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Sparta City Zoning Code

RESIDENTIAL DISTRICTS

REGULATIONS

§ 155.050 R-1 ONE-FAMILY DWELLING DISTRICT.

   Within the R-1 One-Family Dwelling District, the regulations set forth in this section shall apply.
   (A)   Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any R-1 One-Family Dwelling District unless otherwise provided in this chapter, except for the following uses:
      (1)   One-family detached dwelling with a minimum floor area of 2,500 square feet; provided, however, that, home occupations as defined in § 155.004 of this chapter shall not be conducted within the R-1 One-Family Dwelling District and that modular homes as defined in § 155.004 shall not be a permitted use within the R-1 One-Family Dwelling District;
      (2)   Accessory use or building, as defined in § 155.004 of this chapter and as regulated by § 155.005 of this chapter;
      (3)   Off-street parking facilities, as required or permitted by §§ 155.125 through 155.139 of this chapter; and
      (4)   Signs subject to the following limitations:
         (a)   A sign or sign board not exceeding eight square feet in area, appertaining to the sale or lease of the premises or trespassing thereon; and
         (b)   A name plate, not exceeding two square feet in area.
   (B)   Height. The maximum height of buildings permitted shall be as follows: one-family detached dwellings: 30 feet, and not over two and one-half stories, except as provided in § 155.005 of this chapter.
   (C)   Lot size. Every building, except as otherwise provided herein hereafter, erected shall be on a lot having an area of not less than 20,000 square feet and a width at the established building line of not less than 100 feet, except as provided in § 155.005 of this chapter; and, provided further that, any building to contain any of the uses permitted in this district may be erected or constructed on a smaller lot of record.
   (D)   Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement.
      (1)   Front yard. Each lot upon which a building is constructed shall have a front yard of not less than 75 feet along federal and state rights-of-way; 40 feet along all others. Where a lot has double frontage, the required front yard shall be provided on both streets. The required front yard shall be computed by measurement from the centerline of the federal, state, street or other thoroughfare upon which the lot fronts.
      (2)   Side yard. On each lot upon which a building is constructed, except as provided otherwise herein, there shall be a side yard on each side of not less than 15 feet. Corner lots shall meet the front yard requirements on the street side on which the building or structure to be erected or enlarged shall front, and a side yard requirement of not less than one-half the front yard requirement on the other street side.
      (3)   Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than 35 feet, or 20% of the depth of the lot, whichever amount is larger, but it need not exceed 45 feet.
   (E)   Percentage of lot coverage. All buildings including accessory buildings shall not cover more than 30% of the area of the lot.
   (F)   Off-street parking facilities. Off-street parking facilities shall be provided as required or permitted in §§ 155.125 through 155.139 of this chapter.
(1994 Code, § 155.040) (Ord. 200, passed 4-28-1969; Ord. 212, passed 8-31-1970; Ord. 234, passed 7-10-1972; Ord. 97-02, passed 6-9-1997; Ord. 2024-03, passed 3-11-2024)

§ 155.051 R-2 ONE-FAMILY DWELLING DISTRICT.

