1.

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than those uses permitted in the district in which the building or land is located.

2.

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless masts, water tanks or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than 25 feet the height limits of the district in which it is located, except that aerials or antennas designed to aid home television reception may be erected to a height not to exceed 60 feet from the ground level, provided said aerial or antenna is attached to the building or erected in the rear yard area.

3.

No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the specifications and regulations of the district in which the building is located.

4.

No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this ordinance, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building.

[a.]

An open terrace, but not including a roofed over porch or terrace, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than 15 feet. A one-story bay window may project into a front yard not more than three feet. Overhanging eaves, including gutters, may project over the minimum required side yard not more than 18 inches.

[b.]

The minimum yards or other open spaces, including lot areas per family required by this ordinance for each and every building existing at the time of passage of this ordinance and for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.

5.

Every building erected or structurally altered to provide dwellings shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this ordinance.

6.

No building shall be constructed or erected upon a lot, or parcel of land, which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of 25 feet unless an easement of lesser width was of record prior to the adoption of this ordinance.

7.

The construction of metal buildings is allowed within the B-1, Business and the C-1, commercial zones; however, the metal buildings must be constructed not less than 50 percent of an approved facade material(s). Approved facade materials that may be used on buildings or structures in these zones, individually or in combination, include:

a.

Natural stone.

b.

Brick.

c.

Stucco or similar exterior finishing system.

d.

Pre-cast concrete panels which are painted or integrally colored.

e.

Exposed aggregate concrete.

Structures existing prior to the effective date of this ordinance shall not be required to be altered, repaired or modified to meet existing design criteria unless substantial exterior facade or structural renovations are planned by the property owner. "Substantial facade or structural renovations" are defined as changes or renovations to 25 percent or more of any facade of the structure or improvements facing a public right-of-way, street or roadway.

8.

No wall, fence or shrubbery shall be erected, maintained or planted on any lot which unreasonably obstructs or interfaces with traffic visibility on a curve or at any street intersection. No fence shall extend further than the closest part of a residence toward a property street frontage.

9.

A dwelling shall not be erected in the M-1, industrial district; however, the sleeping quarters of a watchman or caretaker are permitted.

10.

No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling; except that in a two-story garage with living quarters upon the second floor, such quarters may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guest house (without kitchen) or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit.

11.

An area indicated on the official "zoning map" as a public park or recreation area, public utility area, cemetery, public school site, or semi-public open space, shall not be used for any other purpose, and when the use of the area is discontinued, it shall automatically be rezoned "R-1, single-family residence," until otherwise rezoned.

12.

Any area annexed to the city shall, upon such annexation, be automatically rezoned "R-1, single-family residence," until otherwise zoned.

13.

The boundaries and current zoning classification of all areas within the city shall be shown on a map hereafter referred to as the zoning map of this city. The zoning map is a part of this ordinance and shall be on file in the office of the city secretary.

14.

No house trailer, or mobile home, shall be located anywhere in the city, except as a conditional use subject to the provisions of this ordinance, and any sales offices for the aforementioned shall only be in C-1 zones.

15.

No excavations for sand, gravel or other raw materials which would relieve or lower the surface and elevation of the material ground line or which would hamper surface uses for building purposes shall be permitted in the City of Richwood.

16.

Trees and landscaping.

(a)

Purpose.

1.

For the purpose of providing for the orderly, safe and healthful development of land located within the city limits and promoting the health, safety and general welfare of the community, it is necessary to establish requirements for the installation and maintenance of landscaping elements and other site improvements.

2.

Paved surfaces, automobiles, buildings and other improvements all produce great increases in air temperatures, a problem especially noticeable in this coastal region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from erosion and flooding.

3.

Preserving and improving the natural environment and maintaining a working ecological balance are significant concerns to the community. The fact that landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, and noise, glare and heat abatement as well as the preservation of the community's aesthetic qualities indicates that the use of landscape elements benefits the health, welfare and general well-being of the community, and, therefore, it is proper that the use of the landscape elements be required.

(b)

Landscaping requirements for nonresidential, multiple-family and single-family development. The following requirements regarding trees and landscaping shall be applicable for nonresidential, multiple-family and single-family development:

1.

Minimum area. No building permit shall be issued unless a landscape plan is submitted together with an application for a building permit which shows a minimum area, as shown below, of the building site is devoted to landscape developed with landscaping which shall include greenery, shrubbery and trees.

Note: Percentages are based on the total gross lot area.

2.

Number of trees. The required number of trees on the building site shall be as follows:

3.

Approved plants. Trees, shrubbery and ground cover utilized shall be limited to those published on the approved list made a part hereof and reviewed annually by the city's beautification commission and the planning and zoning commission. Trees planted to meet the requirements of this subsection shall be at least 50 percent large trees, as defined below.

4.

Minimum diameter.

a.

Large trees planted to meet the requirements set forth herein shall be a minimum of 30 gallon size with a minimum diameter of three inches as measured one foot above the ground level.

b.

Small trees planted to meet the requirements set forth herein shall be a minimum of 15 gallon size with a minimum diameter of two inches as measured one foot above the ground level.

5.

Screening of parking areas. Landscaping shall be required for the screening of parking areas from an abutting public right-of-way by a continuous hedge or berm.

a.

Front yard parking areas and side yard parking areas fronting on a street right-of-way shall be screened from the right-of-way by a continuous hedge or berm.

b.

The side yard of any lot that contains a parking area abutting a property used or zoned for nonresidential use shall provide a screen of hedges, berms or fences so as to provide a screen for a minimum of 35 percent of the length of the parking lot. The required side lot screening may be grouped and dispersed randomly.

c.

