Use. No required yard or other open space around an existing building or which is hereafter provided around any building shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.

   (b)   Separation of Ownership Prohibited. No required yard or other open space around an existing building shall be separated in ownership from the portion of the lot upon which the building is located.

   (c)   Side Yards on Corner Lots,. The side yard on the street side of a corner lot shall be not less than the width required by the setback building line for the adjacent buildings facing the side street, subject to those exemptions permitted under subsection (f) hereof.

   (d)   Modifications. Where the yard regulations cannot reasonably be complied with or where their application cannot be determined on lots of peculiar shape, topography or location, such regulations may be modified as determined by the Board of Zoning Appeals.

   (e)   Front Yards of Partially Built-up Streets. Where twenty percent or more of the aggregate street frontage of the abutting property between two successive intersecting streets is occupied by buildings, the average of the setbacks of the existing buildings within 100 feet on either side of the lot shall determine the setback line for that lot.

(Ord.79-0-14. Passed 7-24-79; Ord.85-0-3. Passed 4-23-85.)

   (f)   Exemptions. Any parcel of land which is included as a sublot in any subdivision recorded in the office of the County Recorder as of September 14, 1955, and which is improved by a dwelling, including accessory buildings, may be exempt from the yard regulations specified in this chapter and in Section 1244.05(c)(3) under those circumstances where the Board of Zoning Appeals determines that an unlimited variance will not be contrary to the public interest and that the refusal to grant such variance will deprive the owner of the reasonable use of his or her property.

   Any parcel of land which is included as a sublot in any subdivision recorded in the office of the County Recorder as of September 14, 1955, which was not improved by a building as of September 14, 1955, including accessory buildings, may be exempt from the yard regulations specified in this chapter and in Section 1244.05(c)(3) under those circumstances where the Board of Zoning Appeals determines that an unlimited variance will not be contrary to the public interest and that the refusal to grant such a variance will deprive the owner of the reasonable use of his or her property, provided that, after the grant of any such variance, the maximum area of the lot that is covered by structures, including accessory buildings, is not more than thirty percent of the total lot area.

(Ord.97-0-14. Passed 1-13-98.)

   Where an entire street frontage is planned and developed as a unit with one-family dwellings, the following provisions may apply if first approved by the Planning and Zoning Commission.

   (a)   The front yard requirements may be varied by not more than ten feet in either direction (i.e. from twenty to forty feet in the case of a required front yard of thirty feet), provided that the average front yard for the entire frontage is not less than the minimum front yard required in the district.

   (b)   The side yard requirements may also be varied, provided that the sum or total combined width of the two side yards of a lot is not less than that required for a lot in the district, that no side yard is less than three feet and that the minimum distance between the walls of buildings on adjacent lots is not less than six feet if two garages are opposite to each other, or less than twenty feet if habitable rooms are opposite to each other.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Cornices, eaves, belt courses, sills, canopies or other similar horizontal features may extend or project into a required side yard not more than two inches for each foot of width of such yard and may extend or project into a required front or rear yard not more than thirty inches. Chimneys may also project into a required front, side or rear yard not more than one and one-half feet. However, no other vertical projections, such as bay windows, may project into the required yards.

   (a)    Front Yards and Corner Lots.

      (1)   As used in this section, "vision-impairing fence" includes any fence, hedge, grouping of trees, bushes or plants or other type obstruction, which impedes the ability of pedestrians, especially children, to see oncoming objects approaching from the opposite side, or impedes the ability of such oncoming objects to see pedestrians, especially children, when such pedestrians are on the front or side sidewalk or other part of the dedicated area of the street commonly used for pedestrian traffic.

      (2)   The erection, planting or growth of any vision-impairing fence in excess of two feet in height, or the growth of any hedges, trees, bushes, plants or combination thereof into a vision-impairing fence in excess of two feet in height shall be prohibited if such fence is located in the area between the front or side sidewalk or other part of the street commonly used for pedestrian traffic, and the front or side yard setback lines of the house. Split-rail type fences not more than three feet, six inches in height shall be permitted in such areas, but are subject to the provisions of subsection (d) hereof.

   (b)   Other Yard Area Locations.

      (1)   The erection, planting or growth of any fence in excess of six feet in height or the growth of any hedges, trees, bushes, plants or combination thereof into a solid fence in excess of six feet in height shall be prohibited.