   Within the R-2 One-Family Dwelling District, the regulations set forth in this section shall apply.
   (A)   Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any R-2 One-Family Dwelling District unless otherwise provided in this chapter, except for the following uses:
      (1)   One-family detached dwelling with a minimum floor area of 1,400 square feet, including modular homes, as defined in § 155.004 of this chapter;
      (2)   Modular homes, as defined in § 155.004 of this chapter;
      (3)   Small community residence; provided:
         (a) Off-street parking facilities shall be provided as required or permitted in §§ 155.125 through 155.133 of this chapter;
         (b) It is located not less than 600 feet from another small community residence and not less than 1,320 feet from a large community residence; and
         (c) Prior to occupancy, a certificate of zoning compliance is applied for and received.
      (4)   Home occupations, as defined in § 155.004 of this chapter;
      (5)   Public school, elementary and high, or private school having a curriculum similar to that ordinarily given in a public elementary school or public high school including religious instruction in parochial schools;
      (6)   Churches and similar places of worship;
      (7)   Convents, monasteries, rectories or parish houses to be occupied by not more than ten persons;
      (8)   Temporary buildings and uses for construction purposes for a period not to exceed one year;
      (9)   Accessory use or building, as defined in § 155.004 of this chapter and as regulated by § 155.005 of this chapter;
      (10)   Off-street parking facilities, as required or permitted by §§ 155.125 through 155.139 of this chapter; and
      (11)   Signs subject to the following limitations:
         (a) A sign or sign board not exceeding eight square feet in area, appertaining to the sale or lease of the premises or trespassing thereon;
         (b) A name plate, not exceeding two square feet in area; and
         (c) A sign or bulletin board not exceeding 60 square feet in area erected upon the premises of a church or other institution for the purpose of displaying the name and activities or services therein provided.
   (B)   Height. The maximum height of buildings permitted shall be as follows:
      (1)   One-family detached dwellings of 30 feet, and not over two and one-half stories, except as provided in § 155.005 of this chapter; and
      (2)   Churches and similar places of worship 75 feet for towers or steeples and not more than 45 feet for the principal building.
   (C)   Lot size.
      (1)   Every building, except as otherwise provided herein hereafter, erected shall be on a lot having an area of not less than 12,000 square feet, and a width at the established building line of not less than 80 feet, except as provided in § 155.005 of this chapter and provided further that any building to contain any of the uses permitted in this district may be erected or constructed on a smaller lot of record.
      (2)   Churches and similar places of worship hereafter erected or structurally altered shall be on a lot having an area of not less than one-half acre and a width at the building line of not less than 85 feet.
      (3)   For public and private schools, the same regulations shall apply as required or permitted in the A-1 Agricultural District.
   (D)   Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement.
      (1)   Front yard. Each lot upon which a building is constructed shall have a front yard of not less than 30 feet. Where a lot has double frontage, the required front yard shall be provided on both streets.
      (2)   Side yard.
         (a)   On each lot upon which a building is constructed, except as otherwise provided herein, there shall be a side yard on each side of not less than ten feet. Corner lots shall meet the front yard requirements on the street side on which the building or structure to be erected or enlarged shall front, and a side yard requirement of not less than one-half the front yard requirement on the other street side.
         (b)   On lots upon which a church or similar place of worship is constructed or extension made to an existing church or similar place of worship, there shall be a side yard of lot less than 15 feet on each side of the main structure.
      (3)   Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than 25 feet, or 20% of depth of lot, whichever is larger.
   (E)   Percentage of lot coverage. All buildings including accessory building shall not cover more than 30% of the area of the lot.
   (F)   Parking facilities. Parking facilities shall be provided as required or permitted in §§ 155.125 through 155.139 of this chapter.
(1994 Code, § 155.041) (Ord. 200, passed 4-28-1969; Ord. 212, passed 8-31-1970; Ord. 234, passed 7-10-1972; Ord. 97-02, passed 6-9-1997; Ord. 2024-03, passed 3-11-2024)

§ 155.052 R-3 ONE-FAMILY DWELLING DISTRICT.

   Within the R-3 One-Family Dwelling District, the regulations set forth in this section shall apply.
   (A)   Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any R-3 One-Family Dwelling District unless otherwise provided in this chapter, except for a use permitted in the R-2 One-Family Dwelling District; provided, every one-family detached dwelling shall have a minimum floor area of 1,200 square feet.
   (B)   Height. The same regulations shall apply as required or permitted in the R-2 One-Family Dwelling District.
   (C)   Lot size.
      (1)   Every building, except as otherwise provided herein hereafter, erected shall be on a lot having an area of not less than 7,200 square feet and a width at the established building line of not less than 60 feet, except as provided in § 155.005 of this chapter; and, provided further that, any building to contain any of the uses permitted in this district may be erected or constructed on a smaller lot of record.
      (2)   Churches and similar places of worship hereafter erected or structurally altered shall be on a lot having an area of not less than one-half acre and a width at the building line of not less than 85 feet.
      (3)   For public and private schools, the same regulations shall apply as required or permitted in the A-1 Agricultural District.
   (D)   Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement.
      (1)   Front yard. Each lot upon which a building is constructed shall have a front yard of not less than 30 feet. Where a lot has double frontage, the required front yard shall be provided on both streets.
      (2)   Side yard.
         (a)   Except as otherwise provided herein, on each lot upon which a building is constructed, there shall be a side yard on each side of not less than six feet or 10% of the width of the lot, whichever is larger, but it need not exceed eight feet. Corner lots shall meet the front yard requirements on the street side on which the building or structure to be erected or enlarged shall front, and a side yard requirement of not less than one-half the front yard requirement on the other street side.
         (b)   On lots upon which a church or similar place of worship is constructed or extension made to an existing church or similar place of worship, there shall be a side yard of not less than 15 feet of each side of the main structure.
      (3)   Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than 25 feet, or 20% of depth of lot, whichever is larger.
   (E)   Percentage of lot coverage. All buildings including accessory buildings shall not cover more than 30% of the area of the lot.
   (F)   Parking facilities. Parking facilities shall be provided as required or permitted in §§ 155.125 through 155.139 of this chapter.
(1994 Code, § 155.042) (Ord. 200, passed 4-28-1969; Ord. 212, passed 8-31-1970; Ord. 234, passed 7-10-1972; Ord. 97-02, passed 6-9-1997)