The minimum number of shrubs shall be equal to the total caliper inches of street trees required under this division multiplied by five. Shrubs and berms shall be maintained at a height of no more than 36 inches nor less than 18 inches as measured from the surrounding soil line.

d.

A nonresidential development that has a shared parking area with an adjacent nonresidential development shall not be required to screen such shared parking area in relation to the abutting side yard. The alternate side yard abutting a public right-of-way, however, shall be screened in accordance with this subsection above.

e.

Each required tree and required landscaping shall be planted in a landscaped area of at least 36 square feet with a minimum dimension of six feet.

6.

Interior of parking areas. Interior landscaping shall be required to be integrated into the overall design of the surface parking area in such a manner that it will assist in defining parking slots, pedestrian paths, driveways, and internal collector lanes, in limiting points of ingress and egress, and in separating parking pavement from street alignments.

a.

In addition to street trees required under subsection 4 above [subsection 16.(b)4 of this subsection], trees with a minimum two-inch (measured 12 [inches] above the root ball) caliper shall be provided within or adjacent to the parking area at tree islands that:

[i.]

Are at least nine feet wide;

[ii.]

Each have a square footage at least equal to the total area of one parking space;

[iii.]

Are located so that no parking space is further away than 100 feet from a tree island.

b.

Tree islands must be protected from vehicle intrusion by curbs or similar structures. Two feet of the tree island may be counted as part of the required depth of the abutting parking space.

c.

The total caliper inches shall equal two inches for each ten parking spaces.

d.

Caliper inches of street and parking lot trees may be provided by planting a combination of trees that exceed the minimum two-inch caliper, as measured 12 inches above the root ball.

7.

Landscaping within single-family developments. The following are minimum landscaping requirements for single-family lots and developments:

a.

Tree by lot requirements. Each single-family lot shall have two large shade trees placed thereon with a minimum two-inch caliper, measured at 12 inches above the root ball, and a minimum six feet in height at the time of planting.

b.

Additional requirements. Solid vegetative ground cover or lawn for the entirety of the lot that is not otherwise covered by building(s) and/or driveway area(s).

c.

Street tree requirements. In addition to the requirements in a. and b. above [subsection 16.(b)7.a and b of this subsection], trees are required along all streets within single-family developments as follows:

Large shade trees with a minimum two-inch caliper measured at 12 inches above the root ball shall be provided, with the total caliper inches equal to at least one inch for each 40 feet of frontage.

17.

Home occupations.

1.

Uses permitted. Home occupations may only be conducted in the home within the limits of the following:

a.

A home occupation must be conducted entirely within the enclosed accessory structure, or one attached or detached garage.

b.

Participation in a home occupation is limited to the occupants of the dwelling unit, except that one natural person who is not an occupant may participate if off-street parking is provided for that natural person.

c.

The residential character of the lot and dwelling must be maintained. A home occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is prohibited. This prohibition does not apply to modifications to comply with accessibility requirements.

d.

For home occupations only, one additional vehicle, not owned by the individual(s), or their dependents, holding record title to the real property, can be parked on the premises subject to this section, which shall not be permitted to park on unimproved surfaces. An unimproved surface includes any surface not concrete, asphalt or an area depth of six inches of gravel with a border. All tires of the vehicle must not rest on any portion of an unimproved surface.

2.

Prohibited uses. The following are prohibited as home occupations: veterinary uses (including boarding); medical services; dental services; chiropractic services; contractors yards; dance studios; garage or yard sales (except that as many as four per year may be held); scrap and salvage services; mortician or hearse services; restaurants; cocktail lounges; rental outlets; equipment sales; adult oriented businesses; manufacture or sale of product regulated by the FDA, ATF, or other federal and state regulators; recycling centers; drop-off recycling collection facilities; an activity requiring a variance under Richwood Uniform Building Code; and any other service or profession affecting the use and enjoyment of other property owners.

3.

Use restrictions. In addition to the requirements of the appropriate section of this chapter, a home occupation shall comply with the following restrictions:

a.

A home occupation may not generate customer-related vehicular traffic that impedes normal residential traffic flow or city streets for parking, pick up, or drop off of people, goods or services.

b.

Equipment or materials associated with the home occupation must not be visible from locations off the premises, including merchandise displays.

c.

A home occupation may not produce noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference, or waste run-off outside the dwelling unit or garage in violation of City of Richwood nuisance ordinances.

d.

Parking a commercial vehicle on a street adjacent to residentially zoned property is prohibited. A commercial vehicle shall include any vehicle requiring a commercial driver's license, or vehicle primarily used for commercial purposes.

e.

A home occupation shall in no way destroy, restrict or interfere with the primary use of the home as a place of residence.

f.

No home occupation shall be permitted which is noxious or offensive to a person of ordinary sensitivity or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emission.

4.

Advertising. No sign advertising the home occupation shall be allowed on or off the premises. Advertising the street address of a home occupation through signs, billboards, television, radio, web, social media or newspapers is also prohibited. In addition thereto, no exterior alterations that are commercial in appearance are permitted. Interior alterations shall be permitted so long as alterations do not affect the residential use of the home.

5.

Preexisting day care facilities. Day care facilities operating prior to June 1, 1992, which are permitted for more than 12 persons may continue to exist or operate, provided that such facilities do not modify the terms and conditions of their current license with regard to owner and number of clients.

(Ord. No. 324-15A, 8-10-2015; Ord. No. 18-426, § 2, 5-14-2018)