      (2)   Fences between, parallel with and adjacent to habitable dwellings shall be permitted, but such fence heights shall be equal to the distance from the dwelling to the line of the fence. In no case shall the fence exceed six feet in height, except as provided in subsection (d) hereof.

   Institutional buildings, where permitted in Residential or other districts, may be erected, enlarged or used only if minimum side yards are provided as follows.

   (a)   A sanitarium, school, hospital or similar institutional building shall be located at least 100 feet from the side lot lines.

   (b)   A church, library, museum or similar institution shall be located at least fifty feet from the side lot lines.

   (c)   A home for the aged shall be located at least twenty-five feet from the side lot lines.

(Ord.79-0-14. Passed 7-24-79.)

   The height of chimneys, church spires, ornamental towers, flag poles, radio antennae, water tanks and other permitted mechanical appurtenances are limited to a height not exceeding seventy-five feet above the finished grade when erected upon or an integral part of a building.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   In the Single-Family Districts A-i, A-2 and B, no residence of one story only shall have a livable floor area of less than 1, 400 square feet, and if more than one story it shall have not less than 1, 900 square feet of livable floor area.

   (b)   In the Single-Family District C, no residence shall have livable floor area of less than 1,100 square feet.

   (c)   In the Single-Family Districts D and E, no residence shall have a livable floor area of less than 1, 056 square feet.

   (d)   Livable floor area is defined as the sum of the gross floor areas of living space, including any square footage of laundry rooms in excess of ten square feet and excluding basements, porches, utility and general storage rooms, breezeways and garages. Livable floor areas shall be measured from centerline to centerline of partition walls and from exterior wall lines, front and rear.

   (e)   The minimum livable floor areas established in subsections (b) and (c) hereof shall not be reduced by either the Planning and Zoning Commission or the Board of Zoning Appeals.

   (f)   The limitations provided in subsections (a), (b), (c) and (d) hereof shall constitute minimum requirements on bulk. The ceiling height of every room constituting livable ground floor area shall not be less than seven and one-half feet from the floor line. No upper floor area ceiling shall be less than seven and one-half feet, provided that where sloping ceiling lines are employed in sleeping rooms, the ceiling height thereof shall not be less than seven and one-half feet above the floor line, which height shall be maintained over one-half of the ceiling area.

   (g)   In those Residential Districts for which permits have been issued to build on isolated forty to forty-five foot wide lots, other than one-story homes, such permits shall be restricted to homes containing a total of 1, 300 square feet of living area, with a minimum foundation size containing 650 square feet including allowance for a heater and utility room, but exclusive of basement, garage, breezeway and porch.

(Ord.82-0-13. Passed 9-28-82.)

   Accessory buildings may be erected or maintained and existing accessory buildings may be structurally altered, converted, enlarged, moved or maintained only if such accessory buildings are located in conformance with the following regulations:

   (a)   In the Single-Family and Multifamily Districts, an accessory building shall be located not less than seventy feet from the front lot line and not less than five feet from the side lot line, except that garages may be located at the front set back line.

   (b)   In any Residential District, an accessory building located at the side of the main building shall be not less than five feet from such main building and not nearer to the side lot line than the width of the required side yard of the main building.

   (c)   In any Residential District, a private garage may be located in the required front yard of a lot having an excessive slope, provided that every portion of the garage building is at least five feet from the front lot line and approval is had from the Planning and Zoning Commission.

   (d)   On lots of insufficient depth to permit the location of an accessory building at least seventy-five feet from the front lot line in the Single-Family Districts, such accessory building may be nearer to the front lot line than such distances, if situated entirely on the rear one-half of the lot and all other regulations of this Zoning Code are complied with.

   (e)   Accessory buildings and garages in Single-Family Districts A-1, A-2 and B shall be located not nearer than five feet from the rear lot line. Accessory buildings and garages in Single-Family Districts C, D and E shall be located not nearer than three feet from the rear lot line.

(Ord.79-0-14. Passed 7-24-79.)

   Temporary shelters such as a basement space, camp cars, trailers, dining cars or similar facilities shall not be placed on lots or used for residential uses in any of the Residential Districts.

(Ord.79-0-14. Passed 7-24-79.)

   (EDITOR’S NOTE: Section 1252.17 was repealed by Ord. 2008-O-18, passed 10-28-08. See Chapter 1268 for current provisions regulating floodlights and exterior lighting.)