§ 155.053 R-4 MULTI-FAMILY DWELLING DISTRICT.

   Within the R-4 Multi-Family Dwelling District, the regulations set forth in this section shall apply.
   (A)   Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any R-4 Multi-Family Dwelling District unless otherwise provided in this chapter, except for the following uses:
      (1)   Any use permitted in the R-2 One-Family Dwelling District provided every one-family detached dwelling shall have a minimum floor area of 1,100 square feet;
      (2)   Two-family dwellings;
      (3)   Multiple dwellings not to exceed more than four dwelling units or apartments per 18,000 square feet in a block. A BLOCK for the purpose of establishing the density of multiple dwellings shall be a tract or parcel of land platted or otherwise surveyed, and enclosed within the four nearest intersecting streets, or otherwise bounded by a public park, cemetery, railroad right-of-way or a corporate boundary line of the city. Alleys shall not be considered boundaries for the purpose of determining the area of a block hereunder;
      (4)   Boarding house; and
      (5)   Manufactured homes (Type A).
   (B)   Height. The same regulations shall apply as required or permitted in the R-2 One-Family Dwelling District.
   (C)   Lot size.
      (1)   One-family dwelling. Every one-family dwelling except as otherwise provided hereinafter erected shall be on a lot having an areas of not less than 7,200 square feet, and a width at the established building line of not less than 60 feet, except as provided in § 155.005 of this chapter; and, provided further that, any one-family dwelling permitted in this district may be erected or constructed on a smaller lot of record.
      (2)   Two-family dwellings. Every two-family dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than 7,200 square feet or 3,600 square feet per dwelling unit, and a width at the building line of not less than 60 feet, except as provided in § 155.005 of this chapter.
      (3)   Multiple-family dwellings and row houses. Every building hereafter erected or structurally altered as a multi-family dwelling shall provide a lot area per dwelling unit of not less than 1,350 square feet and a width at the building line of not less than 50 feet, except as provided in subsequent sections of this chapter.
      (4)   Two- and multi-family dwellings. Where a lot of record has less area or width than herein required for two-family dwellings, multi-family dwellings, the lot may be used only for one-family dwelling purposes or for any of the other non-dwelling uses permitted by this section.
      (5)   Churches, places of worship. Churches and similar places of worship hereafter erected or structurally altered shall be on a lot having an area of not less than one-half acre and a width at the building line of not less than 85 feet.
      (6)   Public, private schools. Public and private schools the same regulations shall apply as required or permitted in the A-1 Agricultural District.
   (D)   Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement.
      (1)   Front yard. Each lot upon which a building is constructed shall have a front yard of not less than 30 feet. Where a lot has double frontage, the required front yard shall be provided on both streets.
      (2)   Side yard.
         (a)   Except as otherwise provided herein, on each lot upon which a building is constructed, there shall be a side yard on each lot of not less than six feet, or 10% of the width of the lot, whichever is larger, but it need not exceed eight feet. Corner lots shall meet the front yard requirements on the street side on which the building or structure to be erected or enlarged shall front, and a side yard requirement of not less than one-half the front yard requirement on the street side.
         (b)   On lots upon which a church or similar place of worship is constructed or extension made to an existing church or similar place of worship, there shall be a side yard of not less than 15 feet on each side of the main structure.
      (3)   Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than 25 feet, or 20% of the depth of the lot, whichever is smaller.
   (E)   Percentage of lot coverage. All buildings including accessory buildings shall not cover more than 40% of the lot.
   (F)   Parking facilities. Parking facilities shall be provided as required or permitted in §§ 155.125 through 155.139 of this chapter.
(1994 Code, § 155.043) (Ord. 200, passed 4-28-1969; Ord. 212, passed 8-31-1970; Ord. 234, passed 7-10-1972; Ord. 380, passed 12-15-1988; Ord. 399, passed 4-22-1991; Ord. 97-02, passed 6-9-1997; Ord. 99-09, passed 11-22-1999; Ord. 15-08, passed 8-10-2015)

§ 155.054 R-5 MULTI-FAMILY DWELLING DISTRICT.

