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Vinita City Zoning Code

CHAPTER 7

RESIDENTIAL DISTRICTS

10-7A-1: GENERAL DESCRIPTION:

The R-1 single-family residential district is established as a district in which the use of the land is for single-family dwellings except as noted. It is the purpose and intent of this district to promote the development of and the continued use of the land for single-family dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent is to further discourage any use in this district which would generate traffic or create congestion on neighborhood streets other than the normal traffic which serves the residents in the area. This district further encourages only those uses which, because of character or size, would not create additional requirements and costs for public services which are in excess of such requirements and costs if the district were not developed solely for single-family dwellings. (Ord., 11-1-1983)

10-7A-2: USES PERMITTED:

The following uses are permitted in an R-1 single-family residential district, and are subject to all the general provisions and regulations of this title:
Agricultural uses of the garden type that are not intended for commercial purposes.
Elementary schools, public and private, where the curriculum is similar in nature and preparation of coursework to the public schools.
Public parks or playgrounds.
Single-family detached dwellings which, for purposes of this article, shall not be deemed to include mobile homes 1 . (Ord., 11-1-1983)

10-7A-3: USES PERMITTED SUBJECT TO ADDITIONAL REQUIREMENTS:

   A.   Principal Uses: The following uses are permitted, provided they meet the requirements noted for each use, in addition to applicable area regulations:
Childcare center or day nursery; provided, that such center or nursery is operated by a licensed provider, that the residence is the primary residence of the operator, that it does not employ nonresidents of the single-family dwelling where operations are conducted, and that the operation otherwise meets and complies with all state guidelines for operation of a childcare center or day nursery.
Churches; provided, that a minimum lot size of one acre and major street frontage is provided, as shown on the trafficways plan.
Golf course, private or public, or country club; provided, that the chief activity is for recreational purposes and any commercial activity is accessory or incidental thereto.
Home occupation; provided, that it is in keeping with the meaning of "home occupation" as defined in section 10-1-4 of this title.
Junior high or senior high schools; provided, that they have major street frontage as shown on the trafficways plan.
Library; provided, that such library has major street frontage as shown on the trafficways plan.
Parking lot required to serve the uses permitted in this district.
Plant nursery; provided, that no building or structure is maintained in connection therewith and no retailing of any material is carried on upon the premises.
Temporary bulletin board or sign not exceeding twelve (12) square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.
Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.
   B.   Accessory Buildings: Accessory buildings which are not a part of a main building may include one private garage. (Ord., 11-1-1983; amd. Ord. 2957, 6-16-1992)

10-7A-4: AREA, SETBACK AND HEIGHT REGULATIONS:

 
Minimum
Lot
Area
Minimum
Lot
Frontage
Maximum
Percent
Coverage
Maximum
Height
Front
Yard
Setback
Side
Yard
Setback
Rear
Yard
Setback
 
 
 
 
 
 
 
9,000
square
feet
70 feet
 
 
30 percent
interior
 
35 feet
 
 
25 feet
 
 
5 feet
interior
lots
20 feet
 
 
 
 
 
 
 
 
 
 
 
35 percent
corner
 
 
 
 
 
10 feet
street
side of
corner
lots
 
 
   A.   Front Yard: In no case shall a new structure protrude further in the front yard than the overhanging roof of an existing adjacent structure if the overhanging roof of the new structure is positioned less than thirty feet (30') from the front property line.
   B.   Side Yard:
      1.   For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than ten feet (10').
      2.   For a principal building other than a one-family dwelling, the minimum width of a side yard shall be not less than one-half (1/2) the height of the building, but in no case less than fifteen feet (15').
   C.   Rear Yard: Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than five feet (5') to the rear lot line.
   D.   Lot Size Requirements: The frontage of any wedge shaped lot which meets the requirements of minimum lot size may be a minimum of forty feet (40'); however, the front building line on the lot shall be a minimum of seventy (70) linear feet measured at an equal distance parallel to and from the front lot line. (Ord. 3410, 10-7-2008)

10-7A-5: OFF STREET PARKING:

Except as provided for elsewhere in this title, all permitted uses in the R-1 residence district shall comply with the following minimum requirements for off street parking:
Type Of Use
Parking Space Required
Type Of Use
Parking Space Required
Schools, elementary schools, junior and senior high schools, including public, private and parochial schools
 
1 off street parking space for each employee, plus 1 for each classroom, plus 1 for each 50 square feet of assembly area with stationary or movable seats
Single-family dwellings
 
1 off street parking space for each dwelling unit
Utilities service installations
 
