Pleasant Valley City Zoning Code
SECTION 400
070 District "R-1" - One-Family Dwelling.
[Ord. No. 284 §7, 9-21-1964; Ord. No. 1575 §1, 9-3-1991; Ord. No. 2655 §§2 — 3, 4-20-2004; Ord. No. 3025, 12-6-2010; Ord. No. 3027, 12-6-2010]
A.
Permitted Uses. In District "R-1" no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses: (For exceptions see Section 400.180, "Non-Conforming Uses"; and Section 400.290, "Powers and Duties of the Board of Zoning Adjustment").
[Ord. No. 3182 §1, 8-26-2015]
1.
Dwellings, one-family.
2.
Churches and publicly owned and operated community buildings, public museums, public administrative building and public libraries, if located in accordance with at least one (1) of the following:
a.
On a lot already devoted to the use for which building permit is requested.
b.
On a lot having a side line common to a public park, playground, or cemetery, or directly across a street from any one (1) or combination of said uses.
c.
On a corner lot having a minimum of one hundred (100) feet frontage.
d.
On a lot three (3) sides of which adjoin streets.
e.
On a lot approved by the Planning and Zoning Commission, following public hearing, as being a location where such building will not materially injure neighboring property for residential use.
3.
Public parks and playgrounds, including public recreation or service buildings within such parks; police and fire stations.
4.
Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Private country clubs, golf courses, and clubhouses appurtenant thereto, (except miniature golf courses, driving ranges and other similar activities operated as a business).
6.
Railroad rights-of-way, not including railroad yards.
7.
Agriculture.
8.
Nurseries, and truck gardens limited to the propagation and cultivation of plants; provided no retail or wholesale business shall be conducted upon the premises, and provided that no obnoxious soil or fertilizer renovation is conducted thereon. Greenhouses may be constructed upon approval of the Planning and Zoning Commission under such regulations as the Commission may impose as to size, location, or other conditions.
9.
Accessory uses, including automobile parking areas, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business or industry.
a.
(Reserved)
b.
A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except that the placing of an illuminated "For Sale" or "For Rent" sign not more than eight (8) square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a building one (1) non-illuminated sign showing the names of contractors or architects for such buildings shall be permitted, providing such sign shall not be more than eight (8) feet square in area, and shall not be set more than five (5) feet in front of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
c.
For any dwelling house there shall be permitted one (1) private garage with space for not more than one (1) motor vehicle for each two thousand (2,000) square feet of lot area, or an accessory building, provided that such garage, or accessory building, shall be located not less than sixty (60) feet from the front lot line, nor less than six (6) feet from any side or rear lot line. In the case of corner lots, not less than the distance required for residences from side streets. A garage, or accessory building constructed as an integral part of the main building, shall be subject to the regulation affecting the main building, except that on a corner lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than eighteen (18) feet from the rear lot line, and shall not occupy more than thirty percent (30%) of the required rear yard. No part of a detached garage, or accessory building, shall be closer than ten (10) feet to the main building.
[Ord. No. 3466, 8-15-2022]
d.
Stables — private stables. A detached accessory building for the housing or horses, ponies or mules owned by the occupants of the premises and not kept for renumeration, hire or sale. A private stable, if located not less than one hundred (100) feet from a center street line nor less than fifty (50) feet from a side or rear lot line. It shall provide capacity for not more than one (1) horse, mule, or pony for each ten thousand (10,000) square feet of lot area, but no more than a total of two (2) of the above mentioned animals shall be allowed. Twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet of lot area. No such fowl shall be kept or housed nearer than one hundred (100) feet from the front lot line or thirty (30) feet from any side or rear lot line.
e.
Community garages may be permitted by the Board. Such community garages may provide facilities for washing cars; and access thereto, if from the street shall be by not more than one (1) driveway. Such garages shall be at least six (6) feet from any party lot line and shall be set back from any front or side street line at least ten (10) feet more than would be required for a dwelling house in the same location, and shall be not over one (1) story or sixteen (16) feet high. No commercial vehicle of more than two and one-half (2½) tons capacity shall be housed in any such community garage.
f.
Temporary buildings such as real estate offices, contractors' sheds and buildings of like character will be permitted during the construction of buildings or sale of property, but not to exceed six (6) months, approval to be obtained from the Board of Aldermen.
g.
A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation; provided that the articles produced or constructed are not sold either on or off the premises, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.
h.
Private swimming pools having a water depth of two (2) feet or more, provided the following conditions are met:
(1)
If located not less than ten (10) feet away from any rear or side line, and in the case of corner lots, not less than fifteen (15) feet from a side street line and at least twenty (20) feet from a principal building on an adjoining lot.
(2)
No private swimming pool shall extend forward of the established building line.
(3)
If located in the side yard, it shall not be less than sixty (60) feet from the front line, and it shall be fifteen (15) feet from the side line.
(4)
The swimming pool area shall be entirely enclosed and separated from the remainder of the property by a protective fence or other permanent structure at least four (4) feet in height.
(5)
The pool installation must comply with the City Sanitary and Plumbing Codes.
(6)
Such protective enclosure shall be maintained by locked gates or entrances when the pool is not tended by a qualified and responsible person.
i.
Home occupations are permitted in residential districts provided such use meets the following requirements:
(1)
No outdoor storage of materials.
(2)
No parking of commercial vehicles or commercial deliveries.
(3)
No patrons or any other evidence of the occupation will be discernible at the perimeter of the property.
(4)
The occupation will not produce any obnoxious or offensive vibration, noise, odor, dust, smoke or fumes.
(5)
No signs advertising the occupation may be erected on the property.
(6)
The residential appearance of the dwelling shall not be changed by alterations of additions for business or commercial uses and the business shall not occupy more than twenty-five percent (25%) of the total floor area.
(7)
Such home occupation shall be carried on exclusively by members of the family actually residing in the dwelling, and no persons not residing in such dwelling shall be employed in or assist in such home occupation.
(8)
The person proposing to conduct a home occupation has obtained an occupation license as required for the business to be conducted and has submitted to the City Clerk an application form agreeing to compliance with these standards.
C.
Dimensions Of Lots And Yards. In District "R-1" the height of the buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: (For exceptions see Section 400.200, "Height and Area Exceptions").
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet, and shall not exceed two and one-half (2½) stories in height.
2.
Front yards. The front yards in these districts shall have a minimum depth, not less than thirty (30) feet.
3.
Side yards.
a.
There shall be a side yard on each side of every building, except an accessory building, with a minimum width of not less than ten percent (10%) of the width of the lot, but need be no more than ten (10) feet. Such side yard shall not be less than six (6) feet.
b.
On a corner lot, the side yard regulation shall be the same as for interior lots, except in the case of reversed frontage where interior lots have been platted or sold fronting on the side street. In this case, there shall be a side yard on the street side of the corner lot not less than one-half (½) of the front yard required in Subparagraph (a) above.
5.
Width of lot. The minimum width of a lot for residential development shall be seventy-five (75) feet from a rectangular lot and not less than seventy-five (75) feet at the front building line for lots whose side lines are radial to curved streets and the depth of the lot shall not be less than one hundred sixty-five (165) feet, except in an unusual situation. Excessive depth in relation to width shall be avoided.
6.
Lot area. No building shall be erected, altered or enlarged to accommodate or make provision for less than a minimum twelve thousand five hundred (12,500) square feet of lot area per family, when connected to a public sewer system, subject to approval by the Board of Aldermen of Pleasant Valley and the City Sanitation Engineer.