   Within the R-5 Multi-Family Dwelling District, the regulations set forth in this section shall apply.
   (A)   Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within any R-5 Multi-Family Dwelling District unless otherwise provided in this chapter, except for the following uses:
      (1)   Any use permitted in the R-4 Multi-Family Dwelling District; provided, every one-family detached dwelling shall have a minimum floor area of 1,000 square feet;
      (2)   Mobile homes as defined herein; provided:
         (a)   The mobile home is owned by the owner of the real estate upon which the same is to be located;
         (b)   The mobile home is placed on a permanent foundation of concrete, mortared concrete block, mortared brick or upon piers extending into the ground below the frost line (the frost line within the city is hereby determined to be 30 inches);
         (c)   All wheels, tongue and hitch are removed and the mobile home is skirted with a fire-resistant material; and
         (d)   The mobile home is secured with an over the top tie-down and anchors capable of withstanding a vertical tension force of 4,800 pounds or as otherwise necessary for protection against high winds.
      (3)   Manufactured homes (Type B) as defined herein; provided:
         (a)   Such dwelling is owned by the owner of the real estate upon which the same is located;
         (b)   The Type B manufactured home is placed on a permanent foundation of concrete, mortared concrete block, mortared brick or upon piers, extending into the ground below the frost line (the frost line within the city is hereby determined to be 30 inches);
         (c)   All wheels and hitches are removed and the home is skirted with a fire-resistant material; and
         (d)   The home is secured with an over the top tie-down and anchors capable of withstanding a vertical tension force of 4,800 pounds or as otherwise necessary for protection against high winds.
   (B)   Height. The same regulations shall apply as required or permitted in the R-4 Multi-Family Dwelling District.
   (C)   Lot size. The same regulations shall apply as required or permitted in the R-4 Multi-Family Dwelling District; provided, mobile homes shall be on a lot having an area of not less than 7,200 square feet and a width at the established building line of not less than 60 feet, except as provided in § 155.005 of this chapter; and, provided further that, any mobile home permitted in this district may be erected or located on a smaller lot of record.
   (D)   Yard areas. The same regulations shall apply as required or permitted in the R-4 Multi-Family Dwelling District.
   (E)   Percentage of lot coverage. All buildings and mobile homes, including accessory buildings, shall not cover more than 40% of the lot.
   (F)   Parking facilities. Parking facilities shall be provided as required or permitted in §§ 155.125 through 155.139 of this chapter.
(1994 Code, § 155.044) (Ord. 200, passed 4-28-1969; Ord. 322, passed 11-8-1982; Ord. 411, passed 11-12-1991; Ord. 97-02, passed 6-9-1997; Ord. 99-09, passed 11-22-1999; Ord. 15-08, passed 8-10-2015)

§ 155.055 INCIDENTAL SALES ON RESIDENTIAL PROPERTY.

   Incidental sales, as defined in § 155.004, may be held on property zoned residential subject to the following limitations:
   (A)   No more than four incidental sales may held at the same real property by the sale occupant within the same calendar year; however, if a new resident moves into that property after four sales have already been held, that new resident is entitled to hold one additional sale that year. The city-wide yard sales held in the spring and fall each year sponsored by the city are exempt from this provision and shall not count towards the annual limit.
   (B)   No incidental sale shall continue for more than 72 hours from beginning to end, regardless of how many hours the personal property may be viewed and when transactions actually occur within that time period.
   (C)   No public way, including sidewalks, shall be obstructed by an incidental sale, nor shall any yard sale signage be placed on public property (specifically include utility poles and street signs) or in such a way as to dangerously obstruct the visibility of passing vehicle or pedestrian traffic.
   (D)   Incidental sales shall only be conducted between the hours of 7:00 a.m. and 7:00 p.m.
   (E)   An incidental sale, as permitted by this section, does not modify applicable parking regulations set forth elsewhere in this code.
   (F)   The sale of any hazardous or controlled substance, or other personal property the sale of which is limited, regulated, or forbidden by state or federal law, must comply with all applicable statues; failure to do so will result in the entire incidental sale being prohibited under this section.
(Ord. 2024-01, passed 1-22-2024)