1 off street parking space for each 400 square feet of floor space
Other uses permitted
 
1 off street parking space for each 5 seats provided for patron use, or 1 space for each 400 square feet of gross floor area used or intended to be used for service to the public, as customers, patrons, or clients, whichever requires the greatest number of parking spaces; the open space required by front yard requirements shall not be used for parking
 
(Ord., 11-1-1983)

10-7A-6: SEWER SERVICE:

No dwelling unit in an R-1 single-family district shall be constructed which is not provided with an effective connection to a public sewer system unless or until the county public health officer certifies that a septic tank or any substitute disposal system can be satisfactorily installed on the lot. As a basis for making his decision, the county public health officer may require such percolation tests as he deems to be necessary. Such tests shall be made at the expense of the homeowner. (Ord., 11-1-1983; amd. 2005 Code)

10-7A-7: SIGNS AND BILLBOARDS:

No signs, billboards, posters, bulletin boards, or other similar matter shall be permitted in the R-1 single-family residential district, except as follows:
   A.   Temporary Signs: Temporary signs not to exceed the duration of six (6) months to advertise the premises for sale, rent or lease, except original sale.
   B.   Church Bulletin Board: One bulletin board not exceeding fifty (50) square feet may be erected by each church.
   C.   Public Notices: Official public notices may be erected on affected property.
   D.   Nameplate: One unilluminated nameplate not exceeding two (2) square feet in area, and not containing lettering other than the name of the owner or occupants or name or address of the premises. (Ord., 11-1-1983)

10-7A-8: CARPORT:

   A.   Upon obtaining a building permit approved by the city, a carport may be installed or constructed on property owned by the applicant without regard to the setback requirements set forth in this chapter, provided that no portion of said carport shall encroach upon any utility, street, alley or drainage easement or right of way.
   B.   Any portion of a carport which sits on or in front of the setback line shall not be enclosed at the time of construction or at any later date.
   C.   A carport shall not be used for storage of any materials (other than a frequently used motor vehicle). (Ord. 3415, 11-18-2008)

10-7B-1: GENERAL DESCRIPTION:

This residential district is intended to provide for both low and moderate population density. It is established as a district in which the principal uses of the land are for multi-family dwellings and similar higher density residential development. The intent is to encourage the development and the continued use of land for multi-family dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multi-family dwellings in this district. It is further intended to discourage any use which would generate traffic or create congestion on the neighborhood streets other than the normal traffic which serves the multi-family dwelling or similar residential uses in this district and discourage any use which, because of its characteristics or size, would create additional requirements and costs for public services which are in excess of such requirements and costs if the district were developed solely for multi-family or other similar residential uses. (Ord., 11-1-1983)

10-7B-2: USES PERMITTED:

   A.   Principal Uses: The following uses are permitted in any R-2 general residential district, and are subject to all the general provisions and regulations of this title:
Any use permitted in section 10-7A-2 of this chapter, R-1 single-family district.
Duplexes.
Multi-family dwellings.
Rooming or boarding houses.
   B.   Accessory Buildings And Uses: Accessory buildings and uses customarily incidental to the above uses are permitted when located on the same lot. (Ord., 11-1-1983)

10-7B-3: USES PERMITTED SUBJECT TO ADDITIONAL REQUIREMENTS:

   A.   Principal Uses: The following uses are permitted, provided they meet the requirements noted for each use in addition to applicable area regulations:
Childcare centers or day nurseries; provided, that such centers or nurseries are located on a lot not less than ten thousand (10,000) square feet in area and have their principal access on a major street as shown on the trafficways plan.
Convalescent homes, rest homes, nursing homes and hospitals, public or private; provided, that they have frontage on a major street as shown on the trafficways plan.
Lodges and other service institutions; provided, that they are located on a lot of not less than one acre and have frontage on a major street as shown on the trafficways plan.
Mobile home courts, in compliance with section 10-7B-8 of this article.
   B.   Uses In R-1 District: Any uses permitted subject to additional requirements in section 10-7A-3 of this chapter, R-1 single- family residence district, are permitted in this district. (Ord., 11-1-1983)

10-7B-4: AREA, SETBACK AND HEIGHT REGULATIONS:

 
Minimum
Lot
Area
Minimum
Lot
Frontage
Maximum
Percent
Coverage
Maximum
Height
Front
Yard
Setback
Side
Yard
Setback
Rear
Yard
Setback
 
 
 
 
 
 
 
9,000
square
feet
70 feet
 
 
50 percent
 
 
Single-
family
35 feet
25 feet
 
 
5 feet
 
 
20 feet
 
 
 
(Ord. 3419, 12-16-2008)
   A.   Front Yard:
      1.   When a yard has double frontage, the front yard requirements shall be complied with on both streets. (Ord., 11-1-1983)
      2.   For all uses other than single-family and duplex, the front yard setback shall be twenty five feet (25') with an additional one foot (1') of setback for each one foot (1') of height in excess of twenty five feet (25').
   B.   Side Yard:
      1.   For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than ten feet (10').
      2.   For all uses other than single-family and duplex, the side yard setback shall be five feet (5') with an additional one foot (1') of setback for each one foot (1') of height in excess of five feet (5'). (Ord. 3419, 12-16-2008)
   C.   Rear Yard:
      1.   Unattached buildings of accessory uses may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than five feet (5') to the rear lot line. (Ord., 11-1-1983)
      2.   For all uses other than single-family and duplex, the rear yard setback shall be twenty feet (20') with an additional one foot (1') of setback for each one foot (1') of height in excess of twenty feet (20').
   D.   Lot Size Requirements: There shall be a lot area of not less than nine thousand (9,000) square feet for a two-family dwelling, and an additional area of not less than two thousand (2,000) square feet for each unit, more than two (2). If the lot is a wedge shaped lot which meets the requirements of minimum lot size, it may have less than the minimum requirements for frontage as long as the front building line of the lot is a minimum of seventy (70) linear feet. (Ord. 3419, 12-16-2008)

10-7B-5: OFF STREET PARKING:

In the R-2 general residential district, the off street parking requirements are the same as those in section 10-4-6 of this title. (Ord., 11-1-1983)

10-7B-6: SEWER SERVICE:

No dwelling unit in an R-2 general residential district shall be constructed which is not provided with an effective connection to a public sewer system unless and until the public county health officer certifies that a septic tank or any substitute disposal system can be satisfactorily installed on the lot. As a basis for making his decision, the health officer may require such percolation tests as he deems to be necessary. Such tests shall be made at the expense of the homeowner. (Ord., 11-1-1983; amd. 2005 Code)

10-7B-7: SIGNS AND BILLBOARDS:

The control of signs and billboards in the R-2 general residential district is the same as that in section 10-7A-7 of this chapter for the R-1 single-family residential district. (Ord., 11-1-1983)

10-7B-8: MOBILE HOME PARK OR COURT1:

Upon compliance with the provisions as set forth herein, a mobile home trailer park will be allowed within the R-2 general residential district.
   A.   Site Plan: The applicant, upon making application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein. (Ord., 11-1-1983)
   B.   Requirements For Site:
      1. The proposed site shall be a minimum of two (2) acres in size and shall contain no more than ten (10) mobile home stands per acre. (Ord., 11-1-1983; amd. 2005 Code)
      2. The proposed site shall have a minimum frontage of two hundred feet (200') on a street designated as a major street or collector street in the trafficways plan. All access or egress by automobiles will be on such streets.
      3. The proposed site shall be a minimum of two hundred feet (200') in depth.
   C.   Occupancy: It shall be the intention of the proposed plan for the mobile home park to accommodate primarily permanent occupants with no more than ten percent (10%) of the mobile home stands devoted to purely transient purposes. These purely transient stands shall be located in one area of the park so they will in no way interfere with the permanent residents.
   D.   Yards: The proposed site shall have a front yard of not less than twenty feet (20') from the corner line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet (10') from any solid fencing, screen planting or wall of six feet (6') in height.
   E.   Screening: The proposed site shall be screened or buffered on all sides with a solid wall fence six feet (6') in height or a screen planting which will attain at least six feet (6') in height.
   F.   Parking: The proposed site shall provide one off street parking space for each mobile home stand, plus one additional off street parking space for each four (4) mobile home stands.
   G.   Connection To Utilities: The proposed site shall provide a connection for each mobile home stand to all public utilities considered necessary for the health, safety and general welfare of the public. (Ord., 11-1-1983)

10-7B-9: CARPORT:

   A.   Upon obtaining a building permit approved by the city, a carport may be installed or constructed on property owned by the applicant without regard to the setback requirements set forth in this chapter, provided that no portion of said carport shall encroach upon any utility, street, alley or drainage easement or right of way.
   B.   Any portion of a carport which sits on or in front of the setback line shall not be enclosed at the time of construction or at any later date.
   C.   A carport shall not be used for storage of any materials (other than a frequently used motor vehicle). (Ord. 3415, 11-18-2008)